H.R. 5515 — what changed
National Defense Authorization Act for Fiscal Year 2019
From Enrolled Bill to Engrossed in House. 542 sections amended, 301 added, and 231 removed between Enrolled Bill and Engrossed in House.
Section 1 Short title
added This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2019”.
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In general— This Act may be cited as the “John S. McCain National Defense Authorization Act for Fiscal Year 2019”.
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References— Any reference in this or any other Act to the “National Defense Authorization Act for Fiscal Year 2019” shall be deemed to be a reference to the “John S. McCain National Defense Authorization Act for Fiscal Year 2019”.
Sec. 2 Organization of Act into divisions; table of contents
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Divisions— This Act is organized into four seven divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations and Other Authorizations.
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Division D—Funding Tables.D—Coast Guard Authorization Act of 2017.
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Division E—National Strategic and Critical Minerals Production.
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Division F—Fees for Medical Services Provided by National Park Service Personnel.
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Division G—Funding Tables.
Table of contents— The table of contents for this Act is as follows:
Sec. 4 Budgetary effects of this Act
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The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.
Sec. 101 Authorization of appropriations
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Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.7101.
Sec. 112 Limitation on availability of funds for M27 Infantry Automatic Rifle program
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Certification required—Limitation— Not later Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the M27 Infantry Automatic Rifle program of the Marine Corps, not more than 30 days after 80 percent may be obligated or expended until the date of on which the enactment Commandant of this Act, the Secretary of Defense shall certify Marine Corps submits to the congressional defense committees whether there is a need for Committees on Armed Services of the Army to deploy an interim missile defense capability.Senate and the House of Representatives the assessment described in subsection (b).
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Assessment— The assessment described in this subsection is a written summary of the views of the Marine Corps with respect to the Small Arms Ammunition Configuration Study of the Army, including—
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Deployment—
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In general— If the Secretary of Defense certifies that there is a need for the Army to deploy an interim missile defense capability under subsection (a), the Secretary of the Army shall deploy the capability as follows:
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Two batteries of the capability shall be deployed by not later than September 30, 2020.
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Two additional batteries of the capability shall be deployed by not later than September 30, 2023.
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Achievement of deployment deadlines— In order to meet an explanation of how the deadlines for deployment specified in paragraph (1) study informs the Secretary future small arms modernization requirements of the Army may—Marine Corps; and
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deploy systems that require the least amount of development;
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procure non-developmental air and missile defense systems currently in production to ensure rapid delivery of capability;
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use existing systems, components, and capabilities already in the Joint Force inventory, including rockets and missiles as available;
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use operational information technology for communication, detection, and fire control that is certified to work with existing joint information technology systems to ensure interoperability;
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engage and collaborate with officials, organizations, and activities of the Department of Defense with responsibilities relating to science and technology, engineering, testing, and acquisition, including the Defense Innovation United Experimental, the Director of Operational Test and Evaluation, the Defense Digital Service, the Strategic Capabilities Office, and the Rapid Capabilities offices, to accelerate the development, testing, and deployment of existing systems;
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use institutional and operational basing to facilitate rapid training and fielding;
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consider a range of direct energy weapon systems to compete for the 2023 deployment specified in paragraph (1)(B); and
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carry out such other activities as the Secretary determines to be appropriate.
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Authorities— In carrying out paragraphs (1) near-term and (2), Secretary of long-term modernization strategies for the Army may use any authority small arms weapon systems of the Secretary relating to acquisition, technology transfer, and personnel management that the Secretary considers appropriate, Marine Corps, including rapid acquisition and rapid prototyping authorities, to resource associated funding and procure an interim missile defense capability.schedule profiles.
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Waiver— The Secretary of the Army may waive the deadlines for deployment specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadlines.
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In general— If the Secretary of the Army will deploy an interim missile defense capability pursuant to subsection (b), then, by not later than March 1, 2019, the Secretary, in consultation with the Chief of Staff of the Army, shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes—
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recommendations identifying any interim missile defense capabilities to be deployed and a proposed rapid acquisition schedule for such capabilities;
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a plan to rapidly resource any identified shortfalls for any such capability selected for deployment; and
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a schedule and timeline for the fielding and deployment of any such capability.
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Interim missile defense capability defined— In this section, the term “interim missile defense capability” means a fixed-site, cruise missile defense capability that may be deployed before the Indirect Fire Protection Capability of the Army becomes fully operational.
Sec. 121 Increase in number of operational aircraft carriers of the Navy
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Findings— Congress finds the following:
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Contract authority—
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Procurement authorized— The Secretary of the Navy may enter into one or more contracts, beginning with the fiscal year 2019 program year, for the procurement of one Ford class aircraft carrier to be designated CVN–81.
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Procurement in conjunction with CVN–80— The aircraft carrier authorized to be procured under paragraph (1) may be procured as an addition to the contract covering can fulfill the Ford class aircraft carrier designated CVN–80 that is authorized Navy’s core missions of forward presence, sea control, ensuring safe sea lanes, and power projection as well as providing flexibility and versatility to be constructed under section 121 execute a wide range of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104).additional missions.
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Forward airpower is integral to the security and joint forces operations of the United States. Carriers play a central role in delivering forward airpower from sovereign territory of the United States in both permissive and nonpermissive environments.
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Aircraft carriers provide our Nation the ability to rapidly and decisively respond to national threats, as well as conducting worldwide, on-station diplomacy and providing deterrence against threats to the United States allies, partners, and friends.
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Since the end of the cold war, aircraft carrier deployments have increased while the aircraft carrier force structure has declined.
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Considering the increased array of complex threats across the globe, the Navy aircraft carrier is operating at maximum capacity, increasing deployment lengths and decreasing maintenance periods in order to meet operational requirements.
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To meet global peacetime and wartime requirements, the Navy has indicated a requirement to maintain two aircraft carriers deployed overseas and have three additional aircraft carriers capable of deploying within 90 days. However, the Navy has indicated that the existing aircraft carrier force structure cannot support these military requirements.
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Despite the requirement to maintain an aircraft carrier strike group in both the United States Central Command and the United States Pacific Command, the Navy has been unable to generate sufficient capacity to support combatant commanders and has developed significant carrier gaps in these critical areas.
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Because of the continuing use of a diminished aircraft carrier force structure, extensive maintenance availabilities result which typically exceed program costs and increase time in shipyards. These expansive maintenance availabilities exacerbate existing carrier gaps.
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Developing an alternative design to the Ford-class aircraft carrier is not cost beneficial. A smaller design is projected to incur significant design and engineering cost while significantly reducing magazine size, carrier air wing size, sortie rate, and on-station effectiveness, among other vital factors, as compared to the Ford-class. Furthermore, a new design will delay the introduction of future aircraft carriers, exacerbating existing carrier gaps and threatening the national security of the United States.
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The 2016 Navy Force Structure Assessment states “A minimum of 12 aircraft carriers are required to meet the increased warfighting response requirements of the Defense Planning Guidance Defeat/Deny force sizing direction.”.
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Certification required—Sense of congress— A contract may not be entered into under subsection (a) unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into It is the contract, each sense of the following, which shall be prepared by the milestone decision authority for the Ford class aircraft carrier program:Congress that—
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The use of such a contract will result in significant savings compared to the total anticipated costs United States should expedite delivery of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—12 aircraft carriers; and
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the estimated obligations and expenditures by fiscal year for CVN–80 and CVN–81, by hull, without the authority provided in subsection (a);
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the estimated obligations and expenditures by fiscal year for CVN–80 and CVN–81, by hull, with the authority provided in subsection (a);
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the estimated cost savings or increase by fiscal year for CVN–80 and CVN–81, by hull, with the authority provided in subsection (a);
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the discrete actions that will accomplish such cost savings or avoidance; and
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the contractual actions that will ensure the estimated cost savings are realized.
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There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation.an aircraft carrier should be authorized every three years.
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Increase in number of operational aircraft carriers of the navy—
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Increase— Section 5062(b) of title 10, United States Code, is amended by striking “11 operational aircraft carriers” and inserting “12 operational aircraft carriers”.
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Effective date— The amendment made by paragraph (1) shall take effect on September 30, 2022.
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There is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.
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The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.
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The use of such a contract will promote the national security of the United States.
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During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.
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The contract will be a fixed price type contract.
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Use of incremental funding— With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract. No such payments may be obligated after the date that is 11 months after the date on which the fitting out of the aircraft carrier associated with the contract is completed.
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Liability— A contract entered into under subsection (a) shall provide that the total liability to the Government for termination of the contract entered into shall be limited to the total amount of funding obligated at the time of termination.
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Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year.
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Milestone decision authority defined— In this section, the term “milestone decision authority” has the meaning given that term in section 2366a(d) of title 10, United States Code.
Sec. 122 Procurement authority for Ford class aircraft carrier program
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Contract authority—
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Procurement authorized— The Secretary of the Navy may enter into one or more contracts, beginning with the fiscal year 2019 program year, for the procurement of one Ford class aircraft carrier to be designated CVN–81.
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Procurement in conjunction with CVN–80— The aircraft carrier authorized to be procured under subsection (a) may be procured as an addition to the contract covering the Ford class aircraft carrier designated CVN–80 that is authorized to be constructed under section 121 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104).
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Use of incremental funding— With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.
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Liability— A contract entered into under subsection (a) shall provide that the total liability to the Government for termination of the contract entered into shall be limited to the total amount of funding obligated at the time of termination.
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Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year.
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The Secretary of the Navy shall ensure that full ship shock trials results are incorporated into the construction of the Ford class aircraft carrier designated CVN–81.
Sec. 123 Full ship shock trial for Ford class aircraft carrier
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It is the sense The Secretary of Congress that the United States should accelerate Navy shall ensure that full ship shock trials results are incorporated into the production construction of aircraft carriers to rapidly achieve the Navy’s goal of having 12 operational Ford class aircraft carriers.carrier designated CVN–81.
Sec. 124 Multiyear procurement authority for amphibious vessels
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Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, contracts for the procurement of up to 625 standard missile–6 missiles at a rate of not more than 125 missiles per year during the covered period.five amphibious vessels.
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Authority for advance procurement and economic order quantity—Limitation— The Secretary of the Navy may enter not modify a contract entered into one or under subsection (a) if the modification would increase the target price of an amphibious vessel by more contracts for advance procurement associated with than 10 percent above the missiles (including economic order quantity) for which authorization to enter into a multiyear procurement target price specified in the original contract is provided awarded for the amphibious vessel under subsection (a).
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Authority for advance procurement— The Secretary of the Navy may enter into one or more contracts for advance procurement associated with the amphibious vessels for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the amphibious vessels, including procurement of—
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long lead time material; or
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material or equipment in economic order quantities when cost savings are achievable.
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was (4)
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
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Limitation on termination liability— A contract for the construction of amphibious vessels entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the amphibious vessels covered by the contract regardless of the amount obligated under the contract.
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Amphibious vessel defined— The term “amphibious vessel” means a San Antonio class amphibious transport dock ship with a Flight II configuration.
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Covered period defined— In this section, the term “covered period” means the 5-year period beginning with the fiscal year 2019 program year and ending with the fiscal year 2023 program year.
Sec. 125 Multiyear procurement authority for standard missile–6
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Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 24 E–2D aircraft.625 standard missile–6 missiles at a rate of not more than 125 missiles per year during the covered period.
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Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
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Covered period defined— In this section, the term “covered period” means the 5-year period beginning with the fiscal year 2019 program year and ending with the fiscal year 2023 program year.
Sec. 126 Multiyear procurement authority for E–2D aircraft
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Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of the following:up to 24 E–2D aircraft.
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F/A–18E/F aircraft.
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EA–18G aircraft.
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Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
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Authority for advance procurement and economic order quantity— The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2019, for advance procurement associated with the aircraft for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include one or more contracts for the procurement of economic order quantities of material and equipment for such aircraft.
Sec. 127 Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft
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Modifications required—Authority for multiyear procurement— The Subject to section 2306b of title 10, United States Code, the Secretary of the Navy shall modify the F/A–18 aircraft to reduce may enter into one or more multiyear contracts, beginning with the occurrence of, and mitigate fiscal year 2019 program year, for the risk posed by, physiological episodes affecting crewmembers procurement of the aircraft. The modifications shall include, at minimum—following:
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replacement of the F/A–18 cockpit altimeter;F/A–18E/F aircraft.
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upgrade of the F/A–18 onboard oxygen generation system;EA–18G aircraft.
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redesign of the F/A–18 aircraft life support systems required to meet onboard oxygen generation system input specifications; and
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installation of equipment associated with improved F/A–18 physiological monitoring and alert systems.
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Report required—Condition for out-year contract payments— Not later than February 1, 2019, and annually thereafter through February 1, 2021, the Secretary A contract entered into under subsection (a) shall provide that any obligation of the Navy shall submit United States to the congressional defense committees make a written update on payment under the status of all modifications contract for a fiscal year after fiscal year 2019 is subject to the F/A–18 aircraft carried out by the Secretary pursuant to subsection (a).availability of appropriations or funds for that purpose for such later fiscal year.
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Waiver—Authority for advance procurement and economic order quantity— The Secretary of the Navy may waive enter into one or more contracts, beginning in fiscal year 2019, for advance procurement associated with the requirement aircraft for which authorization to make enter into a modification multiyear procurement contract is provided under subsection (a) if the Secretary certifies to the congressional defense committees that the specific modification is inadvisable and provides a detailed justification (a), which may include one or more contracts for excluding the modification from the Navy’s planned upgrades procurement of economic order quantities of material and equipment for the F/A–18 such aircraft.
Sec. 128 Modifications to F/A–18 aircraft to mitigate physiological episodes
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In general—Modifications required— As part of the solicitation for proposals for the procurement of any frigate class ship in any of fiscal years 2019, 2020, or 2021, the The Secretary of the Navy shall require that offerors submit proposals under which modify the offeror agrees to convey technical data F/A-18 aircraft to the Federal Government in the event reduce the offeror is awarded occurrence of, and mitigate the frigate construction contract associated with risk posed by, physiological episodes affecting crewmembers of the proposal.aircraft. The modifications shall include, at minimum—
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replacement of the F/A–18 cockpit altimeter;
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upgrade of the F/A–18 onboard oxygen generation system;
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redesign of the F/A–18 aircraft life support systems required to meet onboard oxygen generation system input specifications;
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installation of equipment associated with improved F/A–18 physiological monitoring and alert systems; and
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installation of an automatic ground collision avoidance system.
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Technical data defined—Report required— In this section, the term “technical data” means a compilation of detailed engineering plans Not later than February 1, 2019, and specifications for annually thereafter through February 1, 2021, the construction Secretary of the Navy shall submit to the congressional defense committees a frigate class ship.written update on the status of all modifications to the F/A–18 aircraft carried out by the Secretary pursuant to subsection (a).
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Waiver— The Secretary of the Navy may waive the requirement to make a modification under subsection (a) if the Secretary certifies to the congressional defense committees that the specific modification is inadvisable and provides a detailed justification for excluding the modification from the Navy’s planned upgrades for the F/A–18 aircraft.
Sec. 129 Frigate class ship program
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Technical data—
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Requirement— As part of the solicitation for proposals for the procurement of any frigate class ship, the Secretary of the Navy shall require that an offeror submit a proposal that provides for conveying technical data as part of the proposal for the frigate.
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Rights of the United States— The Secretary of the Navy shall ensure that the Government’s rights in technical data for any frigate class ship are sufficient to allow the Government to—
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by not later than the date on which funds are obligated for the last covered frigate, use the technical data to conduct a full and open competition (pursuant to section 2304 of title 10, United States Code) for any subsequent procurement of a frigate class ship; and
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transition the frigate class ship combat systems to Government-furnished equipment to achieve open architecture and foster competition to modernize future systems.
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Section 124 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
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Definitions— by redesignating subsection (d) through (f) as subsections (e) through (g), respectively; andIn this section:
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The term “covered frigate” means each of the first 10 frigate class ships procured after January 1, 2020.
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The term “technical data” means a compilation of detailed engineering plans and specifications for the construction of a frigate class ship.
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by inserting after subsection (c), the following:
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“(d) Contract requirement
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“(1) In general—The Secretary of the Navy shall ensure that a contract entered into under subsection (a) includes an option to procure a Virginia class submarine in each of fiscal years 2022 and 2023.
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“(2) Option defined—In this subsection, the term “option” has the meaning given that term in part 2.101 of the Federal Acquisition Regulation.”
Sec. 130 Limitation on procurement of economic order quantities for Virginia class submarine program
added Section 124 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
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Prohibition— Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 may be obligated or expended to procure legacy waterborne security barriers for Navy ports.
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Waiver— The Secretary of the Navy may waive the prohibition in subsection (a) not less than 30 days after submitting (c)(2), by striking “material” and inserting “subject to the congressional defense committees—subsection (d), material”;
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a Navy requirements document that specifies key performance parameters and key system attributes for new waterborne security barriers for Navy ports;
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a certification that the level of capability specified under paragraph (1) will meet or exceed that of legacy waterborne security barriers for Navy ports;
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the acquisition strategy for the recapitalization of legacy waterborne security barriers for Navy ports, which shall meet or exceed the requirements specified under paragraph (1); and
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a certification that any contract for new waterborne security barriers for a Navy port will be awarded in accordance with the requirements for full and open competition set forth in section 2304 of title 10, United States Code.
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Exception— The prohibition in by redesignating subsection (a) shall not apply to any of the following activities:(d) through (f) as subsections (e) through (g), respectively; and
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by inserting after subsection (c), the following:
added “(d) Limitation on procurement of economic order quantities—The Secretary of the Navy may not enter into contracts for economic order quantities under subsection (c)(2) until the date on which the Secretary certifies to the congressional defense committees that any funds made available for such contracts will be used to procure economic order quantities of material and equipment for not fewer than 12 Virginia class submarines.”
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The sustainment, refurbishment, and replacement of portions of existing waterborne security barriers at Navy ports due to normal wear and tear.
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The procurement of new waterborne security barriers for Navy ports due to exigent circumstances.
Sec. 131 Limitation on use of funds for DDG–51 destroyers
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Section 124 None of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as amended funds authorized to be appropriated or otherwise made available by section 127 of the National Defense Authorization this Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “or fiscal year 2018” 2019 for Shipbuilding and inserting “, fiscal year 2018, Conversion, Navy, for DDG–51 class destroyers may be obligated or fiscal year 2019”.expended until the Secretary of the Navy submits to the congressional defense committees a report that includes—
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a detailed description of the current degaussing standards;
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a plan for incorporating such standards into the destroyer construction program; and
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an assessment of the requirement to backfit such standards in service destroyers.
Sec. 132 Limitation on availability of funds for M27 Infantry Automatic Rifle program
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Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the M27 Infantry Automatic Rifle program of the Marine Corps, not more than 80 percent may be obligated or expended until the date on which the Commandant of the Marine Corps submits to the Committees on Armed Services of the Senate and the House of Representatives the assessment described in subsection (b).
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Assessment— The assessment described in this subsection is a written summary of the views of the Marine Corps with respect to the Small Arms Ammunition Configuration Study of the Army, including—
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an explanation of how the study informs the future small arms modernization requirements of the Marine Corps; and
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near-term and long-term modernization strategies for the small arms weapon systems of the Marine Corps, including associated funding and schedule profiles.
Sec. 133 Report on degaussing standards for DDG–51 destroyers
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Report required— Not later than February 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report on degaussing standards for the DDG–51 destroyer.
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Elements— The report required under subsection (a) shall include—
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a detailed description of the current degaussing standards for the DDG–51 destroyer;
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a plan for incorporating such standards into the destroyer construction program; and
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an assessment of the requirement to backfit such standards to in-service destroyers.
Sec. 141 Inventory requirement for air refueling tanker aircraft; limitation on retirement of KC–10A aircraft
Inventory requirement— Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(j)
changed “(1) Except as provided in paragraph (2), effective October 1, 2019, the Secretary of the Air Force shall maintain a total primary assigned aircraft inventory of air refueling tanker aircraft of not less than 479 aircraft.
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“(2) The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the total primary assigned aircraft inventory of the Air Force below 479 only if—
“(A) the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91); and
“(B) a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under subparagraph (A).
“(3) In this subsection:
“(A) The term “air refueling tanker aircraft” means an aircraft that has as its primary mission the refueling of other aircraft.
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“(B) The term “total “primary assigned aircraft inventory” means aircraft authorized to a flying unit for operations or training.”
Limitation on retirement of KC–10A—
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for any fiscal year for the Air Force may be obligated or expended to retire, or to prepare to retire, any KC–10A aircraft until the date that is 30 days after the date on which the Secretary of the Air Force certifies to the congressional defense committees that Secretary has met the minimum inventory requirement under section 8062(j) of title 10, United States Code, as added by subsection (a) of this section.
Exception for certain aircraft— The requirement of paragraph (1) does not apply to individual KC–10A aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.
Sec. 142 Limitation on use of funds for KC-46A aircraft pending submittal of certification
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Authority for multiyear procurement—Certification required— Subject to section 2306b of title 10, United States Code, the The Secretary of the Air Force may enter into one or more multiyear contracts, beginning with shall submit to the fiscal year 2019 program year, for congressional defense committees certification that, as of the procurement of—date of the certification—
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C–130J aircraft the supplemental type certification and the military type certification for the Air Force; KC-46A aircraft have been approved; and
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C–130J aircraft for the Navy and Air Force has accepted the Marine Corps pursuant to delivery of the agreement described in subsection (b).first KC-46A aircraft.
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Agreement described—Limitation on use of funds— The agreement described in this subsection is the agreement between the Secretary of the Navy and the Secretary None of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Aircraft Procurement, Air Force under which Force, may be obligated or expended for three KC-46A aircraft until the Secretary of the Air Force acts as the executive agent for the Department of submits the Navy for purposes of procuring C–130J aircraft for such Department.certification required under subsection (a).
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Authority for advance procurement and economic order quantity— The Secretary of the Air Force may enter into one or more contracts for advance procurement associated with the C–130J aircraft, including economic order quantity, for which authorization to enter into a multiyear procurement contract is provided under subsection (a).
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Condition for out-Year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations for that purpose for such later fiscal year.
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Treatment of fiscal year 2018 aircraft— The multiyear contract authority under subsection (a) includes C–130J aircraft for which funds were appropriated for fiscal year 2018.
Sec. 143 Retirement date for VC–25A aircraft
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In general— For purposes of the application of section 2244a of title 10, United States Code, the retirement date of the covered aircraft is deemed to be not later than December 31, 2025.
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The Secretary of the Air Force shall—
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Covered aircraft defined— ensure that In this section, the total period of any contract awarded for logistics support for term “covered aircraft” means the VC–25B two VC–25A aircraft does not exceed five years, as required under part 17.204(e) of the Federal Acquisition Regulation, unless otherwise approved Air Force that are in accordance with established procedures; andservice as of the date of the enactment of this Act.
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comply with section 2304 of title 10, United States Code, regarding full and open competition through the use of competitive procedures for the award of any logistics support contract following the initial five-year contract period.
Sec. 144 Contract for logistics support for VC–25B aircraft
added The Secretary of the Air Force shall—
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In general— For purposes of the application of section 2244a of title 10, United States Code, the retirement date of the covered aircraft is deemed to be not later than December 31, 2025.
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Covered aircraft defined— In this section, the term “covered aircraft” means ensure that the two VC–25A aircraft total period of any contract awarded for logistics support for the Air Force that are in service VC–25B aircraft does not exceed five years, as of the date required under part 17.204(e) of the enactment of this Act.Federal Acquisition Regulation, unless otherwise approved in accordance with established procedures; and
added
comply with section 2304 of title 10, United States Code, regarding full and open competition through the use of competitive procedures for the award of any logistics support contract following the initial five-year contract period.
Sec. 145 Multiyear procurement authority for C–130J aircraft
added
Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 52 C–130J aircraft.
added
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations for that purpose for such later fiscal year.
removed
Section 131 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037) is repealed.
Sec. 146 Removal of waiting period for limitation on availability of funds for EC–130H Compass Call recapitalization program
added Section 135(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “a period of 30 days has elapsed following”.
removed
Certification required— The Secretary of the Air Force shall submit to the congressional defense committees certification that, as of the date of the certification—
removed
the supplemental type certification and the military type certification for the KC–46A aircraft have been approved; and
removed
the Air Force has accepted the delivery of the first KC–46A aircraft.
removed
Limitation on use of funds—
removed
Limitation— Notwithstanding any other provision of this Act, none of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Aircraft Procurement, Air Force, may be obligated or expended to procure the covered aircraft until the Secretary of the Air Force submits the certification required under subsection (a).
removed
Covered aircraft defined— In this subsection, the term “covered aircraft” means three of the KC–46A aircraft authorized to be procured by this Act.
Sec. 147 Findings and sense of Congress regarding KC–46 aerial refueling tankers
changed
Limitation on availability of funds for retirement—Findings— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 or any subsequent fiscal year for the Air Force may be obligated or expended to retire, or prepare to retire, any E–8 Joint Surveillance Target Attack Radar System aircraft until the date on which the Secretary of the Defense certifies to the congressional defense committees that Increment 2 of the Advanced Battle-Management System of the Air Force has declared initial operational capability as defined in the Capability Development Document for Congress makes the System.following findings:
added
Aerial refueling tankers provide an essential foundation for our nation’s ability to project power and deter adversaries, enabling the global reach of our joint force.
added
87 percent of the legacy aerial refueling fleet is comprised of KC–135 aircraft with an average age of 56 years.
added
The Commander of United States Transportation Command has identified the aerial refueling fleet as the “most stressed of our air mobility forces” and stated that “delaying KC–46 production puts the Joint Force’s ability to effectively execute war plans at risk”.
added
As directed by the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), the Air Force is undertaking an updated mobility capability and requirements study that will reflect guidance articulated in the 2018 National Defense Strategy and reassess the current tanker requirement of 479 aircraft.
added
The fixed-price contract for KC–46A calls for 179 aircraft to be delivered by 2028.
added
The KC–46 is a multirole platform that will bring enhanced capabilities to both the aerial refueling and strategic airlift missions. The aircraft provides the ability to refuel joint and coalition aircraft by both boom and drogue systems in the same sortie; improved cargo, passenger and aeromedical evacuation capabilities; and enhanced survivability with multiple layers of protection enabling it to operate safely in a broader range of threat environments than legacy tankers.
added
The Government Accountability Office has stated: “The KC–46 program’s total acquisition cost estimate remained stable over the past year at $44,400,000,000, which is about $7,300,000,000 less than the original estimate.”
added
The Commander of Air Mobility Command has stated that the KC–46 “will bring tremendous capability to our joint warfighter”.
added
The Assistant Secretary of the Air Force for Acquisition has stated: “Stability of requirements and funding are the keys to KC–46 program success and will enable the Air Force to deliver this new tanker ready for employment on day one.”
added
The Military Deputy to the Assistant Secretary of the Air Force for Acquisition has identified the KC–46 as the Air Force’s second highest combat aviation acquisition priority “for the role that it plays in being able to power project”.
added
With the support of Congress, the Air Force has executed three low rate initial production contracts for a total of 34 aircraft. In fiscal year 2018, Congress provided funding for a fourth production lot totaling 18 aircraft.
added
A steady production rate of 1.3 aircraft per month has been maintained through independent investment by industry in order to expedite deliveries to the Air Force upon completion of developmental testing and certification.
changed
Exception—Sense of Congress— The limitation in subsection (a) shall not apply to individual E–8C Joint Surveillance Target Attack Radar System aircraft that the Secretary of It is the Air Force determines, on a case-by-case basis, to be no longer mission capable because sense of mishaps, other damage, or being uneconomical to repair.Congress that—
added
the Air Force and industry should dedicate the resources and manpower necessary to ensure the first KC–46 is delivered in fiscal year 2018;
added
the Air Force should maximize efficiency in the test and certification process to ensure that—
added
test points are not redundant;
added
test plans are approved expeditiously;
added
receiver aircraft are available to support test flights; and
added
Air Force inputs necessary for Federal Aviation Administration and military airworthiness certifications are expedited; and
added
the Assistant Secretary of the Air Force for Acquisition and the Director of the Defense Contract Management Agency should develop and implement a plan enabling the Air Force to accept and field KC–46 aircraft at a rate higher than three aircraft per month after the delivery of the first aircraft.
removed
Certification required— Not later than March 1, 2019, the Secretary of Defense, on a nondelegable basis, shall certify to the congressional defense committees that—
removed
the Secretary of the Air Force is taking all reasonable steps to ensure the legacy E–8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate meet all safety requirements;
removed
the Secretary of the Air Force has developed and implemented a funding strategy to increase the operational and maintenance availability of the legacy E–8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate;
removed
the Advanced Battle-Management System Increment 1, 2, and 3 acquisition and fielding strategy is executable and that sufficient funds will be available to achieve all elements of the System as described in the Capability Development Document for the System; and
removed
in coordination with each separate geographic combatant commander, that the Secretary of the Air Force is implementing defined and measurable actions to meet the operational planning and steady-state force presentation requirements for Ground-Moving Target Indicator intelligence and Battle-Management, Command and Control towards a moderate level of risk until Increment 2 of the Advanced Battle-Management System declares initial operational capability.
removed
GAO report and briefing—
removed
Report required— Not later than March 1, 2020, the Comptroller General of the United States shall submit to the congressional defense committees a report on Increment I, Increment 2, and Increment 3 of the 21st Century Advanced Battle Management System of Systems capability of the Air Force. The report shall include a review of—
removed
the technologies that compose the capability and the level of maturation of such technologies;
removed
the resources budgeted for the capability;
removed
the fielding plan for the capability;
removed
any risk assessments associated with the capability; and
removed
the overall acquisition strategy for the capability.
removed
Interim briefing— Not later than March 1, 2019, the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the topics to be covered by the report under paragraph (1), including any preliminary data and any issues or concerns of the Comptroller General relating to the report.
removed
Air Force report— Not later than February 5, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the legacy fleet of E–8C Joint Surveillance Target Attack Radar System aircraft that includes—
removed
the modernization and sustainment strategy, and associated costs, for the airframe and mission systems that will be used to maintain the legacy fleet of such aircraft until the planned retirement of the aircraft; and
removed
a plan that will provide combatant commanders with an increased level of E–8C force support.
removed
E–8C force presentation requirement—
removed
In general— Beginning not later than October 1, 2020, and until the retirement of the E–8C aircraft fleet, the Secretary of the Air Force shall provide not fewer than 6 dedicated E–8C aircraft each fiscal year for allocation to the geographical combatant commanders through the Intelligence, Surveillance, and Reconnaissance Global Force Management Allocation Process.
removed
Exception— If the Secretary of the Air Force is unable to meet the requirements of paragraph (1), the Secretary of Defense, on a nondelegable basis, may waive the requirements for a fiscal year and shall provide to the congressional defense committees a notice of waiver issuance and justification.
removed
Air Force briefing requirement— Beginning not later than October 1, 2018, and on a quarterly basis thereafter, the Secretary of the Air Force shall provide to the congressional defense committees a program update briefing on the Advanced Battle-Management System of the Air Force, and all associated technologies.
Sec. 148 Sense of Congress on conversion of F–22 aircraft
changed
Report required—Findings— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the long term modernization of Congress finds the B–52H aircraft.following:
added
Accelerating the modernization upgrade of F–22A Block 20 training and test aircraft would significantly increase the total available inventory of combat-capable F–22A Block 35 fighter aircraft.
added
Converting 34 F–22A Block 20 aircraft to a Block 35 configuration would drastically improve the readiness and health of the entire F–22A fleet and increase flexibility to manage availability of the combat-coded Block 35 fleet, which is accumulating more operational flight hours than initially anticipated.
added
Making the conversions described in paragraph (2) would be a cost-effective way to increase the F–22's combat-capable force by 27 percent.
added
If the conversion effort is not included in future base budgets, it would be advisable for the Department of Defense to support the effort as an unfunded priority.
changed
Elements—Sense of Congress— The report required under subsection (a) shall include—It is the sense of Congress that the Secretary of the Air Force should accelerate modernization of the F–22 Block 20 training and test aircraft as quickly as possible.
removed
an estimated timeline for the modernization of the B–52H aircraft; and
removed
modernization requirements with respect to the integrated systems of the aircraft, including—
removed
electronic warfare and defensive systems;
removed
communications, including secure jam resistant capability;
removed
radar replacement;
removed
engine replacement;
removed
future weapons and targeting capability; and
removed
mission planning systems.
Sec. 151 Buy-to-budget acquisition of F–35 aircraft
added Subject to section 2308 of title 10, United States Code, using funds authorized to be appropriated by this Act for the procurement of F–35 aircraft, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act if such additional procurement does not require additional funds to be authorized to be appropriated because of production efficiencies or other cost reductions.
removed
Procurement authority—
removed
In general— In addition to the icebreaker vessel authorized to be procured under section 122(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), the Secretary of the department in which the Coast Guard is operating may enter into one or more contracts for the procurement of up to five additional polar-class icebreaker vessels.
removed
Condition for out-year contract payments— A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
removed
Sense of Congress— It is the sense of Congress that the Coast Guard should maintain an inventory of not fewer than six polar-class icebreaker vessels beginning not later than fiscal year 2029 and, to achieve such inventory, should—
removed
award a contract for the first new polar-class icebreaker not later than fiscal year 2019;
removed
deliver the first new polar-class icebreaker not later than fiscal year 2023;
removed
start construction on the second through sixth new polar-class icebreakers at a rate of one vessel per year in fiscal years 2022 through 2026; and
removed
accept delivery of the second through sixth new polar-class icebreakers at a rate of one vessel per year in fiscal years 2025 through 2029.
Sec. 152 Certification on inclusion of technology to minimize physiological episodes in certain aircraft
added
Certification required— Not later than 15 days before entering into a contract for the procurement of a covered aircraft, the Secretary concerned shall submit to the congressional defense committees a written statement certifying that the aircraft to be procured under the contract will include the most recent technological advancements necessary to minimize the impact of physiological episodes on aircraft crewmembers.
added
Waiver— The Secretary concerned may waive the requirement of subsection (a) if the Secretary—
added
determines the waiver is required in the interest of national security; and
added
not later than 15 days before entering into a contract for the procurement of a covered aircraft, notifies the congressional defense committees of the rationale for the waiver.
added
Termination— The requirement to submit a certification under subsection (a) shall terminate on September 30, 2021.
added
Definitions— In this section:
added
The term “covered aircraft” means a fighter aircraft, an attack aircraft, or a fixed wing trainer aircraft.
added
The term “Secretary concerned” means—
added
the Secretary of the Navy, with respect to covered aircraft of Navy; and
added
the Secretary of the Air Force, with respect to covered aircraft of the Air Force.
removed
Subject to section 2308 of title 10, United States Code, using funds authorized to be appropriated by this Act for the procurement of F–35 aircraft, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act if such additional procurement does not require additional funds to be authorized to be appropriated because of production efficiencies or other cost reductions.
Sec. 153 Armored commercial passenger-carrying vehicles
changed
Certification required—Implementation of GAO recommendations— Not later than 15 days before entering into a contract for In accordance with the procurement recommendations of a covered aircraft, the Secretary concerned shall submit to the congressional defense committees a written statement certifying that Government Accountability Office in the aircraft report titled “Armored Commercial Vehicles: DOD Has Procurement Guidance, but Army Could Take Actions to be procured under Enhance Inspections and Oversight” (GAO-17-513), not later than 180 days after the contract will include date of the most recent technological advancements necessary to minimize enactment of this Act, the impact Secretary of physiological episodes on aircraft crewmembers.Army shall—
added
ensure that in-progress inspections are conducted at the armoring vendor’s facility for each procurement of an armored commercial passenger-carrying vehicle until the date on which the Secretary of Defense approves and implements an updated armoring and inspection standard for such vehicles; and
added
designate a central point of contact for collecting and reporting information on armored commercial passenger-carrying vehicles (such as information on contracts execution and vehicle inspections).
changed
Waiver—Briefing required— The Not later than 180 days after the date of the enactment of this Act, the Secretary concerned may waive of Defense shall provide to the requirement congressional defense committees a briefing on the progress of subsection (a) if the Secretary—Secretary in implementing Department of Defense Instruction O–2000.16 Volume 1, dated November 2016, with respect to armored commercial passenger-carrying vehicles, including—
changed
determines whether criteria for the waiver is required in procurement of such vehicles have been established and distributed to the interest relevant components of national security; the Department; and
changed
not later than 15 days before entering into whether a contract process is in place for the procurement of a covered aircraft, notifies ensuring that the congressional defense committees relevant components of the rationale Department incorporate those criteria into contracts for the waiver.such vehicles.
removed
Termination— The requirement to submit a certification under subsection (a) shall terminate on September 30, 2021.
removed
Definitions— In this section:
removed
The term “covered aircraft” means a fighter aircraft, an attack aircraft, or a fixed wing trainer aircraft.
removed
The term “Secretary concerned” means—
removed
the Secretary of the Navy, with respect to covered aircraft of Navy; and
removed
the Secretary of the Air Force, with respect to covered aircraft of the Air Force.
Sec. 154 Armored commercial passenger-carrying vehicles
removed
removed
Implementation of GAO recommendations— In accordance with the recommendations of the Government Accountability Office in the report titled “Armored Commercial Vehicles: DOD Has Procurement Guidance, but Army Could Take Actions to Enhance Inspections and Oversight” (GAO-17-513), not later than 180 days after the date of the enactment of this Act, the Secretary of Army shall—
removed
ensure that in-progress inspections are conducted at the armoring vendor’s facility for each procurement of an armored commercial passenger-carrying vehicles until the date on which the Secretary of Defense approves and implements an updated armoring and inspection standard for such vehicles; and
removed
designate a central point of contact for collecting and reporting information on armored commercial passenger-carrying vehicles (such as information on contracts execution and vehicle inspections).
removed
Briefing required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing Department of Defense Instruction O–2000.16 Volume 1, dated November 2016, with respect to armored commercial passenger-carrying vehicles, including—
removed
whether criteria for the procurement of such vehicles have been established and distributed to the relevant components of the Department; and
removed
whether a process is in place for ensuring that the relevant components of the Department incorporate those criteria into contracts for such vehicles.
Sec. 155 Quarterly updates on the F–35 Joint Strike Fighter program
removed
removed
In general— Beginning not later than October 1, 2018, and on a quarterly basis thereafter through October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the congressional defense committees a briefing on the progress of the F–35 Joint Strike Fighter program.
removed
Elements— Each briefing under subsection (a) shall include, with respect to the F–35 Joint Strike Fighter program, the following elements:
removed
An overview of the program schedule.
removed
A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.
removed
An assessment of the status of the program with respect to—
removed
modernization;
removed
modification;
removed
testing;
removed
delivery;
removed
sustainment;
removed
program management; and
removed
efforts to ensure that excessive sustainment costs do not threaten the ability of the Department of Defense to purchase the required number of aircraft.
Sec. 201 Authorization of appropriations
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.7201.
Sec. 211 Modification of authority to carry out certain prototype projects
changed
Section 2371b 2371b(f) of title 10, United States Code, is amended—amended by adding at the end the following new paragraphs:
added “(4) Contracts or transactions entered into pursuant to this subsection that are expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) may be awarded only upon written determination by the senior procurement executive for the agency as designated for the purpose of section 1702(c) of title 41, or, by the senior procurement executive for the Defense Advanced Research Projects Agency that award of the contract or transaction is essential to meet critical national security interests.
added “(5) Contracts and transactions entered into pursuant to this subsection that are expected to cost the Department of Defense in excess of $500,000,000 (including all options) may be awarded only if—
added “(A) the Under Secretary of Defense for Acquisition and Sustainment determines in writing that award of the contract or transaction is essential to meet critical national security objectives; and
added “(B) the congressional defense committees are notified in writing not later than 30 days before award of the contract or transaction.”
removed
in subsection (a)(2)—
removed
in subparagraph (A), in the matter before clause (i), by striking “(for a prototype project)” and inserting “for a prototype project, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),”;
removed
in subparagraph (B)—
removed
in the matter before clause (i), by striking “(for a prototype project)” and inserting “for a prototype project, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),”; and
removed
in clause (i), in the matter before subclause (I), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering or the Under Secretary of Defense for Acquisition and Sustainment”;
removed
in paragraph (3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretaries of Defense”;
removed
in subsection (b)(2), by inserting “the prototype” after “carry out”; and
removed
in subsection (f)—
removed
by redesignating paragraph (3) as paragraph (5); and
removed
by inserting after paragraph (2) the following new paragraphs:
removed
“(3) A follow-on production contract or transaction may be awarded, pursuant to this subsection, when the Department determines that an individual prototype or prototype subproject as part of a consortium is successfully completed by the participants.
removed
“(4) Award of a follow-on production contract or transaction pursuant to the terms under this subsection is not contingent upon the successful completion of all activities within a consortium as a condition for an award for follow-on production of a successfully completed prototype or prototype subproject within that consortium.”
Sec. 213 Prohibition on availability of funds for the Weather Common Component program
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for weather service (PE 0305111F, Project 672738) for product development, test and evaluation, and management services associated with the Weather Common Component program may be obligated or expended.
Report required—
changed
In general— The Secretary of the Air Force force shall submit to the congressional defense committees a report on technologies and capabilities that—
provide real-time or near real-time meteorological situational awareness data through the use of sensors installed on manned and unmanned aircraft; and
were developed primarily using funds of the Department of Defense.
Elements— The report under paragraph (1) shall include—
a description of all technologies and capabilities described in paragraph (1) that exist as of the date on which the report is submitted;
a description of any testing activities that have been completed for such technologies and capabilities, and the results of those testing activities;
the total amount of funds used by the Department of Defense for the development of such technologies and capabilities;
a list of capability gaps or shortfalls in any major commands of the Air Force relating to the gathering, processing, exploitation, and dissemination of real-time or near real-time meteorological situational awareness data for unmanned systems;
an explanation of how such gaps or shortfalls may be remedied to supplement the weather forecasting capabilities of the Air Force and to enhance the efficiency or effectiveness of combat air power; and
a plan for fielding existing technologies and capabilities to mitigate such gaps or shortfalls.
Sec. 214 Limitation pending certification on the Joint Surveillance Target Attack Radar System recapitalization program
changed
Limitation— Except as provided in subsection (b), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the F–35 continuous capability development and delivery program, not more than 75 percent may be obligated or expended until Until a period of 15 days has elapsed following the date on which the Secretary of Defense the Air Force submits to the congressional defense committees a detailed cost estimate and baseline schedule for the program, which shall include any information required for a major defense acquisition program under section 2435 of title 10, United States Code.certification described in subsection (b)—
added
of the total amount of funds authorized to be appropriated by this Act or otherwise made available for the Air Force for fiscal year 2019 for the covered programs not more than 50 percent may be obligated or expended for the programs; and
added
the Secretary of the Air Force may not divest more than one legacy E–8 Joint Surveillance Target Attack Radar System aircraft.
changed
Exception—Certification— The limitation certification described in this subsection (a) does not apply to any funds authorized to be appropriated or otherwise made available for is a written statement of the development Secretary of the F–35 dual capable aircraft capability.Air Force certifying that—
added
the Secretary has awarded one or more contracts under the Joint Surveillance Target Attack Radar System recapitalization program for—
added
engineering, manufacturing, and development;
added
low-rate initial production;
added
production; and
added
initial contractor support; and
added
the program is proceeding in accordance with the plans for the program set forth in the budget request of the President submitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2018.
added
GAO Report and briefing—
added
Report required— Not later than March 1, 2020, the Comptroller General of the United States shall submit to the congressional defense committees a report on Increment 1, Increment 2, and Increment 3 of the 21st Century Advanced Battle-Management System of Systems capability of the Air Force. The report shall include a review of—
added
the technologies that compose the capability and the level of maturation of such technologies;
added
the resources budgeted for the capability;
added
the fielding plan for the capability;
added
any risk assessments associated with the capability; and
added
the overall acquisition strategy for the capability.
added
Interim Briefing— Not later than March 1, 2019, the Comptroller General of the United States shall provide to the Committee on Armed Services of the House of Representatives a briefing on the topics to be covered by the report under paragraph (1), including any preliminary data and any issues or concerns of the Comptroller General relating to the report.
added
Air Force Report— Not later than February 5, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the legacy fleet of E–8C Joint Surveillance Target Attack Radar System aircraft that includes—
added
the modernization and sustainment strategy, and associated costs, for the airframe and mission systems that will be used to maintain the legacy fleet of such aircraft until the Joint Surveillance Target Attack Radar System recapitalization program achieves initial operational capability; and
added
a plan that describes how the Secretary will—
added
continue to provide combatant commanders with the current level of E–8C force support;
added
accelerate the Joint Surveillance Target Attack Radar System recapitalization program to significantly decrease the time needed to achieve initial operational capability without adversely affecting currently programmed E–8C manpower levels; and
added
maintain acceptable levels of risk while carrying out the activities described in subparagraphs (A) and (B).
added
Program office personnel— Using funds authorized to be appropriated by this Act or otherwise made available for the Air Force for fiscal year 2019 for the Joint Surveillance Target Attack Radar System recapitalization program, the Secretary of the Air Force may obligate and expend funds necessary for civilian pay expenses required to manage, execute, and deliver the Joint Surveillance Target Attack Radar System recapitalization weapon system capability.
added
Covered program defined— In this section, the term “covered program” means any program comprising Increment 1, Increment 2, or Increment 3, of the 21st Century Advanced Battle-Management System of Systems capability of the Air Force, except the term does not include any activities under the legacy E–8C program or the Joint Surveillance Target Attack Radar System recapitalization program of the Air Force.
Sec. 215 Limitation on availability of funds for F–35 continuous capability development and delivery
changed
Limitation— Of the of funds described Except as provided in subsection (d), (b), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the F–35 continuous capability development and delivery program, not more than 80 75 percent may be obligated or expended until a period of 30 15 days has elapsed following the date on which the Secretary of the Air Force Defense submits to the report congressional defense committees a detailed cost estimate and baseline schedule for the program, which shall include any information required for a major defense acquisition program under subsection (b).section 2435 of title 10, United States Code.
changed
Report—Exception— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force, The limitation in consultation with the Director of Defense Pricing/Defense Procurement and Acquisition Policy and the Director of the Defense Digital Service, shall submit subsection (a) does not apply to any funds authorized to be appropriated or otherwise made available for the congressional defense committees a report that includes a description of each development of the following:F–35 dual capable aircraft capability.
removed
How cost estimates in support of modernization and upgrade activities for Air and Space Operations Centers are being conducted and using what methods.
removed
The contracting strategy and types of contracts being used to execute Agile Software Development and Software Operations (referred to in this section as “Agile DevOps”) activities.
removed
How intellectual property ownership issues associated with software applications developed with Agile DevOps processes will be addressed to ensure future sustainment, maintenance, and upgrades to software applications after the applications are fielded.
removed
A description of the tools and software applications that have been developed for the Air and Space Operations Centers and the costs and cost categories associated with each.
removed
Challenges the Air Force has faced in executing acquisition activities modernizing the Air and Space Operations Centers and how the Air Force plans to address the challenges identified.
removed
The Secretary's strategy for ensuring that software applications developed for Air Operations Centers are transportable and translatable among all the Centers to avoid any duplication of efforts.
removed
Review— Before submitting the report under subsection (b), the Secretary of the Air Force shall ensure that the report is reviewed and approved by the Director of Defense Pricing/Defense Procurement and Acquisition Policy.
removed
Funds described— The funds described in this subsection are the following:
removed
Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for Air and Space Operations Centers (PE 0207410F, Project 674596).
removed
Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for other procurement, Air Force, for Air and Space Operations Centers.
Sec. 216 Limitation on availability of funds pending report on Agile Software Development and Software Operations
changed
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for High Energy Laser Advanced Technology (PE 0603924D8Z), funds described in subsection (d), not more than 50 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a roadmap and detailed assessment of the high energy laser programs of the Department of Defense, which shall include plans for coordination across Air Force submits the Department and transition to programs of record.report required under subsection (b).
changed
Rule of construction—Report— The limitation in Subject to subsection (a) (c), the Secretary of the Air Force shall not be construed to apply submit to any other high energy laser program of the Department congressional defense committees a report that includes a description of Defense other than each of the program element specified in such subsection.following:
added
The specific cost-estimating tools and methodologies used to formulate Air Force budgets for software application development using Agile Software Development and Software Operations (referred to in this section as “Agile DevOps”) in support of modernization and upgrade activities for Air Operations Centers.
added
The types of contracts used to execute Agile DevOps activities and the rationale for using each type of contract.
added
How intellectual property ownership issues associated with software applications developed with Agile DevOps processes will be addressed to ensure future sustainment, maintenance, and upgrades to software applications after the applications are fielded.
added
The Secretary’s strategy for ensuring that software applications developed for Air Operations Centers are transportable and translatable among all the Centers to avoid any duplication of efforts.
added
Any tools and software applications that have been developed for the Air Operations Centers and the costs and cost categories associated with developing each such tool and software application.
added
Review— Before submitting the report under subsection (b), the Secretary of the Air Force shall ensure that the report is reviewed and approved by the Director of Defense Pricing and the Defense Procurement and Acquisition Policy.
added
Funds described— The funds described in this subsection are the following:
added
Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for Air and Space Operations Centers (PE 0207410F, Project 674596).
added
Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for other procurement, Air Force, for Air and Space Operations Centers.
Sec. 217 Limitation on availability of funds for certain high energy laser advanced technology
changed
Plan required—Limitation— Not later than March 1, 2019, Of the Secretary funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense, acting through Defense for High Energy Laser Advanced Technology (PE 0603924D8Z), not more than 50 percent may be obligated or expended until the Under date on which the Secretary of Defense for Research and Engineering, shall submit submits to the congressional defense committees a plan—committees—
changed
to eliminate a logical roadmap and detailed assessment of the Strategic Capabilities Office high energy laser programs of the Department of Defense by not later than October 1, 2020;Defense; and
changed
to transfer the functions of a justification for the Strategic Capabilities Office to another organization or element $33,533,000 of increased funding for high energy laser programs authorized in the Department by not later than October 1, 2020; orNational Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
removed
to retain the Strategic Capabilities Office.
changed
Elements—Rule of construction— The plan required under limitation in subsection (a) shall include not be construed to apply to any other high energy laser program of the following:Department of Defense other than the program element specified in such subsection.
removed
A timeline for the potential elimination, transfer, or retention of some or all of the activities, functions, programs, plans, and resources of the Strategic Capabilities Office.
removed
A strategy for mitigating risk to the programs of the Strategic Capabilities Office.
removed
A strategy for implementing the lessons learned and best practices of the Strategic Capabilities Office across the organizations and elements of the Department of Defense to promote enterprise-wide innovation.
removed
An assessment of the transition outcomes, research portfolio, and mission accomplishment in the key functions of the Strategic Capabilities Office described in subsection (c).
removed
An assessment of the relationship of the Strategic Capabilities Office with—
removed
the acquisition and rapid capabilities programs of the military departments;
removed
Department laboratories;
removed
the Defense Advanced Research Projects Agency; and
removed
other research and development activities.
removed
Assessment of management and bureaucratic challenges to the effective and efficient execution of the Strategic Capabilities Office missions, especially with respect to contracting and personnel management.
removed
Key functions described— The key functions described in this subsection are the following:
removed
Repurposing existing Government and commercial systems for new technological advantage.
removed
Developing novel concepts of operation that are lower cost, more effective, and more responsive to changing threats than traditional concepts of operation.
removed
Developing joint systems and concepts of operations to meet emerging threats and military requirements based on partnerships with the military departments and combatant commanders.
removed
Developing prototypes and new concepts of operations that can inform the development of requirements and the establishment of acquisition programs.
removed
Form of plan— The plan required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 218 Plan for elimination or transfer of the Strategic Capabilities Office of the Department of Defense
added
Plan required— Not later than March 1, 2019, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a plan—
removed
Annual strategy—
removed
In general— Not later than February 4, 2019, the Secretary of Defense shall develop a strategy—
removed
to articulate the science and technology priorities, goals, and investments of the Department of Defense; and
removed
to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition.
changed
Elements— The strategy required to eliminate the Strategic Capabilities Office of the Department of Defense by paragraph (1) shall—not later than October 1, 2020; or
removed
be aligned with the National Defense Strategy and Governmentwide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;
removed
link the priorities, goals, and outcomes in paragraph (1)(A) with needed critical enablers to specific programs, or broader portfolios, including—
removed
personnel and workforce capabilities;
removed
facilities for research and test infrastructure;
removed
relationships with academia, the acquisition community, the operational community, and the commercial sector; and
removed
funding, investments, personnel, facilities, and relationships with departments, agencies, or other Federal entities outside the Department of Defense without which defense capabilities would be severely degraded;
removed
evaluate the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; and
removed
include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy.
changed
Annual updates— Not less frequently than once each year, to transfer the Secretary shall revise and update functions of the strategy required Strategic Capabilities Office to another organization or element of the Department by paragraph (1).not later than October 1, 2020.
added
Elements— The plan required under subsection (a) shall include the following:
removed
Annual reports—
removed
Not later than February 4, 2019, and not less frequently than once each year thereafter through December 31, 2021, the Secretary shall submit to the congressional defense committees the strategy required by paragraph (1), as may be revised and updated in accordance with paragraph (3).
removed
The reports submitted pursuant to subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
removed
Briefing— Not later than 14 days after the date on which the strategy under paragraph (1) is completed, the Secretary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the implementation of the strategy.
removed
Designation— The strategy developed under paragraph (1) shall be known as the “National Defense Science and Technology Strategy”.
removed
Assessment and recommendations—
removed
In general— Not later than February 4, 2019, the Secretary shall submit to the congressional defense committees a report with an assessment and recommendations on the future of major elements of the defense research and engineering enterprise, evaluating warfighting contributions, portfolio management and coordination, workforce management including special hiring authorities, facilities and test infrastructure, relationships with private sector and interagency partners, and governance, including a comparison with the enterprises of other countries and the private sector.
changed
Major elements of the defense research and engineering enterprise— The major elements A timeline for the potential elimination or transfer of the defense research activities, functions, programs, plans, and engineering enterprise referred to in paragraph (1) include resources of the following:Strategic Capabilities Office.
removed
The science and technology elements of the military departments.
removed
The Department of Defense laboratories.
removed
The test ranges and facilities of the Department.
removed
The Defense Advanced Research Projects Agency (DARPA).
removed
The Defense Innovation Unit Experimental (DIU(x)).
removed
The Strategic Capabilities Office of the Department.
removed
The Small Business Innovation Research program of the Department.
removed
The Small Business Technology Transfer program of the Department.
removed
Such other elements, offices, programs, and activities of the Department as the Secretary considers appropriate for purposes of the this section.
changed
Consultation and comments— In making recommendations under paragraph (1), the Secretary shall consult with and seek comments from groups and entities relevant A strategy for mitigating risk to the recommendations, such as the military departments, the combatant commands, the federally funded research and development centers (FFRDCs), commercial partners programs of the Department (including small business concerns), or any advisory committee established by the Department that Strategic Capabilities Office while the Secretary determines elimination or transfer is appropriate based on the duties of the advisory committee and the expertise of its members.carried out.
changed
Form of submission— The report submitted pursuant A strategy for implementing the lessons learned and best practices of the Strategic Capabilities Office across the organizations and elements of the Department of Defense to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.promote enterprise-wide innovation.
added
Form of plan— The plan required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 219 National Security Science And Technology Strategy
added
Strategy— Not later than February 4, 2019, the Secretary of Defense shall develop and implement a strategy (to be known as the “National Security Science and Technology Strategy”) to prioritize the science and technology efforts and investments of the Department of Defense.
removed
The Secretary of the Navy shall—
changed
Elements— modify the compartments and infrastructure of the aircraft carrier designated CVN–73 to support the fielding of the MQ–25 unmanned aerial vehicle before the date on which the refueling and complex overhaul of the aircraft carrier is completed; andThe strategy under subsection (a) shall—
added
include specific goals for the science and technology programs of the Department of Defense in which personnel and resources of the Department are invested;
added
be aligned with the National Defense Strategy and Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;
added
align the acquisition priorities, programs, and timelines of the Department with the acquisition priorities, programs, and timelines of defense enterprise laboratories and services;
added
contain an assessment of high priority emerging technology programs of the Department, including programs relating to hypersonics, directed energy, synthetic biology, and artificial intelligence;
added
identify high priority research and engineering requirements and gaps;
added
include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; and
added
contain such other information as the Secretary of Defense determines to be appropriate.
added
Annual submission—
added
In general— Not later than February 4, 2019, and annually thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees the most recent version of the strategy developed under subsection (a).
added
Form of submission— Each strategy submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Briefing— Not later than 14 days after the date on which the initial strategy under subsection (a) is completed, the Under Secretary of Defense for Research and Engineering shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of the strategy.
removed
ensure such modification is sufficient to complete the full installation of MQ–25 in no more than a single maintenance period after such overhaul.
Sec. 220 Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle
added The Secretary of the Navy shall ensure that the aircraft carrier designated CVN–73 is modified to support the fielding of the MQ–25 unmanned aerial vehicle before the date on which the refueling and complex overhaul of the aircraft carrier is completed.
removed
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Defense Technical Information Center, establish an innovators information repository within the Department of Defense in accordance with this section.
removed
Maintenance of information repository— The Under Secretary of Defense for Research and Engineering shall maintain the information repository and ensure that it is periodically updated.
removed
Elements of information repository— The information repository established under subsection (a) shall—
removed
be coordinated across the Department of Defense enterprise to focus on small business innovators that are small, independent United States businesses, including those participating in the Small Business Innovation Research program or the Small Business Technology Transfer program;
removed
include appropriate information about each participant, including a description of—
removed
the need or requirement applicable to the participant;
removed
the participant’s technology with appropriate technical detail and appropriate protections of proprietary information or data;
removed
any prior business of the participant with the Department; and
removed
whether the participant’s technology was incorporated into a program of record; and
removed
incorporate the appropriate classification due to compilation of information.
removed
Use of information repository— After the information repository is established under subsection (a), the Secretary shall encourage use of the information repository by Department organizations involved in technology development and protection, including program offices, before initiating a Request for Information or a Request for Proposal to determine whether an organic technology exists or is being developed currently by a an entity supported by the Department (which may include a company, academic consortium, or other entity).
Sec. 220A Establishment of innovators database in the Department of Defense
added
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish an innovators database within the Department of Defense in accordance with this section.
added
Maintenance of database— The Under Secretary of Defense for Research and Engineering shall maintain the database and ensure that it is periodically updated.
added
Elements of database— The database established under subsection (a) shall—
added
be coordinated across the Department of Defense enterprise to focus on small business innovators that receive funds under the Small Business Innovation Research program or the Small Business Technology Transfer program; and
added
include appropriate information about each participant, including a description of—
added
the need or requirement applicable to the participant;
added
the participant’s technology with appropriate technical detail and appropriate protections of proprietary information or data;
added
any prior business of the participant with the Department; and
added
whether the participant’s technology was incorporated into a program of record.
added
Use of database— After the database is established under subsection (a), the Secretary of Defense shall encourage program offices across the Department of Defense to consult the database before initiating a Request for Information or a Request for Proposal to determine whether an organic technology exists or is being developed currently by a an entity supported by the Department (which may include a company, academic consortium, or other entity).
Sec. 220B Strategic plan for Department of Defense test and evaluation resources
addedadded Section 196(d) of title 10, United States Code, is amended—
added
by amending paragraph (1) to read as follows: “(1) Not less often than once every two fiscal years, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Defense Intelligence Agency, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the future needs of the Department of Defense with respect to test and evaluation facilities and resources. Each strategic plan shall cover the period of thirty fiscal years beginning with the fiscal year in which the plan is submitted under paragraph (3). The strategic plan shall be based on a comprehensive review of both funded and unfunded test and evaluation requirements of the Department, future threats to national security, and the adequacy of the test and evaluation facilities and resources of the Department to meet those future requirements and threats.”; and
added
in paragraph (2)(C), by striking “needed to meet such requirements” and inserting “needed to meet current and future requirements based on current and emerging threats, including, at minimum, missile defense, cyberspace operations, direct energy, and hypersonics,”.
Sec. 220C Collaboration between Defense laboratories, industry, and academia; open campus program
added
added
Collaboration— The Secretary of Defense may carry out activities to prioritize innovative collaboration between Department of Defense laboratories, industry, and academia.
added
Open campus program— In carrying out subsection (a), the Secretary of Defense, acting through the Commander of the Air Force Research Laboratory, may develop and implement an open campus program for the Laboratory which shall be modeled after the open campus program of the Army Research Laboratory.
Sec. 220D Entrepreneurial education program for personnel of Department of Defense laboratories
addedadded In order to promote a strong, lasting foundation for the national innovation ecosystem and increase the positive economic and social impact of federally funded research, the Secretary of Defense may—
added
carry out a program (commonly known as an “I-Corps program”) under which entrepreneurship and commercialization education, training, and mentoring is provided to personnel of Department of Defense laboratories; and
added
determine eligibility requirements for the program.
Sec. 220E Process for coordination of studies and analysis research of the Department of Defense
addedadded The Secretary of Defense shall implement a Department of Defense-wide process under which the heads of the military departments and Defense Agencies responsible for managing requests for studies and analysis research are required to coordinate annual research requests and ongoing research efforts to minimize duplication and reduce costs.
Sec. 220F Jet noise reduction program of the Navy
added
added
In general— The Secretary of the Navy, acting through the Director of the Office of Naval Research, may carry out a jet noise reduction program to study the physics of, and reduce, jet noise produced by high-performance military aircraft.
added
Elements— In carrying out the program under subsection (a), the Secretary may—
added
identify material and non-material solutions to reduce jet noise;
added
develop and transition such solutions to the fleet;
added
communicate relevant discoveries to the civilian aviation community; and
added
support the development of theoretical noise models, computational prediction tools, noise control strategies, diagnostic tools, and enhanced source localization.
Sec. 220G Permanent extension and codification of authority to conduct technology protection features activities during research and development of defense systems
added
added
In general— Chapter 139 of title 10, United States Code, is amended by inserting before section 2358 the following new section:
added “2357. Technology protection features activities
added “(a) Activities—The Secretary of Defense may carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.
added “(b) Cost-sharing—Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
added “(c) Definitions—In this section:
added “(1) The term “designated system” means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.
added “(2) The term “technology protection features” means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.”
added
Clerical amendment— The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by inserting before the item relating to section 2358 the following new item:
added
Conforming repeal— Section 243 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is repealed.
Sec. 220H STEM jobs action plan
added
added
Findings— Congress finds the following:
added
Jobs in science, technology, engineering, and math in addition to maintenance and manufacturing (collectively referred to in this section as “STEM”) make up a significant portion of the workforce of the Department of Defense.
added
These jobs exist within the organic industrial base, research, development, and engineering centers, life-cycle management commands, and logistics centers of the Department.
added
Vital to the continued support of the mission of all of the military services, the Department needs to maintain its STEM workforce.
added
It is known that the demographics of personnel of the Department indicate that many of the STEM personnel of the Department will be eligible to retire in the next few years.
added
Decisive action is needed to replace STEM personnel as they retire to ensure that the military does not further suffer a skill and knowledge gap and thus a serious readiness gap.
added
Assessments and plan of action— The Secretary of Defense, in conjunction with the Secretary of each military department, shall—
added
perform an assessment of the STEM workforce for organizations within the Department of Defense, including the numbers and types of positions and the expectations for losses due to retirements and voluntary departures;
added
identify the types and quantities of STEM jobs needed to support future mission work;
added
determine the shortfall between lost STEM personnel and future requirements;
added
analyze and explain the appropriateness and impact of using reimbursable and working capital fund dollars for new STEM hires;
added
identify a plan of action to address the STEM jobs gap, including hiring strategies and timelines for replacement of STEM employees; and
added
deliver to Congress, not later than December 31, 2019, a report specifying such plan of action.
Sec. 221 Report on survivability of air defense artillery
added
Report required— Not later than March 1, 2019, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Army to improve the survivability of air defense artillery, with a particular focus on the efforts of the Army to improve passive and active nonkinetic capabilities and training with respect to such artillery.
removed
Section 196(d) of title 10, United States Code, is amended—
changed
Elements— by amending paragraph (1) to read as follows: “(1) Not less often than once every two fiscal years, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Department of Defense Test Resources Management Center, the Director of Operational Test and Evaluation, the Director of the Defense Intelligence Agency, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the future needs of the Department of Defense with respect to test and evaluation facilities and resources. Each strategic plan shall cover the period of thirty fiscal years beginning with the fiscal year in which the plan is submitted under paragraph (3). The strategic plan report required under subsection (a) shall be based on a comprehensive review of both funded and unfunded test and evaluation requirements of the Department, future threats to national security, and the adequacy of the test and evaluation facilities and resources of include the Department to meet those future requirements and threats.”; andfollowing:
added
An analysis of the utility of relevant passive and active non-kinetic integrated air and missile defense capabilities, including tactical mobility, new passive and active sensors, signature reduction, concealment, and deception systems, and electronic warfare and high-powered radio frequency systems.
added
An analysis of the utility of relevant active kinetic capabilities, such as a new, long-range counter-maneuvering threat missile and additional indirect fire protection capability units to defend Patriot and Terminal High Altitude Area Defense batteries.
changed
Form of report— The report required under subsection (a) shall be submitted in paragraph (2)(C), by striking “needed to meet such requirements” and inserting “needed to meet current and future requirements based on current and emerging threats”.unclassified form, but may contain a classified annex.
Sec. 222 Report on T–45 aircraft physiological episode mitigation actions
changed
Collaboration—Report required— The Not later than March 1, 2019, the Secretary of Defense may carry out activities the Navy shall submit to prioritize innovative collaboration between Department of Defense science and technology reinvention laboratories, industry, the congressional defense committees a report on modifications made to T–45 aircraft and academia.associated ground equipment to mitigate the risk of physiological episodes among T–45 aircraft crewmembers.
changed
Open campus program—Elements— In carrying out The report required under subsection (a), the Secretary, acting through the Commander of the Air Force Research Laboratory, the Commander of the Army Research, Development and Engineering Command, and the Chief of Naval Research, or such other officials of the Department as the Secretary considers appropriate, may develop and implement an open campus program for the Department science and technology reinvention laboratories which (a) shall be modeled after the open campus program of the Army Research Laboratory.include—
added
a list of all modifications to the T–45 aircraft and associated ground equipment carried out during fiscal years 2017 through 2019 to mitigate the risk of physiological episodes among T–45 crewmembers;
added
the results achieved by such modifications as determined by relevant testing and operational activities;
added
the cost of such modifications; and
added
any plans of the Navy for future modifications.
Sec. 223 Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers
changed
In general—Report required— Chapter 139 Not later than March 1, 2019, the Secretary of title 10, United States Code, is amended by inserting before section 2358 the following new section:Air Force shall submit to the congressional defense committees a report on all efforts of the Air Force to reduce the occurrence of, and mitigate the risk posed by, physiological episodes affecting crewmembers of covered aircraft.
removed
“2357. Technology protection features activities
removed
“(a) Activities—The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.
removed
“(b) Cost-sharing—Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
removed
“(c) Definitions—In this section:
removed
“(1) The term designated system means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.
removed
“(2) The term technology protection features means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.”
changed
Clerical amendment—Elements— The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by inserting before the item relating to section 2358 the following new item:report required under subsection (a) shall include—
added
information on the rate of physiological episodes affecting crewmembers of covered aircraft;
added
a description of the specific actions carried out by the Air Force to address such episodes, including a description of any upgrades or other modifications made to covered aircraft to address such episodes;
added
schedules and cost estimates for any upgrades or modifications identified under paragraph (3); and
added
an explanation of any organizational or other changes to the Air Force carried out to address such physiological episodes.
changed
Conforming repeal—Covered aircraft defined— Section 243 of In this section, the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is repealed.term “covered aircraft” means—
added
F–35A aircraft of the Air Force;
added
T–6A aircraft of the Air Force; and
added
any other aircraft of the Air Force as determined by the Secretary of the Air Force.
Sec. 224 Briefing on use of quantum sciences for military applications and other purposes
added
Briefing required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the strategy of the Secretary for using quantum sciences for military applications and other purposes.
added
Elements— The briefing under subsection (a) shall include—
removed
Codification—
removed
In general— Chapter 139 of title 10, United States Code, is amended by inserting after section 2359 the following new section:
removed
“2359a. Defense Research and Development Rapid Innovation Program
removed
“(a) Program established
removed
“(1) The Secretary of Defense shall establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, technologies developed by the defense laboratories, and other innovative technologies (including dual use technologies).
removed
“(2) The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs.
removed
“(b) Guidelines—The Secretary shall issue guidelines for the operation of the program. At a minimum such guidance shall provide for the following:
removed
“(1) The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of defense acquisition programs as described in subsection (a).
removed
“(2) The review of candidate proposals by the Department of Defense and by each military department and the merit-based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program.
removed
“(3) The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $3,000,000, unless the Secretary, or the Secretary's designee, approves a larger amount of funding for the project.
removed
“(4) No project shall receive more than a total of two years of funding under the program from funding provided under subsection (d), unless the Secretary, or the Secretary's designee, approves funding for any additional year.
removed
“(5) Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 2302e of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program.
removed
“(6) Projects are selected using merit-based selection procedures and the selection of projects is not subject to undue influence by Congress or other Federal agencies.
removed
“(c) Treatment pursuant to certain congressional rules—Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5.
removed
“(d) Funding—Subject to the availability of appropriations for such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for a fiscal year may be used for such fiscal year for the program established under subsection (a).
removed
“(e) Transfer authority
removed
“(1) The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program.
removed
“(2) The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.”
removed
Clerical amendment— The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2359 the following new item:
removed
Conforming amendments—
removed
Repeal of old provision— Section 1073 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 note) is hereby repealed.
changed
Repeal of old table of contents item— The table a description of contents in section 2(b) the knowledge-base of such Act is amended by striking the item relating Department of Defense with respect to section 1073.quantum sciences, plans to defend against quantum based attacks, and any plans of the Secretary of Defense to enhance such knowledge-base;
added
a plan that describes how the Secretary intends to use quantum sciences for military applications and to meet other needs of the Department; and
added
an assessment of the efforts of foreign powers to use quantum sciences for military applications and other purposes.
added
Form of briefing— The briefing under subsection (a) may be provided in classified or unclassified form.
Sec. 225 Report on Defense Innovation Unit Experimental
added Not later than May 1, 2019, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on Defense Innovation Unit Experimental (in this section referred to as the “Unit”). Such a report shall include the following:
removed
Requirement to establish procedures— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall prescribe procedures for the designation and development of technologies that are—
removed
urgently needed—
removed
to react to a technological development of an adversary of the United States; or
removed
to respond to a significant and urgent emerging technology; and
removed
not receiving appropriate research funding or attention from the Department of Defense.
changed
Elements— The procedures prescribed under subsection (a) shall include integration of the following:Unit into the broader Department of Defense research and engineering community to coordinate and de-conflict activities of the Unit with similar activities of the military departments, Defense Agencies, Department of Defense laboratories, the Defense Advanced Research Project Agency, and other entities.
removed
A process for streamlined communications between the Under Secretary, the Joint Chiefs of Staff, the commanders of the combatant commands, the science and technology executives within each military department, and the science and technology community, including—
removed
a process for the commanders of the combatant commands and the Joint Chiefs of Staff to communicate their needs to the science and technology community; and
removed
a process for the science and technology community to propose technologies that meet the needs communicated by the combatant commands and the Joint Chiefs of Staff.
removed
Procedures for the development of technologies proposed pursuant to paragraph (1)(B), including—
removed
a process for demonstrating performance of the proposed technologies on a short timeline;
removed
a process for developing a development strategy for a technology, including integration into future budget years; and
removed
a process for making investment determinations based on information obtained pursuant to subparagraphs (A) and (B).
changed
Briefing— Not later than 180 days after the date of The metrics used to measure the enactment effectiveness of this Act, the Under Secretary shall provide to the congressional defense committees a briefing on Unit and the procedures required by subsection (a).results of these metrics.
added
The number and types of transitions by the Unit to the military departments or fielded to the warfighter.
added
The use of other transaction authority by the Unit to include the process, procedures, documentation, and oversight of awards made using such authority.
added
The impact of the Unit’s initiatives, outreach, and investments on Department of Defense access to technology leaders and technology not otherwise accessible to the Department including—
added
identification of the number of non-traditional companies with Department of Defense contracts resulting directly from the Unit’s initiatives, investments, or outreach;
added
the number of innovations delivered into the hands of the warfighter; and
added
how the Department is notifying its internal components about participation in the Unit.
added
How the Department of Defense is documenting and institutionalizing lessons learned and best practices of the Unit to alleviate the systematic problems with technology access and timely contract execution.
Sec. 226 Increase in funding for divertor test tokamak research and development
changed
Activities required—Increase— During calendar year 2019, Notwithstanding the Secretary of amounts set forth in the Army shall, funding tables in consultation with division G, the Director amount authorized to be appropriated in section 7701 for Department of Operational Test Energy National Security Programs, as specified in the corresponding funding table in section 7701, for research, development, test, and Evaluation, carry out a set of activities to identify evaluation, inertial confinement fusion ignition and develop personal equipment to provide enhanced protection against injuries caused high yield, is hereby increased by blasts in combat $3,000,000 (to be used for divertor test tokamak research and training.development).
added
Offset— Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 7101 for procurement, as specified in the corresponding funding table in section 7101, for procurement of ammunition, Air Force, flares (Line 015) is hereby reduced by $3,000,000.
removed
Activities—
removed
Continuous evaluation process— For purposes of the activities required by subsection (a), the Secretary shall establish a process to continuously solicit from government, industry, academia, and other appropriate entities personal protective equipment that is ready for testing and evaluation in order to identify and evaluate equipment or clothing that is more effective in protecting members of the Armed Forces from the harmful effects of blast injuries, including traumatic brain injuries, and would be suitable for expedited procurement and fielding.
removed
Goals— The goals of the activities shall include:
removed
Development of streamlined requirements for procurement of personal protective equipment.
removed
Appropriate testing of personal protective equipment prior to procurement and fielding.
removed
Development of expedited mechanisms for deployment of effective personal protective equipment.
removed
Identification of areas of research in which increased investment has the potential to improve the quality of personal protective equipment and the capability of the industrial base to produce such equipment.
removed
Such other goals as the Secretary considers appropriate.
removed
Partnerships for certain assessments— As part of the activities, the Secretary should continue to establish partnerships with appropriate academic institutions for purposes of assessing the following:
removed
The ability of various forms of personal protective equipment to protect against common blast injuries, including traumatic brain injuries.
removed
The value of real-time data analytics to track the effectiveness of various forms of personal protective equipment to protect against common blast injuries, including traumatic brain injuries.
removed
The availability of commercial-off the-shelf personal protective technology to protect against traumatic brain injury resulting from blasts.
removed
The extent to which the equipment determined through the assessment to be most effective to protect against common blast injuries is readily modifiable for different body types and to provide lightweight material options to enhance maneuverability.
removed
Authorities— In carrying out activities under subsection (a), the Secretary may use any authority as follows:
removed
Experimental procurement authority under section 2373 of title 10, United States Code.
removed
Other transactions authority under section 2371 and 2371b of title 10, United States Code.
removed
Authority to award technology prizes under section 2374a of title 10, United States Code.
removed
Authority under the Defense Acquisition Challenge Program under section 2359b of title 10, United States Code.
removed
Any other authority on acquisition, technology transfer, and personnel management that the Secretary considers appropriate.
removed
Certain treatment of activities— Any activities under this section shall be deemed to have been through the use of competitive procedures for the purposes of section 2304 of title 10, United States Code.
removed
On-going assessment following activities— After the completion of activities under subsection (a), the Secretary shall, on an on-going basis, do the following:
removed
Evaluate the extent to which personal protective equipment identified through the activities would—
removed
enhance survivability of personnel from blasts in combat and training; and
removed
enhance prevention of brain damage, and reduction of any resultant chronic brain dysfunction, from blasts in combat and training.
removed
In the case of personal protective equipment so identified that would provide enhancements as described in paragraph (1), estimate the costs that would be incurred to procure such enhanced personal protective equipment, and develop a schedule for the procurement of such equipment.
removed
Estimate the potential health care cost savings that would occur from expanded use of personal protective equipment described in paragraph (2).
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Report— Not later than December 1, 2019, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the activities under subsection (a) as of the date of the report.
removed
Funding— Of the amount authorized to be appropriated for fiscal year 2019 by this Act for research, development, test, and evaluation, as specified in the funding tables in division D, $10,000,000 may be used to carry out this section.
Sec. 227 Briefing on innovative mobile security technology capabilities
changed
Activities required—Sense of Congress— The Secretary of Defense shall develop and provide for It is the carrying out sense of human factors modeling and simulation activities designed to do the following:Congress that—
changed
Provide warfighters and civilians with personalized assessment, education, and training tools.government-owned mobile technologies remain at risk for targeting or data breaches placing at risk information that could harm national security; and
changed
Identify and implement effective ways further, these vulnerabilities exist because current technologies do not possess the necessary security features required to interface mitigate the threats of credential theft, active surveillance from microphones and team warfighters with machines.cameras, and tracking of user movements and location.
removed
Result in the use of intelligent, adaptive augmentation to enhance decision making.
removed
Result in the development of techniques, technologies, and practices to mitigate critical stressors that impede warfighter and civilian protection, sustainment, and performance.
changed
Purpose—Briefing required— The overall purpose Not later than 90 days after the date of the activities enactment of this Act, the Secretary of Defense shall be provide to accelerate research and development that enhances capabilities for human performance, human-systems integration, the Committees on Armed Services of the Senate and training for the warfighter.House of Representatives a briefing on—
added
threats posed by credential theft, active surveillance from microphones and cameras, and tracking of user movements and location;
added
the commercial availability of technologies to mitigate these threats; and
added
strategies and feasibilities of deploying mobile security technologies within the Department.
removed
Participants in activities— Participants in the activities may include the following:
removed
Elements of the Department of Defense engaged in science and technology activities.
removed
Program Executive Offices of the Department.
removed
Academia.
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The private sector.
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Such other participants as the Secretary considers appropriate.
Sec. 228 Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program
changed
Section 217(e) 2362(d) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) title 10, United States Code, is amended—
changed
in the subsection heading, by redesignating paragraph (23) as paragraph (27); striking “Priority” and inserting “Criteria”; and
changed
by striking “give priority in providing” and inserting after paragraph (22) the following new paragraphs:“limit”.
removed
“(23) Space.
removed
“(24) Infrastructure resilience.
removed
“(25) Photonics.
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“(26) Autonomy.”
Sec. 229 Report on OA–X light attack aircraft applicability to partner nation support
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Designation—Report required— The Under Secretary of Defense for Acquisition and Sustainment and Not later than February 1, 2019, the Under Secretary of Defense for Research and Engineering shall jointly, in coordination with Secretaries of the military departments, establish at least one activity per military service Air Force shall submit to demonstrate advanced manufacturing techniques the congressional defense committees a report on the OA–X light attack aircraft experiment and capabilities at depot-level activities or military arsenal facilities of how the military departments.program incorporates partner nation requirements.
changed
Purposes—Elements— The activities established pursuant to report under subsection (a) shall—shall include a description of—
changed
how the OA–X light attack experiment will support efforts to implement advanced manufacturing techniques and capabilities;partner nations’ low-cost counter terrorism light attack capability;
changed
identify improvements the extent to sustainment methods for component parts which the attributes of affordability, interoperability, sustainability, simplicity of maintenance and other logistics needs;operations are included in the requirements for the OA–X; and
changed
identify how Federal Aviation Administration certification and implement appropriate information security protections to ensure security of advanced manufacturing;a reasonable path for military type certifications for commercial derivative aircraft are factored into foreign military sales for a partner nation.
removed
aid in the procurement of advanced manufacturing equipment and support services;
removed
enhance partnerships between the defense industrial base and Department of Defense laboratories, academic institutions, and industry; and
removed
to the degree practicable, include an educational or training component to build an advanced manufacturing workforce.
removed
Cooperative agreements and partnerships—
removed
In general— The Under Secretaries may enter into a cooperative agreement and use public-private and public-public partnerships to facilitate development of advanced manufacturing techniques in support of the defense industrial base.
removed
Requirements— A cooperative agreement entered into under paragraph (1) and a partnership used under such paragraph shall facilitate—
removed
development and implementation of advanced manufacturing techniques and capabilities;
removed
appropriate sharing of information in the adaptation of advanced manufacturing, including technical data rights;
removed
implementation of appropriate information security protections into advanced manufacturing tools and techniques; and
removed
support of necessary workforce development.
removed
Authorities— In carrying out this section, the Under Secretaries may use the following authorities:
removed
Section 2196 of title 10, United States Code, relating to the Manufacturing Engineering Education Program.
removed
Section 2368 of such title, relating to centers for science, technology, and engineering partnership.
removed
Section 2374a of such title, relating to prizes for advanced technology achievements.
removed
Section 2474 of such title, relating to centers of industrial and technical excellence.
removed
Section 2521 of such title, relating to the Manufacturing Technology Program.
removed
Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.
removed
Such other authorities as the Under Secretaries considers appropriate.
Sec. 230 Funding for development of canine plasma for hemorrhagic control
changed
Establishment—Increase— The Under Secretary of Defense for Research and Engineering shall establish activities to develop interaction between Notwithstanding the Department of Defense and amounts set forth in the commercial technology industry and academia with regard funding tables in division G, the amount authorized to emerging hardware products be appropriated in section 201 for research, development, test, and technologies with national security applications.evaluation, Defense-wide, as specified in the corresponding funding table in section 7201, for the United States Special Operations Command is hereby increased by $5,000,000 for the development of freeze-dried canine plasma for hemorrhagic control.
changed
Elements—Offset— The activities required by subsection (a) shall include Notwithstanding the following:amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 101 for procurement, Defense-wide, as specified in the corresponding funding table in section 7101, for the United States Special Operations Command is hereby reduced by $5,000,000.
removed
Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications.
removed
Funding research and technology development in hardware-intensive capabilities that private industry has not sufficiently supported to meet rapidly emerging defense and national security needs.
removed
Contributing to the development of policies, policy implementation, and actions to deter strategic acquisition of industrial and technical capabilities in the private sector by foreign entities that could potentially exclude companies from participating in the Department of Defense technology and industrial base.
removed
Identifying promising emerging technology in industry and academia for the Department of Defense for potential support or research and development cooperation.
removed
Transfer of personnel and resources—
removed
In general— Subject to paragraph (2), the Under Secretary may transfer such personnel, resources, and authorities that are under the control of the Under Secretary as the Under Secretary considers appropriate to carry out the activities established under subsection (a) from other elements of the Department under the control of the Under Secretary or upon approval of the Secretary of Defense.
removed
Certification— The Under Secretary may only make a transfer of personnel, resources, or authorities under paragraph (1) upon certification by the Under Secretary that the activities established under paragraph (a) can attract sufficient private sector investment, has personnel with sufficient technical and management expertise, and has identified relevant technologies and systems for potential investment in order to carry out the activities established under subsection (a), independent of further government funding beyond this authorization.
removed
Establishment of nonprofit entity— The Under Secretary may establish or fund a nonprofit entity to carry out the program activities under subsection (a).
removed
Plan—
removed
In general— Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a detailed plan to carry out this section.
removed
Elements— The plan required by paragraph (1) shall include the following:
removed
A description of the additional authorities needed to carry out the activities set forth in subsection (b).
removed
Plans for transfers under subsection (c), including plans for private fund-matching and investment mechanisms, oversight, treatment of rights relating to technical data developed, and relevant dates and goals of such transfers.
removed
Plans for attracting the participation of the commercial technology industry and academia and how those plans fit into the current Department of Defense research and engineering enterprise.
removed
Authorities— In carrying out this section, the Under Secretary may use the following authorities:
removed
Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), relating to a pilot program on strengthening manufacturing in the defense industrial base.
removed
Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.
removed
Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.
removed
Section 2374a of such title, relating to prizes for advanced technology achievements.
removed
Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
removed
Section 2521 of such title, relating to the Manufacturing Technology Program.
removed
Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.
removed
Chapter 47 of such title, relating to personnel research programs and demonstration projects.
removed
Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.
removed
Such other authorities as the Under Secretary considers appropriate.
removed
Notice required— Not later than 15 days before the date on which the Under Secretary first exercises the authority granted under subsection (d) and not later than 15 days before the date on which the Under Secretary first obligates or expends any amount authorized under subsection (h), the Under Secretary shall notify the congressional defense committees of such exercise, obligation, or expenditure, as the case may be.
removed
Funding— Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 201 and subject to the availability of appropriations, up to $75,000,000 may be available to carry out this section.
Sec. 231 Sense of Congress on partnerships for next generation hypersonics capabilities
changed
Section 2368 of title 10, United States Code, It is amended—the sense of Congress that the Secretary of the Air Force should consider entering into long-term partnerships with institutions of higher education, similar to the partnerships between such institutions and the Army and the Navy, to conduct research and science and engineering education for next generation hypersonics capabilities.
removed
by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
removed
by inserting after subsection (e) the following new subsection (f):
removed
“(f) Use of partnership intermediaries to promote defense research and education
removed
“(1) Subject to the approval of the Secretary or the head of the another department or agency of the Federal Government concerned, the Director of a Center may enter into a contract, memorandum of understanding or other transition with a partnership intermediary that provides for the partnership intermediary to perform services for the Department of Defense that increase the likelihood of success in the conduct of cooperative or joint activities of the Center with industry or academic institutions.
removed
“(2) In this subsection, the term partnership intermediary means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with industry or academic institutions that need or can make demonstrably productive use of technology-related assistance from a Center.”
Sec. 232 Limitation on use of funds for Surface Navy Laser Weapon System
removed
removed
Limitation— None of the funds authorized to be appropriated or otherwise made available by this Act may be used to exceed, in fiscal year 2019, a procurement quantity of one Surface Navy Laser Weapon System, also known as the High Energy Laser and Integrated Optical-dazzler with Surveillance (HELIOS), unless the Secretary of the Navy submits to the congressional defense committees a report on such system with the elements set forth in subsection (b).
removed
Elements— The elements set forth in this subsection are, with respect to the system described in subsection (a), the following:
removed
A document setting forth the requirements for the system, including desired performance characteristics.
removed
An acquisition plan that includes the following:
removed
A program schedule to accomplish design completion, technology maturation, risk reduction, and other activities, including dates of key design reviews (such as Preliminary Design Review and Critical Design Review) and program initiation decision (such as Milestone B) if applicable.
removed
A contracting strategy, including requests for proposals, the extent to which contracts will be competitively awarded, option years, option quantities, option prices, and ceiling prices.
removed
The fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired.
removed
A justification for the fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired.
removed
A test plan and schedule sufficient to achieve operational effectiveness and operational suitability determinations (such as Early Operational Capability and Initial Operational Capability) related to the requirements set forth in paragraph (1).
removed
Associated funding and item quantities, disaggregated by fiscal year and appropriation, requested in the Fiscal Year 2019 Future Years Defense Program.
removed
An estimate of the acquisition costs, including the total costs for procurement, research, development, test, and evaluation.
Sec. 233 Expansion of coordination requirement for support for national security innovation and entrepreneurial education
removed
removed
Section 225(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is amended by adding at the end the following new paragraphs:
removed
“(16) The National Security Technology Accelerator.
removed
“(17) The I-Corps Program.”
Sec. 234 Defense quantum information science and technology research and development program
removed
removed
Establishment— The Secretary of Defense shall carry out a quantum information science and technology research and development program.
removed
Purposes— The purposes of the program required by subsection (a) are as follows:
removed
To ensure global superiority of the United States in quantum information science necessary for meeting national security requirements.
removed
To coordinate all quantum information science and technology research and development within the Department of Defense and to provide for interagency cooperation and collaboration on quantum information science and technology research and development between the Department of Defense and other departments and agencies of the United States and appropriate private sector entities that are involved in quantum information science and technology research and development.
removed
To develop and manage a portfolio of fundamental and applied quantum information science and technology and engineering research initiatives that is stable, consistent, and balanced across scientific disciplines.
removed
To accelerate the transition and deployment of technologies and concepts derived from quantum information science and technology research and development into the Armed Forces, and to establish policies, procedures, and standards for measuring the success of such efforts.
removed
To collect, synthesize, and disseminate critical information on quantum information science and technology research and development.
removed
To establish and support appropriate research, innovation, and industrial base, including facilities and infrastructure, to support the needs of Department of Defense missions and systems related to quantum information science and technology.
removed
Administration— In carrying out the program required by subsection (a), the Secretary shall act through the Under Secretary of Defense for Research and Engineering, who shall supervise the planning, management, and coordination of the program. The Under Secretary, in consultation with the Secretaries of the military departments and the heads of participating Defense Agencies and other departments and agencies of the United States, shall—
removed
prescribe a set of long-term challenges and a set of specific technical goals for the program, including—
removed
optimization of analysis of national security data sets;
removed
development of defense related quantum computing algorithms;
removed
design of new materials and molecular functions;
removed
secure communications and cryptography, including development of quantum communications protocols;
removed
quantum sensing and metrology;
removed
development of mathematics relating to quantum enhancements to sensing, communications, and computing; and
removed
processing and manufacturing of low-cost, robust, and reliable quantum information science and technology-enabled devices and systems;
removed
develop a coordinated and integrated research and investment plan for meeting the near-, mid-, and long-term challenges with definitive milestones while achieving the specific technical goals that builds upon the Department’s increased investment in quantum information science and technology research and development, commercial sector and global investments, and other United States Government investments in the quantum sciences;
removed
not later than 180 days after the date of the enactment of this Act, develop and continuously update guidance, including classification and data management plans for defense-related quantum information science and technology activities, and policies for control of personnel participating on such activities to minimize the effects of loss of intellectual property in basic and applied quantum science and information considered sensitive to the leadership of the United States in the field of quantum information science and technology; and
removed
develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for meeting the long-term challenges and achieving the specific technical goals.
removed
Report—
removed
In general— Not later than December 31, 2020, the Secretary shall submit to the congressional defense committees a report on the program, in both classified and unclassified format.
removed
Elements— The report required by paragraph (1) shall include the following:
removed
A description of the knowledge-base of the Department with respect to quantum sciences, plans to defend against quantum based attacks, and any plans of the Secretary to enhance such knowledge-base.
removed
A plan that describes how the Secretary intends to use quantum sciences for military applications and to meet other needs of the Department.
removed
An assessment of the efforts of foreign powers to use quantum sciences for military applications and other purposes.
removed
A description of activities undertaken consistent with this section, including funding for activities consistent with the section.
removed
Such other matters as the Secretary considers appropriate.
Sec. 235 Joint directed energy test activities
removed
removed
Test activities— The Under Secretary of Defense for Research and Engineering shall, in the Under Secretary’s capacity as the official with principal responsibility for the development and demonstration of directed energy weapons for the Department of Defense pursuant to section 219(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note), develop, establish, and coordinate directed energy testing activities adequate to ensure the achievement by the Department of Defense of goals of the Department for developing and deploying directed energy systems to match national security needs.
removed
Elements— The activity established under subsection (a) shall include the following:
removed
The High Energy Laser System Test Facility of the Army Test and Evaluation Command.
removed
Such other test resources and activities as the Under Secretary may designate for purposes of this section.
removed
Designation— The test activities established under subsection (a) shall be considered part of the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code).
removed
Prioritization of effort— In developing and coordinating testing activities pursuant to subsection (a), the Under Secretary shall prioritize efforts consistent with the following:
removed
Paragraphs (2) through (5) of section 219(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2431 note).
removed
Enabling the standardized collection and evaluation of testing data to establish testing references and benchmarks.
removed
Concentrating sufficient personnel expertise of directed energy weapon systems in order to validate the effectiveness of new weapon systems against a variety of targets.
removed
Consolidating modern state-of-the-art testing infrastructure including telemetry, sensors, and optics to support advanced technology testing and evaluation.
removed
Formulating a joint lethality or vulnerability information repository that can be accessed by any of the military departments of Defense Agencies, similar to a Joint Munitions Effectiveness Manuals (JMEMs).
removed
Reducing duplication of directed energy weapon testing.
removed
Ensuring that an adequate workforce and adequate testing facilities are maintained to support missions of the Department of Defense.
Sec. 236 Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions
removed
removed
In general— Subsection (a)(1) of section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended by striking “and each secretary of a military department may establish one or more” and inserting “shall, acting through the secretaries of the military departments, establish not fewer than three”.
removed
Extension— Subsection (f) of such section is amended by striking “September 30, 2020” and inserting “September 30, 2022”.
Sec. 237 Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities
removed
removed
Section 219(b)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by inserting “, including high-powered microwaves,” after “energy systems and technologies”.
Sec. 238 Joint artificial intelligence research, development, and transition activities
removed
removed
Establishment—
removed
In general— The Secretary of Defense shall establish a set of activities within the Department of Defense to coordinate the efforts of the Department to develop, mature, and transition artificial intelligence technologies into operational use.
removed
Emphasis— The set of activities established under paragraph (1) shall apply artificial intelligence and machine learning solutions to operational problems and coordinate activities involving artificial intelligence and artificial intelligence enabled capabilities within the Department.
removed
Designation— Not later than one year after the date of the enactment of this Act, the Secretary shall designate a senior official of the Department with principal responsibility for the coordination of activities relating to the development and demonstration of artificial intelligence and machine learning for the Department.
removed
Duties— The duties of the official designated under subsection (b) shall include the following:
removed
Strategic plan— Developing a detailed strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use. Such plan shall include the following:
removed
A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities.
removed
The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed both inside the Department and in other organizations for military missions and business operations.
removed
Acceleration of development and fielding of artificial intelligence— To the degree practicable, the designated official shall—
removed
use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other relevant policies of the Department to accelerate the development and fielding of artificial intelligence capabilities;
removed
ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions;
removed
provide technical advice and support to entities in the Department and the military departments to optimize the use of artificial intelligence and machine learning technologies to meet Department missions;
removed
support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Department and technical feasibility;
removed
develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence;
removed
ensure that the Department has appropriate workforce and capabilities at laboratories, test ranges, and within the organic defense industrial base to support the artificial intelligence capabilities and requirements of the Department;
removed
develop classification guidance for all artificial intelligence related activities of the Department;
removed
work with appropriate officials to develop appropriate ethical, legal, and other policies for the Department governing the development and use of artificial intelligence enabled systems and technologies in operational situations; and
removed
ensure—
removed
that artificial intelligence programs of each military department and of the Defense Agencies are consistent with the priorities identified under this section; and
removed
appropriate coordination of artificial intelligence activities of the Department with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards setting bodies.
removed
Governance and oversight of artificial intelligence and machine learning policy— Regularly convening appropriate officials across the Department—
removed
to integrate the functional activities of the organizations and elements of the Department with respect to artificial intelligence and machine learning;
removed
to ensure there are efficient and effective artificial intelligence and machine learning capabilities throughout the Department; and
removed
to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Department.
removed
Access to information— The Secretary shall ensure that the official designated under subsection (b) has access to such information on programs and activities of the military departments and other Defense Agencies as the Secretary considers appropriate to carry out the coordination described in subsection (b) and the duties set forth in subsection (c).
removed
Study on artificial intelligence topics—
removed
In general— Not later than one year after the date of the enactment of this Act, the official designated under subsection (b) shall—
removed
complete a study on past and current advances in artificial intelligence and the future of the discipline, including the methods and means necessary to advance the development of the discipline, to comprehensively address the national security needs and requirements of the Department; and
removed
submit to the congressional defense committees a report on the findings of the designated official with respect to the study completed under subparagraph (A).
removed
Consultation with experts— In conducting the study required by paragraph (1)(A), the designated official shall consult with experts within the Department, other Federal agencies, academia, any advisory committee established by the Secretary that the Secretary determines appropriate based on the duties of the advisory committee and the expertise of its members, and the commercial sector, as the Secretary considers appropriate.
removed
Elements— The study required by paragraph (1)(A) shall include the following:
removed
A comprehensive and national-level review of—
removed
advances in artificial intelligence, machine learning, and associated technologies relevant to the needs of the Department and the Armed Forces; and
removed
the competitiveness of the Department in artificial intelligence, machine learning, and such technologies.
removed
Near-term actionable recommendations to the Secretary for the Department to secure and maintain technical advantage in artificial intelligence, including ways—
removed
to more effectively organize the Department for artificial intelligence;
removed
to educate, recruit, and retain leading talent; and
removed
to most effectively leverage investments in basic and advanced research and commercial progress in these technologies.
removed
Recommendations on the establishment of Departmentwide data standards and the provision of incentives for the sharing of open training data, including those relevant for research into systems that integrate artificial intelligence and machine learning with human teams.
removed
Recommendations for engagement by the Department with relevant agencies that will be involved with artificial intelligence in the future.
removed
Recommendations for legislative action relating to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively fund and organize the Department.
removed
Delineation of definition of artificial intelligence— Not later than one year after the date of the enactment of this Act, the Secretary shall delineate a definition of the term “artificial intelligence” for use within the Department.
removed
Artificial intelligence defined— In this section, the term artificial intelligence includes the following:
removed
Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
removed
An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
removed
An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
removed
A set of techniques, including machine learning, that is designed to approximate a cognitive task.
removed
An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.
Sec. 241 Report on survivability of air defense artillery
removed
removed
Report required— Not later than March 1, 2019, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Army to improve the survivability of air defense artillery, with a particular focus on the efforts of the Army to improve passive and active nonkinetic capabilities and training with respect to such artillery.
removed
Elements— The report required under subsection (a) shall include the following:
removed
An analysis of the utility of relevant passive and active non-kinetic integrated air and missile defense capabilities, including tactical mobility, new passive and active sensors, signature reduction, concealment, and deception systems, and electronic warfare and high-powered radio frequency systems.
removed
An analysis of the utility of relevant active kinetic capabilities, such as a new, long-range counter-maneuvering threat missile and additional indirect fire protection capability units to defend Patriot and Terminal High Altitude Area Defense batteries.
removed
Form of report— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 242 T–45 aircraft physiological episode mitigation actions
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removed
Section 1063(b) of the National Defense Authorization Act for Fiscal Year 2018 (131 Stat. 1576; Public Law 115–91) is amended by adding at the end the following new paragraphs:
removed
“(5) A list of all modifications to the T–45 aircraft and associated ground equipment carried out during fiscal years 2017 through 2019 to mitigate the risk of physiological episodes among T–45 crewmembers.
removed
“(6) The results achieved by the modifications listed pursuant to paragraph (5), as determined by relevant testing and operational activities.
removed
“(7) The cost of the modifications listed pursuant to paragraph (5).
removed
“(8) Any plans of the Navy for future modifications to the T–45 aircraft that are intended to mitigate the risk of physiological episodes among T–45 crewmembers.”
Sec. 243 Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers
removed
removed
Report required— Not later than March 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on all efforts of the Air Force to reduce the occurrence of, and mitigate the risk posed by, physiological episodes affecting crewmembers of covered aircraft.
removed
Elements— The report required under subsection (a) shall include—
removed
information on the rate of physiological episodes affecting crewmembers of covered aircraft;
removed
a description of the specific actions carried out by the Air Force to address such episodes, including a description of any upgrades or other modifications made to covered aircraft to address such episodes;
removed
schedules and cost estimates for any upgrades or modifications identified under paragraph (3); and
removed
an explanation of any organizational or other changes to the Air Force carried out to address such physiological episodes.
removed
Covered aircraft defined— In this section, the term “covered aircraft” means—
removed
F–35A aircraft of the Air Force;
removed
T–6A aircraft of the Air Force; and
removed
any other aircraft of the Air Force as determined by the Secretary of the Air Force.
Sec. 244 Report on Defense Innovation Unit Experimental
removed
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Not later than May 1, 2019, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on Defense Innovation Unit Experimental (in this section referred to as the “Unit”). Such a report shall include the following:
removed
The integration of the Unit into the broader Department of Defense research and engineering community to coordinate and de-conflict activities of the Unit with similar activities of the military departments, Defense Agencies, Department of Defense laboratories, the Defense Advanced Research Project Agency, the Small Business Innovation Research Program, and other entities.
removed
The metrics used to measure the effectiveness of the Unit and the results of these metrics.
removed
The number and types of transitions by the Unit to the military departments or fielded to the warfighter.
removed
The impact of the Unit’s initiatives, outreach, and investments on Department of Defense access to technology leaders and technology not otherwise accessible to the Department including—
removed
identification of—
removed
the number of non-traditional defense contractors with Department of Defense contracts or other transactions resulting directly from the Unit’s initiatives, investments, or outreach; and
removed
the number of traditional defense contractors with contracts or other transactions resulting directly from the Unit's initiatives;
removed
the number of innovations delivered into the hands of the warfighter; and
removed
how the Department is notifying its internal components about participation in the Unit.
removed
The workforce strategy of the Unit, including whether the Unit has appropriate personnel authorities to attract and retain talent with technical and business expertise.
removed
How the Department of Defense is documenting and institutionalizing lessons learned and best practices of the Unit to alleviate the systematic problems with technology access and timely contract or other transaction execution.
removed
An assessment of management and bureaucratic challenges to the effective and efficient execution of the Unit's missions, especially with respect to contracting and personnel management.
Sec. 245 Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program
removed
removed
Section 2362(d) of title 10, United States Code, is amended—
removed
in the subsection heading, by striking “Priority” and inserting “Criteria”; and
removed
by striking “give priority in providing” and inserting “limit”.
Sec. 246 Report on OA–X light attack aircraft applicability to partner nation support
removed
removed
Report required— Not later than February 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the OA–X light attack aircraft experiment and how the program incorporates partner nation requirements.
removed
Elements— The report under subsection (a) shall include a description of—
removed
how the OA–X light attack experiment will support partner nations’ low-cost counter terrorism light attack capability;
removed
the extent to which the attributes of affordability, interoperability, sustainability, and simplicity of maintenance and operations are included in the requirements for the OA–X; and
removed
how Federal Aviation Administration certification and a reasonable path for military type certifications for commercial derivative aircraft are factored into foreign military sales for a partner nation.
Sec. 247 Reports on comparative capabilities of adversaries in key technology areas
removed
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Director of the Defense Intelligence Agency, submit to the appropriate committees of Congress a set of classified reports that set forth a direct comparison between the capabilities of the United States in emerging technology areas and the capabilities of adversaries of the United States in such areas.
removed
Elements— The reports required by subsection (a) shall include, for each technology area covered, the following:
removed
An evaluation of spending by the United States and adversaries on such technology.
removed
An evaluation of the quantity and quality of research on such technology.
removed
An evaluation of the test infrastructure and workforce supporting such technology.
removed
An assessment of the technological progress of the United States and adversaries on such technology.
removed
Descriptions of timelines for operational deployment of such technology.
removed
An assessment of the intent or willingness of adversaries to use such technology.
removed
Technical areas— The Secretary shall ensure that the reports submitted under subsection (a) cover the following:
removed
Hypersonics.
removed
Artificial intelligence.
removed
Quantum information science.
removed
Directed energy weapons.
removed
Such other emerging technical areas as the Secretary considers appropriate.
removed
Coordination— The Secretary shall prepare the reports in coordination with other appropriate officials of the intelligence community and with such other partners in the technology areas covered by the reports as the Secretary considers appropriate.
removed
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
removed
the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 248 Report on active protection systems for armored combat and tactical vehicles
removed
removed
Report required— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on technologies related to active protection systems (APS) for armored combat and tactical vehicles.
removed
Contents— The report required by subsection (a) shall include the following:
removed
With respect to the active protection systems that the Army has recently tested on the M1A2 Abrams, the M2A3 Bradley, and the STRYKER, the following:
removed
An assessment of the effectiveness of such systems.
removed
Plans of the Secretary to further test such systems.
removed
Proposals for future development of such systems.
removed
A timeline for fielding such systems.
removed
Plans for how the Army will incorporate active protection systems into new armored combat and tactical vehicle designs, such as Mobile Protection Firepower (MPF), Armored Multi-Purpose Vehicle (AMPV), and Next Generation Combat Vehicle (NGCV).
Sec. 249 Next Generation Combat Vehicle
removed
removed
Prototype— The Secretary of the Army shall take appropriate actions to ensure that all necessary resources are planned and programmed for accelerated prototyping, component development, testing, or acquisition for the Next Generation Combat Vehicle (NGCV).
removed
Report—
removed
In general— Not later than March 1, 2019, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the development of the Next Generation Combat Vehicle.
removed
Analysis—
removed
In general— The report required by paragraph (1) shall include a thorough analysis of the requirements of the Next Generation Combat Vehicle.
removed
Relevance to National Defense Strategy— In carrying out subparagraph (A), the Secretary shall ensure that the requirements are relevant to the most recently published National Defense Strategy.
removed
Threats and terrain— The Secretary shall ensure that the analysis includes consideration of threats and terrain.
removed
Component technologies— The Secretary shall ensure that the analysis includes consideration of the latest enabling component technologies developed by the Tank Automotive, Research, Development, Engineering Center of the Army that have the potential to dramatically change basic combat vehicle design and improve lethality, protection, mobility, range, and sustainment.
removed
Limitation— Of the funds authorized to be appropriated for fiscal year 2019 by section 201 and available for research, development, testing, and evaluation, Army, for the Next Generation Combat Vehicle, not more than 90 percent may be obligated or expended until the Secretary submits the report required by subsection (b).
Sec. 250 Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions
removed
removed
Subsection (c) of section 2363 of title 10, United States Code, is amended to read as follows:
removed
“(c) Release and dissemination of information on contributions from use of authority to military missions
removed
“(1) Collection of information—The Secretary shall establish and maintain mechanisms for the continuous collection of information on achievements, best practices identified, lessons learned, and challenges arising in the exercise of the authority in this section.
removed
“(2) Release of information—The Secretary shall establish and maintain mechanisms as follows:
removed
“(A) Mechanisms for the release to the public of information on achievements and best practices described in paragraph (1) in unclassified form.
removed
“(B) Mechanisms for dissemination to appropriate civilian and military officials of information on achievements and best practices described in paragraph (1) in classified form.”
Sec. 251 Briefings on Mobile Protected Firepower and Future Vertical Lift programs
removed
removed
In general— Not later than March 1, 2019, the Secretary of the Army shall provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the requirements of the Army for Mobile Protected Firepower (MPF) and Future Vertical Lift (FVL).
removed
Contents— The briefing provided pursuant to subsection (a) shall include the following:
removed
With respect to the Mobile Protected Firepower program, the following:
removed
An explanation of how Mobile Protected Firepower could survive against the effects of anti-armor and anti-aircraft networks established within anti-access, area-denial defenses.
removed
An explanation of how Mobile Protected Firepower would improve offensive overmatch against a peer adversary.
removed
Details regarding the total number of Mobile Protected Firepower systems needed by the Army.
removed
An explanation of how the Mobile Protected Firepower system will be logistically supported within light formations.
removed
Plans to integrate active protection systems into the designs of the Mobile Protected Firepower program.
removed
With respect to the Future Vertical Lift program, the following:
removed
An explanation of how Future Vertical Lift could survive against the effects of anti-aircraft networks established within anti-access, area-denial defenses.
removed
An explanation of how Future Vertical Lift would improve offensive overmatch against a peer adversary.
removed
A review of the doctrine, organization, training, materiel, leadership, education, personnel, and facilities applicable to determine the total number of Future Vertical Lift Capability Set 1 or Future Attack Reconnaissance Aircraft (FARA), required by the Army.
removed
An implementation plan for the establishment of Future Vertical Lift, including a timeline for achieving initial and full operational capability.
removed
A description of the budget requirements for Future Vertical Lift to reach full operational capability, including an identification and cost of any infrastructure and equipment requirements.
removed
A detailed list of all analysis used to determine the priority of Future Vertical Lift and which programs were terminated, extended, de-scoped, or delayed in order to fund Future Vertical Lift Capability Set 1 or Future Attack Reconnaissance Aircraft in the Future Year’s Defense Plan.
removed
An assessment of the analysis of alternatives on the Future Vertical Lift Capability Set 3 program.
removed
An identification of any additional authorities that may be required for achieving full operational capability of Future Vertical Lift.
removed
Any other matters deemed relevant by the Secretary.
Sec. 252 Improvement of the Air Force supply chain
removed
removed
In general— The Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics may use funds described in subsection (b) as follows:
removed
For nontraditional technologies and sustainment practices (such as additive manufacturing, artificial intelligence, predictive maintenance, and other software-intensive and software-defined capabilities) to—
removed
increase the availability of aircraft to the Air Force; and
removed
decrease backlogs and lead times for the production of parts for such aircraft.
removed
To advance the qualification, certification, and integration of additive manufacturing into the Air Force supply chain.
removed
To otherwise identify and reduce supply chain risk for the Air Force.
removed
To define workforce development requirements and training for personnel who implement and support additive manufacturing for the Air Force at the warfighter, end-item designer and equipment operator, and acquisition officer levels.
removed
Funding— Of the amounts authorized to be appropriated for fiscal year 2019 by section 201 for research, development, test, and evaluation for the Air Force and available for Tech Transition Program (Program Element (0604858F)), up to $42,800,000 may be available as described in subsection (a).
Sec. 253 Review of guidance on blast exposure during training
removed
removed
Initial review— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the decibel level exposure, concussive effects exposure, and the frequency of exposure to heavy weapons fire of an individual during training exercises to establish appropriate limitations on such exposures.
removed
Elements— The review required by subsection (a) shall take into account current data and evidence on the cognitive effects of blast exposure and shall include consideration of the following:
removed
The impact of exposure over multiple successive days of training.
removed
The impact of multiple types of heavy weapons being fired in close succession.
removed
The feasibility of cumulative annual or lifetime exposure limits.
removed
The minimum safe distance for observers and instructors.
removed
Updated training guidance— Not later than 180 days after the date of the completion of the review under subsection (a), each Secretary of a military department shall update any relevant training guidance to account for the conclusions of the review.
removed
Updated review—
removed
In general— Not later than two years after the initial review conducted under subsection (a), and not later than two years thereafter, the Secretary of Defense shall conduct an updated review under such subsection, including consideration of the matters set forth under subsection (b), and update training guidance under subsection (c).
removed
Consideration of new research and evidence— Each updated review conducted under paragraph (1) shall take into account new research and evidence that has emerged since the previous review.
removed
Briefing required— The Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on a summary of the results of the initial review under subsection (a), each updated review conducted under subsection (d), and any updates to training guidance and procedures resulting from any such review or updated review.
Sec. 254 Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement
removed
removed
Plan required— The Secretary of the Army shall develop a strategy to competitively procure a new transmission for the Bradley Fighting Vehicle family of vehicles.
removed
Additional strategy requirements— The plan required by subsection (a) shall include the following:
removed
An analysis of the potential cost savings and performance improvements associated with developing or procuring a new transmission common to the Bradley Fighting Vehicle family of vehicles, including the Armored Multipurpose Vehicle and the Paladin Integrated Management artillery system.
removed
A plan to use full and open competition as required by the Federal Acquisition Regulation.
removed
Timeline— Not later than February 15, 2019, the Secretary of the Army shall submit to the congressional defense committees the strategy developed under subsection (a).
removed
Limitation— None of the funds authorized to be appropriated for fiscal year 2019 by this Act for Weapons and Tracked Combat Vehicles, Army, may be obligated or expended to procure a Bradley Fighting Vehicle replacement transmission until the date that is 30 days after the date on which the Secretary of the Army submits to the congressional defense committees the plan required by subsection (a).
Sec. 255 Independent assessment of electronic warfare plans and programs
removed
removed
Agreement—
removed
In general— The Secretary of Defense shall seek to enter into an agreement with the private scientific advisory group known as “JASON” to perform the services covered by this section.
removed
Timing— The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 120 days after the date of the enactment of this Act.
removed
Independent assessment— Under an agreement between the Secretary and JASON under this section, JASON shall—
removed
assess the strategies, programs, order of battle, and doctrine of the Department of Defense related to the electronic warfare mission area and electromagnetic spectrum operations;
removed
assess the strategies, programs, order of battle, and doctrine of potential adversaries, such as China, Iran, and the Russian Federation, related to the same;
removed
develop recommendations for improvements to the strategies, programs, and doctrine of the Department of Defense in order to enable the United States to achieve and maintain superiority in the electromagnetic spectrum in future conflicts; and
removed
develop recommendations for the Secretary, Congress, and such other Federal entities as JASON considers appropriate, including recommendations for—
removed
closing technical, policy, or resource gaps;
removed
improving cooperation and appropriate integration within the Department of Defense entities;
removed
improving cooperation between the United States and other countries and international organizations as appropriate; and
removed
such other important matters identified by JASON that are directly relevant to the strategies of the Department of Defense described in paragraph (3).
removed
Liaisons— The Secretary shall appoint appropriate liaisons to JASON to support the timely conduct of the services covered by this section.
removed
Materials— The Secretary shall provide access to JASON to materials relevant to the services covered by this section, consistent with the protection of sources and methods and other critically sensitive information.
removed
Clearances— The Secretary shall ensure that appropriate members and staff of JASON have the necessary clearances, obtained in an expedited manner, to conduct the services covered by this section.
removed
Report— Not later than October 1, 2019, the Secretary shall submit to the congressional defense committees a report on—
removed
the findings of JASON with respect to the assessments carried out under subsection (b); and
removed
the recommendations developed by JASON pursuant to such subsection.
removed
Alternate contract scientific organization—
removed
In general— If the Secretary is unable within the period prescribed in paragraph (2) of subsection (a) to enter into an agreement described in paragraph (1) of such subsection with JASON on terms acceptable to the Secretary, the Secretary shall seek to enter into such agreement with another appropriate scientific organization that—
removed
is not part of the government; and
removed
has expertise and objectivity comparable to that of JASON.
removed
Treatment— If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section to JASON shall be treated as a reference to the other organization.
Sec. 301 Authorization of appropriations
changed
Funds are hereby here by authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.7301.
Sec. 311 Inclusion of consideration of energy and climate resiliency efforts in master plans for major military installations
added Section 2864 of title 10, United States Code, is amended—
removed
In general— Chapter 136 of title 10, United States Code, as amended by section 851, is further amended by inserting after section 2283, as added by such section 851, the following new section:
removed
“2284. Explosive Ordnance Disposal Defense Program
removed
“(a) In general—The Secretary of Defense shall carry out a program to be known as the “Explosive Ordnance Disposal Defense Program” (in this section referred to as the “Program”) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.
removed
“(b) Roles, responsibilities, and authorities—The plan under subsection (a) shall include provisions under which—
removed
“(1) the Secretary of Defense shall—
removed
“(A) assign the responsibility for the direction, coordination, integration of the Program within the Department of Defense to an Assistant Secretary of Defense;
removed
“(B) the Assistant Secretary of Defense to whom responsibility is assigned under paragraph (1) shall serve as the key individual for the Program responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on Department of Defense explosive ordnance disposal activities;
removed
“(C) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense responsible for providing oversight of the joint program executive officer who coordinates and integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test, and evaluation and procurement activities on behalf of the military departments and combatant commands with respect to explosive ordnance disposal;
removed
“(D) designate a combat support agency to exercise fund management responsibility of the Department of Defense-wide program element for explosive ordnance disposal research, development, test, and evaluation, transactions other than contracts, cooperative agreements, and grants related to section 2371 of this title during research projects including rapid prototyping and limited procurement urgent activities, and acquisition; and
removed
“(E) designate an Army explosive ordnance disposal-qualified general officer from the combat support agency designated under subparagraph (D) to serve as the Chairman of the Department of Defense explosive ordnance disposal defense program board; and
removed
“(2) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test, and evaluation activities, including other transactions and procurement activities to address military department unique needs such as weapon systems, manned and unmanned vehicles and platforms, cyber and communication equipment, and the integration of explosive ordnance disposal sets, kits and outfits and explosive ordnance disposal tools, equipment, sets, kits, and outfits developed by the department.
removed
“(c) Annual budget justification documents
removed
“(1) For fiscal year 2021 and each fiscal year thereafter, the Secretary of Defense shall submit to Congress with the defense budget materials a consolidated budget justification display, in classified and unclassified form, that includes all of activities of the Department of Defense relating to the Program.
removed
“(2) The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:
removed
“(A) Civilian and military pay.
removed
“(B) Research, development, test, and evaluation.
removed
“(C) Procurement.
removed
“(D) Other transaction agreements.
removed
“(E) Military construction.
removed
“(3) The budget display shall include funding data for each of the military department’s respective activities related to explosive ordnance disposal, including—
removed
“(A) operation and maintenance; and
removed
“(B) overseas contingency operations.”
changed
Clerical amendment— The table of sections at the beginning of such chapter, as amended by section 851, is further amended by inserting after the item relating to section 2283, as added by such section 851, the following new section:in subsection (a)(2)—
added
in subparagraph (C), by striking “and” at the end;
added
in subparagraph (D), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(E) energy and climate resiliency efforts.”
added
in subsection (d), by adding at the end the following new paragraph:
added “(3) The term “energy and climate resiliency” means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.”
Sec. 312 Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are located
added Subsection (b) of section 2916 of title 10, United States Code, is amended—
removed
Energy policy authority— Section 2911(b) of title 10, United States Code, is amended—
removed
by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; and
removed
by inserting before paragraph (3), as so redesignated, the following new paragraphs:
removed
“(1) establish metrics and standards for the assessment of energy resilience;
removed
“(2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense;”
changed
Reporting on energy security and resilience goals— Section 2911(c) of title 10, United States Code, is amended in paragraph (1), by adding at the end the following new paragraph:striking “Proceeds” and inserting “Except as provided in paragraph (3), proceeds”; and
removed
“(3) The Secretary of Defense shall include the energy security and resilience goals of the Department of Defense in the installation energy report submitted under section 2925(a) of this title for fiscal year 2018 and every fiscal year thereafter. In the development of energy security and resilience goals, the Department of Defense shall conform with the definitions of energy security and resilience under this title. The report shall include the amount of critical energy load, together with the level of availability and reliability by fiscal year the Department of Defense deems necessary to achieve energy security and resilience.”
changed
Reporting on installations energy management, energy resilience, and mission assurance— Section 2925(a) of title 10, United States Code, is amended—by adding at the end the following new paragraph:
added “(3) In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—
added “(A) 50 percent shall be credited to the appropriation account described in paragraph (1); and
added “(B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.”
removed
by inserting “, including progress on energy resilience at military installations according to metrics developed by the Secretary” after “under section 2911 of this title”;
removed
in paragraph (3), by striking “the mission requirements associated with disruption tolerances based on risk to mission” and inserting “the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances”;
removed
in paragraph (4), by inserting “(including critical energy loads in megawatts and the associated downtime tolerances for critical energy loads)” after “energy requirements and critical energy requirements”;
removed
by redesignating paragraph (5) as paragraph (7); and
removed
by inserting after paragraph (4) the following new paragraphs:
removed
“(5) A list of energy resilience projects awarded by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the reporting fiscal year, including project description, award date, the critical energy requirements serviced (including critical energy loads in megawatts), expected reliability of the project (as indicated in the awarded contract), life cycle costs, savings to investment, fuel type, and the type of appropriation or alternative financing used.
removed
“(6) A list of energy resilience projects planned by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the next two fiscal years, including project description, fuel type, expected award date, and the type of appropriation or alternative financing expected for use.”
removed
Inclusion of energy security and resilience as priorities in contracts for energy or fuel for military installations— Section 2922a(d) of title 10, United States Code, is amended to read as follows:
removed
“(d) The Secretary concerned shall ensure energy security and resilience are prioritized and included in the provision and operation of energy production facilities under this section.”
removed
Conveyance authority for utility systems— Section 2688 of title 10, United States Code, is amended—
removed
in subsection (d)(2), by adding at the end the following: “The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3).”; and
removed
in subsection (g)(3)—
removed
by striking “may require” and inserting “shall require”; and
removed
by striking “consistent with energy resilience requirements and metrics” and inserting “consistent with energy resilience and cybersecurity requirements and associated metrics”.
removed
Modification of energy resilience definition— Section 101(e)(6) of title 10, United States Code, is amended by striking “task critical assets and other”.
removed
Authority To accept energy performance financial incentives from State and local governments— Section 2913(c) of title 10, United States Code, is amended by inserting “a State or local government” after “generally available from”.
removed
Use of energy cost savings To implement energy resilience and energy conservation construction projects— Section 2912(b)(1) of title 10, United States Code, is amended by inserting “, including energy resilience and energy conservation construction projects,” after “energy security measures”.
removed
Additional basis for preservation of property in the vicinity of military installations in agreements with non-Federal entities on use of such property— Section 2684a(a)(2)(B) of title 10, United States Code, is amended—
removed
by striking “(B)” and inserting “(B)(i)”; and
removed
by adding at the end of the following new clause:
removed
“(ii) maintains or improves military installation resilience; or”
Sec. 313 Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense
changed
Subsection (b) Section 101(a)(5)(A) of section 2916 the Marine Mammal Protection Act of title 10, United States Code, 1972 (16 U.S.C. 1371(a)(5)(A)) is amended—
changed
in paragraph (1), clause (i), by striking “Proceeds” “Upon request” and inserting “Except as provided in paragraph (3), proceeds”; andby clause (ii), upon request”;
changed
by adding at the end the following new paragraph:redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
added
by inserting after clause (i) the following new clause (ii):
added “(ii) In the case of a request described in clause (i) made by the Department of Defense, such clause shall be applied—
added “(I) in the matter preceding clause (I), by substituting “ten consecutive years” for “five consecutive years”; and
added “(II) in clause (I), by substituting “ten-year” for “five-year”.”
removed
“(3) In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—
removed
“(A) 50 percent shall be credited to the appropriation account described in paragraph (1); and
removed
“(B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.”
Sec. 314 State management and conservation of species
added
Sage-grouse and Prairie-Chicken—
added
In general— During the 10-year period beginning on the date of the enactment of this Act, the conservation status of each of the Greater Sage-grouse (Centrocerus urophasianus) and the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) shall be not-warranted for listing.
removed
In general— Section 2926 of title 10, United States Code, is amended—
changed
Subsequent determinations— by redesignating subsections (a), (b), (c), In determining conservation efficacy for purposes of making any determination of such status after such 10-year period, the Secretary of the Interior shall fully consider all conservation actions of States, Federal agencies, and (d) as subsections (c), (d), (e), (f), respectively;military installations.
added
American burying beetle— Notwithstanding the final rule of the United States Fish and Wildlife Service entitled “Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the American Burying Beetle” (54 Fed. Reg. 29652 (July 13, 1989)), the American burying beetle (Nicrophorus americanus) may not be listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
added
Judicial review— Notwithstanding any other provision of statute or regulation, this section shall not be subject to judicial review.
removed
by inserting before subsection (c), as redesignated by paragraph (1), the following new subsections:
removed
“(a) Operational energy policy—In carrying out section 2911(a) of this title, the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readiness of the armed forces for their military missions.
removed
“(b) Authorities—The Secretary of Defense may—
removed
“(1) require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans;
removed
“(2) authorize the use of energy security, cost of backup power, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and
removed
“(3) in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities.”
removed
in subsection (c), as redesignated by subparagraph (A)—
removed
in the subsection heading, by striking “Alternative fuel activities” and inserting “Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment”;
removed
by striking “heads of the military departments and the Assistant Secretary of Defense for Research and Engineering” and inserting “heads of the appropriate Department of Defense components”;
removed
in paragraph (1), by striking “lead the alternative fuel activities” and inserting “oversee the operational energy activities”;
removed
in paragraph (2), by striking “regarding the development of alternative fuels by the military departments and the Office of the Secretary of Defense” and inserting “regarding the policies and investments that affect the use of operational energy across the Department of Defense”;
removed
in paragraph (3), by striking “prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense” and inserting “recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience”; and
removed
in paragraph (5), by striking “subsection (c)(4)” and inserting “subsection (e)(4)”.
removed
Conforming amendments—
removed
Section 2925(b)(1) of title 10, United States Code, is amended by striking “section 2926(b)” and inserting “section 2926(d)”.
removed
Section 1061(c)(55) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking “Section 2926(c)(4)” and inserting “Section 2926(e)(4)”.
Sec. 315 Department of Defense environmental restoration programs
changed
Funding—Findings— Paragraph (2) of section 316(a) of Congress makes the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended to read as follows:following findings:
added
The Department of Defense has identified nearly 39,500 sites that fall under the installation restoration program sites and munitions response sites.
added
The installation response program addresses contamination from hazardous substances, pollutants, or contaminants and active military installations, formerly used defense site properties, and base realignment and closure locations in the United States.
added
Munitions response sites are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constitutes are addressed through the military munitions response program.
added
The installation restoration program sites and munitions response sites have had significant impacts on state and local governments that have had to bear the increased costs of environmental degradation, notably groundwater contamination, and local populations that have had to live with the consequences of contaminated drinking, including increased health concerns and decreasing property values.
added
Through the end of fiscal year 2017, the Department of Defense had achieved response complete at 86 percent of installation restoration program sites and munitions response sites, but projects that it will fall short of meeting its goal of 90 percent by the end of fiscal year 2018.
added
The fiscal year 2019 budget request for environmental restoration and base realignment and closure amounted to nearly $1,318,320,000, a decrease of $53,429,000 from the amount authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
removed
“(2) Funding
removed
“(A) Source of funds—The study and assessment performed pursuant to this section may be paid for using funds authorized to be appropriated to the Department of Defense under the heading “Operation and Maintenance, Defense-Wide”.
removed
“(B) Transfer authority
removed
“(i) Of the amounts authorized to be appropriated for the Department of Defense for fiscal year 2018, not more than $10,000,000 shall be transferred by the Secretary of Defense, without regard to section 2215 of title 10, United States Code, to the Secretary of Health and Human Services to pay for the study and assessment required by this section.
removed
“(ii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $10,000,000 a year during fiscal years 2019 and 2020 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.
removed
“(C) Expenditure authority—Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study and assessment under this section through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department for the purposes of carrying out this section.
removed
“(D) Relationship to other transfer authorities—The transfer authority provided under this paragraph is in addition to any other transfer authority available to the Department of Defense.”
changed
Report to Congress on Department Sense of Defense assessment and remediation plan—Congress— Not later than 180 days after the date on which the Administrator of the Environmental Protection Agency establishes a maximum contaminant level for per- and polyfluoroalkyl substances (PFAS) contamination in drinking water in a national primary drinking water regulation under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1), It is the Secretary sense of Defense shall submit to the congressional defense committees a report containing a plan to—Congress that—
changed
assess any contamination at Department the environmental restoration and base realignment and closure programs are important for the protection of Defense installations the environment, the health of the military and surrounding communities civilian personnel and their families who live and work on military installations, to ensure that may have occurred from PFAS usage by current and legacy military operations do not adversely affect the Department health or environments of Defense;surrounding communities;
changed
identify any remediation actions the Department plans to undertake using of Defense and the maximum contaminant level established by Armed Forces should seek to reduce the Environmental Protection Agency;financial burden on state and local government who are bearing significant costs of cleanup stemming from defense related activities;
changed
provide an estimate of the cost Department of such remediation Defense and the Armed Forces should expedite and streamline cleanup at locations where contamination is having a schedule for accomplishing such remediation; anddirect impact on civilian access to clean drinking water;
changed
provide an assessment the Department of past expenditures by local water authorities to address contamination before Defense and the Environmental Protection Agency established a maximum contaminant level Armed Forces should continue to engage with and an estimate help allay local community concerns about the safety of the cost to reimburse communities that remediated drinking water due to a level not greater than such level.environmental degradation caused by defense related activities; and
added
the Department of Defense should seek opportunities to accelerate environmental restoration efforts where feasible, to include programming additional resources for response actions, investing in technology solutions that may expedite response actions, improving contracting procedures, increasing contracting capacity, and seeking opportunities for partnerships and other cooperative approaches.
changed
Assessment of health effects of PFAS exposure—Briefing required— The Not later than 120 days after enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall conduct an assessment provide a briefing to the Committees on Armed Services of the human health implications Senate and House of PFAS exposure. Such assessment shall include—Representatives on initiatives being pursued to accelerate environmental restoration efforts.
removed
a meta-analysis that considers the current scientific evidence base linking the health effects of PFAS on individuals who served as members of the Armed Forces and were exposed to PFAS at military installations;
removed
an estimate of the number of members of the Armed Forces and veterans who may have been exposed to PFAS while serving in the Armed Forces;
removed
the development of a process that would facilitate the transfer between the Department of Defense and the Department of Veterans Affairs of health information of individuals who served in the Armed Forces and may have been exposed to PFAS during such service; and
removed
a description of the amount of funding that would be required to administer a potential registry of individuals who may have been exposed to PFAS while serving in the Armed Forces.
Sec. 316 Production and use of natural gas at Fort Knox
added
Production and use of natural gas at Fort Knox— Chapter 449 of title 10, United States Code, is amended by adding at the end the following new section:
added “4782. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky
added “(a) Authority
added “(1) The Secretary of the Army may provide for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352).
added “(2) The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1).
added “(b) Limitation on uses—Any natural gas produced under subsection (a) may be used only to support activities and operations at Fort Knox and may not be sold for use elsewhere.
added “(c) Ownership of facilities—The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract.
added “(d) Applicability—The authority of the Secretary of the Army under this section is effective as of August 2, 2007.”
removed
Section 101(a)(5)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended—
changed
Clerical amendment— in clause (i), by striking “Upon request” and inserting “Except as provided The table of sections at the beginning of such chapter is amended by clause (ii), upon request”;adding at the end the following new item:
removed
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
removed
by inserting after clause (i) the following new clause (ii):
removed
“(ii) In the case of a military readiness activity (as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703 note), clause (i) shall be applied—
removed
“(I) in the matter preceding clause (I), by substituting “seven consecutive years” for “five consecutive years”; and
removed
“(II) in clause (I), by substituting “seven-year” for “five-year”.”
Sec. 317 Explosive Ordnance Disposal Defense Program
changed
Findings—In general— Congress makes Chapter 136 of title 10, United States Code, as amended by section 851, is further amended by adding at the end the following findings:new section:
added “2284. Explosive Ordnance Disposal Defense Program
added “(a) In general—The Secretary of Defense shall carry out a program to be known as the “Explosive Ordnance Disposal Defense Program” (in this section referred to as the “Program”) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.
added “(b) Roles, responsibilities, and authorities—The plan under subsection (a) shall include provisions under which—
added “(1) the Secretary of Defense shall—
added “(A) assign the responsibility for the direction, coordination, integration of the explosive ordnance disposal defense program within the Department of Defense;
added “(B) designate the Assistant Secretary of Defense for Nuclear, Chemical, Biological Defense Programs as the key individual for the explosive ordnance disposal defense program that develops and oversees policy, plans, programs and budgets, and issues guidance and provides direction on Department of Defense explosive ordnance disposal activities;
added “(C) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense that provides oversight of the joint program executive officer whom coordinates and integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test and evaluation and procurement activities on behalf of the military departments and combatant commands with respect to explosive ordnance disposal;
added “(D) designate the Director of the Defense Threat Reduction Agency as the responsible combat support agency that will exercise fund management responsibility of the Department of Defense-Wide Program Element for explosive ordnance disposal research, development, test and evaluation, transactions other than contracts, cooperative agreements, and grants related to section 2371 of title 10 during research projects including rapid prototyping and limited procurement urgent activities, and acquisition;
added “(E) designate an Army explosive ordnance disposal-qualified general officer as the responsible senior leader of the Defense Threat Reduction Agency’s Joint Improvised-Threat Defeat Organization that serves as the Chairman of the Department of Defense explosive ordnance disposal defense program board;
added “(2) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test and evaluation activities, including other transactions and procurement activities to address military department unique needs such as weapon systems, manned and unmanned vehicles and platforms, cyber and communication equipment and the integration of explosive ordnance disposal sets, kits and outfits and department’s developed explosive ordnance disposal tools, equipment, sets, kits and outfits.
added “(c) Annual budget justification documents
added “(1) For fiscal year 2021 and each fiscal year thereafter, the Secretary of Defense shall submit to Congress with the defense budget materials a consolidated budget justification display, in classified and unclassified form, that includes all of activities of the Department of Defense relating to the Program.
added “(2) The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:
added “(A) Civilian and military pay.
added “(B) Research, development, test, and evaluation.
added “(C) Procurement.
added “(D) Other transaction agreements.
added “(E) Military construction.
added “(3) The budget display shall include funding data for each of the military department’s respective activities related to explosive ordnance disposal, including—
added “(A) operations and maintenance; and
added “(B) overseas contingency operations.
added “(d) Definitions—In this section:
added “(1) The term “explosive ordnance” means any munitions containing explosives, nuclear fission or fusion materials, or biological or chemical agents, including—
added “(A) bombs and warheads;
added “(B) guided and ballistic missiles;
added “(C) artillery, mortar, rocket, and small arms munitions;
added “(D) mines, torpedoes, and depth charges;
added “(E) demolition charges;
added “(F) pyrotechnics;
added “(G) clusters and dispensers;
added “(H) cartridge and propellant actuated devices;
added “(I) electro-explosives devices;
added “(J) clandestine and improvised explosive devices, including improvised nuclear, chemical and biological devices; and
added “(K) similar or related items or components explosive in nature.
added “(2) The term “disposal” means, with respect to explosive ordnance, the assessment, sampling, detection, identification, verification, field evaluation, defeat, disablement, neutralization, or rendering-safe, war-head packaging, recovery, exploitation, and final disposition of ordnance.”
removed
The Department of Defense has identified nearly 39,500 sites that fall under the installation restoration program sites and munitions response sites.
removed
The installation response program addresses contamination from hazardous substances, pollutants, or contaminants and active military installations, formerly used defense site properties, and base realignment and closure locations in the United States.
removed
Munitions response sites are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constitutes are addressed through the military munitions response program.
removed
The installation restoration program sites and munitions response sites have had significant impacts on state and local governments that have had to bear the increased costs of environmental degradation, notably groundwater contamination, and local populations that have had to live with the consequences of contaminated drinking, including increased health concerns and decreasing property values.
removed
Through the end of fiscal year 2017, the Department of Defense had achieved response complete at 86 percent of installation restoration program sites and munitions response sites, but projects that it will fall short of meeting its goal of 90 percent by the end of fiscal year 2018.
removed
The fiscal year 2019 budget request for environmental restoration and base realignment and closure amounted to nearly $1,318,320,000, a decrease of $53,429,000 from the amount authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
changed
Sense of Congress—Clerical amendment— It is The table of sections at the sense beginning of Congress that—such chapter, as amended by section 851, is further amended by adding at end the following new section:
removed
the environmental restoration and base realignment and closure programs are important for the protection of the environment, the health of the military and civilian personnel and their families who live and work on military installations, to ensure that current and legacy military operations do not adversely affect the health or environments of surrounding communities;
removed
the Department of Defense and the Armed Forces should seek to reduce the financial burden on state and local government who are bearing significant costs of cleanup stemming from defense related activities;
removed
the Department of Defense and the Armed Forces should expedite and streamline cleanup at locations where contamination is having a direct impact on civilian access to clean drinking water;
removed
the Department of Defense and the Armed Forces should continue to engage with and help allay local community concerns about the safety of the drinking water due to environmental degradation caused by defense related activities; and
removed
the Department of Defense should seek opportunities to accelerate environmental restoration efforts where feasible, to include programming additional resources for response actions, investing in technology solutions that may expedite response actions, improving contracting procedures, increasing contracting capacity, and seeking opportunities for partnerships and other cooperative approaches.
Sec. 318 Joint study on the impact of wind farms on weather radars and military operations
changed
In general— The Secretary of Defense shall enter into an arrangement with the National Oceanic and Atmospheric Administration to conduct a study on how to improve existing National Oceanic and Atmospheric Administration and National Weather Service tools to reflect the latest data and policies to improve consistency in weather radars, with a focus impact wind farms have on a research and development and field test evaluation program to validate existing mitigation options and develop additional options for weather radar impact, in collaboration with the National Weather Service, the radars and subsequently Department of Energy, and the Federal Aviation Administration, and with input from academia Defense operations and industry.readiness.
Elements— The study required pursuant to subsection (a) shall include the following:
changed
The potential impacts of wind farms on NEXRAD radars and other Federal radars for weather forecasts and warnings used by the Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service.Service for weather forecasts and warnings.
added
The subsequent impacts of wind farms on Department of Defense aviation readiness, including—
added
Department of Defense air traffic control radars;
added
minimum vectoring altitudes, in particular around military flight training bases;
added
air-to-ground drop zones;
added
air-to-ground bombing and test ranges;
added
military operating areas that extend to the surface;
added
military training routes;
added
over-the-horizon radars; and
added
Department of Defense weather radars.
added
Examples of when interference from the wind farms has affected the ability of the National Oceanic and Atmospheric Administration to forecast or warn for dangerous weather.
renumbered
was (3)(4)
Recommendations to reduce, mitigate, or eliminate the potential impacts.
added
An analysis of the distance that wind turbines need to be away from the radars to ensure no impact.
renumbered
was (3)(5)
Recommendations for addressing the impacts to NEXRADs and weather radar due to increasing turbine heights.
added
Recommendations to reduce or eliminate impacts of existing wind turbines, including those projects that are being repowered by developers to increase turbine heights.
renumbered
was (3)(6)
Recommendations to ensure wind farms do not impact the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.
renumbered
was (3)(7)
The cumulative impacts of multiple wind farms near a single radar on the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.
added
Recommendations to reduce or eliminate the cumulative impacts of multiple wind farms.
renumbered
was (3)(8)
An analysis of whether certain wind turbine projects, based on project layout, turbine orientation, number of turbines, density of turbines, proximity to radar, or turbine height result in greater impacts to the missions of Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service, and if so, how can those projects be better cited to reduce or eliminate NEXRAD impacts.
removed
Case studies where the Department of Defense, the National Weather Service, and industry have worked together to implement solutions.
removed
Mitigation options, including software and hardware upgrades, which the National Oceanic and Atmospheric Administration and the National Weather Service have researched and analyzed, and the results of such research and analysis.
removed
A review of mitigation research performed to date by the Government and or academia.
removed
Identification of future research opportunities, requirements, and recommendations for the SENSR program to mitigate energy development.
Submittal to Congress— Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted pursuant to subsection (a).
Sec. 319 Core sampling at Joint Base San Antonio, Texas
Site investigation required— The Secretary of the Air Force shall conduct a core sampling study along the proposed route of the W–6 wastewater treatment line on Air Force real property, in compliance with best engineering practices, to determine if any regulated or hazardous substances are present in the soil along the proposed route.
changed
Report required— Not later than 15 months 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the core samples taken pursuant to subsection (a).
Sec. 320 Production and use of natural gas at Fort Knox, Kentucky
removed
removed
Authority—
removed
In general— The Secretary of the Army is authorized to continue production, treatment, management, and use of the natural gas from covered wells at Fort Knox, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352), with the limitation that the Secretary of the Army shall comply with the Mineral Leasing Act, Mineral Leasing Act for Acquired Lands, and the Federal Oil and Gas Royalty Management Act, for additional oil or natural gas drilling operations and production activities beyond the production from the covered wells at Fort Knox.
removed
Contract authority— The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1), with the limitation that the authority provided in this section does not affect or authorize any interference with the Muldraugh Gas Storage Facility at Fort Knox.
removed
Royalties to the state of kentucky—
removed
In general— In implementing this section—
removed
The Secretary of the Interior shall calculate the value of royalty payments, calculated on a calendar year basis beginning on the date of enactment of this section, that the State of Kentucky would have received under the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352) for future natural gas produced at Fort Knox under the authority of this section as though the natural gas had been produced under the Mineral Leasing Act for Acquired Lands, and provide the calculation to the Secretary of the Army.
removed
Upon request of the Secretary of the Interior, the Secretary of the Army or its contractor shall promptly provide all information, documents, or other materials the Secretary of the Interior deems necessary to conduct this calculation.
removed
The Secretary of the Army shall pay to the Treasury of the United States the value of royalty calculated under this section upon receipt of the calculation from the Secretary of the Interior.
removed
The Secretary of the Interior shall disburse the sums collected from the Secretary of the Army pursuant to this paragraph to the State of Kentucky as though the funds were being disbursed to the State under section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355) no later than 6 months after the date of the enactment of this Act.
removed
Regardless of the value of the royalty payments calculated under subparagraph (A), in no case may the amount of the sums disbursed under subparagraph (D) for any calendar year exceed $49,000.
removed
Waiver authority— The Governor of Kentucky may waive paragraph (1) by providing written notice to the Secretary of the Interior to that effect.
removed
Ownership of facilities— The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract. The Secretary of the Interior shall have no responsibility for the plugging and abandonment of the covered wells at Fort Knox, the reclamation of the covered wells at Fort Knox, or any environmental damage caused or associated with the production of the covered wells at Fort Knox.
removed
Applicability— The authority of the Secretary of the Army under this section is effective as of August 2, 2007.
removed
Limitation on uses— Any natural gas produced under the authority of this section may be used only to support energy security and energy resilience at Fort Knox. For purposes of this section, energy security and energy resilience include maintaining and continuing to produce natural gas from the covered wells at Fort Knox, and enhancing the Fort Knox energy grid through acquisition and maintenance of battery storage, loop transmission lines and pipelines, sub-stations, and automated circuitry.
removed
Safety standards for gas wells— The covered wells at Fort Knox shall meet the same technical installation and operating standards that they would have had to meet had they been installed under a lease pursuant to the Mineral Leasing Act for Acquired Lands. Such standards include the gas measurement requirements in the Federal Oil and Gas Royalty Management Act and the operational standards in the Onshore Oil and Gas Operating and Production regulations issued by the Bureau of Land Management. The Bureau of Land Management shall inspect and enforce the Army’s and its contractor’s compliance with the standards of the Mineral Leasing Act for Acquired Lands, the Federal Oil and Gas Royalty Management Act, and the Bureau of Land Management Onshore Oil and Gas Operating and Production regulations.
removed
Covered wells at Fort Knox— In this section, the term “covered wells at Fort Knox” means the 26 wells located at Fort Knox, Kentucky, as of the date of the enactment of this Act.
Sec. 321 Examination of naval vessels
changed
Section 2208 7304(a) of title 10, United States Code, is amended by adding at the end the following new subsection:amended—
added
by striking “The Secretary” and inserting “(1) The Secretary”; and
added
by adding at the end the following new paragraphs:
added “(2) Any naval vessel examined under this section on or after October 1, 2019, shall be examined without prior notice provided to the crew of the vessel.
added “(3) Any report generated relating to an examination under this section shall be unclassified and made publicly available.”
removed
“(u) Use for unspecified minor military construction projects to revitalize and recapitalize defense industrial base facilities
removed
“(1) The Secretary of a military department may use a working capital fund of the department under this section to carry out an unspecified minor military construction project under section 2805 for the revitalization and recapitalization of a defense industrial base facility owned by the United States and under the jurisdiction of the Secretary.
removed
“(2) Section 2805 shall apply with respect to a project carried out with a working capital fund under the authority of this subsection in the same manner as such section applies to any unspecified minor military construction project under section 2805.
removed
“(3) In this subsection, the term defense industrial base facility means any Department of Defense depot, arsenal, shipyard, or plant located within the United States.
removed
“(4) The authority to use a working capital fund to carry out a project under the authority of this subsection expires on September 30, 2023.”
Sec. 322 Overhaul and repair of naval vessels in foreign shipyards
changed
Notice Treatment of examinations—naval vessels without designated homeports— Subsection (a) (a)(1) of section 7304 7310 of title 10, United States Code, is amended—amended by adding at the end the following new sentence: “For the purpose of this section, a naval vessel that does not have a designated homeport shall be treated in the same manner as a vessel with a homeport in the United States or Guam.”.
removed
by striking “The Secretary” and inserting “(1) The Secretary”; and
removed
by adding at the end the following new paragraph:
removed
“(2)
removed
“(A) Except as provided in subparagraph (B), any naval vessel examined under this section on or after January 1, 2020, shall be examined with minimal notice provided to the crew of the vessel.
removed
“(B) Subparagraph (A) shall not apply to a vessel undergoing necessary trials before acceptance into the fleet.”
changed
Annual report—Definition of voyage repair— Such section is further amended by adding at the end the following new subsection:amended—
added
in subsection (c)—
added
in paragraph (3)(C), by striking “as defined” and all that follows through “Volume III”; and
added
by striking paragraph (5); and
added
by adding at the end the following new subsection:
added “(d) Definitions—In this section:
added “(1) The term “covered naval vessel” means any of the following:
added “(A) A naval vessel.
added “(B) Any other vessel under the jurisdiction of the Secretary of the Navy.
added “(C) A vessel not described in subparagraph (A) or (B) that is operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the United States Transportation Command in support of Department of Defense operations.
added “(2) The term “voyage repair” means repair performed solely for the corrective maintenance of mission or safety essential items necessary for a vessel to deploy or continue its deployment.”
removed
“(d) Annual report
removed
“(1) Not later than March 1 each year, the board designated under subsection (a) shall submit to the congressional defense committees a report setting forth the following:
removed
“(A) An overall narrative summary of the material readiness of Navy ships as compared to established material requirements standards.
removed
“(B) The overall number and types of vessels inspected during the preceding fiscal year.
removed
“(C) For in-service vessels, material readiness trends by inspected functional area as compared to the previous five years.
removed
“(2) Each report under this subsection shall be submitted in an unclassified form that is releasable to the public without further redaction.
removed
“(3) No report shall be required under this subsection after October 1, 2021.”
Sec. 323 Limitation on length of overseas forward deployment of naval vessels
Limitation—
In general— Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:
“7320. Limitation on length of overseas forward deployment of naval vessels
changed
“(a) Limitation—The Secretary of the Navy shall ensure that no naval vessel specified in subsection (b) that is listed in the Naval Vessel Register is forward deployed overseas for a period in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States.
changed
“(b) Vessels specified—A Waiver—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel specified in this subsection is any of if the following:Secretary submits to the congressional defense committees notice in writing of—
removed
“(1) Aircraft carrier.
removed
“(2) Amphibious ship.
removed
“(3) Cruiser.
removed
“(4) Destroyer.
removed
“(5) Frigate.
removed
“(6) Littoral Combat Ship.
removed
“(c) Waiver—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary submits to the congressional defense committees notice in writing of—
“(1) the waiver of such limitation with respect to the vessel;
“(2) the date on which the period of overseas forward deployment of the vessel is expected to end; and
“(3) the factors used by the Secretary to determine that a longer period of deployment would promote the national defense or be in the public interest.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new section:
Treatment of currently deployed vessels— In the case of any naval vessel that has been forward deployed overseas for a period in excess of ten years as of the date of the enactment of this Act, the Secretary of the Navy shall ensure that such vessel is assigned a homeport in the United States by not later than three years after the date of the enactment of this Act.
changed
Congressional briefing— Not later than October 1, 2020, 90 days after the date of the enactment of this Act, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the plan of the Secretary for the rotation of forward deployed naval vessels.
Sec. 325 Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam
Limitation— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 2019 may be obligated or expended for any construction, alteration, repair, or development of the real property consisting of the Former Ship Repair Facility in Guam.
Exception— The limitation under subsection (a) does not apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock.
changed
Former Ship Repair Facility in Guam— In this section, the term “Former Ship Repair Facility in Guam” means the property identified by that name under the base realignment and closure authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. USC 2687 note).
Sec. 327 Army advanced and additive manufacturing center of excellence
changed
Report required—Designation— Not later than 12 months after the date of enactment The Secretary of this Act, the Secretary Army shall develop and submit to the Committee on Armed Services and the Committee on Energy and Commerce in the House establish a Center of Representatives and the Committee on Armed Services and the Committee Excellence on Energy and Natural Resources in the Senate a report describing the requirements for, Advanced and components of, a pilot program to provide resilience for critical national security infrastructure Additive Manufacturing at Department of Defense facilities with high energy intensity and currently expensive utility rates and Department of Energy facilities by contracting with a commercial entity an arsenal (hereafter referred to site, construct, and operate at least one licensed micro-reactor at a facility identified under the report by December 31, 2027.as “the Center”).
changed
Consultation—Purposes— As necessary to develop the report required under subsection (a), the Secretary shall consult with—The Center established in section (a) shall—
changed
support the Secretary efforts of Defense;the Army to implement advanced and additive manufacturing techniques and capabilities across the Army industrial facilities (as defined by section 4544(j) of title 10, United States Code);
changed
the Nuclear Regulatory Commission; andidentify improvements to sustainment methods for component parts and other logistics needs;
changed
the Administrator identify and implement appropriate cyber protections to ensure viability of advanced and additive manufacturing within the General Services Administration.Army organic industrial base in consultation with the Army Cyber Center of Excellence and other appropriate government and private sector entities; and
added
aid in the procurement of advanced and additive manufacturing equipment and support services including training.
added
Assistance—
added
In general— The Secretary of the Army may use public-private partnerships and other transactional activity pursuant to section 2371 of title 10, United States Code, with covered entities to facilitate the development of advanced and additive manufacturing techniques in support of Army industrial facilities.
removed
Contents— The report required under subsection (a) shall include—
changed
Terms of partnerships and agreements— identification of potential locations to site, construct, Public-private partnerships and operate a micro-reactor at a Department of Defense or Department of Energy facility that contains critical national security infrastructure that the Secretary determines may not be energy resilient;other transactional activity under paragraph (1)—
added
shall facilitate development and implementation of advanced and additive manufacturing techniques and capabilities that support the Army organic industrial base;
added
may support necessary workforce development and support efforts to sustain advanced and additive manufacturing in the Army organic industrial base;
added
shall facilitate appropriate sharing of information in the adaptation of advanced and additive manufacturing into the Army organic industrial base;
added
shall facilitate implementation of appropriate cyber protections into advanced and additive manufacturing tools and techniques; and
added
may include the use of on-the-job training to ensure participants are able to learn the skills necessary for successful careers in additive manufacturing.
removed
assessments of different nuclear technologies to provide energy resiliency for critical national security infrastructure;
removed
a survey of potential commercial stakeholders with which to enter into a contract under the pilot program to construct and operate a licensed micro-reactor;
removed
options to enter into long-term contracting, including various financial mechanisms for such purpose;
removed
identification of requirements for micro-reactors to provide energy resilience to mission-critical functions at facilities identified under paragraph (1);
removed
an estimate of the costs of the pilot program;
removed
a timeline with milestones for the pilot program;
removed
an analysis of the existing authority of the Department of Energy and Department of Defense to permit the siting, construction, and operation of a micro-reactor; and
removed
recommendations for any legislative changes to the authorities analyzed under paragraph (8) necessary for the Department of Energy and the Department of Defense to permit the siting, construction, and operation of a micro-reactor.
changed
Definitions—Definition of covered entity— In this section:section, the term “covered entity” includes—
changed
The term critical national security infrastructure means any site or installation that the Secretary of Energy or the Secretary of Defense determines supports critical mission functions of the national security enterprise.community and technical colleges;
changed
The term licensed means holding a license under section 103 or 104 of the Atomic Energy Act of 1954.research universities;
changed
The term micro-reactor means a nuclear reactor that has a power production capacity that is not greater than 50 megawatts.State and local governments;
changed
The term pilot program means the pilot program described in subsection (a).economic development entities;
changed
The term Secretary means Secretary of Energy.non-profit technical associations in advanced manufacturing; and
added
non-profit organizations with a focus on improving the defense industrial base.
removed
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix.
removed
Limitations— This Act does not authorize the Department of Energy or Department of Defense to enter into a contract with respect to the pilot program.
Sec. 328 Report on pilot program for micro-reactors
added
Report required— Not later than 12 months after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Armed Services and the Committee on Energy and Commerce in the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources in the Senate a report describing the requirements for, and components of, a pilot program to provide resilience for critical national security infrastructure at Department of Defense and Department of Energy facilities by contracting with a commercial entity to site, construct, and operate at least one licensed micro-reactor at a facility identified under the report by December 31, 2027.
added
Consultation— As necessary to develop the report required under subsection (a), the Secretary shall consult with—
added
the Secretary of Defense;
added
the Nuclear Regulatory Commission; and
added
the Administrator of the General Services Administration.
added
Contents— The report required under subsection (a) shall include—
added
identification of potential locations to site, construct, and operate a micro-reactor at a Department of Defense or Department of Energy facility that contains critical national security infrastructure that the Secretary determines may not be energy resilient;
added
assessments of different nuclear technologies to provide energy resiliency for critical national security infrastructure;
added
a survey of potential commercial stakeholders with which to enter into a contract under the pilot program to construct and operate a licensed micro-reactor;
added
options to enter into long-term contracting, including various financial mechanisms for such purpose;
added
identification of requirements for micro-reactors to provide energy resilience to mission-critical functions at facilities identified under paragraph (1);
added
an estimate of the costs of the pilot program;
added
a timeline with milestones for the pilot program;
added
an analysis of the existing authority of the Department of Energy and Department of Defense to permit the siting, construction, and operation of a micro-reactor; and
added
recommendations for any legislative changes to the authorities analyzed under paragraph (8) necessary for the Department of Energy and the Department of Defense to permit the siting, construction, and operation of a micro-reactor.
added
Definitions— In this section:
added
The term critical national security infrastructure means any site or installation that the Secretary of Energy or the Secretary of Defense determines supports critical mission functions of the national security enterprise.
added
The term licensed means holding a license under section 103 or 104 of the Atomic Energy Act of 1954.
added
The term micro-reactor means a nuclear reactor that has a power production capacity that is not greater than 50 megawatts.
added
The term pilot program means the pilot program described in subsection (a).
added
The term Secretary means Secretary of Energy.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix.
added
Limitations— This Act does not authorize the Department of Energy or Department of Defense to enter into a contract with respect to the pilot program.
removed
The Secretary of the Navy may not make any modification to the existing Navy Facilities Sustainment, Restoration, and Modernization structure or mechanism that would modify duty relationships or significantly alter the existing structure until 90 days after providing notice of the proposed modification to the congressional defense committees.
Sec. 329 Report on effects of increased automation of defense industrial base on manufacturing workforce
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the effects of the increased automation of the defense industrial base over the ten-year period beginning on the date that is 30 days after the date of the enactment of this Act. Such report shall include, for the period covered by the report—
added
an estimate of the number of jobs in the United States manufacturing workforce expected to be eliminated due to automation in the defense sector;
added
an analysis describing any new types of jobs that are expected to be established as a result of an increasingly automated process, including an estimate of the number of these types of jobs that are expected to be created;
added
an analysis of the potential threats to the national security of the United States that are unique to the automation of the defense industry;
added
a strategy to assist in providing workforce training and transition preparation for workers who may lose manufacturing jobs in the defense industry due to automation;
added
a description of any training necessary for workers affected by automation to more easily transition to new types of jobs within the defense manufacturing industry; and
added
any actions taken, or planned to be taken, by the Department of Defense to assist in worker transition.
Sec. 331 Matters for inclusion in quarterly reports on personnel and unit readiness
added Section 482 of title 10, United States Code, is amended—
removed
Uniform applicability of readiness reporting system— Subsection (b) of section 117 of title 10, United States Code, is amended—
removed
by inserting “and maintaining” after “establishing”;
removed
in paragraph (1), by striking “reporting system is applied uniformly throughout the Department of Defense” and inserting “reporting system and associated policies are applied uniformly throughout the Department of Defense, including between and among the joint staff and each of the armed forces”;
removed
by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively;
removed
by inserting after paragraph (1) the following new paragraphs:
removed
“(2) that is the single authoritative readiness reporting system for the Department, and that there shall be no military service specific systems;
removed
“(3) that readiness assessments are accomplished at an organizational level at, or below, the level at which forces are employed;
removed
“(4) that the reporting system include resources information, force posture, and mission centric capability assessments, as well as predicted changes to these attributes;”
removed
in paragraph (5), as redesignated by paragraph (3) of this subsection, by inserting “, or element of a unit,” after “readiness status of a unit”.
changed
Capabilities of readiness reporting system— Such section is further amended in subsection (c)—(b)(1), by inserting after “deficiency” the following: “in the ground, sea, air, space, and cyber forces, and in such other such areas as determined by the Secretary of Defense,”; and
removed
in paragraph (1)—
removed
by striking “Measure, on a monthly basis, the capability of units” and inserting “Measure the readiness of units”; and
removed
by striking “conduct their assigned wartime missions” and inserting “conduct their designed and assigned missions”;
removed
in paragraph (2)—
removed
by striking “Measure, on an annual basis,” and inserting “Measure”; and
removed
by striking “wartime missions” and inserting “designed and assigned missions”;
removed
in paragraph (3)—
removed
by striking “Measure, on an annual basis,” and inserting “Measure”; and
removed
by striking “wartime missions” and inserting “designed and assigned missions”;
removed
in paragraph (4), by striking “Measure, on a monthly basis,” and inserting “Measure”;
removed
in paragraph (5), by striking “Measure, on an annual basis,” and inserting “Measure”;
removed
by striking paragraphs (6) and (8) and redesignating paragraph (7) as paragraph (6); and
removed
in paragraph (6), as so redesignated, by striking “Measure, on a quarterly basis,” and inserting “Measure”.
changed
Semi-annual and monthly joint readiness reviews— Such section is further amended in subsection (d)(1)(A) by inserting “, which includes a validation of readiness data currency and accuracy” after “joint readiness review”.(d)—
added
in the subsection heading, by striking “assigned mission”;
added
by striking paragraph (3);
added
by redesignating paragraphs (2) as paragraph (3); and
added
by inserting after paragraph (1) the following new paragraph (2):
added “(2) A report for the second or fourth quarter of a calendar year under this section shall also include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, air, sea, space, and cyber forces.”
removed
Quarterly report on change in current state of unit readiness— Such section is further amended—
removed
by redesignating subsection (f) as subsection (h); and
removed
by inserting after subsection (e) the following new subsection (f):
removed
“(f) Quarterly report on monthly changes in current state of readiness of units—For each quarter that begins after the date of the enactment of this subsection and ends on or before September 30, 2023, the Secretary shall submit to the congressional defense committees a report on each monthly upgrade or downgrade of the current state of readiness of a unit that was issued by the commander of a unit during the previous quarter, together with the rationale of the commander for the issuance of such upgrade or downgrade.”
removed
Annual report to Congress on operational contract support— Such section is further amended by inserting after the new subsection (f), as added by subsection (d)(2) of this section, the following new subsection:
removed
“(g) Annual report on operational contract support—The Secretary shall each year submit to the congressional defense committees a report in writing containing the results of the most recent annual measurement of the capability of operational contract support to support current and anticipated wartime missions of the armed forces. Each such report shall be submitted in unclassified form, but may include a classified annex.”
removed
Regulations— Such section is further amended in subsection (h), as redesignated by subsection (d)(1) of this section, by striking “prescribe the units that are subject to reporting in the readiness reporting system, what type of equipment is subject to such reporting” and inserting “prescribe the established information technology system for Department of Defense reporting, specifically authorize exceptions to a single-system architecture, and identify the organizations, units, and entities that are subject to reporting in the readiness reporting system, what organization resources are subject to such reporting”.
removed
Conforming amendments—
removed
Section heading— Such section is further amended in the section heading by striking “: establishment; reporting to congressional committees”.
removed
Table of sections— The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 117 and inserting the following new item:
Sec. 332 Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations
added
Reviews required— For each of calendar years 2018 through 2021, the Comptroller General of the United States shall conduct an annual review of the readiness of the Armed Forces to conduct each of the following types of full spectrum operations:
added
Ground.
added
Sea.
added
Air.
added
Space.
added
Cyber.
removed
Section 482 of title 10, United States Code, is amended—
changed
Elements of review— in In conducting a review under subsection (b)(1), by inserting after “deficiency” the following: “in the ground, sea, air, space, and cyber forces, and in such other such areas as determined by (a), the Secretary of Defense,”; andComptroller General shall—
added
use standard methodology and reporting formats in order to show changes over time;
added
evaluate, using fiscal year 2017 as the base year of analysis—
added
force structure;
added
the ability of major operational units to conduct operations; and
added
the status of equipment, manning, and training; and
added
provide reasons for any variances in readiness levels, including changes in funding, availability in parts, training opportunities, and operational demands.
changed
Metrics— in For purposes of the reviews required by this section, the Secretary of Defense shall identify and establish metrics for measuring readiness for the operations covered by subsection (d)—(a). In the first review conducted under this section, the Comptroller General shall evaluate and determine the validity of such metrics.
added
Access to relevant data— For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data, including—
added
any assessments of the ability of the Department of Defense and the Armed Forces to execute operational and contingency plans;
added
any internal Department readiness and force structure assessments; and
added
the readiness databases of the Department and the Armed Forces.
added
Reports—
added
Annual report— Not later than February 28, 2019, and annually thereafter until 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the review conducted under subsection (a) for the year preceding the year during which the report is submitted.
added
Additional reports— At the discretion of the Comptroller General, the Comptroller General may submit to the Committees on Armed Services of the Senate and House of Representatives additional reports addressing specific mission areas within the operations covered by subsection (a) in order to provide an independent assessment of readiness in the areas of equipping, mapping, and training.
removed
in the subsection heading, by striking “assigned mission”;
removed
by striking paragraph (3);
removed
by redesignating paragraphs (2) as paragraph (3); and
removed
by inserting after paragraph (1) the following new paragraph (2):
removed
“(2) A report for the second or fourth quarter of a calendar year under this section shall also include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, air, sea, space, and cyber forces.”
Sec. 333 Surface warfare training improvement
changed
Reviews required—Findings— For each of calendar years 2018 through 2021, the Comptroller General of the United States shall conduct an annual review of the readiness of the Armed Forces to conduct each of Congress makes the following types of full spectrum operations:findings:
changed
Ground.In 2017, there were three collisions and one grounding involving United States Navy ships in the Western Pacific. The two most recent mishaps involved separate incidents of a Japan-based United States Navy destroyer colliding with a commercial merchant vessel, resulting in the combined loss of 17 sailors.
changed
Sea.The causal factors in these four mishaps are linked directly to a failure to take sufficient action in accordance with the rules of good seamanship.
changed
Air.Because risks are high in the maritime environment, there are widely accepted standards for safe seamanship and navigation. In the United States, the International Convention on Standards of Training, Certification and Watchkeeping (hereinafter in this section referred to as the “STCW”) for Seafarers, standardizes the skills and foundational knowledge a maritime professional must have in seamanship and navigation.
changed
Space.Section 568 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2139) endorsed the STCW process and required the Secretary of Defense to maximize the extent to which Armed Forces service, training, and qualifications are creditable toward meeting merchant mariner licenses and certifications.
changed
Cyber.The Surface Warfare Officer Course Curriculum is being modified to include ten individual Go/No Go Mariner Assessments/Competency Check Milestones to ensure standardization and quality of the surface warfare community.
added
The Military-to-Mariner Transition report of September 2017 notes the Army maintains an extensive STCW qualifications program and that a similar Navy program does not exist.
changed
Elements Sense of review—Congress— In conducting a review under subsection (a), It is the Comptroller General shall—sense of Congress that—
changed
use standard methodology the Secretary of the Navy should establish a comprehensive individual proficiency assessment process and reporting formats in order include such an assessment prior to show changes over time;all operational surface warfare officer tour assignments; and
changed
evaluate, using fiscal year 2017 as the base year Secretary of analysis—the Navy should significantly expand the STCW qualifications process to improve seamanship and navigation individual skills training for surface warfare candidates, surface warfare officers, quartermasters and operations specialists to include an increased set of courses that directly correspond to STCW standards.
removed
force structure;
removed
the ability of major operational units to conduct operations; and
removed
the status of equipment, manning, and training; and
removed
provide reasons for any variances in readiness levels, including changes in funding, availability in parts, training opportunities, and operational demands.
changed
Metrics—Report— For purposes of the reviews required by this section, Not later than March 1, 2019, the Secretary of Defense shall identify and establish metrics for measuring readiness for the operations covered by subsection (a). In the first review conducted under this section, the Comptroller General Navy shall evaluate and determine submit to the validity congressional defense committees a report that includes each of such metrics.the following:
added
A detailed description of the surface warfare officer assessments process.
added
A list of programs that have been approved for credit toward merchant mariner credentials.
added
A complete gap analysis of the existing surface warfare training curriculum and STCW.
added
A complete gap analysis of the existing surface warfare training curriculum and the 3rd mate unlimited licensing requirement.
added
An assessment of surface warfare options to complete the 3rd mate unlimited license and the STCW qualification.
removed
Access to relevant data— For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data, including—
removed
any assessments of the ability of the Department of Defense and the Armed Forces to execute operational and contingency plans;
removed
any internal Department readiness and force structure assessments; and
removed
the readiness databases of the Department and the Armed Forces.
removed
Reports—
removed
Annual report— Not later than February 28, 2019, and annually thereafter until 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the review conducted under subsection (a) for the year preceding the year during which the report is submitted.
removed
Additional reports— At the discretion of the Comptroller General, the Comptroller General may submit to the Committees on Armed Services of the Senate and House of Representatives additional reports addressing specific mission areas within the operations covered by subsection (a) in order to provide an independent assessment of readiness in the areas of equipping, mapping, and training.
Sec. 334 Report on optimizing surface Navy vessel inspections and crew certifications
changed
Findings—Report required— Not later than 1 year after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress makes a report on optimizing surface Navy vessel inspections and crew certifications to reduce the following findings:burden of inspection type visits that vessels undergo. Such report shall include—
changed
In 2017, there were three collisions and one grounding involving United States Navy ships in the Western Pacific. The two most recent mishaps involved separate incidents an audit of a Japan-based United States all surface Navy destroyer colliding with a commercial merchant vessel, resulting in the combined loss of 17 sailors.vessel inspections, certifications, and required and recommended assist visits;
changed
The causal factors in these four mishaps are linked directly to a failure to take sufficient action in accordance with the rules an analysis of good seamanship.such inspections, certifications, and visits for redundancies, as well as any necessary items not covered;
changed
Because risks are high in the maritime environment, there are widely accepted standards for safe seamanship recommendations to streamline surface vessel inspections, certifications, and navigation. In the United States, the International Convention on Standards of Training, Certification required and Watchkeeping (hereinafter in this section referred recommended assist visits to as the “STCW”) for Seafarers, standardizes the skills and foundational knowledge a maritime professional must have in seamanship optimize effectiveness, improve material readiness, and navigation.restore training readiness; and
changed
Section 568 of the National Defense Authorization Act recommendations for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2139) endorsed the STCW process and required congressional action to address the Secretary needs of Defense to maximize the extent to which Armed Forces service, training, and qualifications are creditable toward meeting merchant mariner licenses and certifications.Navy as identified in the report.
removed
The Surface Warfare Officer Course Curriculum is being modified to include ten individual Go/No Go Mariner Assessments/Competency Check Milestones to ensure standardization and quality of the surface warfare community.
removed
The Military-to-Mariner Transition report of September 2017 notes the Army maintains an extensive STCW qualifications program and that a similar Navy program does not exist.
changed
Sense of Congress—Congressional briefing— It is Not later than January 31, 2019, the sense Secretary of Congress that—the Navy shall provide to the Senate Committee on Armed Services and the House Committee on Armed Services an interim briefing on the matters to be included in the report required by subsection (a).
removed
the Secretary of the Navy should establish a comprehensive individual proficiency assessment process and include such an assessment prior to all operational surface warfare officer tour assignments; and
removed
the Secretary of the Navy should significantly expand the STCW qualifications process to improve seamanship and navigation individual skills training for surface warfare candidates, surface warfare officers, quartermasters and operations specialists to include an increased set of courses that directly correspond to STCW standards.
removed
Report— Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that includes each of the following:
removed
A detailed description of the surface warfare officer assessments process.
removed
A list of programs that have been approved for credit toward merchant mariner credentials.
removed
A complete gap analysis of the existing surface warfare training curriculum and STCW.
removed
A complete gap analysis of the existing surface warfare training curriculum and the 3rd mate unlimited licensing requirement.
removed
An assessment of surface warfare options to complete the 3rd mate unlimited license and the STCW qualification.
Sec. 335 Report on depot-level maintenance and repair
added The Secretary of Defense, in consultation with the heads of each of the military departments and the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on labor hours and depot maintenance, which shall include—
removed
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress a report on optimizing surface Navy vessel inspections and crew certifications to reduce the burden of inspection type visits that vessels undergo. Such report shall include—
removed
an audit of all surface Navy vessel inspections, certifications, and required and recommended assist visits;
removed
an analysis of such inspections, certifications, and visits for redundancies, as well as any necessary items not covered;
removed
recommendations to streamline surface vessel inspections, certifications, and required and recommended assist visits to optimize effectiveness, improve material readiness, and restore training readiness; and
removed
recommendations for congressional action to address the needs of the Navy as identified in the report.
changed
Congressional briefing— Not later than January 31, 2019, the Secretary amount of the Navy shall provide to the Senate Committee on Armed Services public and the House Committee on Armed Services an interim briefing on the matters to be included private funding of depot-level maintenance and repair (as defined in section 2460 of title 10 United State Code) for the report required Department of Defense, Army, Navy, Marine Corps, Air Force, Special Operations Command, and any other unified command identified by subsection (a).the Secretary, expressed by commodity group by percentage and actual numbers in terms of dollars and direct labor hours;
added
within each category of depot level maintenance and repair for each entities, the amount of the subset of depot maintenance workload that meets the description under section 2464 of title 10, United States Code, that is performed in the public and private sectors by direct labor hours and by dollars;
added
of the subset referred to in paragraph (2), the amount of depot maintenance workload performed in the public and private sector by direct labor hour and by dollars for each entity that would otherwise be considered core workload under such section 2462, but is not considered core because a weapon system or equipment has not been declared a program of record; and
added
the projections for the upcoming future years defense program, including the distinction between the Navy and the Marine Corps for the Department of the Navy, as well as any unified command, including the Special Operations Command.
Sec. 336 Report on personal protective equipment requirements for civil response teams to volcanic activity
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Health and Human Services, the Administrator of the Federal Emergency Management Agency, and the Director of the United States Geological Survey, shall submit to Congress a report on personal protective equipment requirements for civil defense response teams to volcanic activity and civilian communities in the vicinity of active volcanic activity, including protection against sulfur dioxide gas.
removed
The Secretary of Defense, in consultation with the heads of each of the military departments and the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on labor hours and depot maintenance, which shall include—
changed
Transfer of equipment authorized— If the amount Secretary of public and private funding Defense determines that the Department of depot-level maintenance and repair (as defined Defense is in section 2460 possession of title 10 United States Code) excess personal protective equipment that is not needed for the Department of Defense, Army, Navy, Marine Corps, Air Force, Special Operations Command, current and any other unified command identified by future planned operational requirements, the Secretary, expressed by commodity group by percentage Secretary may transfer such excess equipment to State and actual numbers in terms local civil defense agencies upon request from the governor or equivalent official of dollars and direct labor hours;a State.
changed
Definition of State— within each category of depot level maintenance and repair for each entities, In this section, the amount term “State” means each of the subset several States of depot maintenance workload that meets the description under section 2464 of title 10, United States Code, that is performed in States, the public and private sectors by direct labor hours District of Columbia, and by dollars;any territory, commonwealth, or possession of the United States.
removed
of the subset referred to in paragraph (2), the amount of depot maintenance workload performed in the public and private sector by direct labor hour and by dollars for each entity that would otherwise be considered core workload under such section 2464, but is not considered core because a weapon system or equipment has not been declared a program of record; and
removed
the projections for the upcoming future years defense program, including the distinction between the Navy and the Marine Corps for the Department of the Navy, as well as any unified command, including the Special Operations Command.
Sec. 337 Report on wildfire suppression capabilities of active and reserve components
changed
Sense of Congress— It is the sense Sense of Congress that wildfires endanger national security.
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the wildfire suppression capabilities within the active and reserve components of the Armed Forces, including the Modular Airborne Fire Fighting System Program, and interagency cooperation with the Forest Service and the Department of the Interior.
Sec. 338 Report on relocation of steam turbine production from Nimitz-class and Ford-class aircraft carriers, and Virginia-class and Columbia-class submarines
changed
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics Logistics, and the Assistant Secretary of the Navy for Research, Development, Development and Acquisition, shall develop and submit to Congress a report describing the potential impacts on national defense and the manufacturing base resulting from contractors or subcontractors subcontracts relocating steam turbine production for Nimitz-class and Ford-class aircraft carriers carriers, and Virginia-class and Columbia-class submarines. Such report shall address each of the following:
changed
The overall risk of moving production on the our national security of the United States, including the likelihood of production delay or reduction in quality of steam turbines.
changed
The impact on national natural security from a delay in production of aircraft carriers and submarines.
The impacts on regional suppliers the current production of steam turbines draw on and their ability to perform other contracts should a relocation happen.
The impact on the national industrial and manufacturing base and loss of a critically skilled workforce resulting from a relocation of production.
The risk of moving production on total cost of the acquisition.
Sec. 339 Report on Specialized Undergraduate Pilot Training production, resourcing, and locations
removed
removed
In general— Not later than March 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on existing Specialized Undergraduate Pilot Training (SUPT) production, resourcing, and locations.
removed
Elements— The report required under subsection (a) shall include the following elements:
removed
A description of the strategy of the Air Force for utilizing existing SUPT locations to produce the number of pilots the Air Force requires.
removed
The number of pilots that each SUPT location has graduated, by year, over the previous 5 fiscal years.
removed
The forecast number of pilots that each SUPT location will produce for fiscal year 2019.
removed
The maximum production capacity of each SUPT location.
removed
The extent to which existing SUPT installations are operating at maximum capacity in terms of pilot production.
removed
A cost estimate of the resources required for each SUPT location to reach maximum production capacity.
removed
A determination as to whether increasing production capacity at existing SUPT locations will satisfy the Air Force’s SUPT requirement.
removed
A timeline and cost estimation of establishing a new SUPT location.
removed
A discussion of whether the Air Force plans to operate existing SUPT installations at maximum capacity over the future years defense program.
removed
A business case analysis comparing the establishment of a new SUPT location to increasing production capacity at existing SUPT locations.
Sec. 340 Report on Air Force airfield operational requirements
removed
removed
In general— Not later than February 1, 2019, the Secretary of the Air Force shall conduct an assessment and submit to the congressional defense committees a report detailing the operational requirements for Air Force airfields.
removed
Elements— The report required under subsection (a) shall include the following elements:
removed
An assessment of the state of airfields where runway degradation currently poses a threat to operations and airfields where such degradation threatens operations in the next five and ten years.
removed
A description of the operational requirements for airfields, including an assessment of the impact to operations, cost to repair, cost to replace, remaining useful life, and the required daily maintenance to ensure runways are acceptable for full operations.
removed
A description of any challenges with infrastructure acquisition methods and processes.
removed
An assessment of the operational impact in the event a runway were to become inoperable due to a major degradation incident, such as a crack or fracture resulting from lack of maintenance and repair.
removed
A plan to address any shortfalls associated with the Air Force's runway infrastructure.
removed
Form— The report required under subsection (a) shall be in unclassified form but may contain a classified annex as necessary.
Sec. 341 Coast Guard representation on explosive safety board
added Section 172(a) of title 10, United States Code, is amended—
removed
Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on Navy surface ship repair contract costs.
changed
Elements— The report required under subsection (a) shall include, for each private sector maintenance availability for a conventionally-powered Navy surface ship for the prior two completed fiscal years, the following elements:by striking “and Marine Corps” and inserting “Marine Corps, and Coast Guard”; and
added
by adding at the end the following new sentence: “When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board.”.
removed
Name of the ship.
removed
Location of the availability.
removed
Prime contractor performing the availability.
removed
Date of the contract award.
removed
Type of contract used, such as firm-fixed-price or cost-plus-fixed-fee.
removed
Solicitation number.
removed
Number of offers received in response to the solicitation.
removed
Contract target cost at the date of contract award.
removed
Contract ceiling cost of the contract at the date of contract award.
removed
Duration of the availability in days, including start and end dates, at the date of contract award.
removed
Final contract cost.
removed
Final delivery cost.
removed
Actual duration of the availability in days, including start and end dates.
removed
Description of growth work that was added after the contract award, including the associated cost.
removed
Explanation of why the growth work described in paragraph (14) was not included in the scope of work associated with the original contract award.
Sec. 351 Coast Guard representation on explosive safety board
removed
removed
Section 172(a) of title 10, United States Code, is amended—
removed
by striking “and Marine Corps” and inserting “Marine Corps, and Coast Guard”; and
removed
by adding at the end the following new sentence: “When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board.”.
Sec. 352 Transportation to continental United States of retired military working dogs outside the continental United States that are suitable for adoption in the United States
removed
removed
Section 2583(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:
removed
“(3)
removed
“(A) In the case of a military working dog located outside the continental United States at the time of retirement that is suitable for adoption at that time, the Secretary of the military department concerned shall undertake transportation of the dog to the continental United States (including transportation by contract at United States expense) for adoption under this section unless—
removed
“(i) the dog is adopted as described in paragraph (2)(A); or
removed
“(ii) transportation of the dog to the continental United States would not be in the best interests of the dog for medical reasons.
removed
“(B) Nothing in this paragraph shall be construed to alter the preference in adoption of retired military working dogs for former handlers as set forth in subsection (g).”
Sec. 353 Scope of authority for restoration of land due to mishap
removed
removed
Subsection (e) of section 2691 of title 10, United States Code, as added by section 2814 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1849), is amended by adding at the end the following new paragraph:
removed
“(3) The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.”
Sec. 354 Repurposing and reuse of surplus Army firearms
removed
removed
Section 348(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1365) is amended by inserting “shredded or” before “melted and repurposed”.
Sec. 355 Study on phasing out open burn pits
removed
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that includes—
removed
details of any ongoing use of open burn pits; and
removed
the feasibility of phasing out the use of open burn pits by using technology incinerators.
removed
Open burn pit defined— In this section, the term open burn pit means an area of land—
removed
that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and
removed
does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.
Sec. 356 Notification requirements relating to changes to uniform of members of the uniformed services
removed
removed
DLA notification— The Secretary of a military department shall notify the Commander of the Defense Logistics Agency of any plan to implement a change to any uniform or uniform component of a member of the uniformed services. Such notification shall be made not less than three years prior to the implementation of such change.
removed
Contractor notification— The Commander of the Defense Logistics Agency shall notify a contractor when one of the uniformed services plans to make a change to a uniform component that is provided by that contractor. Such a notification shall be made not less than 12 months prior to any announcement of a public solicitation for the manufacture of the new uniform component.
removed
Waiver— If the Secretary of a military department or the Commander of the Defense Logistics Agency determines that the notification requirement under subsection (a) would adversely affect operational safety, force protection, or the national security interests of the United States, the Secretary or the Commander may waive such requirement.
Sec. 357 Reporting on future years budgeting by subactivity group
removed
removed
Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include in the OP-5 Justification Books, as detailed by Department of Defense Financial Management Regulation 7000.14–R, the amount for each individual subactivity group, as detailed in the Department’s future years defense program pursuant to section 221 of title 10, United States Code.
Sec. 358 Limitation on availability of funds for service-specific Defense Readiness Reporting Systems
removed
removed
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for research, development, test, and evaluation or procurement, and available to develop service-specific Defense Readiness Reporting Systems (referred to in this section as “DRRS”) may be made available for such purpose except for required maintenance and in order to facilitate the transition to DRRS-Strategic (referred to in this section as “DRRS-S”).
removed
Plan— Not later than February 1, 2019, the Under Secretary for Personnel and Readiness shall submit to the congressional defense committees a resource and funding plan to include a schedule with relevant milestones on the elimination of service-specific DRRS and the migration of the military services and other organizations to DRRS-S.
removed
Transition— The military services shall complete the transition to DRRS-S not later than October 1, 2019. The Secretary of Defense shall notify the congressional defense committees upon the complete transition of the services.
removed
Reporting requirement—
removed
In general— The Under Secretary for Personnel and Readiness, the Under Secretary for Acquisition and Sustainment, and the Under Secretary for Research and Engineering, in coordination with the Secretaries of the military departments and other organizations with relevant technical expertise, shall establish a working group including individuals with expertise in application or software development, data science, testing, and development and assessment of performance metrics to assess the current process for collecting, analyzing, and communicating readiness data, and develop a strategy for implementing any recommended changes to improve and establish readiness metrics using the current DRRS-Strategic platform.
removed
Elements— The assessment conducted pursuant to paragraph (1) shall include—
removed
identification of modern tools, methods, and approaches to readiness to more effectively and efficiently collect, analyze, and make decision based on readiness data; and
removed
consideration of cost and schedule.
removed
Submission to Congress— Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees the assessment conducted pursuant to paragraph (1).
removed
Defense readiness reporting requirements— To the maximum extent practicable, the Secretary of Defense shall meet defense readiness reporting requirements consistent with the recommendations of the working group established under subsection (d)(1).
Sec. 359 Prioritization of environmental impacts for facilities sustainment, restoration, and modernization demolition
removed
removed
The Secretary of Defense shall establish prioritization metrics for facilities deemed eligible for demolition within the Facilities Sustainment, Restoration, and Modernization (FSRM) process. Those metrics shall include full spectrum readiness and environmental impacts, including the removal of contamination.
Sec. 360 Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan
removed
removed
It is the sense of Congress that—
removed
the Soo Locks in Sault Ste. Marie, Michigan, are of critical importance to the national security of the United States;
removed
the Soo Locks are the only waterway connection from Lake Superior to the Lower Great Lakes and the St. Lawrence Seaway;
removed
only the Poe Lock is of sufficient size to allow for the passage of the largest cargo vessels that transport well over 90 percent of all iron ore mined in the United States, and this lock is nearing the end of its 50-year useful lifespan;
removed
a report issued by the Office of Cyber and Infrastructure Analysis of the Department of Homeland Security concluded that an unscheduled 6-month outage of the Poe Lock would cause—
removed
a dramatic increase in national and regional unemployment; and
removed
75 percent of Great Lakes steel production, and nearly all North American appliance, automobile, railcar, and construction, farm, and mining equipment production to cease;
removed
the Corps of Engineers is reevaluating a past economic evaluation report to update the benefit-to-cost ratio for building a new lock at the Soo Locks; and
removed
the Secretary of the Army and all relevant Federal agencies should—
removed
expedite the completion of the report described in paragraph (5) and ensure the analysis adequately reflects the critical importance of the Soo Locks infrastructure to the national security and economy of the United States; and
removed
expedite all other necessary reviews, analysis, and approvals needed to speed the required upgrades at the Soo Locks.
Sec. 361 U.S. Special Operations Command Civilian Personnel
removed
removed
Notwithstanding section 143 of title 10, United States Code, of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-wide for United States Special Operations Command civilian personnel, not less than $4,000,000 shall be used to fund additional civilian personnel in or directly supporting the office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to support the Assistant Secretary in fulfilling the additional responsibilities of the Assistant Secretary that were added by the amendments to sections 138(b)(4), 139b, and 167 of title 10, United States Code, made by section 922 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).
Sec. 342 Shiloh National Military Park boundary adjustment and Parker's Crossroads Battlefield designation
added
added
Areas To be added to Shiloh National Military Park—
added
Additional areas— The boundary of Shiloh National Military Park is modified to include the areas that are generally depicted on the map entitled “Shiloh National Military Park, Proposed Boundary Adjustment”, numbered 304/80,011, and dated July 2014, as follows:
added
Fallen Timbers Battlefield.
added
Russell House Battlefield.
added
Davis Bridge Battlefield.
added
Acquisition authority— The Secretary may acquire lands described in paragraph (1) by donation, purchase from willing sellers with donated or appropriated funds, or exchange.
added
Administration— Any lands acquired under this section shall be administered as part of the Park.
added
Establishment of affiliated area—
added
In general— Parker’s Crossroads Battlefield in the State of Tennessee is hereby established as an affiliated area of the National Park System.
added
Description— The affiliated area shall consist of the area generally depicted within the Proposed Boundary on the map entitled Parker’s Crossroads Battlefield, Proposed Boundary, numbered 903/80,073, and dated July 2014.
added
Administration— The affiliated area shall be managed in accordance with this section and all laws generally applicable to units of the National Park System.
added
Management entity— The City of Parkers Crossroads and the Tennessee Historical Commission shall jointly be the management entity for the affiliated area.
added
Cooperative agreements— The Secretary may provide technical assistance and enter into cooperative agreements with the management entity for the purpose of providing financial assistance with marketing, marking, interpretation, and preservation of the affiliated area.
added
Limited role of the secretary— Nothing in this section authorizes the Secretary to acquire property at the affiliated area or to assume overall financial responsibility for the operation, maintenance, or management of the affiliated area.
added
General management plan—
added
In general— The Secretary, in consultation with the management entity, shall develop a general management plan for the affiliated area. The plan shall be prepared in accordance with section 100502 of title 54, United States Code.
added
Transmittal— Not later than 3 years after the date that funds are made available for this section, the Secretary shall provide a copy of the completed general management plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
added
Private Property Protection—
added
No use of condemnation— The Secretary may not acquire by condemnation any land or interests in land under this section or for the purposes of this section.
added
Written consent of owner— No non-Federal property may be included in the Shiloh National Military Park without the written consent of the owner.
added
No buffer zone created— Nothing in this section, the establishment of the Shiloh National Military Park, or the management plan for the Shiloh National Military Park shall be construed to create buffer zones outside of the Park. That activities or uses can be seen, heard, or detected from areas within the Shiloh National Military Park shall not preclude, limit, control, regulate, or determine the conduct or management of activities or uses outside of the Park.
added
Definitions— In this section:
added
The term affiliated area means the Parker’s Crossroads Battlefield established as an affiliated area of the National Park System under subsection (b).
added
The term Park means Shiloh National Military Park, a unit of the National Park System.
added
The term Secretary means the Secretary of the Interior.
Sec. 343 Sense of Congress regarding critical minerals
addedadded It is the sense of Congress that the final composition of the critical minerals list, as ordered by Executive Order No. 13817, should include aggregates, copper, molybendum, gold, zinc, nickel, lead, silver, and certain fertilizer compounds in addition to the 35 minerals included in the draft list, as published on February 16, 2018, for public comment.
Sec. 344 Study on phasing out open burn pits
added
added
Study— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a study on the feasibility of phasing out the use of open burn pits by using technology incinerators.
added
Open burn pit defined— In this section, the term “open burn pit” means an area of land—
added
that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and
added
does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.
Sec. 345 Notification requirements relating to changes to military uniform components
added
added
DLA notification— The Secretary of a military department shall notify the Commander of the Defense Logistics Agency of plans to make changes to a service member uniform or service member uniform component. Such notification shall be made not less than three years prior to the uniform change.
added
Contractor notification— The Commander of the Defense Logistics Agency shall notify a contractor when one of the military services plans to make a change to a military uniform component that is provided by that contractor. Such a notification shall be made not less than 12 months prior to any announcement of a public solicitation for the manufacture of the new uniform components.
added
Waiver— If the Secretary of a military department or the Commander of the Defense Logistics Agency determines that the notification requirement under subsection (a) would adversely impact operational safety, force protection, or national security interests of the United States, the secretary or the Commander may waive such requirement.
Sec. 346 Assessment, monitoring, and evaluation of security cooperation
added
added
Assessment, monitoring, and evaluation of security cooperation activities— Of the amount for Operations and Maintenance, Defense-wide made available to the Defense Security Cooperation Agency for fiscal year 2019, not less than $12,000,000 shall be allocated for the assessment, monitoring, and evaluation of security cooperation activities in accordance with section 383 of title 10, United States Code.
added
Limitation on use of funds— Of the amount for Operation and Maintenance, Defense-wide made available to the Department of Defense for fiscal year 2019 for activities under section 333 of title 10, United States Code, not more than 50 percent may be expended until the Secretary presents to Congress a written plan for the expenditure of the amount allocated under subsection (a), including—
added
a description of the activities planned for fiscal year 2019 for the evaluation of security cooperation programs across the security cooperation enterprise, including through chapter 16 of title 10, United States Code, the Afghanistan Security Forces Fund, the Counter-ISIL Fund, the cooperative threat reduction program, and other security cooperation authorities as appropriate; and
added
a description of the activities planned for fiscal year 2019 for the training, support, and organization of the Department to effectively carry out responsibilities under section 383 of title 10, United States Code.
added
Offset— In section 7301 of division G, relating to operation and maintenance, Navy, reduce the amount for administration, Line 510, by $6,000,000.
Sec. 347 Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices in United States Northern Command
added
added
Plan required— Not later than March 1, 2019, the Secretary of Defense shall provide to the congressional defense committees an unclassified plan on how the United States Northern Command will organize a Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices, over the full range of military operations, including—
added
combatant commander’s daily operational requirements on joint mission command of explosive ordnance disposal force planning;
added
protection of the Commander in Chief and critical infrastructures; and
added
immediate response assistance to civil authorities on improvised explosive devices, military munitions, and explosives technical advice provided at the incident scene.
added
Elements— The plan required by subsection (a) shall include each of the following:
added
An identification of the person to whom the commander of the joint task force reports.
added
A description of how the Joint Task Force on Explosive Ordnance Disposal and Countering Improvised Explosive Devices would implement its responsibilities under sections 377, 380, 381, 382 and 383 of title 10 United States Code, and Department of Defense Directives 5111.13 and 5111.18.
added
An example of the standing execution order of the Joint Chiefs that would identify the rotation of tactical units as forces for the Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices during each of fiscal years 2020 through 2025.
added
A description of whether, in leveraging, integrating, and aligning United States Government efforts, the joint task force plans to detail the explosive ordnance disposal qualified liaison personnel of the joint task force to, or host liaison personnel from, or a combination thereof at any of the following:
added
The National Joint Terrorism Task Force.
added
The National Explosives Task Force.
added
The Critical Incident Response Group.
added
The Terrorist Explosive Device Analytical Center.
added
The Bomb Data Center.
added
The National Center for Explosives Training and Research.
added
The Hazardous Devices School.
added
The Office of Bombing Prevention.
Sec. 413 End strengths for military technicians (dual status)
The minimum number of military technicians (dual status) as of the last day of fiscal year 2019 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
For the Army National Guard of the United States, 22,294.
For the Army Reserve, 6,492.
changed
For the Air National Guard of the United States, 15,861.18,969.
For the Air Force Reserve, 8,880.
Sec. 421 Military personnel
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.7401.
Construction of authorization— The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2019.
Sec. 501 Expansion of authority to award constructive service credit for advanced education, experience, or training, upon original appointment as a commissioned officer
changed
Repeal—Active-duty list appointments— Subsection (a) of section 532 Section 533(g) of title 10, United States Code, is amended—
changed
by striking in paragraph (2); and(1)—
added
in the matter preceding subparagraph (A)—
added
by striking “with cyberspace-related experience or advanced education” and inserting “with advanced education, special experience, or special training in a designated field”; and
added
by striking “critically”;
added
in subparagraph (A)—
added
by striking “in a particular cyberspace-related field” and inserting “in such designated field”; and
added
by striking “operational”; and
added
in subparagraph (B)—
added
by striking “in a cyberspace-related field” and inserting “in such designated field”; and
added
by striking “operational”;
changed
by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), striking paragraph (2) and (4), respectively.inserting the following:
added “(2) The amount of constructive service credited an officer under this subsection may not exceed the amount required for the officer to be eligible for an original appointment in the grade of—
added “(A) colonel in the Army, Air Force, or Marine Corps; or
added “(B) captain in the Navy.”
added
by striking paragraph (4) and inserting the following new paragraph:
added “(4) In this subsection, the term “designated field” includes the following:
added “(A) Cyberspace.
added “(B) Any scientific or technical field designated by the Secretary of Defense.
added “(C) Any other field designated by the Secretary of Defense as a field—
added “(i) that requires a high level of skill; and
added “(ii) that an insufficient number of officers possess in the military department concerned.”
changed
Conforming amendment—Reserve active-status list appointments— Such section Section 12207 of such title is further amended by striking subsection (d).amended—
added
in subsection (a)(2), by striking “subsection (b) or (e)” and inserting “subsection (b), (e), or (g)”;
added
in subsection (f), by striking “or (e)” and inserting “(e), or (g)”;
added
by redesignating subsection (g) as subsection (h); and
added
by inserting after subsection (f) the following new subsection (g):
added “(g)
added “(1) Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers serving on the reserve active-status list in an armed force under the jurisdiction of such Secretary with advanced education, special experience, or special training in a designated field is below the number needed, such Secretary may credit any person receiving an original appointment with a period of constructive service for the following:
added “(A) Any period of advanced education in such designated field beyond the baccalaureate degree level if such advanced education is directly related to the needs of the armed force concerned.
added “(B) Special experience or special training in such designated field if such experience or training is directly related to the needs of the armed force concerned.
added “(2) The amount of constructive service credited an officer under this subsection may not exceed the amount required for the officer to be eligible for an original appointment in the grade of—
added “(A) colonel in the Army, Air Force, or Marine Corps; or
added “(B) captain in the Navy.
added “(3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.
added “(4) In this subsection, the term “designated field” means any of the following:
added “(A) Cyberspace.
added “(B) Any scientific or technical field designated by the Secretary of Defense.
added “(C) Any other field designated by the Secretary of Defense as a field—
added “(i) that requires a high level of skill; and
added “(ii) that an insufficient number of officers possess in the military department concerned.”
removed
Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date.
Sec. 502 Surface warfare officers career paths
added
In general— Chapter 602 of title 10, United States Code, is amended by adding at the end the following new section:
added “6933. Surface warfare officers: career paths
added “Any naval officer who is commissioned as a surface warfare officer on or after January 1, 2021, shall be assigned to one of the following career paths:
added “(1) Ship engineering systems.
added “(2) Ship operations and combat systems.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
removed
Regular officers—
removed
In general— Subsection (b) of section 533 of title 10, United States Code, is amended—
removed
in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):
removed
“(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”
removed
in paragraph (2)—
removed
by striking “Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of a medical or dental officer, the amount” and inserting “The amount”; and
removed
by striking “in the grade of major in the Army, Air Force, or Marine Corps or lieutenant commander in the Navy” and inserting “in the grade of colonel in the Army, Air Force, or Marine Corps or captain in the Navy”.
removed
Repeal of temporary authority for service credit for critically necessary cyberspace-related experience— Such section is further amended—
removed
in subsections (a)(2) and (c), by striking “or (g)”; and
removed
by striking subsection (g).
removed
Reserve officers—
removed
In general— Subsection (b) of section 12207 of title 10, United States Code, is amended—
removed
in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):
removed
“(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”
removed
by striking paragraph (3) and inserting the following new paragraph (3):
removed
“(3) The amount of constructive service credit credited to an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of colonel or as a reserve officer of the Navy in the grade of captain.”
removed
Repeal of temporary authority for service credit for critically necessary cyberspace-related experience— Such section is further amended—
removed
by striking subsection (e);
removed
by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and
removed
in subsection (e), as redesignated by subparagraph (B), by striking “, (d), or (e)” and inserting “or (d)”.
Sec. 503 Authority of selection boards to recommend officers of particular merit be placed at the top of the promotion list
added
Recommendation by selection board— Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection (g):
added “(g)
added “(1) A selection board may recommend an officer of particular merit from among officers recommended for promotion under subsection (a) to be placed at the top of a promotion list established by the Secretary of the military department concerned under section 624(a)(1) of this title.
added “(2) A selection board may make a recommendation under this subsection only if such recommendation is appropriate in the opinion of a majority of the members of the selection board.
added “(3) A selection board may make recommendations under this subsection for no more than the number equal to 20 percent of the maximum number of officers that the board is authorized to recommend for promotion. If the number determined under this paragraph is less than one, the board may recommend one such officer.
added “(4) A selection board that recommends under this subsection that more than one officer be placed at the top of a promotion list shall recommend the order in which such officers should be promoted.”
added
Action by Secretary concerned on recommendation of selection board— Section 618(a) of such title is amended—
removed
Standardized temporary promotion authority—
removed
In general— Chapter 35 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant
removed
“(a) In general—An officer in the grade of first lieutenant, captain, major, or lieutenant colonel in the Army, Air Force, or Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant commander, or commander in the Navy, who is described in subsection (b) may be temporarily promoted to the grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the Secretary of the military department concerned. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.
removed
“(b) Covered officers—An officer described in this subsection is any officer in a grade specified in subsection (a) who—
removed
“(1) has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the Secretary of the military department concerned); and
removed
“(2) is serving in a position (as determined by the Secretary of the military department concerned) that—
removed
“(A) is designated to be held by a captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and
removed
“(B) requires that an officer serving in such position have the skill possessed by such officer.
removed
“(c) Preservation of position and status of officers appointed—An appointment under this section does not change the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.
removed
“(d) Board recommendation required—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the military department concerned for the purpose of recommending officers for such promotions.
removed
“(e) Acceptance and effective date of appointment—Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section from the date the appointment is made.
removed
“(f) Termination of appointment—Unless sooner terminated, an appointment under this section terminates—
removed
“(1) on the date the officer who received the appointment is promoted to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy; or
removed
“(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the officer is promoted to that grade.
removed
“(g) Limitation on number of eligible positions—An appointment under this section may only be made for service in a position designated by the Secretary of the military department concerned for the purposes of this section. The number of positions so designated may not exceed the following:
removed
“(1) In the case of the Army—
removed
“(A) as captain, 120;
removed
“(B) as major, 350;
removed
“(C) as lieutenant colonel, 200; and
removed
“(D) as colonel, 100.
removed
“(2) In the case of the Air Force—
removed
“(A) as captain, 100;
removed
“(B) as major, 325;
removed
“(C) as lieutenant colonel, 175; and
removed
“(D) as colonel, 80.
removed
“(3) In the case of the Marine Corps—
removed
“(A) as captain, 50;
removed
“(B) as major, 175;
removed
“(C) as lieutenant colonel, 100; and
removed
“(D) as colonel, 50.
removed
“(4) In the case of the Navy—
removed
“(A) as lieutenant, 100;
removed
“(B) as lieutenant commander, 325;
removed
“(C) as commander, 175; and
removed
“(D) as captain, 80.”
removed
Clerical amendment— The table of sections at the beginning of chapter 35 of such title is amended by adding at the end the following new item:
removed
Repeal of superseded authority applicable to Navy lieutenants—
removed
Repeal— Chapter 544 of title 10, United States Code, is repealed.
changed
Clerical amendments— The tables of chapters at the beginning of title 10, United States Code, and at the beginning of subtitle C of such title, are each amended by striking the item relating “to law or regulation or to chapter 544.guidelines” and inserting “to law, regulation, or guidelines” each place it appears;
added
by inserting “or, in the case of a recommendation under section 616(g) of this title, the determination of the Secretary concerned” after “section 615(b) of this title” each place it appears; and
added
in paragraph (2), by striking “law, regulation, and such guidelines” and inserting “law, regulation, such guidelines, and the determination of the Secretary concerned,”.
added
Priority in promotion list— Section 624(a)(1) of such title is amended by inserting “, subject to section 616(g) of this title” after “active-duty list”.
Sec. 504 Deferred deployment for members who give birth
added Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(l) A member of the armed forces who gives birth may not be deployed during the period of 12 months beginning on the date of such birth except—
added “(1) at the election of such member; and
added “(2) with the approval of a health care provider employed at a military medical treatment facility.”
removed
In general— Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection:
removed
“(g)
removed
“(1) In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title.
removed
“(2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 615 of this title.
removed
“(3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those officers should be placed on the list.”
removed
Promotion selection board reports recommending officers of particular merit be placed higher on promotion list— Section 617 of such title is amended by adding at the end the following new subsection:
removed
“(d) A selection board convened under section 611(a) of this title shall, when authorized under section 616(g) of this title, include in its report to the Secretary concerned the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.”
removed
Officers of particular merit appearing higher on promotion list— Section 624(a)(1) of such title is amended in the first sentence by adding at the end “or based on particular merit, as determined by the promotion board”.
Sec. 505 Codification of lowered grade for retired officers or persons who committed misconduct in a lower grade
changed
Active-Duty list officers—In general— Section 619 Subsection (b) of section 1370 of title 10, United States Code, is amended—
changed
in subsection (d), by adding at the end the following new paragraph:heading, by striking “next”;
removed
“(6) An officer excluded under subsection (e).”
changed
by adding at the end the following new subsection:striking “An” and inserting “(1) An”; and
removed
“(e) Authority To allow officers To opt out of selection board consideration
removed
“(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade.
removed
“(2) The Secretary concerned may only approve a request under paragraph (1) if—
removed
“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;
removed
“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and
removed
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
removed
Reserve active-Status list officers— Section 14301 of such title is amended—
removed
in subsection (c)—
removed
in the subsection heading, by striking “Previously selected officers not eligible” and inserting “Certain officers not”; and
renumbered
was (3)(3)(3)
by adding at the end the following new paragraph:
added “(2) In the case of an officer or person whom the Secretary concerned determines committed misconduct in a lower grade, the Secretary concerned may determine the officer or person has not served satisfactorily in any grade equal to or higher than that lower grade.”
added
Conforming amendments— Such section is amended—
added
in subsection (a)(1)—
added
by striking “higher” and inserting “different”; and
added
by striking “except as provided in paragraph (2)” and inserting “subject to paragraph (2) and subsection (b)”;
removed
“(6) An officer excluded under subsection (j).”
changed
in subsection (c)(1), by adding at the end the following new subsection:striking “An officer” and inserting “Subject to subsection (b), an officer”; and
added
in subsection (d)(1)—
added
by striking “higher” each place it appears and inserting “different”; and
added
by inserting “, subject to subsection (b),” before “shall”.
removed
“(j) Authority To allow officers To opt out of selection board consideration
removed
“(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade.
removed
“(2) The Secretary concerned may only approve a request under paragraph (1) if—
removed
“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;
removed
“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and
removed
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
Sec. 506 Retention of military technicians who lose dual status under certain circumstances
changed
Section 637a(a) 10216(g) of title 10, United States Code, is amended—
changed
in paragraph (1), by striking “grade O–4” “as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained” and inserting “grade O–2”; and“for any reason other than a disqualification described in subparagraph (B), the Secretary shall appoint that person to a position under section 3101 of title 5, in accordance with section 2102(a) of that title,”;
changed
in paragraph (1)(A), by inserting “632,” before “633,”.striking “the combat-related”; and
added
by striking paragraph (3).
Sec. 507 Demonstration program on accession of candidates with auditory impairments as Air Force officers
added
Demonstration program required— Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments (including deafness) to access as officers of the Air Force.
removed
Alternative promotion authority—
removed
In general— Chapter 36 of title 10, United States Code, is amended by adding at the end the following new subchapter:
removed
“VI Alternative Promotion Authority for Officers in Designated Competitive Categories
removed
“649a. Officers in designated competitive categories
removed
“(a) Authority To designate competitive categories of officers—Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 621 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on active duty shall be subject to the provisions of this subchapter.
removed
“(b) Limitation on exercise of authority—The Secretary of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:
removed
“(1) A detailed description of officer requirements for officers within the competitive category.
removed
“(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.
removed
“(3) An estimate of the size of the promotion zone for each grade within the competitive category.
removed
“(4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this subchapter.
removed
“649b. Selection for promotion
removed
“(a) In general—Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter.
removed
“(b) No recommendation for promotion of officers below promotion zone—Section 616(b) of this title shall not apply to the selection for promotion of officers described in subsection (a).
removed
“(c) Recommendation for officers To be excluded from future consideration for promotion—In making recommendations pursuant to section 616 of this title for purposes of the administration of this subchapter, a selection board convened under section 611(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.
removed
“649c. Eligibility for consideration for promotion
removed
“(a) In general—Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title.
removed
“(b) Inapplicability of certain time-in-grade requirements—Paragraphs (2) through (4) of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).
removed
“(c) Inapplicability to officers above and below promotion zone—The following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):
removed
“(1) The reference in paragraph (1) of that section to an officer above the promotion zone.
removed
“(2) Paragraph (2)(A) of that section.
removed
“(d) Ineligibility of certain officers—The following officers are not eligible for promotion under this subchapter:
removed
“(1) An officer described in section 619(d) of this title.
removed
“(2) An officer not included within the promotion zone.
removed
“(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title.
removed
“(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.
removed
“649d. Opportunities for consideration for promotion
removed
“(a) Specification of number of opportunities for consideration for promotion—In designating a competitive category of officers pursuant to section 649a of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.
removed
“(b) Limited authority of Secretary of military department to modify number of opportunities—The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years.
removed
“(c) Discretionary authority of Secretary of Defense to modify number of opportunities—The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.
removed
“(d) Limitation on number of opportunities specified—The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
removed
“(e) Effect of certain reduction in number of opportunities specified—If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
removed
“649e. Promotions
removed
“Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this subchapter.
removed
“649f. Failure of selection for promotion
removed
“(a) In general—Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter.
removed
“(b) Inapplicability of failure of selection for promotion to officers above promotion zone—The reference in section 627 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
removed
“(c) Special selection board matters—The reference in section 628(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
removed
“(d) Effect of failure of selection—In the administration of this subchapter pursuant to subsection (a)—
removed
“(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 649d of this title; and
removed
“(2) any reference in section 631(a) or 632(a) of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 649d.
removed
“649g. Retirement: retirement for years of service; selective early retirement
removed
“(a) Retirement for years of services—Sections 633 through 636 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this subchapter.
removed
“(b) Selective early retirement—Sections 638 and 638a of this title shall apply to the retirement of officers described in subsection (a).
removed
“649h. Continuation on active duty
removed
“(a) In general—An officer subject to discharge or retirement pursuant to this subchapter may, subject to the needs of the service, be continued on active duty if the officer is selected for continuation on active duty in accordance with this section by a selection board convened under section 611(b) of this title.
removed
“(b) Identification of positions for officers continued on active duty
removed
“(1) In general—Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions identified by the Secretary of the military department concerned for which vacancies exist or are anticipated to exist.
removed
“(2) Identification—Before convening a selection board pursuant to section 611(b) of this title for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military department concerned shall specify for purposes of the board the positions identified by the Secretary to which officers selected for continuation on active duty may be assigned.
removed
“(c) Recommendation for continuation—A selection board may recommend an officer for continuation on active duty pursuant to this section only if the board determines that the officer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions.
removed
“(d) Approval of Secretary of military department—Continuation of an officer on active duty under this section pursuant to the action of a selection board is subject to the approval of the Secretary of the military department concerned.
removed
“(e) Nonacceptance of continuation—An officer who is selected for continuation on active duty pursuant to this section, but who declines to continue on active duty, shall be discharged or retired, as appropriate, in accordance with section 632 of this title.
removed
“(f) Period of continuation
removed
“(1) In general—An officer continued on active duty pursuant to this section shall remain on active duty, and serve in the position to which assigned (or in another position to which assigned with the approval of the Secretary of the military department concerned), for a total of not more than three years after the date of assignment to the position to which first so assigned.
removed
“(2) Additional continuation—An officer whose continued service pursuant to this section would otherwise expire pursuant to paragraph (1) may be continued on active duty if selected for continuation on active duty in accordance with this section before the date of expiration pursuant to that paragraph.
removed
“(g) Effect of expiration of continuation—Each officer continued on active duty pursuant to this subsection who is not selected for continuation on active duty pursuant to subsection (f)(2) at the completion of the officer's term of continued service shall, unless sooner discharged or retired under another provision of law—
removed
“(1) be discharged upon the expiration of the term of continued service; or
removed
“(2) if eligible for retirement under another other provision of law, be retired under that law on the first day of the first month following the month in which the officer completes the term of continued service.
removed
“(h) Treatment of discharge or retirement—The discharge or retirement of an officer pursuant to this section shall be considered to be an involuntary discharge or retirement for purposes of any other provision of law.
removed
“649i. Continuation on active duty: officers in certain military specialties and career tracks
removed
“In addition to continuation on active duty provided for in section 649h of this title, an officer to whom section 637a of this title applies may be continued on active duty in accordance with the provisions of such section 637a.
removed
“649j. Other administrative authorities
removed
“(a) In general—The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this subchapter:
removed
“(1) Section 638b, relating to voluntary retirement incentives.
removed
“(2) Section 639, relating to continuation on active duty to complete disciplinary action.
removed
“(3) Section 640, relating to deferment of retirement or separation for medical reasons.
removed
“649k. Regulations
removed
“The Secretary of Defense shall prescribe regulations regarding the administration of this subchapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other subchapters of this chapter shall be used in the administration of this subchapter in accordance with the provisions of this subchapter.”
removed
Clerical amendment— The table of subchapters at the beginning of chapter 36 of such title is amended by adding at the end the following new item:
changed
Report—Candidates—
changed
In general—Number of candidates— Not later than 180 days after the date of the enactment of this Act, the Secretary The total number of Defense shall, in consultation individuals with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the authorities auditory impairments who may participate in subchapter VI of chapter 36 of title 10, United States Code (as added by subsection (a)).the demonstration program shall be not fewer than 15 individuals or more than 20 individuals.
changed
Elements—Mix and range of auditory impairments— The report individuals who participate in the demonstration program shall include the following:individuals who are deaf and individuals who have a range of other auditory impairments.
added
Qualification for accession— Any individual who is chosen to participate in the demonstration program shall meet all essential qualifications for accession as an officer in the Air Force, other than those related to having an auditory impairment.
added
Selection of participants—
added
In general— The Secretary of the Air Force shall—
added
publicize the demonstration program nationally, including to individuals who have auditory impairments and would be otherwise qualified for officer training;
added
create a process whereby interested individuals can apply for the demonstration program; and
added
select the participants for the demonstration program, from among the pool of applicants, based on the criteria in subsection (b).
added
No prior service as air force officers— Participants selected for the demonstration program shall be individuals who have not previously served as officers in the Air Force.
added
Basic officer training—
added
In general— The participants in the demonstration program shall undergo, at the election of the Secretary of the Air Force, the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama.
added
Number of participants— Once individuals begin participating in the demonstration program, each Basic Officer Training course or Commissioned Officer Training course at Maxwell Air Force Base, Alabama, shall include not fewer than 4, or more than 6, participants in the demonstration program until all participants have completed such training.
added
Auxiliary aids and services— The Secretary of Defense shall ensure that participants in the demonstration program have the necessary auxiliary aids and services (as that term is defined in section 4 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12103)) in order to fully participate in the demonstration program.
added
Coordination—
added
Special advisor— The Secretary of the Air Force shall designate a special advisor to the demonstration program to act as a resource for participants in the demonstration program, as well as a liaison between participants in the demonstration program and those providing the officer training.
added
Qualifications— The special advisor shall be a member of the Armed Forces on active duty—
added
who—
added
if a commissioned officer, shall be in grade O–3 or higher; or
added
if an enlisted member, shall be in grade E–5 or higher; and
added
who is knowledgeable about issues involving, and accommodations for, individuals with auditory impairments (including deafness).
added
Responsibilities— The special advisor shall be responsible for facilitating the officer training for participants in the demonstration program, intervening and resolving issues and accommodations during the training, and such other duties as the Secretary of the Air Force may assign to facilitate the success of the demonstration program and participants.
added
Report— Not later than 2 years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the appropriate committees of Congress a report on the demonstration program. The report shall include the following:
added
A description of the demonstration program and the participants in the demonstration program.
added
The outcome of the demonstration program, including—
added
the number of participants in the demonstration program that successfully completed the Basic Officer Training course or the Commissioned Officer Training course;
added
the number of participants in the demonstration program that were recommended for continued military service;
added
the issues that were encountered during the program; and
added
such recommendation for modifications to the demonstration program as the Secretary considers appropriate to increase further inclusion of individuals with auditory disabilities serving as officers in the Air Force or other Armed Forces.
added
Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the demonstration program.
added
Appropriate committees of Congress defined— In this section, the term “appropriate committees of Congress” means—
added
the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and
added
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
removed
A detailed analysis and assessment of the manner in which the exercise of the authorities in subchapter VI of chapter 36 of title 10, United States Code (as so added), will effect the career progression of commissioned officers in the Armed Forces.
removed
A description of the competitive categories of officers that are anticipated to be designated as competitive categories of officers for purposes of such authorities.
removed
A plan for implementation of such authorities.
removed
Such recommendations for legislative or administrative action as the Secretary of Defense considers appropriate to improve or enhance such authorities.
Sec. 508 Report on rate of maternal mortality among members of the Armed Forces
added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.
removed
In general— Chapter 41 of title 10, United States Code, is amended by inserting before section 716 the following new section:
removed
“715. Attending Physician to the Congress: grade
removed
“A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).”
removed
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 716 the following new item:
Sec. 509 Grades of Chiefs of Chaplains
added
Army— Section 3073 of title 10, United States Code, is amended—
removed
Conditional determinations of grade of satisfactory service—
removed
In general— Subsection (a)(1) of section 1370 of title 10, United States Code, is amended by adding at the end the following new sentences: “When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).”.
changed
Officers in O–9 and O–10 grades— Subsection (c) of such section is amended by adding at the end the following new paragraph:inserting “(a)” before “There”; and
removed
“(4) The Secretary of Defense may make a conditional certification regarding satisfactory service in grade under paragraph (1) with respect to an officer under that paragraph notwithstanding the fact that there is pending the disposition of an adverse personnel action against the officer for alleged misconduct. The retired grade of an officer following such a conditional certification is subject to resolution under subsection (b)(3).”
changed
Reserve officers— Subsection (d)(1) of such section is amended by adding at the end ends the following new sentences: “When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3).”.subsection:
added “(b) The Chief of Chaplains, while so serving, holds the grade of major general.”
added
Navy— Section 5142 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(e) The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half).”
removed
Codification of lowered grade for retired officers or persons who committed misconduct in a lower grade—
removed
In general— Subsection (b) of such section is amended—
removed
in the heading, by striking “next”;
removed
by inserting “(1)” before “An”; and
removed
by adding at the end the following new paragraphs:
removed
“(2) In the case of an officer or person whom the Secretary concerned determines committed misconduct in a lower grade, the Secretary concerned may determine the officer or person has not served satisfactorily in any grade equal to or higher than that lower grade.
removed
“(3) A determination or certification of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings. If the retired grade of an officer is reduced, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction in retired grade.”
removed
Conforming amendments— Such section is amended—
removed
in subsection (a)(1)—
removed
by striking “higher” and inserting “different”; and
removed
by striking “except as provided in paragraph (2)” and inserting “subject to paragraph (2) and subsection (b)”;
removed
in subsection (c)(1), by striking “An officer” and inserting “Subject to subsection (b), an officer”; and
removed
in subsection (d)(1)—
removed
by striking “higher” each place it appears and inserting “different”; and
removed
by inserting “, subject to subsection (b),” before “shall”.
changed
Finality of retired grade determinations—Air Force— Such section Section 8039 of title 10, United States Code, is further amended by adding at the end the following new subsection:
changed
“(f) Finality “(c) Grade of retired Chief of Chaplains—The Chief of Chaplains, while so serving, holds the grade determinationsof major general.”
removed
“(1) Except as otherwise provided by law, a determination or certification of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened.
removed
“(2) A determination or certification of the retired grade of an officer may be reopened as follows:
removed
“(A) If the retirement or retired grade of the officer was procured by fraud.
removed
“(B) If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section if known by competent authority at the time of retirement.
removed
“(C) If a mistake of law or calculation was made in the determination of the retired grade.
removed
“(D) In the case of a retired grade following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings.
removed
“(E) If the Secretary concerned determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination or certification.
removed
“(3) If a determination or certification of the retired grade of an officer is reopened, the Secretary concerned—
removed
“(A) shall notify the officer of the reopening; and
removed
“(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis of the reopening.
removed
“(4) If a certification of the retired grade of an officer covered by subsection (c) is reopened, the Secretary concerned shall also notify the President and Congress of the reopening.
removed
“(5) If the retired grade of an officer is reduced through the reopening of the officer's retired grade, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer's retired grade.”
Sec. 510 Grades of Chiefs of Chaplains
removed
removed
Army— Section 3073 of title 10, United States Code, is amended—
removed
by inserting “(a)” before “There”; and
removed
by adding at the end the following new subsection:
removed
“(b) The Chief of Chaplains, while so serving, holds the grade of major general.”
removed
Navy— Section 5142 of title 10, United States Code, is amended by adding at the end the following new subsection:
removed
“(e) The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half).”
removed
Air Force— Section 8039 of title 10, United States Code, is amended by adding at the end the following new subsection:
removed
“(c) Grade of Chief of Chaplains—The Chief of Chaplains, while so serving, holds the grade of major general.”
Sec. 511 Placement of National Guard military technicians (dual status) in the competitive service
added Section 10508 of title 10, United States Code, is amended—
removed
In general— Section 3310 of title 10, United States Code, is repealed.
changed
Clerical amendment— The table of sections at the beginning of chapter 335 of such title is amended in subsection (b)(1), by striking the item relating to section 3310.“sections 2103” and inserting “sections 2102”; and
added
by adding at the end the following:
added “(c) Treatment of military technician (dual status)
added “(1) Prior conversions—Not later than 30 days after the date of enactment of this subsection, the Chief of the National Guard Bureau shall convert any military technician (dual status) occupying a position in the excepted service to a position in the competitive service. For purposes of this paragraph, the term “military technician (dual status)” means any military technician (dual status) of the National Guard of any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands who, before the date of enactment of this subsection, was converted to a position in the excepted service by operation of this section and section 1053 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 981; 10 U.S.C. 10216 note).
added “(2) Future conversions—Any military technician (dual status) of the National Guard of any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands converted under this section and such section 1053 after the date of enactment of this subsection to a position filled by individuals who are employed under section 3101 of title 5 shall be converted to a position in the competitive service.
added “(3) Definitions—In this subsection—
added “(A) the term “competitive service” has the meaning given that term in section 2102 of title 5; and
added “(B) the term “excepted service” has the meaning given that term in section 2103 of such title.”
Sec. 512 Authorized strength and distribution in grade
added
Strength and grade authorizations— Section 12011(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:
added
Strength and grade authorizations— Section 12012(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:
removed
Section 5589(d) of title 10, United States Code, is amended by striking “10 years” and inserting “8 years”.
Sec. 513 National Guard Promotion Accountability
added
Short title— This section may be cited as the “National Guard Promotion Accountability Act”.
added
Date of rank of commissioned National Guard officers promoted to a higher grade—
added
In general— Section 14308(f) of title 10, United States Code, is amended—
added
by inserting “(1)” before “The effective date”;
added
in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking “on which such Federal recognition in that grade is so extended” and inserting “of the approval of the promotion of the officer to that grade by the State concerned”; and
added
by adding at the end the following new paragraph:
added “(2)
added “(A) Notwithstanding subsection (c)(1), the date of rank in a higher grade of an officer whose effective date of promotion to such grade is governed by paragraph (1) shall be such effective date of promotion.
added “(B) The specification of the date of rank of an officer in a grade pursuant to subparagraph (A) shall be deemed an adjustment of the date of rank of the officer to that grade in the manner of section 741(d)(4) of this title, pursuant to subsection (c)(2), to which section 741(d)(4)(C) of this title shall apply, notwithstanding subsection (c)(3).”
added
Effective date— The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to National Guard officers whose promotion to a grade is approved by a State after that date.
added
Notice to Congress on delay in publication of scrolls indicating promotion of commissioned National Guard officers—
added
Notice required— If at the end of the 200-day period beginning on the receipt by the Department of the Army or the Department of the Air Force of a scroll indicating the promotion of commissioned officers in the Army National Guard or Air National Guard, as applicable, the scroll has not been published by the military department concerned, the Secretary of the Army or the Secretary of the Air Force, as the case may be, shall immediately notify the congressional defense committees, in writing, of the following:
added
The date on which the scroll was so received.
added
A description of the processing of the scroll by the military department concerned as of the date of the report, including a statement of the length of time in processing at each stage in the process through that date.
added
The reason why the scroll was not published within 200 days of receipt, and the intended remediation for the delay in publication.
added
Definitions— In this subsection:
added
The term congressional defense committees has the meaning given such term in section 101(a)(16) of title 10, United States Code.
added
The term scroll has the meaning given that term in Department of Defense Instruction 1310.02, and any successor instruction or document.
removed
Section 14301 of title 10, United States Code, as amended by section 505, is further amended by adding at the end the following new subsection:
removed
“(k) Certain officers not to be considered for selection for promotion—The Secretary of the military department concerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such officer may remain on the reserve active-status list.”
Sec. 514 Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters
added Section 514 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
removed
GAO review— The Comptroller General of the United States shall conduct a review of Navy surface warfare career paths.
changed
Elements— The review under in subsection (a) shall include the following:(d), by striking “2020” and inserting “2021”; and
removed
A description of current and previous career paths for officers in the regular and reserve components of the Navy that are related to surface warfare, including career paths for—
removed
unrestricted line officers;
removed
limited duty officers;
removed
engineering duty officers; and
removed
warrant officers.
removed
Any prior study that examined career paths described in paragraph (1).
removed
The current and historical personnel levels (fit/fill rates) and deployment tempos aboard naval vessels for each of the career paths described in paragraph (1).
removed
A comparison of the career paths of surface warfare officers with the career paths of surface warfare officers of foreign navies including—
removed
initial training;
removed
follow-on training;
removed
career milestones;
removed
qualification standards; and
removed
watch standing requirements.
removed
Any other matter the Comptroller General determines appropriate.
changed
Deadlines— Not later than March 1, 2019, the Comptroller General shall brief the congressional defense committees on the preliminary findings of the study under this section. The Comptroller General shall submit a final report to the congressional defense committees as soon as practicable after such briefing.in subsection (f), by striking “2019” and inserting “2020”.
Sec. 515 National Guard Youth Challenge Program
added Section 509(k) of title 32, United States Code, is amended—
removed
Strength and grade authorizations— Section 12011(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:
changed
Strength and grade authorizations— Section 12012(a) of title 10, United States Code is amended in the heading, by striking those parts of the table pertaining to the Air National Guard “Report” and inserting the following:“Reports”;
added
by striking “Within” and inserting “(1) Not later than”; and
added
by adding at the end the following new paragraph:
added “(2) Not later than 120 days after the end of each fiscal year, the Secretary of Defense shall evaluate the pilot Jobs ChalleNGe Programs and submit a report of findings and recommendations to Congress.”
Sec. 516 National Guard Youth Challenge Program
changed
Section 10302 509(h) of title 10, 32, United States Code, is amended—
changed
in subsection (b), by striking “not on active duty” each place it appears; redesignating paragraph (2) as paragraph (4); and
changed
in subsection (c)—by inserting after paragraph (1) the following new paragraphs:
added “(2) Equipment and facilities of the United States may be transferred to the National Guard for purposes of carrying out the Program.
added “(3) Equipment and facilities of a State, county, or local government entity may be transferred to the National Guard for purposes of carrying out the Program.”
removed
by inserting “of the reserve components” after “among the members”; and
removed
by striking “not on active duty”.
Sec. 517 Use of National Guard in case of a major disaster or request from a State governor
changed
Section 10508(b)(1) of title 10, United States Code, is amended by striking “sections 2103,” and all that follows through “of title 32,” and inserting “sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 The President shall order members of title 5, the National Guard in a State to full-time National Guard duty or active Guard and Reserve duty under section 328 502(f) of title 32,”.32, United States Code, if—
added
the Governor of the State requests such an order; and
added
the President declares that a major disaster exists—
added
in that State and one or more other States is participating in the response to the disaster; or
added
in two States described in subparagraph (A) because of the same event.
Sec. 518 Funding of National Guard in case of a major disaster or emergency declared under the Stafford Act
added Section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)) is amended—
removed
In general— Section 14308(f) of title 10, United States Code, is amended—
removed
by inserting “(1)” before “The effective date of promotion”; and
removed
by adding at the end the following new paragraph:
removed
“(2) If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion.”
changed
Effective date— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to promotions of officers whose State effective date is on or after that date.redesignating paragraph (6) as paragraph (7); and
added
by inserting after paragraph (5) the following new paragraph (6):
added “(6) National Guard—The President may make contributions to a State or local government for the purpose of reimbursing the Department of Defense for expenditures that arise from use of members of the National Guard and Reserve under section 502(f) of title 32, United States Code, to respond to a major disaster declared by the President under section 401 of this Act.”
Sec. 519 Pilot program for EOD-qualified members of the Army National Guard to support civil authorities
added
Pilot program authorized— The Secretary of the Army may carry out a pilot program under which EOD-qualified members of the Army National Guard may conduct planning and immediate response defense support to civil authorities.
removed
Section 509(h) of title 32, United States Code, is amended—
changed
Objectives— by redesignating paragraph (2) as paragraph (3); andThe Secretary of the Army shall design a pilot program conducted under this section to determine the following:
added
The feasibility and effectiveness of establishing program described in subsection (a).
added
The merits of using EOD-qualified members of the Army National Guard on full-time National Guard duty versus such members on active duty for such a pilot program.
added
The need for legislative authority to conduct such a pilot program.
added
The costs to make such a pilot program permanent.
changed
Consultation— by inserting after paragraph (1) In developing a pilot program under this section, the following new paragraph:Secretary of the Army shall consult with the Commanders of the United States Northern Command and United States Pacific Command regarding—
added
defeating sustained bombings in the United States, including the territories and possessions;
added
plans for EOD defense support of designated national special security events;
added
plans for EOD defense support of the national response framework activities of the Departments of Justice and Homeland Security;
added
EOD immediate response for recovery of Department of Defense munitions off-installation; and
added
EOD immediate response in support of civilian law enforcement agencies.
added
Authority for pay and allowances— The Secretary of Defense may, subject to appropriations, make funds available to fund pay, allowances, travel, training, operations, and maintenance costs for members of the Army National Guard who participate in the pilot program.
added
Commencement; duration— The Secretary of the Army may commence a pilot program under this section on or after January 1, 2019. All activities under such a pilot program shall terminate no later than December 31, 2023.
added
Report— If the Secretary of the Army carries out a pilot program under this section, the Secretary shall submit to the congressional defense committees a report containing an evaluation of the pilot program, including determinations described in subsection (b), not later than January 1, 2021.
added
EOD defined— In this section, the term “EOD” means explosive ordnance disposal.
removed
“(2) Equipment and facilities of the Department of Defense may be used by the National Guard for purposes of carrying out the Program.”
Sec. 520 Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters
removed
removed
Section 514 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
removed
in subsection (d), by striking “2020” and inserting “2021”; and
removed
in subsection (f), by striking “2019” and inserting “2020”.
Sec. 521 Enlistments vital to the national interest
In general— Section 504(b) of title 10, United States Code, is amended—
in paragraph (2)—
by inserting “and subject to paragraph (3),” after “Notwithstanding paragraph (1),”;
changed
by striking “enlistment is vital to the national interest.” and inserting “person possesses a critical skill or expertise—”; and
by adding at the end the following new subparagraphs:
“(A) that is vital to the national interest; and
changed
“(B) that the person will use in the primary daily duties of that person as a member of the armed forces.”
by adding at the end the following new paragraph (3):
“(3)
“(A) No person who enlists under paragraph (2) may report to initial training until after the Secretary concerned has completed all required background investigations and security and suitability screening as determined by the Secretary of Defense regarding that person.
“(B) A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after—
“(i) the Secretary of Defense submits to Congress written notice of the intent of that Secretary concerned to authorize more than 1,000 such enlistments in a calendar year; and
“(ii) a period of 30 days has elapsed after the date on which Congress receives the notice.”
Report—
In general— Not later than December 31, 2019, and annually thereafter for each of the subsequent four years, the Secretary concerned shall submit a report to the Committees on Armed Services and the Judiciary of the Senate and the House of Representatives regarding persons who enter into enlistment contracts under section 504(b)(2) of title 10, United States Code, as amended by subsection (a).
Elements— Each report under this subsection shall include the following:
The number of such persons who have entered into such contracts during the preceding calendar year.
How many such persons have successfully completed background investigations and vetting procedures.
How many such persons have begun initial training.
The skills that are vital to the national interest that such persons possess.
Sec. 522 Statement of benefits
In general— Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:
“1155. Statement of benefits
changed
“(a) Before separation—Not later than 30 days before a member retires, is released, is discharged, or otherwise separates from the armed forces (or as soon as is practicable in the case of an unanticipated separation), the Secretary concerned shall provide that member with a current assessment of all benefits to which that member may be is entitled under laws administered by—
“(1) the Secretary of Defense; and
“(2) the Secretary of Veterans Affairs.
changed
“(b) Statement Annual statement for reserves—The reserves—Not less than once each year, the Secretary concerned shall provide a each member of a reserve component with a current assessment of benefits described in subsection (a) upon release of that member from active duty.”(a).”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1154 the following new item:
Sec. 524 Correction of military records website
changed
Assessment—In general— Not later than 180 days after the date Section 1552(a)(5) of title 10, United States Code, is amended by striking the enactment of this Act, second sentence and inserting the following: “The Secretary shall also publish on such website a summary of the Navy shall—each such decision, indexed by subject matter. The Secretary shall redact all personally identifiable information from any such decision and summary.”
removed
complete a comprehensive assessment of the standard workweek of the Navy;
removed
carry out the activities required under subsections (b) and (c).
changed
Adjustments—Effective date— The Secretary of the Navy shall—amendments made by this section shall take effect on October 1, 2019.
removed
update instruction 1000.16L of the Office of the Chief of Naval Operations titled “Navy Total Force Manpower Policies and Procedures” in order to—
removed
analyze and quantify current in-port workloads; and
removed
based on the analysis carried out pursuant to subparagraph (A), identify the manpower necessary to execute in-port workloads for all surface ship classes;
removed
update the criteria set forth in the instruction that are used to reassess the factors for calculating manpower requirements periodically or when conditions change; and
removed
taking into account the updates required by paragraphs (1) and (2), identify personnel needs and costs associated with the planned larger size of the Navy fleet.
removed
Added demands— The Secretary of the Navy shall identify and quantify any increased or new requirements with respect to Navy ship crews, including Ready, Relevant Learning training periods and additional work that affects readiness and technical qualifications for Navy ship crews.
Sec. 525 Modification of DD Form 214 to include email addresses
changed
In general— The Secretary of the Navy Defense shall notify modify the congressional defense committees, Certificate of Release or Discharge from Active Duty (DD Form 214) by adding an entry block in writing, not later than 15 days after any which a member of the following conditions are met:Armed Forces may provide one or more email addresses at which the member may be contacted after separation from active duty in the Armed Forces.
removed
The manning fit for a covered ship is less than 87 percent.
removed
The manning fill for a covered ship is less than 90 percent.
changed
Notification required—Deadline— The notification required by Secretary shall carry out subsection (a) shall include, with respect to a covered ship, not later than 1 year after the following:date of the enactment of this Act.
removed
The name and hull number of the ship.
removed
The homeport location of the ship.
removed
The current manning fit and fill of the ship.
removed
The lowest levels of manning fit and fill projected for the ship and the date on which such levels are expected to occur.
removed
The projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship.
removed
The projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship.
removed
A description of any reasons the Navy will not achieve manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, including a detailed description of the specific ratings or skillset areas that must be manned to achieve those percentages.
removed
A description of corrective actions the Navy is taking to improve manning fit or manning fill on the ship.
removed
Special rule— For purposes of determining whether a percentage of manning fit or manning fill has been achieved, a sailor in a more senior paygrade may count as filling the billet of a more junior paygrade, but a sailor in a more junior paygrade may not count as filling the billet of a more senior paygrade.
removed
Definitions— In this section:
removed
Manning fit— The term “manning fit” means the skills (rating), specialty skills (Navy Enlisted Classifications), and experience (paygrade) for the ship as compared with the billets authorized for such skills and experience.
removed
Manning fill— The term “manning fill”, in the case of a ship, means the total number of military personnel assigned to the ship by rating when compared with the billets authorized for the ship by rating.
removed
Covered ship— The term “covered ship” means a commissioned battle force ship that is included in the battle force count of the Naval Vessel Register.
Sec. 526 Public availability of reports related to senior leader misconduct
changed
In general—Establishment of website— The Secretary of the Navy Defense and each Secretary of a military department shall require that, commencing not later than 180 days after the date make available on a public website of the enactment Department of this Act, key watchstanders Defense all reports on Navy surface ships shall maintain a career record substantiated investigations of watchstanding hours misconduct completed by the Inspectors General of the Department and specific operational evolutions.each military department regarding—
added
an officer in the grade of O–7 or higher;
added
an officer selected for promotion to grade O–7; or
added
a civilian member of the Senior Executive Service.
changed
Key watchstander defined—Published reports— In this section, the term key watchstander means each of the following:Each report under subsection (a) shall be—
changed
Officer of the Deck.properly redacted;
changed
Engineering Officer of the Watch.segregated from documents regarding ongoing investigations (including announcements);
changed
Conning Officer or Piloting Officer.labelled with the name of subject of the investigation; and
changed
Any other officer specified searchable by the Secretary for purposes name of this section.subject of the investigation.
added
Deadline— The Secretary shall carry out this section not later than 90 days after the enactment of this Act.
removed
Briefings of Congress—
removed
Initial briefing— Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the plan of the Secretary for the maintenance of watchstander records, including updates to policy documents.
removed
Update briefings— Not later than one year after the briefing pursuant to paragraph (1), and annually thereafter for the next two years, the Secretary shall provide to the committees of Congress referred to in that paragraph an update briefing on the status of the implementation of the plan described in that paragraph.
Sec. 527 Appointment and training of personnel to staff the board of corrections for military and naval records
changed
In general— Not later than 180 days after the date the of enactment of this Act, the The Secretary of Defense, in consultation with the Navy Service Secretaries and Joint Chiefs, shall submit to the Committees on Armed Services of provide for the Senate appointment and training of qualified personnel to join the House staff of Representatives a report on the adequacy Boards of individual training for certain watchstations, including any planned or recommended changes in qualification standards Corrections for such watchstations.Military and Naval Records.
changed
Watchstations—Authorization of appropriations— The watchstations covered by There is authorized to be appropriated for the report Department of Defense a total of $3,000,000.00, in order to carry out the training required by subsection (a) are the following:and to provide related equipment and accommodations.
removed
Officer of the Deck.
removed
Combat Information Center Watch Officer.
removed
Tactical Action Officer.
removed
Engineering Officer of the Watch.
removed
Conning Officer or Piloting Officer.
Sec. 528 Entrepreneurial sabbatical for scientists employed at defense laboratories
addedadded The Secretary of Defense may prescribe regulations that permit scientists employed at defense laboratories to take unpaid sabbaticals from such employment to work in the private sector. Such regulations may address issues including conflict of interest and the risk and impact to mission if critical positions are unfilled due to a sabbatical.
Sec. 529 Completion of Department of Defense Directive 2310.07E regarding missing persons
added
added
In general— The Secretary of Defense shall make the completion of Department of Defense Directive 2310.07E a top priority in order to improve the efficiency of locating missing persons.
added
Definition— In this section, the term “missing person” has the meaning given such term in section 1513 of title 10, United States Code.
Sec. 530 Attending Physician to the Congress
added
added
In general— Chapter 41 of title 10, United States Code, is amended by inserting before section 716 the following new section:
added “715. Attending Physician to the Congress: grade
added “A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting before the item relating the section 716 the following new item:
Sec. 531 Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces
added Section 856(b)(1) of title 10, United States Code (article 56(b)(1) of the Uniform Code of Military Justice), is amended by striking “such punishment must include, at a minimum, dismissal or dishonorable discharge, except as provided for in section 860 of this title (article 60)” and inserting “except as provided for in section 860 of this title (article 60), such punishment must include, at a minimum—”
added “(A) dismissal or dishonorable discharge; and
added “(B) confinement for two years.”
removed
In general— Subsection (b) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), is amended—
removed
in paragraph (1), by striking “or” at the end;
removed
in paragraph (2), by adding “or” after the semicolon; and
removed
by inserting after paragraph (2) the following new paragraph:
removed
“(3) who commits an assault by strangulation or suffocation;”
removed
Effective date— The amendments made by subsection (a) shall take effect on January 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2954) as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).
Sec. 532 Punitive article in the Uniform Code of Military Justice on domestic violence
added
In general— Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 928 (article 128) the following new section (article):
added “928a. Art 128a. Domestic violence
added “(a) Domestic violence—Any person subject to this chapter who, unlawfully and with force or violence, attempts, offers to, or does intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound another person of whom the person is an intimate partner is guilty of domestic violence and shall be punished as a court-martial may direct.
added “(b) Aggravated domestic violence—Any person subject to this chapter who, in committing domestic violence, uses a weapon, means, or force in a manner likely to produce death or grievous bodily harm is guilty of aggravated domestic violence and shall be punished as a court-martial may direct.”
removed
Punitive article—
removed
In general— Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 928a (article 128a) the following new section (article):
removed
“928b. Art. 128b.
removed
“Any person who—
removed
“(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;
removed
“(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—
removed
“(A) commits an offense under this chapter against any person; or
removed
“(B) commits an offense under this chapter against any property, including an animal;
removed
“(3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;
removed
“(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or
removed
“(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating;”
removed
Clerical amendment— The table of sections at the beginning of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after the item relating to section 928a (article 128a) the following new item:
changed
Effective date—Clerical amendment— The amendments made by this section shall take effect on January 1, 2019, immediately after the coming into effect table of the amendments made by sections at the Military Justice Act beginning of 2016 (division E subchapter X of Public Law 114–328) as provided in section 5542 chapter 47 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).such title is amended by inserting after the item relating to section 928 (article 128) the following new item:
Sec. 533 Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces
changed
Section 546 546(c)(2) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 (Public Law 113–291; 10 U.S.C. 1561 note) is amended—amended by adding at the end the following new sentence: “After a majority vote by the Advisory Committee and upon request of the Chair of the Advisory Committee, the Secretary of Defense shall provide to the Advisory Committee information the Secretary determines is relevant to the scope and mission of the Advisory Committee under this section.”.
removed
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
removed
by inserting after subsection (c) the following new subsection (d):
removed
“(d) Authorities
removed
“(1) Hearings—The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the committee considers appropriate to carry out its duties under this section.
removed
“(2) Information from federal agencies—Upon request by the chair of the Advisory Committee, a department or agency of the Federal Government shall provide information that the Advisory Committee considers necessary to carry out its duties under this section. In carrying out this paragraph, the department or agency shall take steps to prevent the unauthorized disclosure of personally identifiable information.”
Sec. 534 Modification of Military Rules of Evidence to exclude admissibility of general military character toward probability of innocence in any offense not strictly related to performance of military duties
changed
Report required—In general— Not later than February 1, 2019, 180 days after the Secretary date of Defense, in consultation with the Secretaries enactment of this Act, Rule 404(a) of the military departments, Military Rules of Evidence shall submit a report be amended to provide that the Committees on Armed Services general military character of an accused is not admissible for the Senate and House purpose of Representatives regarding showing the feasibility and advisability probability of expanding eligibility for innocence of the Special Victims' Counsel programs accused for any offense under section 1044e chapter 47 of title 10, United States Code (hereinafter referred to as “the SVC programs”), (the Uniform Code of Military Justice), unless such offense is strictly and solely related to include victims the performance of domestic violence.military duties.
added
Specification of offenses for which admissibility allowed—
added
In general— Each Secretary concerned shall specify, and may from time to time modify, the offenses under chapter 47 of title 10, United States Code, for which the military character of members of the Armed Forces under the jurisdiction of such Secretary is admissible pursuant to subsection (a) as a result of such offense being strictly and solely related to the performance of military duties.
removed
Elements— The report under this section shall include the following:
changed
Approval of President required— The current workload specification of an offense pursuant to paragraph (1), and any modification of such specification, shall not be effective unless approved by the SVC programs.President.
changed
Secretary concerned defined— An analysis of In this subsection, the current personnel authorizations for term Secretary concerned has the SVC programs.meaning given that term in section 101(a)(9) of title 10, United States Code.
removed
The optimal personnel levels for the SVC programs.
removed
An analysis of the effects that the expansion described in subsection (a) would have on the SVC programs, including—
removed
the estimated increase in workload;
removed
the estimated number of additional personnel that would be required to accommodate such increase; and
removed
the ability of the military departments to fill any additionally authorized billets for SVC programs with qualified judge advocates who possess military justice experience.
Sec. 535 Improved crime reporting
added
In general— The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish a consolidated tracking process for the entire Department of Defense to ensure increased oversight of the timely submission of crime reporting data to the Federal Bureau of Investigation under section 922(g) of title 18, United States Code, and Department of Defense Instruction 5505.11, “Fingerprint Card and Final Disposition Report Submission Requirements”. The tracking process shall, to the maximum extent possible, standardize and automate reporting and increase the ability of the Department to track such submissions.
removed
The Secretary of Defense shall establish a uniform command action form, applicable across the Armed Forces, for reporting the final disposition of cases of sexual assault in which—
changed
Report required— Not later than July 1, 2019, the alleged offender is a member Secretary of Defense shall submit a report to the Committees on Armed Forces; andServices of the Senate and House of Representatives that details the tracking process.
removed
the victim files an unrestricted report on the alleged assault.
Sec. 536 Oversight of registered sex offender management program
changed
Policies for members—Designation of official or entity— The Secretary of Defense shall modify, in accordance with section 673 designate a single official or entity within the Office of title 10, United States Code, all policies that the Secretary determines necessary of Defense to establish a standardized expedited transfer process serve as the official or entity (as the case may be) with principal responsibility in the Department of Defense for a member providing oversight of the Army, Navy, Air Force, or Marine Corps who is registered sex offender management program of the alleged victim of—Department.
removed
sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program); or
removed
physical domestic violence (as defined by the Secretary in regulations prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Armed Forces.
changed
Policy for dependents of members—Duties— The Secretary of Defense shall establish a policy to allow the transfer of a member of the Army, Navy, Air Force, official or Marine Corps whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.entity designated under subsection (a) shall—
added
monitor compliance with Department of Defense Instruction 5525.20 and other relevant polices;
added
compile data on members serving in the military departments who have been convicted of a qualifying sex offense, including data on the sex offender registration status of each such member;
added
maintain statistics on the total number of active duty service members in each military department who are required to register as sex offenders; and
added
perform such other duties as the Secretary of Defense determines to be appropriate.
added
Briefing required— Not later than June 1, 2019, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing on—
added
the compliance of the military departments with the policies of the Department of Defense relating to registered sex offenders;
added
the results of the data compilation described in subsection (b)(2); and
added
any other matters the Secretary determines to be appropriate.
added
Military departments defined— In this section, the term “military departments” has the meaning given that term in section 101(a)(8) of title 10, United States Code.
Sec. 541 Security clearance reinvestigation of certain personnel who commit certain offenses
added Section 1564 of title 10, United States Code, is amended—
removed
In general— Section 950f(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
removed
“(6) The term of an appellate military judge assigned to the Court under paragraph (2) or appointed to the Court under paragraph (3) shall expire on the earlier of the date on which—
removed
“(A) the judge leaves active duty; or
removed
“(B) the judge is reassigned to other duties in accordance with section 949b(b)(4) of this title.”
changed
Applicability— The amendment made by redesignating subsections (c), (d), (e), and (f) as subsection (a) shall apply to each judge of the United States Court of Military Commission Review serving on that court on the date of the enactment of this Act (d), (e), (f), and each judge assigned or appointed to that court on or after such date.(g), respectively; and
added
by inserting after subsection (b) the following new subsection (c):
added “(c) Reinvestigation of certain individuals
added “(1) The Secretary of Defense shall conduct an investigation under subsection (a) of any individual described in paragraph (2) upon—
added “(A) conviction of that individual by a court of competent jurisdiction for—
added “(i) sexual assault;
added “(ii) sexual harassment;
added “(iii) fraud against the United States; or
added “(iv) any other violation that the Secretary determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or
added “(B) determination by a commanding officer that the individual has committed an offense described in subparagraph (A).
added “(2) An individual described in this paragraph has a security clearance and is—
added “(A) a flag officer;
added “(B) a general officer; or
added “(C) an employee of the Department of Defense in the Senior Executive Service.
added “(3) The Secretary shall conduct an investigation under this subsection of an individual described in paragraph (2) regardless of whether that individual has retired or resigned, is discharged or released, or otherwise separated from the armed forces or Department of Defense.
added “(4) In this subsection:
added “(A) The term “sexual assault” includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in the Uniform Code of Military Justice.
added “(B) The term “sexual harassment” has the meaning given that term in section 1561 of this title.
added “(C) The term “fraud against the United States” means a violation of section 932 of this title (Article 132 of the Uniform Code of Military Justice).”
Sec. 542 Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense
added
Military Academy— Section 4361 of title 10, United States Code, is amended by adding at the end the following new subsection (e):
added “(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense
added “(1) The Secretary of the Army shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.
added “(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Military Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by the Secretary of the Army, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Army shall ensure that all records of any request, determination, or action under this subsection remains confidential.”
removed
Section 1564 of title 10, United States Code, is amended—
changed
Naval Academy— Section 6980 of title 10, United States Code, is amended by redesignating subsections (c), (d), (e), and (f) as adding at the end the following new subsection (d), (e), (f), and (g), respectively; and(e):
added “(e) Consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense
added “(1) The Secretary of the Navy shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a midshipman who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the midshipman for reporting the sexual assault or other offense.
added “(2) The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the midshipman may request review of the denial by the Secretary of the Navy, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Navy shall ensure that all records of any request, determination, or action under this subsection remains confidential.”
changed
Air Force Academy— Section 9361 of title 10, United States Code, is amended by inserting after subsection (b) adding at the end the following new subsection (c):(e):
changed
“(c) Reinvestigation or readjudication “(e) Consideration of certain individualsapplication for transfer for a cadet who is the victim of a sexual assault or related offense
changed
“(1) The Secretary of Defense the Air Force shall conduct provide for timely determination and action on an investigation application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or adjudication under subsection (a) other offense covered by section 920, 920a, or 920c of any individual described in paragraph (2) upon—this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.
changed
“(A) conviction “(2) The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that individual direct the Superintendent of the Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by a court the Secretary of competent jurisdiction for—the Air Force, who shall grant or deny review not later than 72 hours after submission of the request for review. The Secretary of the Air Force shall ensure that all records of any request, determination, or action under this subsection remains confidential.”
removed
“(i) sexual assault;
removed
“(ii) sexual harassment;
removed
“(iii) fraud against the United States; or
removed
“(iv) any other violation that the Secretary determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or
removed
“(B) determination by a commanding officer that that individual has committed an offense described in subparagraph (A).
removed
“(2) An individual described in this paragraph in an individual who has a security clearance and is—
removed
“(A) a flag officer;
removed
“(B) a general officer; or
removed
“(C) an employee of the Department of Defense in the Senior Executive Service.
removed
“(3) The Secretary shall ensure that relevant information on the conviction or determination described in paragraph (1) of an individual described in paragraph (2) during the preceding year, regardless of whether the individual has retired or resigned or has been discharged, released, or otherwise separated from the armed forces, is reported into Federal law enforcement records and security clearance databases, and that such information is transmitted, as appropriate, to other Federal agencies.
removed
“(4) In this subsection:
removed
“(A) The term “sexual assault” includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in chapter 47 of this title (the Uniform Code of Military Justice).
removed
“(B) The term “sexual harassment” has the meaning given that term in section 1561 of this title.
removed
“(C) The term “fraud against the United States” means a violation of section 932 of this title (article 132 of the Uniform Code of Military Justice).”
Sec. 543 Standardization of policies related to expedited transfer in cases of sexual assault
changed
Development—Policies for members— The Secretary of Defense shall develop modify all policies related to the expedited transfer of a plan for overseeing member of the implementation Army, Navy, Air Force, or Marine Corps who is the victim of sexual assault (regardless of whether the instruction titled “Harassment case is handled under the Sexual Assault Prevention and Response in Program or Family Advocacy Program) that the Armed Forces”, published on February 8, 2018 (DODI–1020.03).Secretary determines necessary to establish a standardized expedited transfer process for such members, consistent with section 673 of title 10, United States Code.
changed
Elements—Policies for dependents of members— The plan under subsection (a) Secretary of Defense shall require establish a policy to allow the military services and other components transfer of a member of the Department Army, Navy, Air Force, or Marine Corps whose dependent is the victim of Defense to take steps sexual assault perpetrated by certain dates a member of the Armed Forces who is not related to implement harassment prevention and response programs under such instruction, including no less than the following:victim.
removed
Submitting implementation plans to the Director, Force Resiliency.
removed
Incorporating performance measures that assess the effectiveness of harassment prevention and response programs.
removed
Adopting compliance standards for promoting, supporting, and enforcing policies, plans, and programs.
removed
Tracking, collecting, and reporting data and information on sexual harassment incidents based on standards established by the Secretary.
removed
Instituting anonymous complaint mechanisms.
removed
Report— Not later than July 1, 2019, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the oversight plan developed under this section. The report shall include, for each military service and component of the Department of Defense, the implementation status of each element of the oversight plan.
Sec. 544 Development of oversight plan for implementation of Department of Defense harassment prevention and response policy
changed
Designation of official or entity—Development— The Secretary of Defense shall designate develop a single official or existing entity within the Office of plan for overseeing the Secretary implementation of Defense to serve as the official or entity (as the case may be) with principal responsibility instruction titled “Harassment Prevention and Response in the Department of Defense for providing oversight of the registered sex offender management program of the Department.Armed Forces”, published on February 8, 2018 (DODI–1020.03).
changed
Duties—Elements— The official or entity designated plan under subsection (a) shall—shall require the military services and other components of the Department of Defense to take steps by certain dates to implement harassment prevention and response programs under such instruction, including no less than the following:
changed
monitor compliance with Department of Defense Instruction 5525.20 and other relevant polices;Submitting implementation plans to the Director, Force Resiliency.
changed
compile data on members serving in the military departments who have been convicted of a qualifying sex offense, including data on Incorporating results-oriented performance measures that assess the sex offender registration status effectiveness of each such member;harassment prevention and response programs.
changed
maintain statistics on the total number of active duty service members in each military department who are required to register as sex offenders; andAdopting compliance standards for promoting, supporting, and enforcing policies, plans, and programs.
changed
perform such other duties as Tracking, collecting, and reporting data and information on sexual harassment incidents based on standards established by the Secretary of Defense determines to be appropriate.Secretary.
added
Instituting anonymous complaint mechanisms.
changed
Briefing required—Report— Not later than June July 1, 2019, the Secretary of Defense shall provide submit to the Committee Committees on Armed Services of the Senate and the House of Representatives a briefing on—report on the oversight plan developed under this section. The report shall include, for each military service and component of the Department of Defense, the implementation status of each element of the oversight plan.
removed
the compliance of the military departments with the policies of the Department of Defense relating to registered sex offenders;
removed
the results of the data compilation described in subsection (b)(2); and
removed
any other matters the Secretary determines to be appropriate.
removed
Military departments defined— In this section, the term “military departments” has the meaning given that term in section 101(a)(8) of title 10, United States Code.
Sec. 545 Development of resource guides regarding sexual assault for the military service academies
Development— Not later than 30 days after the date of the enactment of this Act, each Superintendent of a military service academy shall develop and maintain a resource guide for students at the respective military service academies regarding sexual assault.
Elements— Each guide developed under this section shall include the following information with regards to the relevant military service academy:
Process Overview and Definitions—
changed
An A clear explanation of prohibited conduct, including examples.
changed
An A clear explanation of consent.
Victims’ rights.
changed
Clearly described complaint process, including multiple ways to whom file a complaint may be filed.complaint.
Explanations of restricted and unrestricted reporting.
List of mandatory reporters.
Protections from retaliation.
changed
Assurance that leadership will take appropriate immediate and proportionate corrective action.
References to specific policies.
changed
Resources Additional resources for survivors.
Emergency Services—
Contact information.
Location.
Support and counseling— Contact information for the following support and counseling resources:
The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault.
The Sexual Harassment/Assault Response and Prevention Resource Program Center.
Peer counseling.
Medical care.
Legal counsel.
Hotlines.
Chaplain or other spiritual representatives.
added
Escalation—
added
A victim may report an incident to any authority.
added
A victim may consult any authority named in this paragraph.
added
The Superintendent determines the outcome of an investigation and has the authority to convene a court-martial after an initial hearing.
added
The Secretary of the military department concerned reviews determinations in cases not referred for trial by court-martial.
added
The Inspector General reviews cases of reprisal or professional retaliation.
added
A Member of Congress (as that term is defined in section 1563 of title 10, United States Code).
changed
Distribution— Each Superintendent shall provide a copy of the current guide developed by that Superintendent under this section—
not later than 30 days after completing development under subsection (a) to each student who is enrolled at the military service academy of that Superintendent on the date of the enactment of this Act;
at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and
changed
as soon as practicable to a student at the military service academy of that Superintendent who reports that such student is a victim of sexual assault.
Sec. 546 Report on victims in MCIO reports
added Not later than September 30, 2019, and not less than once every two years thereafter, the Secretary of Defense, through the Defense Advisory Committee on Investigations, Prosecutions, and Defense of Sexual Assault in the Armed Forces, shall submit to Congress a report regarding the frequency at which individuals, who are identified as victims of sexual offenses in case files of military criminal investigative organizations (hereinafter, “MCIO”), are accused of or punished for misconduct or crimes considered collateral to the investigation of sexual assault during the MCIO investigations in which the individuals were so identified.
removed
Tracking process— The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish a consolidated tracking process for the Department of Defense to ensure increased oversight of the timely submission of crime reporting data to the Federal Bureau of Investigation under section 922(g) of title 18, United States Code, and Department of Defense Instruction 5505.11, “Fingerprint Card and Final Disposition Report Submission Requirements”. The tracking process shall, to the maximum extent possible, standardize and automate reporting and increase the ability of the Department to track such submissions.
removed
Letter required— Not later than July 1, 2019, the Secretary of Defense shall submit a letter to the Committees on Armed Services of the Senate and House of Representatives that details the tracking process under subsection (a).
Sec. 547 Definition of military sexual trauma
changed
Report—In general— Not later than September 30, 2019, and not less frequently than once every two years thereafter, the Secretary The Secretaries of Defense, acting through the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces Veterans Affairs shall submit to the congressional defense committees establish a report that includes, with respect to the period joint definition of two years preceding the date “military sexual trauma” for their respective Departments to use in all aspects of the submittal delivering care and benefits to members of the report, the following:Armed Forces and veterans who have suffered that crime.
removed
The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual.
removed
The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in paragraph (1).
removed
The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in paragraphs (1) and (2).
changed
Covered individual defined—Report— In this section, the term “covered individual” means an individual who is identified as The Secretaries shall submit to Congress a victim report on their efforts under subsection (a), including legislative recommendations, not later than 180 days after the date of a sexual assault in the case files enactment of a military criminal investigative organization.this Act.
Sec. 552 Improvements to Transition Assistance Program
Pathways for TAP—
In general— Section 1142 of title 10, United States Code, is amended—
in the section heading by striking “medical” and inserting “certain”;
in subsection (a)—
in paragraph (1), by inserting “(regardless of character of discharge)” after “discharge”;
in paragraph (3)(A)—
by striking “as soon as possible during the 12-month period preceding” and inserting “not later than 365 days before”;
by striking “90 days” and inserting “365 days”; and
by striking “discharge or release” and inserting “retirement or other separation”; and
in paragraph (3)(B)—
by striking “90” and inserting “365”; and
by striking “90-day” and inserting “365-day”;
by redesignating subsection (c) as subsection (d);
by inserting after subsection (b) the following new subsection (c):
“(c) Counseling pathways
“(1) Each Secretary concerned, in consultation with the Secretaries of Labor and Veterans Affairs, shall establish at least three pathways for members of the military department concerned receiving individualized counseling under this section. The Secretaries shall design the pathways to address the needs of members, based on the following factors:
“(A) Rank.
“(B) Term of service.
“(C) Gender.
“(D) Whether the member was a member of a regular or reserve component of an armed force.
“(E) Disability.
“(F) Character of discharge (including expedited discharge and discharge under conditions other than honorable).
“(G) Health (including mental health).
“(H) Military occupational specialty.
“(I) Whether the member intends, after separation, retirement, or discharge, to—
“(i) seek employment;
“(ii) enroll in a program of higher education;
“(iii) enroll in a program of vocational training; or
“(iv) become an entrepreneur.
“(J) The educational history of the member.
“(K) The employment history of the member.
“(L) Whether the member has secured—
“(i) employment;
“(ii) enrollment in a program of education; or
“(iii) enrollment in a program of vocational training.
“(M) Other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Veterans Affairs, determine appropriate.
“(2) Each member described in subsection (a) shall meet in person or by video conference with a counselor before beginning counseling under this section to—
“(A) take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate pathway under this subsection;
“(B) receive information from the counselor regarding reenlistment in the armed forces; and
“(C) receive information from the counselor regarding resources (including resources regarding military sexual trauma)—
“(i) for members of the armed forces separated, retired, or discharged;
“(ii) located in the community in which the member will reside after separation, retirement, or discharge.
“(3) At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(B).”
by adding at the end the following new subsection:
changed
“(e) Joint service transcript—The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—transcript
changed
“(1) that member—The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—
changed
“(A) at the meeting with a counselor under subsection (c)(2); andthat member—
changed
“(B) on the day “(i) at the member separates, retires, or is discharged; meeting with a counselor under subsection (c)(2); and
changed
“(2) the Secretary of Veterans Affairs “(ii) on the day the member separates, retires, or is discharged.”discharged.
added “(B) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.
added “(2) The Secretary of Veterans Affairs shall ensure that a member who has separated, retired, or is discharged may access the joint service transcript of that member from a website of the Department of Veterans Affairs not later than one year after the day the member separates, retires, or is discharged.”
Deadline— Each Secretary concerned shall carry out subsection (c) of such section, as amended by paragraph (1), not later than 1 year after the date of the enactment of this Act.
GAO study— Not later than 1 year after the Secretaries concerned carry out subsection (c) of such section, as amended by paragraph (1), the Comptroller General of the United States shall submit to Congress a review of the pathways for the Transition Assistance Program established under such subsection (c).
Contents of TAP—
In general— Section 1144 of title 10, United States Code, is amended—
in subsection (a), by striking “Such services” and inserting “Subject to subsection (f)(2), such services”; and
by amending subsection (f) to read as follows:
“(f) Program contents
“(1) The program carried out under this section shall consist of instruction as follows:
“(A) One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned.
“(B) One day of instruction regarding—
“(i) benefits under laws administered by the Secretary of Veterans Affairs; and
“(ii) other subjects determined by the Secretary concerned.
“(C) One day of instruction regarding preparation for employment.
“(D) Two days of instruction regarding a topic selected by the member from the following subjects:
“(i) Preparation for employment.
“(ii) Preparation for education.
“(iii) Preparation for vocational training.
“(iv) Preparation for entrepreneurship.
“(v) Other options determined by the Secretary concerned.
“(2) The Secretary concerned may permit a member to attend training and instruction under the program established under this section—
“(A) before the time periods established under section 1142(a)(3) of this title;
“(B) in addition to such training and instruction required during such time periods.”
Deadline— The Transition Assistance Program shall comply with the requirements of section 1144(f) of title 10, United States Code, as amended by paragraph (1), not later than 1 year after the date of the enactment of this Act.
Action plan— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit an action plan to the congressional defense committees that—
details how the Secretary shall implement the requirements of section 1144(f) of title 10, United States Code, as amended by paragraph (1); and
details how the Secretary, in consultation with the Secretaries of Veterans Affairs and Labor, shall establish standardized performance metrics to measure Transition Assistance Program participation and outcome-based objective benchmarks in order to—
provide feedback to the Departments of Defense, Veterans Affairs, and Labor;
improve the curriculum of the Transition Assistance Program;
share best practices;
facilitate effective oversight of the Transition Assistance Program; and
ensure members obtain sufficient financial literacy to effectively leverage conferred benefits and opportunities for employment, education, vocational training, and entrepreneurship.
Report— On the date that is 2 years after the date of the enactment of this Act and annually thereafter for the subsequent 4 years, the Secretary of Defense shall submit to the Committees on Armed Services and Veterans' Affairs of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a report regarding members of the Armed Forces who have attended Transition Assistance Program counseling during the preceding year. The report shall detail the following:
The total number of members who attended Transition Assistance Program counseling.
The number of members who attended Transition Assistance Program counseling under paragraph (1) of section 1144(f) of title 10, as amended by paragraph (1).
The number of members who attended Transition Assistance Program counseling under paragraph (2) of such section.
The number of members who elected to attend each two-day instruction under paragraph (1)(D) of such section.
Sec. 553 Employment and compensation of civilian faculty members at the Joint Special Operations University
added Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(5) The Joint Special Operations University.”
removed
Repeal—
removed
In general— Section 1143a of title 10, United States Code, is repealed.
removed
Clerical amendment— The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1143a.
removed
Conforming amendments—
removed
Section 1144(b) of title 10, United States Code, is amended—
removed
by striking paragraph (8); and
removed
by redesignating paragraphs (9), (10), and (11) as paragraphs (8), (9), and (10), respectively.
removed
Section 1142(b)(4)(C) of such title is amended by striking “the public and community service jobs program carried out under section 1143a of this title, and”.
removed
Section 159(c)(2)(D) of the National and Community Service Act of 1990 (42 U.S.C. 12619(c)(2)(D)) is amended by striking “and as employment with a public service or community service organization for purposes of section 4464 of that Act”.
removed
Section 162(a)(2) of such Act (42 U.S.C. 12622(a)(2)) is amended by striking “shall” and all that follows through “provide other” and inserting “shall provide”.
removed
Subsection (c) of section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) is amended to read as follows:
removed
“(c) Inapplicability of certain provisions—During the period specified in subsection (i)(2), this section does not apply as follows:
removed
“(1) To members of the Coast Guard, notwithstanding section 542(d) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1293 note).
removed
“(2) To members of the commissioned corps of the National Oceanic and Atmospheric Administration, notwithstanding section 566(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1293 note).”
removed
Conforming repeal—
removed
Repeal— Section 4464 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1143a note) is repealed.
removed
Applicability— The repeal made under paragraph (1) shall apply with respect to an individual who retires from the Armed Forces on or after the date of the enactment of this Act.
Sec. 554 Program to assist members of the Armed Forces in obtaining professional credentials
added Section 2015(a) of title 10, United States Code, is amended by striking “related to military training” and all that follows through the period at the end of paragraph (2) and inserting “that translate into civilian occupations.”.
removed
In general— Paragraph (2)(B) of section 1154(d) of title 10, United States Code, is amended—
removed
by inserting “(A)(iii),” after “(A)(i),”;
removed
by inserting “transferred to the Retired Reserve, or” after “member is retired,”; and
removed
by striking “separated,” and inserting “separated”.
removed
Conforming amendments— The second sentence of paragraph (3)(D) of such section is amended—
removed
by inserting “, the transfer of the member to the Retired Reserve,” after “retirement of the member”; and
removed
by inserting “transfer,” after “after the retirement,”.
Sec. 555 Extension of pilot program to assist members in obtaining post-service employment
changed
Section 1595(c) 555(i) of title 10, United States Code, the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1143 note) is amended by adding at the end the following new paragraph:striking “2018” and inserting “2023”.
removed
“(5) The Joint Special Operations University.”
Sec. 556 Direct employment pilot program for members of the reserve components and veterans
added
Authority— The Secretary of Defense may enter into agreements with the chief executives of the States to carry out pilot programs to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to unemployed or underemployed members of the reserve components of the Armed Forces and veterans.
added
Cost-sharing— Any agreement under subsection (a) shall require that the State must contribute an amount, derived from non-Federal sources, that equals or exceeds 50 percent of the funds provided by the Secretary to the State under this section to support the operation of the pilot program in that State.
added
Administration— The pilot program in a State shall be administered by the adjutant general in that State appointed under section 314 of title 32, United States Code. If the adjutant general is unavailable or unable to administer a pilot program, the Secretary, after consulting with the chief executive of the State, shall designate an official of that State to administer that pilot program.
added
Program model— A pilot program under this section—
added
shall use a job placement program model that focuses on working one-on-one with individuals described in subsection (a) to provide cost-effective job placement services, including—
added
job matching services;
added
resume editing;
added
interview preparation; and
added
post-employment follow up; and
added
shall incorporate best practices of State-operated direct employment programs for members of the reserve components of the Armed Forces and veterans, such as the programs conducted in California and South Carolina.
added
SkillBridge training opportunities— A pilot program under this section shall utilize civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense.
added
Evaluation— The Secretary shall develop outcome measurements to evaluate the success of any pilot program established under this provision.
added
Reporting—
added
Report required— Not later than March 1, 2021, the Secretary, in coordination with the Secretary of Veterans Affairs and Chief of the National Guard Bureau, shall submit to the congressional defense committees a report describing the results of any pilot program established under this section.
added
Elements— A report under paragraph (1) shall include the following elements:
added
A description and assessment of the effectiveness and achievements of the pilot program, including—
added
the number of members of the reserve components of the Armed Forces and veterans hired; and
added
the cost-per-placement of participating members and veterans.
added
An assessment of the impact of the pilot program and increased reserve component employment levels on—
added
the readiness of members of the reserve components of the Armed Forces; and
added
retention of service members.
added
A comparison of the pilot program to other programs conducted by the Department of Defense or Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components of the Armed Forces or veterans, including best practices the improved the effectiveness of such programs.
added
The number and percentage of individuals served by the pilot program who are employed in a field that matches their skills and training.
added
Any other matter the Secretary determines to be appropriate.
added
Duration of authority—
added
In general— Subject to paragraph (2), the authority to carry out a pilot program under this section expires on September 30, 2023.
added
Extension— The Secretary may extend a pilot program under this section beyond the date in paragraph (1) by not more than 2 years.
removed
Section 2015(a) of title 10, United States Code, is amended by striking “related to military training” and all that follows through the period at the end of paragraph (2) and inserting “that translate into civilian occupations.”.
Sec. 557 Extended duration of availability of Military OneSource Program services for members of the Armed Forces upon their separation or retirement
added The Secretary of Defense shall ensure that retired and honorably discharged members of the Armed Forces, including members medically discharged, separated, or on the temporary disability retirement list, and their immediate family remain eligible for services under the Military OneSource Program for at least one year after the end of the member’s tour of service, the member’s retirement date, or the member’s separation date, as the case may be.
removed
Flexibility in authorities for management of programs and units—
removed
In general— Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“2035. Flexibility in authorities for management of programs and units
removed
“(a) Authority To convert otherwise closing units to National Defense Cadet Corps program units—If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers' Training Corps, the Secretary shall offer the agency the option of converting the unit to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.
removed
“(b) Flexibility in administration of instructors
removed
“(1) In general—The Secretaries of the military departments may, without regard to any other provision of this chapter, undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers' Training Corps program under the jurisdiction of such Secretaries.
removed
“(2) Elements—The initiatives undertaken pursuant to this subsection may provide for one or more of the following:
removed
“(A) Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers' Training Corps.
removed
“(B) Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers' Training Corps unit.
removed
“(C) Authority for Junior Reserve Officers' Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers' Training Corps duties, at small schools.
removed
“(D) Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers' Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.
removed
“(E) Such other actions as the Secretaries of the military departments consider appropriate.
removed
“(c) Flexibility in allocation and use of travel funding—The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers' Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers' Training Corps activities.
removed
“(d) Standardization of program data—The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers' Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers' Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers' Training Corps programs.”
removed
Clerical amendment— The table of sections at the beginning of chapter 102 of such title is amended by adding at the end the following new item:
removed
Authority for additional units— The Secretaries of the military departments may, using amounts authorized to be appropriated by this Act and available in the funding tables in sections 4301 and 4401 for purposes of the Junior Reserve Officers' Training Corps programs, establish an aggregate of not more than 100 units under the Junior Reserve Officers' Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers' Training Corps programs.
Sec. 558 Comptroller General briefing and report on permanent employment assistance centers
changed
In general—Requirement— Under regulations prescribed by Not later than 240 days after the Secretary date of Defense, the period enactment of eligibility for this Act, the Military OneSource program Comptroller General of the Department of Defense of an eligible individual retired, discharged, or otherwise released from United States shall provide a briefing to the Armed Forces, and for the eligible immediate family members Services Committees of such an individual, shall be the one-year period beginning Senate and House of Representatives, with a report to follow on the a date agreed to at the time of the retirement, discharge, or release, as applicable, briefing. The briefing and report shall provide information on employment assistance required under section 1143 of such individual.title 10, United States Code, and related information regarding civilian employment requiring certification or licensure.
changed
Information to families—Contents— The Secretary shall, in such manner as the Secretary considers appropriate, inform military families and families of veterans of the Armed Forces of the wide range of benefits available through information required under subsection (a) shall include the Military OneSource program.following:
added
A description of the content of the database required by section 1143(a)(2)(A) of such title.
added
A list and description of permanent employment assistance centers required by section 1143(b) of such title.
added
A list and description of employment skills training programs and eligible members of the Armed Forces.
added
A list and description of State and non-State entities that have interacted with civilian employers.
added
A description of the use by members of the Armed Forces of the permanent employment assistance centers.
added
An assessment of the permanent employment assistance centers and challenges, if any, the centers have experienced as of the date of the briefing or report.
Sec. 559 Activities to increase awareness of apprenticeship programs
added The Secretary of Defense shall ensure that, as part of the transition counseling provided by the Department of Defense to members of the Armed Forces who are in the process of separating from the Armed Forces (including the reserve components), information is provided to such members on—
removed
Prohibition— None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended for the purpose of the attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.
changed
Senior level and intermediate level officer professional military education courses defined— In this section, the term senior level and intermediate level officer professional military education courses means any course for officers offered by a school specified in paragraph (1) or (2) of section 2151(b) potential benefits of title 10, United States Code.apprenticeship programs;
added
the appropriate use of veterans’ education benefits to pay for apprenticeship programs, and
added
the availability of veteran-focused, nonprofit apprenticeship programs.
removed
Repeal of superseded limitation—
removed
In general— Section 547 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is repealed.
removed
Preservation of certain reporting requirement— The repeal in paragraph (1) shall not be interpreted to terminate the requirement of the Comptroller General of the United States to submit the report required by subsection (c) of section 547 of the National Defense Authorization Act for Fiscal Year 2018.
Sec. 560 Atomic veterans service medal
added
added
Service medal required— The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).
added
Distribution of medal—
added
Issuance to retired and former members— At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.
added
Issuance to next-of-kin— In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.
added
Application— The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.
Sec. 560A Report on availability of college credit for skills acquired during military service
addedadded Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of Veterans Affairs, Education, and Labor, shall submit to Congress a report on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military. Such report shall describe each the following:
added
Each skill that may be acquired during military service that is eligible for transfer into an equivalent college credit or technical certification.
added
The academic level of the equivalent college credit or technical certification for which each such skill is eligible.
added
Each academic institution that awards an equivalent college credit or technical certification for such skills, including—
added
whether each such academic institution is public or private and whether such institution is for profit; and
added
the number of veterans that applied to such academic institutions who were able to receive equivalent college credits or technical certifications in the last fiscal year, and the academic level of the credits or certifications.
added
The number of members of the Armed Forces who left the military in the last fiscal year and the number of those individuals who met with an academic or technical training advisor as part of their participation in the Transition Assistance Program.
Sec. 560B Information regarding county veterans service officers
added
added
Provision of information— The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall ensure that a member of the Armed Forces who is separating or retiring from the Armed Forces may elect to have the Department of Defense form DD–214 of the member transmitted to the appropriate county veterans service officer based on the mailing address provided by the member.
added
Database— The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall maintain a database of all county veterans service officers.
added
County veterans service officer defined— In this section, the term county veterans service officer means an employee of a county government, local government, or Tribal government who is covered by section 14.629(a)(2) of title 38, Code of Federal Regulations.
Sec. 560C Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs
added
added
Authority To convert otherwise closing units to National Defense Cadet Corps program units— If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers' Training Corps (JROTC) unit, the Secretary shall offer the agency the option of converting the program to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.
added
Flexibility in administration of instructors—
added
In general— The Secretaries of the military departments shall undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers' Training Corps program under the jurisdiction of such Secretaries.
added
Elements— The initiatives undertaken pursuant to this subsection may provide for one or more of the following:
added
Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers' Training Corps.
added
Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers' Training Corps unit.
added
Authority for Junior Reserve Officers' Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers' Training Corps duties, at small schools.
added
Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers' Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.
added
Such other actions as the Secretaries of the military departments consider appropriate.
added
Flexibility in allocation and use of travel funding— The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers' Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers' Training Corps activities.
added
Standardization of program data— The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers' Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers' Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers' Training Corps programs.
added
Authority for additional units—
added
In general— The Secretaries of the military departments may, using amounts authorized to be appropriated by paragraph (2), establish an aggregate of not more than 100 units under the Junior Reserve Officers' Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers' Training Corps programs.
added
Funding— There is hereby authorized to be appropriated for fiscal year 2019 for the Department of Defense amounts as follows:
added
For Operation and Maintenance, Army, $3,140,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Army.
added
For Operation and Maintenance, Navy, $950,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Navy.
added
For Operation and Maintenance, Air Force, $1,000,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Air Force.
added
For Operation and Maintenance, Marine Corps, $390,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Marine Corps.
added
For Military Personnel, $1,220,000, of which—
added
$500,000 is for the Army for the Junior Reserve Officers' Training Corps program of the Army;
added
$270,000 is for the Navy for the Junior Reserve Officers' Training Corps program of the Navy;
added
$380,000 is for the Air Force for the Junior Reserve Officers' Training Corps program of the Air Force; and
added
$70,000 is for the Marine Corps for the Junior Reserve Officers' Training Corps program of the Marine Corps.
added
Supplement not supplant— The amounts authorized to be appropriated for fiscal year 2019 for the Department of Defense by this subsection are in addition to any other amounts authorized to be appropriated for fiscal year 2019 for the Department under any other provision of law.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division G—
added
the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, aircraft support equipment (line 090), is hereby decreased by $3,200,000; and
added
the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, civil engineering support equipment, items under $5 million (line 115), is hereby decreased by $3,500,000.
Sec. 560D Transition outreach pilot program
added
added
Establishment— Not later than 90 days after the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of Veterans Affairs, Labor, Education, and Homeland Security, and the Administrator of the Small Business Administration, shall establish a pilot program through the Transition to Veterans Program Office that fosters contact between veterans and the Department of Defense.
added
Contact— The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall direct the Military Transition Assistance Teams of the Department of Defense to contact each veteran from the Armed Forces at least twice during each of the first three months after the veteran separates from the Armed Forces to—
added
inquire about the transition of the separated member to civilian life, including—
added
employment;
added
veterans benefits;
added
education;
added
family life; and
added
hear concerns of the veteran regarding transition.
added
Termination— The Secretary shall complete operation of the pilot program under this section not later than September 30, 2019.
added
Report— Not later than 90 days after termination of the pilot program under this section, the Secretary of Defense shall submit a report to Congress regarding such pilot program, including the following, disaggregated by armed force:
added
The number of veterans contacted, including how many times such veterans were contacted.
added
Information regarding the age, sex, and geographic region of contacted veterans.
added
Concerns most frequently raised by the veterans.
added
What benefits the contacted veterans have received, and an estimate of the cost to the Federal Government for such benefits.
added
How many contacted veterans are employed or have sought employment, including what fields of employment.
added
How many contacted veterans are enrolled or have sought to enroll in a course of education, including what fields of study.
added
Recommendations for legislation to improve the long-term effectiveness of TAP and the well-being of veterans.
added
Definitions— In this section:
added
The term “armed force” has the meaning given that term in section 101 of title 10, United States Code.
added
The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
added
The term “veteran” has the meaning given that term in section 101 of title 38, United States Code.
Sec. 561 Enhancement and clarification of family support services for family members of members of special operations forces
added Section 1788a of title 10, United States Code, is amended—
removed
Impact aid for children with severe disabilities—
removed
In general— Of the amount authorized to be appropriated for fiscal year 2019 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
removed
Use of certain amount— Of the amount available under paragraph (1) for payments as described in that paragraph, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities.
changed
Assistance to Schools With Significant Numbers of Military Dependent Students— Of the amount authorized to be appropriated for fiscal year 2019 by section 301 and available for operation striking “activities” each place it appears and maintenance for Defense-wide activities as specified in the funding table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).inserting “services”;
changed
Local educational agency defined— In this section, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary subsection (b)(2), by striking “activity” and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).inserting “service”;
added
in subsection (c), by striking “$5,000,000” and inserting “$10,000,000”;
added
in subsection (d)(1), by striking “thereafter” and inserting “of the next two years”; and
added
in subsection (e), by adding at the end the following new paragraph:
added “(4) The term “family support services” includes costs of transportation, food, lodging, child care, supplies, fees, and training materials for immediate family members of members of the armed forces assigned to special operations forces while participating in programs under subsection (a).”
Sec. 562 Additional matters for assessment and report on childcare services of the Department of Defense
added Section 575 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
removed
Applicability of title IX protections— The provisions of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this section referred to as “title IX”) with respect to education programs or activities receiving Federal financial assistance shall apply equally to education programs and activities administered by the Department of Defense Education Activity (DODEA).
changed
Policies and procedures— Not later than March 31, 2019, the Department of Defense Education Activity shall establish policies and procedures to protect students in subsection (a), by adding at schools of the Activity who are victims of sexual harassment. Such policies and procedures shall afford protections at least comparable to end the protections afforded under title IX.following new paragraphs:
added “(5) Expanding the childcare hours at military installations that host initial training units in order to accommodate drill instructors, trainers, and support staff.
added “(6) Modifying the rate of use of subsidized, off-installation childcare services by military families, including whether such rate could be increased by altering policies that cap the amount of subsidies for military families for such services based on the cost of living for families and the average cost of civilian childcare services.
added “(7) Permitting the issuance of employee clearances on a provisional or interim basis for those working at military childcare centers.”
changed
Elements— The policies and procedures required by in subsection (b) shall include, at a minimum, the following:(b)—
added
by striking “September 1, 2018” and inserting “March 1, 2019”;
changed
A policy addressing sexual harassment of students at the schools by striking “the results of the Department of Defense Education Activity that uses and incorporates terms, procedures, protections, investigation standards, assessment conducted under subsection (a).” and standards of evidence consistent with title IX.inserting an em dash; and
changed
A procedure by which—adding at the end the following new paragraphs:
added “(1) the results of the assessment conducted under subsection (a); and
added “(2) assessments of—
added “(A) the underlying factors contributing to the childcare backlogs at many installations;
added “(B) the effect of such backlogs on member recruitment and retention; and
added “(C) the effect of such backlogs on military spouse unemployment and underemployment.”
removed
a student of a school of the Activity, or a parent of such a student, may file a complaint with the school alleging an incident of sexual harassment at the school; and
removed
such a student or parent may appeal the decision of the school regarding such complaint.
removed
A procedure and mechanisms for the appointment and training of, and allocation of responsibility to, a coordinator at each school of the Activity for sexual harassment matters involving students from the military community served by such school.
removed
Training of employees of the Activity, and volunteers at schools of the Activity, on the policies and procedures.
removed
Mechanisms for the broad distribution and display of the policy described in paragraph (1), including on the Internet website of the Activity and on Internet websites of schools of the Activity, in printed and online versions of student handbooks, and in brochures and flyers displayed on school bulletin boards and in guidance counselor offices.
removed
Reporting and recordkeeping requirements designed to ensure that—
removed
complaints of sexual harassment at schools of the Activity are handled—
removed
with professionalism and consistency; and
removed
in a manner that permits coordinators referred to in paragraph (3) to track trends in incidents of sexual harassment and to identify repeat offenders of sexual harassment; and
removed
appropriate members of the local leadership of military communities are held accountable for acting upon complaints of sexual harassment at schools of the Activity.
Sec. 563 Continued assistance to schools with significant numbers of military dependent students
changed
Comprehensive database—Assistance to schools with significant numbers of military dependent students— The Secretary of Defense shall consolidate Of the various databases amount authorized to be appropriated for fiscal year 2019 in division G of this Act and mechanisms available for the reporting operation and tracking of juvenile misconduct maintenance for Defense-wide activities as specified in Department of Defense Education Activity (hereinafter the funding table in this section referred to as “DODEA”) schools into one comprehensive database for DODEA juvenile misconduct. The comprehensive database 7301 of this Act, $40,000,000 shall include all unresolved and all substantiated allegations be available only for the purpose of juvenile-on-juvenile sexual misconduct.providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
changed
Policy—Impact aid for children with severe disabilities— The Secretary shall establish a comprehensive policy regarding Of the reporting and tracking of juvenile misconduct cases occurring in DODEA schools, including policies establishing appropriate safeguards amount authorized to prevent unauthorized disclosure be appropriated for fiscal year 2019 in division G of sensitive information contained this Act and available for operation and maintenance for Defense-wide activities as specified in the comprehensive database required by subsection (a).funding table in section 7301 of this Act, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
added
Local educational agency defined— In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
Sec. 564 Department of Defense Education Activity misconduct database
changed
Assessment—Comprehensive database— The Secretary of Defense shall conduct an assessment consolidate the various databases and mechanisms for the reporting and tracking of strategies that may be used juvenile misconduct in Department of Defense Education Activity (hereinafter in this section referred to address any security threat posed by active shooter incidents at public elementary schools and secondary as “DODEA”) schools located on into one comprehensive database for DODEA juvenile misconduct. The comprehensive database shall include, at a minimum, all reportable allegations of juvenile-on-juvenile sexual misconduct, regardless of the grounds final disposition of Federal military installations.the case.
changed
Report—Policy— Not later than 180 days after the date of the enactment of this Act, the The Secretary of Defense shall submit to the Committees on Armed Services of establish a comprehensive policy regarding the Senate reporting and the House tracking of Representatives a report that includes the results juvenile misconduct cases occurring in DODEA schools, including policies establishing appropriate safeguards to prevent unauthorized disclosure of sensitive information contained in the assessment conducted under comprehensive database required by subsection (a).
Sec. 565 Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among military spouses
added
added
In general— The Secretary of Defense shall submit to Congress a report setting forth an assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses.
added
Elements— The report under this section shall include the following:
added
An assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses, including the contribution of frequent permanent changes of station to unemployment or underemployment among military spouses.
added
An assessment of the effects of unemployment and underemployment among military spouses on force readiness.
added
Such recommendations as the Secretary considers appropriate regarding legislative or administration action to achieve force readiness and stabilization through the minimization of the impacts of frequent permanent changes on stability of employment among military spouses.
Sec. 566 Flexible maternity and parental leave
added
added
Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall establish and implement policies and procedures that permit a military parent to take, if requested by the military parent, flexible and non-continuous—
added
maternity leave; and
added
parental leave.
Sec. 567 Report on wage determination for certain programs
added
added
Wage determination— The Secretary of Defense, acting through the National Guard Bureau, shall coordinate with the Secretary of Labor to obtain a wage determination under section 6703(1) of title 41, United States Code, for all contract workers under the following programs:
added
Family Assistance Centers.
added
Family Readiness and Support.
added
Yellow Ribbon Reintegration Program.
added
Recruit Sustainment Program.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees regarding the wage determinations described in subsection (a). The report shall include a cost estimate of transferring all of the programs named in subsection (a) to direct Federal management.
Sec. 568 Education for dependents of certain retired members of the Armed Forces
addedadded Section 2164(a) of title 10, United States Code, is amended—
added
in paragraph (1), by adding at the end “If the Secretary determines that appropriate educational programs are not available through a local educational agency for dependents of retirees residing on a military installation in the United States, the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such retirees.”; and
added
by adding at the end the following new paragraph:
added “(4) For purposes of this subsection, the term retiree means a member or former member of the armed forces 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.”
Sec. 569 Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies
added
added
In general— During the 2-year period beginning on the date of the enactment of this Act, section 3330d of title 5, United States Code, shall be applied—
added
without regard to—
added
paragraphs (3), (4), and (5) of subsection (a); and
added
subsection (c);
added
in subsection (b)(1), by substituting “a spouse of a member of the Armed Forces on active duty” for “a relocating spouse of a member of the Armed Forces”; and
added
in subsection (d)(1), by substituting “subsection (a)(3)” for “subsection (a)(6)”.
added
OPM limitation and reports—
added
Relocating spouses— With respect to the noncompetitive appointment of a relocating spouse of a member of the Armed Forces under subsection (b)(1) of section 3330d of title 5, United States Code, as modified by subsection (a), the Director of the Office of Personnel Management—
added
shall monitor the number of such appointments;
added
shall require the head of each agency with authority to make such appointments under such section to submit an annual report to the Director on such appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for such appointments; and
added
not later than 18 months after the date of the enactment of this Act, shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate on the use and effectiveness of such authority.
added
Non-relocating spouses— With respect to the noncompetitive appointment of a spouse of a member of the Armed Forces other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management—
added
shall treat the spouse as a relocating spouse under paragraph (1); and
added
may limit the number of such appointments.
added
Sunset— Effective on the date that is 2 years after the date of the enactment of this Act, the authority under this section, including the authority provided by the modifications to section 3330d of title 5, United States Code, shall expire.
Sec. 570 Assessment and report on active shooter threat mitigation at schools located on military installations
added
added
Assessment— The Secretary of Defense shall conduct an assessment of strategies that may be used to reduce the security threat posed by active shooter incidents at public elementary schools and secondary schools located on the grounds of Federal military installations.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of the assessment conducted under subsection (a).
Sec. 571 Limitations on authority to revoke certain military decorations awarded to members of the Armed Forces
changed
Member matters—Army—
changed
Membership—Limitations— Paragraph (1)(B) of subsection (b) of section 1781a Chapter 357 of title 10, United States Code, is amended—amended by adding at the end the following new section:
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 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 or post-traumatic stress disorder.
added “(c) Military decoration defined—In this section, 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.”
removed
in clause (i), by striking “a member of the armed force to be represented” and inserting “a member or civilian employee of the armed force to be represented”; and
removed
by striking clause (ii) and inserting the following new clause (ii):
removed
“(ii) One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard.”
changed
Terms—Clerical amendment— Paragraph (2) The table of sections at the beginning of such subsection chapter is amended—amended by adding at the end the following new item:
added
Navy and Marine Corps—
added
Limitations— Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section:
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 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 or post-traumatic stress disorder.
added “(c) Military decoration defined—In this section, 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.”
removed
in subparagraph (A)—
removed
in the first sentence, by striking “clauses (i) and (iii) of”; and
removed
by striking the second sentence; and
removed
in subparagraph (B), by striking “three years” and inserting “two years”.
removed
Duties— Subsection (d) of such section is amended—
changed
Clerical amendment— in paragraph (2), by striking “military family readiness by the Department of Defense” and inserting “military family readiness programs and activities The table of sections at the Department beginning of Defense”; andsuch chapter is amended by adding at the end the following new item:
added
Air Force—
added
Limitations— Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section:
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 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 or post-traumatic stress disorder.
added “(c) Military decoration defined—In this section, 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
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
removed
by adding at the end the following new paragraph:
removed
“(4) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely military family readiness information and support services by policy makers, service providers, and targeted beneficiaries.”
removed
Annual reports— Subsection (e) of such section is amended by striking “February 1” and inserting “July 1”.
removed
Effective date—
removed
In general— The amendments made by this section shall take effect on the date of the enactment of this Act.
removed
Applicability of membership and term amendments— The amendments made by subsection (a) shall apply to members of the Department of Defense Military Family Readiness Council appointed after the date of the enactment of this Act.
Sec. 572 Authorization for award of Expeditionary Medal to certain Marines for actions on June 8, 1995
changed
Section 1788a Notwithstanding any time limitation with respect to the awarding of title 10, certain medals to persons who served in the Armed Forces, the Secretary of Defense may award the Armed Forces Expeditionary Medal to a member or former member of the 24th Marine Expeditionary Unit, Special Operations Capable, for the mission to rescue Captain Scott O’Grady, United States Code, is amended—Air Force, from Bosnia on June 8, 1995.
removed
by striking “activities” each place it appears and inserting “services”;
removed
in subsection (b)(2), by striking “activity” and inserting “service”;
removed
in subsection (c), by striking “$5,000,000” and inserting “$10,000,000”; and
removed
in subsection (e), by adding at the end the following new paragraph:
removed
“(4) The term “family support services” includes costs of transportation, food, lodging, child care, supplies, fees, and training materials for immediate family members of members of the armed forces assigned to special operations forces while participating in programs under subsection (a).”
Sec. 573 Award of medals or other commendations to handlers of military working dogs and military working dogs
changed
Expansion to include all spouses of members of the armed forces on active duty—Short title— Section 3330d This section may be cited as the “Guardians of title 5, United States Code, is amended—America’s Freedom Medal Act”.
added
Award of medals or other commendations to handlers of military working dogs and military working dogs—
added
Program of award required— Each Secretary of a military department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs, and to military working dogs, under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.
added
Medal and commendations— Any medal or commendation awarded pursuant to a program under paragraph (1) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.
added
Regulations— Medals and commendations shall be awarded under programs under paragraph (1) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.
removed
in subsection (a)—
removed
by striking paragraphs (3), (4), and (5); and
removed
by redesignating paragraph (6) as paragraph (3);
removed
by striking subsections (b) and (c) and inserting the following new subsection (b):
removed
“(b) Appointment authority—The head of an agency may appoint noncompetitively—
removed
“(1) a spouse of a member of the Armed Forces on active duty; or
removed
“(2) a spouse of a disabled or deceased member of the Armed Forces.”
removed
by redesignating subsection (d) as subsection (c); and
removed
in subsection (c), as so redesignated, by striking “subsection (a)(6)” in paragraph (1) and inserting “subsection (a)(3)”.
removed
Clerical amendment— The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3330d and inserting the following new item:
removed
Heading amendment— The heading of such section is amended to read as follows:
removed
“3330d. Appointment of military spouses”
removed
OPM limitation and reports—
removed
Relocating spouses— With respect to the noncompetitive appointment of a relocating spouse of a member of the Armed Forces under subsection (b)(1) of section 3330d of title 5, United States Code, as amended by subsection (a), the Director of the Office of Personnel Management—
removed
shall monitor the number of such appointments;
removed
shall require the head of each agency with authority to make such appointments under such section to submit an annual report to the Director on such appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for such appointments; and
removed
not later than 18 months after the date of the enactment of this Act, shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate on the use and effectiveness of such authority.
removed
Non-relocating spouses— With respect to the noncompetitive appointment of a spouse of a member of the Armed Forces other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management—
removed
shall treat the spouse as a relocating spouse under paragraph (1); and
removed
may limit the number of such appointments.
removed
Sunset— Effective on the date that is 5 years after the date of the enactment of this Act—
removed
the authority provided by this section, and the amendments made by this section, shall expire; and
removed
the provisions of section 3330d of title 5, United States Code, amended or repealed by such section are restored or revived as if such section had not been enacted.
Sec. 574 Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom
changed
Outreach on availability Waiver of program—time limitations— The Secretary Notwithstanding the time limitations specified in section 3744 of Defense shall take appropriate actions title 10, United States Code, or any other time limitations with respect to ensure that military spouses the awarding of certain medals to persons who are eligible for participation served in the My Career Advancement Account program Armed Forces, the Secretary of the Department Army may award the Distinguished-Service Cross under section 3742 of Defense are, such title to Justin T. Gallegos for the extent practicable, made aware acts of the program.valor described in subsection (b).
changed
Comptroller General report—Acts of valor described— Not later than 180 days after the date of the enactment of this Act, the Comptroller General The acts of the United States shall submit valor referred to in subsection (a) are the Committees actions of Justin T. Gallegos on Armed Services October 3, 2009, as a member of the Senate and Army in the House grade of Representatives a report setting forth such recommendations as the Comptroller General considers appropriate regarding Staff Sergeant, serving in Afghanistan with the following:61st Cavalry Regiment, 4th Brigade Combat Team, 4th Infantry Division.
removed
Mechanisms to increase awareness of the My Career Advancement Account program of the Department of Defense among military spouses who are eligible to participate in the program.
removed
Mechanisms to increase participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program.
removed
Training for installation career counselors on program— The Secretaries of the military departments shall take appropriate actions to ensure that career counselors at military installations receive appropriate training and current information on eligibility for and use of benefits under the My Career Advancement Account program, including financial assistance to cover costs associated with professional recertification, portability of occupational licenses, professional credential exams, and other mechanisms in connection with the portability of professional licenses.
Sec. 575 Report on awards for cost-saving ideas
added Not later than 1 year after the date of enactment of this Act, Secretary of Defense shall submit to Congress a report detailing—
removed
Assessment required— The Secretary of Defense shall conduct an assessment of the effects of frequent, permanent changes of station on the stability of employment among spouses of members of the Armed Forces.
changed
Elements— The assessment required under subsection (a) shall include the following:total number of awards and commendations presented to any military personnel for a cost-saving idea during the prior fiscal year;
removed
An assessment of how frequent, permanent changes of station may contribute to unemployment or underemployment among spouses of members of the Armed Forces.
removed
An assessment of how unemployment and underemployment among military spouses may affect force readiness.
removed
Such recommendations as the Secretary considers appropriate regarding legislative or administration actions that may be carried out to achieve force readiness and stabilization through the minimization of the impacts of frequent, permanent changes in station on the stability of employment among military spouses.
changed
Report— Not later than February 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services a total estimate of the Senate and the House of Representatives total savings as a report that includes the results result of the assessment with respect to each element described in subsection (b).implementation of cost-saving ideas for which an award or commendation was presented; and
added
a description of how the Secretary plans to expand incentive programs for the purpose described in this section and streamline such programs.
Sec. 576 Eligibility of veterans of Operation End Sweep for Vietnam Service Medal
added The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.
removed
In general— The Secretary of Defense shall implement a policy to permit the issuance on a provisional or interim basis of clearances for the provision of childcare services at military childcare centers.
removed
Elements— The policy required by subsection (a) shall provide for the following:
removed
Any clearance issued under the policy shall be temporary and contingent upon the satisfaction of such requirements for the issuance of a clearance on a permanent basis as the Secretary considers appropriate.
removed
Any individual issued a clearance on a provisional or interim basis under the policy shall be subject to such supervision in the provision of childcare services using such clearance as the Secretary considers appropriate.
removed
Clearance defined— In this section, the term clearance, with respect to an individual and the provision of childcare services, means the formal approval of the individual, after appropriate background checks and other review, to provide childcare services to children at a military childcare center of the Department of Defense.
Sec. 577 Multidisciplinary teams for military installations on child abuse and other domestic violence
removed
removed
Multidisciplinary teams required—
removed
In general— Under regulations prescribed by each Secretary concerned, there shall be established and maintained for each military installation, except as provided in paragraph (2), one or more multidisciplinary teams on child abuse and other domestic violence for the purposes specified in subsection (b).
removed
Single team for proximate installations— A single multidisciplinary team described in paragraph (1) may be established and maintained under this subsection for two or more military installations in proximity with one another if the Secretary concerned determines, in consultation with the Secretary of Defense, that a single team for such installations suffices to carry out the purposes of such teams under subsection (b) for such installations.
removed
Purposes— The purposes of each multidisciplinary team maintained pursuant to subsection (a) shall be as follows:
removed
To provide for the sharing of information among such team and other appropriate personnel on the installation or installations concerned regarding the progress of investigations into and resolutions of incidents of child abuse and other domestic violence involving members of the Armed Forces stationed at or otherwise assigned to the installation or installations.
removed
To provide for and enhance collaborative efforts among such team and other appropriate personnel of the installation or installations regarding investigations into and resolutions of such incidents.
removed
To enhance the social services available to military families at the installation or installations in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services to such military families in connection with such incidents.
removed
To carry out such other duties regarding the response to child abuse and other domestic violence at the installation or installations as the Secretary concerned considers appropriate for such purposes.
removed
Personnel—
removed
In general— Each multidisciplinary team maintained pursuant to subsection (a) shall be composed of the following:
removed
One or more judge advocates.
removed
Appropriate personnel of one or more military criminal investigation services.
removed
Appropriate mental health professionals.
removed
Appropriate medical personnel.
removed
Family advocacy case workers.
removed
Such other personnel as the Secretary or Secretaries concerned consider appropriate.
removed
Expertise and training— Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, as the Secretary concerned shall specify for purposes of this section in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section. The training and expertise so specified shall include training and expertise on special victims' crimes, including child abuse and other domestic violence.
removed
Coordination and collaboration with non-military resources—
removed
Use of community resources serving installations— In providing under this section for a multidisciplinary team for a military installation or installations that benefit from services or resources on child abuse or other domestic violence that are provided by civilian entities in the vicinity of the installation or installations, the Secretary concerned may take the availability of such services or resources to the installation or installations into account in providing for the composition and duties of the team.
removed
Best practices— The Secretaries concerned shall take appropriate actions to ensure that multidisciplinary teams maintained pursuant to subsection (a) remain fully and currently apprised of best practices in the civilian sector on investigations into and resolutions of incidents of child abuse and other domestic violence and on the social services provided in connection with such incidents.
removed
Collaboration— In providing for the enhancement of social services available to military families in accordance with subsection (b)(3), the Secretaries concerned shall permit, facilitate, and encourage multidisciplinary teams to collaborate with appropriate civilian agencies in the vicinity of the military installations concerned with regard to availability, provision, and use of such services to and by such families.
removed
Annual reports— Not later than March 1 of each year from 2020 through 2022, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of multidisciplinary teams maintained pursuant to subsection (a) under the jurisdiction of such Secretary during the preceding year. Each report shall set forth, for the period covered by such report, the following:
removed
A summary description of the activities of the multidisciplinary teams concerned, including the number and composition of such teams, the recurring activities of such teams, and any notable achievements of such teams.
removed
A description of any impediments to the effectiveness of such teams.
removed
Such recommendations for legislative or administrative action as such Secretary considers appropriate in order to improve the effectiveness of such teams.
removed
Such other matters with respect to such teams as such Secretary considers appropriate.
removed
Secretary concerned—
removed
Definition— In this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.
removed
Usage with respect to multiple installations— For purposes of this section, any reference to “Secretary concerned” with respect to a single multidisciplinary team established and maintained pursuant to subsection (a) for two or more military installations that are under the jurisdiction of different Secretaries concerned, shall be deemed to refer to each Secretary concerned who has jurisdiction of such an installation, acting jointly.
Sec. 578 Pilot program for military families: prevention of child abuse and training on safe childcare practices
removed
removed
Pilot program—
removed
Purpose— In order to reduce child abuse and fatalities due to abuse or neglect in covered households, the Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot program to—
removed
provide information regarding safe childcare practices to covered households;
removed
identify and assess risk factors for child abuse in covered households; and
removed
facilitate connections between covered households and community resources.
removed
Prohibition on delegation— The Secretary may not carry out the pilot program through the Family Advocacy Program.
removed
Locations— The Secretary shall carry out the pilot program at no fewer than five military installations that reflect a range of characteristics including the following:
removed
Urban location.
removed
Rural location.
removed
Large population.
removed
Small population.
removed
High incidence of child abuse, neglect, or both.
removed
Low incidence of child abuse, neglect, or both.
removed
Presence of a hospital or clinic.
removed
Lack of a hospital or clinic.
removed
Joint installation.
removed
Serving only one Armed Force.
removed
Term— The pilot program shall terminate two years after implementation.
removed
Design— The Secretary shall design the pilot program in consultation with military family groups to respond to the needs of covered households.
removed
Elements— The pilot program shall include the following elements:
removed
Postnatal services, including screening to identify family needs and potential risk factors, and make referrals to appropriate community services with the use of the electronic data described in subparagraphs (F) and (G).
removed
The Secretary shall identify at least three approaches to screening, identification, and referral under subparagraph (A) that empirically improve outcomes for parents and infants.
removed
Services and resources designed for a covered household by the Secretary after considering the information gained from the screening and identification under subparagraph (A). Such services and resources may include or address the following:
removed
General maternal and infant health exam.
removed
Safe sleeping environments.
removed
Feeding and bathing.
removed
Adequate child supervision.
removed
Common hazards.
removed
Self-care.
removed
Postpartum depression, substance abuse, or domestic violence.
removed
Community violence.
removed
Skills for management of infant crying.
removed
Other positive parenting skills and practices.
removed
The importance of participating in ongoing healthcare for an infant and for treating postpartum depression.
removed
Finding, qualifying for, and participating in available community resources with respect to infant care, childcare, parenting support, and home visits.
removed
Planning for parenting or guardianship of children during deployment and reintegration.
removed
Such other matters as the Secretary, in consultation with military families, considers appropriate.
removed
Home visits to provide support, screening and referral services shall be offered as needed. The number of visits offered shall be guided by parental interest and family need, but in general is expected to be no more than three.
removed
If a parent is deployed at the time of birth—
removed
the first in-home visit under subparagraph (D) shall, to the extent practicable, incorporate both parents, in person with the local parent and by electronic means with the deployed parent; and
removed
another such home visit shall be offered upon the return of the parent from deployment, and shall include both parents, if determined in the best interest of the family.
removed
An electronic directory of community resources available to covered households and pilot program personnel to help covered households access such resources.
removed
An electronic integrated data system to—
removed
help pilot program personnel refer eligible covered beneficiaries to services and resources under the pilot program;
removed
track usage of such services and resources and interactions between such personnel and covered households; and
removed
evaluate the implementation, outcomes, and effectiveness of the pilot program.
removed
Voluntary participation— Participation in the pilot program shall be at the election of a covered beneficiary in an eligible household.
removed
Outreach—
removed
In general— Not later than 30 days after implementing the pilot program, the Secretary shall notify each covered household of the services provided under subsection (b).
removed
Covered households with newborns— No later than 30 days after a birth in a covered household, the Secretary shall contact such covered household to encourage participation in the pilot program.
removed
Assessments—
removed
Number— The Secretary shall carry out no fewer than five assessments of the pilot program.
removed
Comparison installations— For purposes of this subsection, the Secretary shall also select such number of other military installations the Secretary determines appropriate as comparison installations for purposes of assessing the outcomes of the pilot.
removed
Assessment— The Secretary shall assess each of the following:
removed
Success in contacting covered households for participation in the pilot.
removed
The percentage of covered households that elect to participate in the pilot program.
removed
The extent to which covered households participating in the pilot program are connected to services and resources under the pilot program.
removed
The extent to which covered households participating in the pilot program use services and resources under the pilot program.
removed
Compliance of pilot program personnel with pilot program protocols.
removed
Reports—
removed
Initial report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the pilot program under this section. The report shall include a comprehensive description of the assessments under subsection (d), as well as the following:
removed
Which installations the Secretary selected for the pilot program under subsection (a)(2).
removed
Why the Secretary selected the installations described in subparagraph (A).
removed
Names of the installations the Secretary selected as comparison installations under subsection (d)(2).
removed
How the pilot program is carried out, including strategy and metrics for evaluating effectiveness of the pilot program.
removed
Final report— Not later than 180 days after the termination of the pilot program, the Secretary shall submit to the committees specified in paragraph (1) a final report on the pilot program. The report shall include the following:
removed
A comprehensive description of, and findings of, the assessments under subsection (d).
removed
A comprehensive description and assessment of the pilot.
removed
Such recommendations for legislative or administrative action the Secretary determines appropriate, including whether to—
removed
extend the term of the pilot program;
removed
expand the pilot program to additional installations; or
removed
make the pilot program permanent.
removed
Departmental implementation— If the Secretary determines that any element of the pilot program is effective, the Secretary shall implement such element permanently for the Department of Defense.
removed
Definitions— In this section:
removed
The term “covered household” means a household that—
removed
contains an eligible covered beneficiary; and
removed
is located at a location selected by the Secretary for the pilot program.
removed
The term eligible covered beneficiary means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who obtains prenatal or obstetrical care in a military medical treatment facility in connection with a birth covered by the pilot program.
removed
With respect to a military installation, the term community means the catchment area for community services of the installation, including services provided on the installation by the Secretary and services provided by State, county, and local jurisdictions in which the installation is located, or in the vicinity of the installation.
Sec. 579 Assessment and report on small business activities of military spouses on military installations in the United States
removed
removed
Assessment required— The Secretary of Defense shall conduct an assessment of the feasibility and advisability of permitting military spouses to engage in small business activities on military installations in the United States and in partnership with commissaries, exchange stores, and other morale, welfare, and recreation facilities of the Armed Forces in the United States.
removed
Elements— The assessment required under subsection (a) shall—
removed
take into account the usage by military spouses of installation facilities, utilities, and other resources in the conduct of small business activities on military installations in the United States and such other matters in connection with the conduct of such business activities by military spouses as the Secretary considers appropriate; and
removed
seek to identify mechanisms to ensure that costs and fees associated with the usage by military spouses of such facilities, utilities, and other resources in connection with such business activities does not meaningfully curtail or eliminate the opportunity for military spouses to profit reasonably from such business activities.
removed
Report— Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the results of the assessment, including the results with respect to each element described in subsection (b).
Sec. 581 Public availability of top-line numbers of deployed members of the Armed Forces
changed
Service certificate required—In general— The Except as provided in subsection (b), the Secretary of Defense shall design and produce make publicly available, on a military service certificate, to be known quarterly basis, on a website of the Department the top-line numbers of members of the Armed Forces deployed for each country as of the “Atomic Veterans Service Certificate”, to honor retired date of the submittal of the report and former the total number of members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).so deployed during the quarter covered by the report.
changed
Distribution of certificate—Waiver—
changed
Issuance to retired and former members—In general— At the request of a radiation-exposed veteran, the The Secretary of Defense shall issue may waive the Atomic Veterans Service Certificate to requirement under subsection (a) in the veteran.case of a sensitive military operation if—
added
the Secretary determines the public disclosure of the number of deployed members of the Armed Forces could reasonably be expected to provide an operational military advantage to an adversary; or
added
members of the Armed Forces are deployed for a period that does not exceed 30 days.
changed
Issuance to next-of-kin—Notice— In If the case of Secretary issues a radiation-exposed veteran who is deceased, waiver under this subsection, the Secretary may provide for issuance of the Atomic Veterans Service Certificate submit to the next-of-kin congressional defense committees a notice of the person.waiver and the reasons for the determination that led to the waiver.
added
Public availability— If a waiver is issued under this subsection, notice of such waiver shall be included in the report made publicly available under subsection (a) for the applicable quarter, together with information about the timing of the waiver.
added
Sensitive military operation defined— The term “sensitive military operation” has the meaning given that term in section 130f(d) of title 10, United States Code.
Sec. 582 Criteria for interment at Arlington National Cemetery
changed
Program of award required—Criteria— Each The Secretary of a military department the Army, in consultation with the Secretary of Defense, shall carry out a program to provide prescribe revised criteria for interment at Arlington National Cemetery that preserve Arlington National Cemetery as an active burial ground “well into the award future,” as that term is used in the report submitted by the Secretary of one or more medals or other commendations the Army to handlers the Committees on Veterans' Affairs and the Committees on Armed Services of military working dogs under the jurisdiction House of such Secretary to recognize valor or meritorious achievement by such handlers Representatives and dogs.the Senate, dated February 14, 2017, and titled “The Future of Arlington National Cemetery: Report on the Cemetery’s Interment and Inurnment Capacity 2017”.
changed
Medals and commendations—Deadline— Any medal or commendation awarded pursuant to a program under subsection (a) shall be of such design, and include such elements, as the The Secretary of the military department concerned Army shall specify. The Secretary concerned may use an existing award to carry out such program.establish the criteria under subsection (a) not later than September 30, 2019.
removed
Presentation and acceptance— Any medal or commendation awarded pursuant to a program under subsection (a) may be presented to and accepted by the handler concerned on behalf of the handler and the military working dog concerned.
removed
Regulations— Medals and commendations shall be awarded under programs under subsection (a) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.
Sec. 583 Report on general and flag officer costs
added Not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on general and flag officer costs. Such report shall include cost estimates for direct and indirect costs associated with general and flag officers generally and for specific positions in accordance with the recommendations of the Office of the Secretary of Defense-Cost Assessment and Program Evaluation report entitled “Defining General and Flag Officer Costs” dated December 2017, including—
removed
Waiver of time limitations— Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitations with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to Justin T. Gallegos for the acts of valor described in subsection (b).
changed
Acts of valor described— The acts of valor referred to in subsection (a) are the actions of Justin T. Gallegos on October 3, 2009, as a member of the Army in direct compensation for all general and flag officers and for specific general and flag officer positions, using the grade full cost of Staff Sergeant, serving in Afghanistan with the 61st Cavalry Regiment, 4th Brigade Combat Team, 4th Infantry Division.manpower model to estimate where possible;
added
personal money allowances for positions that receive an allowance;
added
deferred compensation and health care costs for all general and flag officers and for specific general and flag officer positions;
added
costs associated with providing security details for specific general and flag officer positions that merit continuous security;
added
costs associated with Government and commercial travel for general and flag officers who qualify for tier one or two travel, including commercial travel costs using defense travel sytstem data;
added
general flag officer per diems for specific positions, based on average travel per diem costs;
added
costs for enlisted and officer aide housing for general and flag officers generally and for specific general and flag officer positions, including basic housing assistance costs for staff;
added
on a case-by-case basis, costs associated with enlisted and officer aide travel, taking into consideration the cost of data collection;
added
costs associated with additional support staff for general and flag officers and their travel, equipment, and per diem costs for all general and flag officers and specific general and flag officer positions based on the average numbers per general or flag officer and estimations using the full cost of manpower model;
added
costs associated with the upkeep and maintenance of official residences not captured by basic housing assistance; and
added
costs associated with training for general and flag officers generally and specific general and flag officer positions using estimations from the full cost of manpower model.
Sec. 584 Report on outside employment of senior personnel
added
added
Report required— Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit a report to Congress on requests by senior personnel for approval of outside employment during the preceding fiscal year.
added
Elements— The report under this section shall contain the following regarding:
added
The number of such requests.
added
The number of such requests approved.
added
The types of positions for which senior personnel made such requests.
added
The range and average of the time commitment for such positions.
added
The range and average of the compensation for such positions.
added
Any ethical lapses or abuses by senior personnel in the course of employment pursuant to approved requests.
added
Senior personnel defined— In this section, the term “senior personnel” means any of the following:
added
An officer in the regular or reserve component of an armed force above the grade of O–6.
added
An employee of the Department of Defense in the Senior Executive Service.
Sec. 585 Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program
added
added
Report required—
added
In general— The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the recommendations contained in the audit conducted by the Army Audit Agency of the Army’s Marketing and Advertising Program concerning contract oversight and return on investment.
added
Contents— The report required by paragraph (1) shall address each of the following:
added
The mitigation and oversight measures implemented to assure improved program return and contract management including the establishment of specific goals to measure long-term effects of investments in marketing efforts.
added
The establishment of a review process to regularly evaluate the effectiveness and efficiency of marketing efforts including efforts to better support the accessions missions of the Army.
added
The increase of acquisition and marketing experience within the Army Marketing and Research Group (hereinafter in this section referred to as the “AMRG”).
added
A workforce analysis of AMRG in cooperation with the Office of Personnel Management and industry experts assessing the AMRG organizational structure, staffing, and training, including an assessment of the workplace climate and culture internal to the AMRG.
added
The establishment of an Army Marketing and Advisory Board comprised of senior Army and marketing and advertising leaders and an assessment of industry and service marketing and advertising best practices including a plan to incorporate relevant practices.
added
The status of the implementation of contracting practices recommended by the Army Audit Agency’s audit of contracting oversight of AMRG contained in Audit Report A–2018–0033–MTH.
added
Limitation on use of funds— Not more than 60 percent of the amounts authorized to be appropriated or otherwise made available in this Act for the AMRG for fiscal year 2019 for advertising and marketing activities may be obligated or expended until the Secretary of the Army submits the report required by subsection (a).
added
Comptroller General review— Not later than 90 days after the date of the submittal of the report required by subsection (a), the Comptroller General of the United States shall conduct a review of the results and implementation of the recommendations of the Army Audit Agency Audits of the AMRG on contract oversight and return on investment. Such review shall include an assessment of the effects of the implementation of the recommendations on the AMRG leadership, workforce and business practices, and return on investment.
Sec. 586 Inclusion of blast exposure history in service records
addedadded The Secretary of Defense shall ensure that blast exposure history is included in the service records of members of the Armed Forces in a manner that will assist in determining whether a future illness or injury is service connected.
Sec. 587 Cybersecurity educational programs and awareness in Junior Reserve Officer Training Corps
addedadded The Secretaries of the military departments shall encourage the Junior Reserve Officer Training Corps to include cybersecurity educational programs and awareness in the curriculum of the Corps, including lessons on cyber defense, risks of cybersecurity vulnerabilities in the military, and pursuing studies and careers in cybersecurity and related fields within the Department of Defense.
Sec. 588 Publication of guidance and information on housing markets near certain military installations
added
added
In general— The Secretary of Defense shall develop and make publicly available guidance and information about the housing market around military installations in the continental United States. Such guidance and information shall be designed to assist members of the Armed Forces in better using their basic allowance for housing.
added
Matters for inclusion— The information and guidance under subsection (a) shall include—
added
information on the housing market around the installation, including—
added
information about deciding whether to rent or buy, including taking into consideration the average deployment cycle for that military installation and permanent change of station timelines;
added
information about houses and apartments;
added
considerations of living with a roommate; and
added
information about working with and through a landlord;
added
suggested bedroom and bathroom and square footage for each basic allowance for housing category;
added
recommended zip codes in which to look for properties;
added
information about the availability of public transportation;
added
average commute times to military installation and wait times at nearest gate; and
added
a list of realtors and real estate brokers who work in the area, including any complaints registered against such realtors and brokers.
added
GAO report— The Comptroller General of the United States shall submit to Congress a report on a review of the Comptroller General of the rate setting procedure for basic allowance for housing. Such review shall cover how the Department of Defense collects basic allowance for housing data and shall include an analysis of each of the following:
added
Whether the process in use is the most efficient process.
added
Whether the information collected is publically available elsewhere.
added
Whether the data collected reflects what is available through open source methods.
added
How basic allowance for housing rates and cost of living adjustments are interrelated.
added
Whether members of the Armed Forces about whom data is collected are receiving loan protections on interest rates pursuant to the Servicemembers Civil Relief Act.
added
Whether such members of the Armed Forces experience issues when they need to break leases for a deployment or permanent change of station.
Sec. 589 Assistance of States for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program
addedadded Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended—
added
by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and
added
by inserting after subsection (j) the following new subsection (k):
added “(k) Support beyond Program—The Secretary of Defense shall provide funding to States to carry out programs that provide deployment cycle information, services, and referrals to members of the Armed Forces, including members of the regular components and members of the reserve components, and the families of such members, throughout the deployment cycle. Such programs may include the provision of access to outreach services, including the following:
added “(1) Employment counseling.
added “(2) Behavioral health counseling.
added “(3) Suicide prevention.
added “(4) Housing advocacy.
added “(5) Financial counseling.
added “(6) Referrals for the receipt of other related services.”
Sec. 590 Exemption from repayment of voluntary separation pay
addedadded Section 1175a(j) of title 10, United States Code, is amended—
added
in paragraph (1) by striking “paragraphs (2) and (3)” and inserting “paragraphs (2), (3), and (4)”;
added
by redesignating paragraph (4) as paragraph (5); and
added
by inserting after paragraph (3) the following new paragraph:
added “(4) This subsection shall not apply to a member who—
added “(A) is involuntarily recalled to active duty or full-time National Guard duty; and
added “(B) in the course of such duty, incurs a service-connected disability rating of total under section 1155 of title 38.”
Sec. 591 Service of wounded warriors as remotely piloted aircraft pilots or remotely piloted aircraft sensor operators in the Air Force
changed
Date of submittal—Program required— Subsection (a) The Secretary of section 115a the Air Force shall establish a program under which a qualified wounded warrior who faces retirement or separation from the Armed Forces for physical disability may continue, in lieu of title 10, United States Code, is amended such retirement or separation, to serve in the matter preceding paragraph (1) by striking “not later than 45 days after the date on which” and inserting “on Armed Forces as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator in the date on which”.Air Force.
added
Eligibility qualifications—
added
Modification of physical requirements— In the case of wounded warriors only, the Secretary of the Air Force shall modify the physical fitness requirements applicable to a wounded warrior who is seeking to serve, or is serving, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the wounded warrior is incapable of meeting such requirements, such as completing an annual physical training test, due to the service-related disability, but otherwise satisfies the remotely piloted aircraft medical standard.
added
Medical waivers— The restriction on medical waivers contained in section 6.4.5.1 of Air Force Instruction 48–123 shall not apply to the program required by this section.
added
Continued applicability of other requirements— To serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, a wounded warrior applicant would still have to pass—
added
the applicable Air Force Officer Qualifying Test or Armed Services Vocational Aptitude Battery; and
added
the applicable security and mental health requirements.
added
Automatic disqualification— A wounded warrior may not be selected to serve, or continue to serve, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the Secretary of the Air Force determines that—
added
the wounded warrior presents a hazard to flying safety or mission completion;
added
performance of the duty would be hazardous to the health of the wounded warrior; or
added
the wounded warrior is diagnosed with post-traumatic stress disorder, traumatic brain injury, or any other mental disorder that could hinder mission performance.
added
Priority for certain wounded warriors— In selecting wounded warriors to serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, the Secretary of the Air Force shall give priority to wounded warriors whose disability was incurred—
added
in the line of duty in a combat zone designated by the Secretary of Defense; or
added
during the performance of duty in combat-related operations as designated by the Secretary of Defense.
added
Transfer authority— In the case of a wounded warrior who is not a member of the Air Force, the Secretary of the Air Force shall cooperate with the Secretary concerned having jurisdiction over the wounded warrior to transfer the wounded warrior from the other Armed Force to the Air Force to permit the wounded warrior to be selected for the program under this section.
added
Wounded warrior defined— In this section, the term “wounded warrior” means a member of the Armed Forces who—
added
is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred in the line of duty; and
added
is under consideration for retirement or separation under chapter 61 of title 10, United States Code, or has been placed on the temporary disability retired list.
removed
Specification of anticipated opportunities for promotion of commissioned officers— Subsection (d) of such section is amended by adding the following new paragraph:
removed
“(4) The opportunities for promotion of commissioned officers anticipated to be estimated pursuant to section 623(b)(4) of this title for the fiscal year in which such report is submitted for purposes of promotion selection boards convened pursuant to section 611 of this title during such fiscal year.”
Sec. 592 Transportation of remains of casualties; travel expenses for next of kin
added
Transportation for remains of a member who dies not in a theater of combat operations— Section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended—
added
in the heading, by striking “dying in a theater of combat operations”; and
added
in subsection (a), by striking “in a combat theater of operations” and inserting “outside of the United States”.
removed
Section 985 of title 10, United States Code, is amended—
changed
Transportation for family— in subsection (b), by striking “A person The Secretary of Defense shall revise Department of Defense Instruction 1300.18 to extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who is ineligible” in die outside of the matter preceding paragraph (1) United States and inserting “Except as provided in subsection (c), a person who is ineligible”;whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware.
removed
by redesignating subsection (c) as subsection (d); and
removed
by inserting after subsection (b) the following new subsection (c):
removed
“(c) Unclaimed remains of military prisoners—Subsection (b) shall not preclude the burial at the United States Disciplinary Barracks Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including a military prisoner who is a person described in section 2411(b) of title 38, who dies while in custody of a military department and whose remains are not claimed by the person authorized to direct disposition of the remains or by other persons legally authorized to dispose of the remains.”
Sec. 593 Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child
changed
Section 9355 1408 of title 10, United States Code, is amended by striking subsection (d) and inserting the following new subsection:amended—
added
in subsection (e)—
added
in paragraph (1), by striking “The” and inserting “Subject to subsection (l)(2), the”; and
added
in paragraph (4)(B), by striking “other provision of law” and inserting “provision of law except subsection (l)(2)”; and
added
in subsection (l)(2), by striking the second sentence and inserting “The limitations on the amount of disposable retired pay available for payments under paragraphs (1) and (4)(B) of subsection (e) do not apply to a child abuse garnishment order.”.
removed
“(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Air Force, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board.”
Sec. 594 Use of mobile applications for training manuals
added The Secretary of Defense shall encourage the military departments to transition training manuals, emergency guidance, and other publications needed to train members of the Armed Forces to applications on mobile telephones that use innovative technologies and provide for interaction between trainees and information needed to complete training in a manner that is cost efficient.
removed
Definitions— Section 551(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2130) is amended—
removed
in paragraph (1), by inserting after “United States Code)” the following: “or active status (as that term is defined in subsection (d)(4) of such section)”;
removed
in paragraph (2)—
removed
by striking “‘national service’” and inserting “‘public service’”; and
removed
by striking “or State Government” and inserting “, State, Tribal, or local government”;
removed
in paragraph (3)—
removed
by striking “‘public service’” and inserting “‘national service’”; and
removed
by striking “employment” and inserting “participation”; and
removed
by adding at the end the following new paragraph:
removed
“(4) The term establishment date means September 19, 2017.”
removed
Exception to Paperwork Reduction Act— Section 555(e) of that Act (130 Stat. 2134) is amended by adding at the end the following new paragraph:
removed
“(4) Paperwork Reduction Act—For purposes of developing its recommendations, the information collection of the Commission may be treated as a pilot project under section 3505(a) of title 44, United States Code. In addition, the Commission shall not be subject to the requirements of section 3506(c)(2)(A) of such title.”
Sec. 595 Addressing attrition levels of women in the military
changed
In general— Except as provided in subsection (b), the Secretary of Defense shall make publicly available, on a quarterly basis, on a website of the Department the top-line numbers of members of the Armed Forces deployed for each country as of Not later than 1 year after the date of the submittal enactment of the report and this Act, the total number Secretary of Defense shall develop and carry out an exit survey to be completed by members of the Armed Forces so deployed during to assist the quarter covered by Secretary to assess the report.reasons that attrition levels for women are higher than for men at various career points.
removed
Waiver—
removed
In general— The Secretary may waive the requirement under subsection (a) in the case of a sensitive military operation if—
removed
the Secretary determines the public disclosure of the number of deployed members of the Armed Forces could reasonably be expected to provide an operational military advantage to an adversary; or
removed
members of the Armed Forces are deployed for a period that does not exceed 30 days.
removed
Notice— If the Secretary issues a waiver under this subsection, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives—
removed
a notice of the waiver; and
removed
the reasons for the determination to issue the waiver.
removed
Sensitive military operation defined— The term “sensitive military operation” has the meaning given that term in section 130f(d) of title 10, United States Code.
Sec. 596 Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act
added Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3937(b)(1)) is amended to read as follows:
added “(1) Proof of military service
added “(A) In general—Not later than 180 days after the date of a servicemember's termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—
added “(i) the military orders calling the servicemember to military service and any orders further extending military service; or
added “(ii) any other appropriate indicator of military service, including a certified letter from a commanding officer.
added “(B) Independent verification by creditor
added “(i) In general—Regardless of whether a servicemember has provided to a creditor the written notice and documentation under subparagraph (A), the creditor may use, in lieu of such notice and documentation, information retrieved from the Defense Manpower Database Center through the creditor’s normal business reviews of the Database Center for purposes of obtaining information indicating that the servicemember is on active duty.
added “(ii) Safe harbor—A creditor that uses the information retrieved from the Defense Manpower Database Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—
added “(I) such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and
added “(II) the creditor has not, as of such date, received the written notice and documentation required under subparagraph (A) with respect to the servicemember.”
removed
Report required— Not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on general and flag officer costs.
removed
Elements— The report required under subsection (a) shall include cost estimates for direct and indirect costs associated with general and flag officers generally and for specific positions in accordance with the recommendations of the report of the Office of the Secretary of Defense, Office of Cost Assessment and Program Evaluation titled “Defining General and Flag Officer Costs” dated December 2017, including—
removed
direct compensation for all general and flag officers and for specific general and flag officer positions, using the full cost of manpower model to estimate where possible;
removed
personal money allowances for positions that receive an allowance;
removed
deferred compensation and health care costs for all general and flag officers and for specific general and flag officer positions;
removed
costs associated with providing security details for specific general and flag officer positions that merit continuous security;
removed
costs associated with Government and commercial travel for general and flag officers who qualify for tier one or two travel, including commercial travel costs using defense travel system data;
removed
general flag officer per diems for specific positions, based on average travel per diem costs;
removed
costs for enlisted and officer aide housing for general and flag officers generally and for specific general and flag officer positions, including basic housing assistance costs for staff;
removed
on a case-by-case basis, costs associated with enlisted and officer aide travel, taking into consideration the cost of data collection;
removed
costs associated with additional support staff for general and flag officers and their travel, equipment, and per diem costs for all general and flag officers and specific general and flag officer positions based on the average numbers per general or flag officer and estimations using the full cost of manpower model;
removed
costs associated with the upkeep and maintenance of official residences not captured by basic housing assistance; and
removed
costs associated with training for general and flag officers generally and specific general and flag officer positions using estimations from the full cost of manpower model.
Sec. 597 Report regarding possible improvements to processing retirements and medical discharges
changed
Review—Report required— Not later than 180 days after the date of the enactment of this Act, the Comptroller General Secretary of Defense, in consultation with the United States Secretary of Veterans Affairs, shall submit issue a report to the congressional defense committees and the Committees on Armed Services Veterans’ Affairs of the Senate and House of Representatives a briefing and report on regarding possible improvements to the effects transition of consecutive service on active duty service obligations for medical training as they relate members of the Armed Forces to other service obligations for education or training.veteran status.
changed
Matters included—Elements— The briefing and report under subsection (a) shall include address the following:
changed
The extent Feasibility of requiring members of the Armed Forces to which consecutive active duty service obligations apply for medical education and training may affect recruiting and retention benefits administered by the Secretary of health professionals in Veterans Affairs before such members complete discharge from the military health system.Armed Forces.
changed
The extent to which Feasibility of requiring members of the military departments Armed Forces to undergo compensation and pension examinations (to be administered by the Department Secretary of Defense use incentive pay authority to recruit and retain health professionals.Defense) for purposes of obtaining benefits described in paragraph (1) before such members complete discharge from active duty in the Armed Forces.
changed
The extent Possible improvements to which the military departments and the Department timeliness of Defense consider geographic location and competition in the civilian health professional marketplace when developing incentive pay and competitive salaries.process for transitioning members who undergo medical discharge to care provided by the Secretary of Veterans Affairs.
removed
A comparison of salaries for—
removed
military physicians and dentists with critical medical and dental skills; and
removed
civilian physicians and dentists with comparable skills.
removed
The extent to which consecutive service obligations may result in unintended consequences relating to—
removed
general medical officers;
removed
residency training;
removed
enrollment at the Uniformed Services University; and
removed
other matters related to consecutive service obligations on medical training.
removed
Any other matter the Comptroller General determines is appropriate.
Sec. 598 Chaplaincies of the Armed Forces
changed
Criteria—Purpose— The Secretary of the Army, in consultation with the Secretary purposes of Defense, shall prescribe revised criteria for interment at Arlington National Cemetery that preserve Arlington National Cemetery as an active burial ground “well into the future,” as that term is used in the report submitted by the Secretary chaplaincies of the Army to the Committees on Veterans' Affairs and the Committees on Armed Services of the House of Representatives and the Senate, dated February 14, 2017, and titled “The Future of Arlington National Cemetery: Report on the Cemetery’s Interment and Inurnment Capacity 2017”.Forces are—
added
to accommodate the religious needs of members of the Armed Forces;
added
to provide religious and pastoral care to members of the Armed Forces; and
added
to provide advice to commanders of the Armed Forces on the complexities of religion with regard to the respective commander’s personnel and mission, as appropriate.
changed
Deadline—Requirements— The Secretary Each chaplain of the Army Armed Forces shall establish the criteria under subsection (a) not later than September 30, 2019.be—
added
a member of a religious organization;
added
of sufficient education and ecclesiastical qualification; and
added
qualified to conduct religious observances or ceremonies.
Sec. 599 Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program
removed
removed
Report required—
removed
In general— The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the recommendations contained in the audit conducted by the Army Audit Agency of the Army’s Marketing and Advertising Program concerning contract oversight and return on investment.
removed
Contents— The report required by paragraph (1) shall address each of the following:
removed
The mitigation and oversight measures implemented to assure improved program return and contract management including the establishment of specific goals to measure long-term effects of investments in marketing efforts.
removed
The establishment of a review process to regularly evaluate the effectiveness and efficiency of marketing efforts including efforts to better support the accessions missions of the Army.
removed
The increase of acquisition and marketing experience within the Army Marketing and Research Group (hereafter in this section referred to as the “AMRG”).
removed
A workforce analysis of the AMRG in cooperation with the Office of Personnel Management and industry experts assessing the AMRG organizational structure, staffing, and training, including an assessment of the workplace climate and culture internal to the AMRG.
removed
The establishment of an Army Marketing and Advisory Board comprised of senior Army and marketing and advertising leaders and an assessment of industry and service marketing and advertising best practices, including a plan to incorporate relevant practices.
removed
The status of the implementation of contracting practices recommended by the Army Audit Agency’s audit of contracting oversight of the AMRG contained in Audit Report A–2018–0033–MTH.
removed
Limitation on use of funds— Not more than 60 percent of the amounts authorized to be appropriated or otherwise made available in this Act for the AMRG for fiscal year 2019 for advertising and marketing activities may be obligated or expended until the Secretary of the Army submits the report required by subsection (a).
removed
Comptroller General review— Not later than 90 days after the date of the submittal of the report required by subsection (a), the Comptroller General of the United States shall conduct a review of the results and implementation of the recommendations of the Army Audit Agency Audits of the AMRG on contract oversight and return on investment. Such review shall include an assessment of the effects of the implementation of the recommendations on the AMRG leadership, workforce and business practices, and return on investment.
Sec. 600 Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act
removed
removed
Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3937(b)(1)) is amended to read as follows:
removed
“(1) Proof of military service
removed
“(A) In general—Not later than 180 days after the date of a servicemember's termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—
removed
“(i) the military orders calling the servicemember to military service and any orders further extending military service; or
removed
“(ii) any other appropriate indicator of military service, including a certified letter from a commanding officer.
removed
“(B) Independent verification by creditor
removed
“(i) In general—A creditor may use, in lieu of notice and documentation under subparagraph (A), information retrieved from the Defense Manpower Data Center through the creditor’s normal business reviews of such Center for purposes of obtaining information indicating that the servicemember is on active duty.
removed
“(ii) Safe harbor—A creditor that uses the information retrieved from the Defense Manpower Data Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—
removed
“(I) such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and
removed
“(II) the creditor has not, by the end of the 180-day period under subparagraph (A), received the written notice and documentation required under that subparagraph with respect to the servicemember.”
Sec. 601 Prompt review of request for imminent danger pay
added Section 310(d)(1) of title 37, United States Code, is amended by adding at the end the following new sentence: “The Secretary of Defense shall issue a determination regarding special pay under this section not later than 90 days after receiving a request for such determination from the commander of a geographic combatant command.”.
removed
Repeal— Section 414 of title 37, United States Code, is amended—
removed
by striking subsection (b); and
removed
by redesignating subsection (c) as subsection (b).
removed
Effective date— The amendments made by subsection (a) shall take effect on December 31, 2018, and shall apply with respect to personal money allowances payable under section 414 of title 37, United States Code, for years beginning after that date.
Sec. 602 Application of basic allowance for housing to members of the uniformed services in the Virgin Islands
added
In general— Section 403(b) of title 37, United States Code, is amended—
added
in the heading, by inserting “and the Virgin Islands” after “the United States”;
added
in paragraph (1), by inserting “and the Virgin Islands” after “the United States”; and
added
in paragraphs (2), (3)(A), and (6), by inserting “or the Virgin Islands” after “the United States” each place it appears.
added
Conforming amendments— Section 403(c) of title 37, United States Code, is amended—
added
in the heading, by inserting “or the Virgin Islands” after “the United States”; and
added
in paragraphs (1), (2), (3)(A)(i), and (3)(B), by inserting “or the Virgin Islands” after “the United States” each place it appears.
added
Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to payments under section 403 of title 37, United States Code, beginning on January 1, 2019.
removed
Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting “section 12304b of title 10 or” after “under” the first place it appears.
Sec. 603 Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation
added Section 1967(a)(3) of title 38, United States Code, is amended—
removed
Members— Section 474(d)(3) of title 37, United States Code, is amended by adding at the end the following new sentence: “The Secretary of a military department shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the temporary duty assignment in the locality of a member of the armed forces under the jurisdiction of the Secretary.”.
changed
Civilian employees— Section 5702(a)(2) of title 5, United States Code, is amended by adding at the end the following new sentence: “The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department.”.subparagraph (A), by striking “subparagraphs (B) and (C)” and inserting “subparagraphs (B), (C), and (D)”; and
added
by adding at the end the following new subparagraph:
added “(D) In the case of a member who elects under paragraph (2)(A) not to be insured under this section, or who elects under subparagraph (B) to be insured for an amount less than the maximum amount provided under subparagraph (A), and who is deployed to a combat theater of operations the member—
added “(i) shall be insured under this subchapter for the maximum amount provided under subparagraph (A) for the period of such deployment; and
added “(ii) upon the end of such deployment—
added “(I) shall be insured in the amount elected by the member under subparagraph (B); or
added “(II) shall not be insured, if so elected under paragraph (2)(A)”
removed
Repeals—
removed
Existing policy and regulations— The policy, and any regulations issued pursuant to such policy, implemented by the Secretary of Defense on November 1, 2014, with respect to reductions in per diem allowances based on duration of temporary duty assignment or civilian travel shall have no force or effect.
removed
Attempted statutory fix— Section 672 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 37 U.S.C. 474 note; 130 Stat. 2178) is repealed.
Sec. 604 Military Housing Privatization Initiative
added
Payment authority— Each month beginning on the first month after the date of the enactment of this Act, the Secretary shall pay a lessor of covered housing 5 percent of the amount calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for the area in which the covered housing exists. Any such payment shall be in addition to any other payment made by the Secretary to that lessor.
added
Plan for MHPI housing— Not later than December 1, 2018, the Secretary shall submit to the congressional defense committees a long-range plan to develop measures to consistently address the future sustainment, recapitalization, and financial condition of MHPI housing. The plan shall include—
added
efforts to mitigate the losses incurred by MHPI housing projects because of the reductions to BAH under section 603 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 37 U.S.C. 403(b)(3)(B)); and
added
a full assessment of the effects of such reductions (in relation to calculations of market rates for rent and utilities) on the financial condition of MHPI housing.
added
Reporting— The Secretary shall direct the Assistant Secretary of Defense for Energy, Installations, and Environment to take the following steps regarding reports under section 2884(c) of title 10, United States Code:
added
Provide additional contextual information on MHPI housing to identify any differences in the calculation of debt coverage ratios and any effect of such differences on their comparability.
added
Immediately resume issuing such reports on the financial condition of MHPI housing.
added
Revise Department of Defense guidance on MHPI housing—
added
to ensure that relevant financial data (such as debt coverage ratios) in such reports are consistent and comparable in terms of the time periods of the data collected;
added
to include a requirement that the secretary of each military department includes measures of future sustainment into each assessments of MHPI housing projects; and
added
to require the secretary of each military department to define risk tolerance regarding the future sustainability of MHPI housing projects.
added
Report financial information on future sustainment of each MHPI housing project in such reports.
added
Provide Department of Defense guidance to the secretaries of the military departments to—
added
assess the significance of the specific risks to individual MHPI housing projects from the reduction in BAH; and
added
identify methods to mitigate such risks based on their significance.
added
Not later than December 1, 2018, finalize Department of Defense guidance that clearly defines—
added
the circumstances in which the military departments shall provide notification of housing project changes to the congressional defense committees; and
added
which types of such changes require prior notification to or prior approval from the congressional defense committees.
added
Definitions— In this section:
added
The term “BAH” means the basic allowance for housing under section 403 of title 37, United States Code.
added
The term “covered housing” means a unit of MHPI housing that is leased to a member of a uniformed service who resides in such unit.
added
The term “MHPI housing” means housing acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative).
removed
Section 481i(b)(1) of title 37, United States Code, is amended by striking “as a recruiter for any” and inserting “at a recruiting facility”.
Sec. 605 Per diem allowance policies
added
Policy and regulations—
added
Existing policy and regulations— The Secretary of each military department may not implement the policy in the memorandum dated October 1, 2014, titled “UTD/CTS for MAP 118-13/CAP 118-13 – Flat Rate Per Diem for Long Term TDY”, regarding per diem allowances, or any regulations prescribed pursuant to such memorandum, on or after the date of the enactment of this Act.
added
Future policy and regulations—
added
The Secretary of each military department concerned may not implement a new policy regarding per diem allowances under section 474 of title 37, United States Code, until after the Secretary of Defense issues the report under subsection (b).
added
The Secretary of the military department concerned shall notify the appropriate congressional committees not less than 60 days before implementing a new policy regarding per diem allowances under section 474 of title 37, United States Code.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue a report to the appropriate congressional committees regarding options to reduce travel costs incurred by the Department of Defense, including the adoption of practices used by private entities.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means the congressional defense committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.
removed
Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting “section 12304b of title 10 or” after “under”.
Sec. 606 Report on imminent danger pay and hostile fire pay
changed
Payment authority—Report required— Each month beginning on the first month after Not later than March 1, 2019, the date Secretary of Defense shall submit to the enactment Committees on Armed Services of this Act, the Secretary shall pay a lessor of covered housing 5 percent of Senate and the amount calculated under section 403(b)(3)(A)(i) House of title 37, United States Code, for the area in which Representatives a report examining the covered housing exists. Any such payment shall be in addition current processes for awarding imminent danger pay and hostile fire pay to any other payment made by members of the Secretary to that lessor.Armed Forces.
changed
Plan for MHPI housing—Elements— Not later than December 1, 2018, the Secretary This report under this section shall submit to the congressional defense committees a long-range plan to develop measures to consistently address include the future sustainment, recapitalization, and financial condition of MHPI housing. The plan shall include—following:
changed
efforts to mitigate the losses incurred by MHPI housing projects because of the reductions to BAH under section 603 An analysis of difficulties in implementing the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 37 U.S.C. 403(b)(3)(B)); andcurrent system.
changed
a full assessment of the effects An explanation of such reductions (in relation how geographic regions are selected to calculations of market rates be eligible for rent such pay and utilities) on the financial condition of MHPI housing.criteria used to define these regions.
added
An examination of whether the current geographic model is the most appropriate way to award such pay, including the following:
added
A discussion of whether the current model most accurately reflects the realities of modern warfare and is responsive enough to the needs of members.
added
Whether the Secretary believes it would be appropriate to tie such pay to specific authorizations for deployments (including deployments of special operations forces) in addition to geographic criteria.
added
A description of any change the Secretary would consider to update such pay to reflect the current operational environment.
added
How the Secretary would implement each change under subparagraph (C).
added
Recommendations of the Secretary for related regulations or legislative action.
removed
Reporting— The Secretary shall direct the Assistant Secretary of Defense for Energy, Installations, and Environment to take the following steps regarding reports under section 2884(c) of title 10, United States Code:
removed
Provide additional contextual information on MHPI housing to identify any differences in the calculation of debt coverage ratios and any effect of such differences on their comparability.
removed
Immediately resume issuing such reports on the financial condition of MHPI housing.
removed
Revise Department of Defense guidance on MHPI housing—
removed
to ensure that relevant financial data (such as debt coverage ratios) in such reports are consistent and comparable in terms of the time periods of the data collected;
removed
to include a requirement that the secretary of each military department includes measures of future sustainment into each assessments of MHPI housing projects; and
removed
to require the secretary of each military department to define risk tolerance regarding the future sustainability of MHPI housing projects.
removed
Report financial information on future sustainment of each MHPI housing project in such reports.
removed
Provide Department of Defense guidance to the secretaries of the military departments to—
removed
assess the significance of the specific risks to individual MHPI housing projects from the reduction in BAH; and
removed
identify methods to mitigate such risks based on their significance.
removed
Not later than December 1, 2018, finalize Department of Defense guidance that clearly defines—
removed
the circumstances in which the military departments shall provide notification of housing project changes to the congressional defense committees; and
removed
which types of such changes require prior notification to or prior approval from the congressional defense committees.
removed
Definitions— In this section:
removed
The term “BAH” means the basic allowance for housing under section 403 of title 37, United States Code.
removed
The term “covered housing” means a unit of MHPI housing that is leased to a member of a uniformed service who resides in such unit.
removed
The term “MHPI housing” means housing acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative) on or before September 30, 2014.
Sec. 607 Sense of Congress regarding the widows’ tax
addedadded It is the sense of Congress that—
added
section 621 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) amended section 1450(m) of title 10, United States Code, to make permanent the special survivor indemnity allowance;
added
under the special survivor indemnity allowance, surviving spouses and dependent children of members who die of a service-connected cause will not be subject to a full offset of survivor benefit plan payments by dependency and indemnity compensation, commonly referred to as the “widows’ tax”; and
added
while the special survivor indemnity allowance alleviates the gap in benefits, the whole Congress must work together to find a way to eliminate the widows’ tax entirely.
Sec. 608 Reevaluation of BAH for the military housing area including Staten Island
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, using the most recent data available to the Secretary, shall reevaluate the basic housing allowance prescribed under section 403(b) of title 37, United States Code, for the military housing area that includes Staten Island, New York.
Sec. 609 Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components
added
added
Compensation— Section 206(a) of title 37, United States Code, is amended—
added
in paragraph (2), by striking “or” at the end;
added
in paragraph (3), by striking the period at the end and inserting “; or”; and
added
by adding the end the following new paragraph:
added “(4) for each of 6 days in connection with the taking by the member of a period of maternity leave.”
added
Credit for retired pay purposes—
added
In general— The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member's entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.
added
Separate credit for each period of leave— Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event.
added
When credited— Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences.
added
Contribution of leave toward entitlement to retired pay— Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:
added “(F) Points at the rate of 12 a year for the taking of maternity leave.”
added
Computation of years of service for retired pay— Section 12733 of such title is amended—
added
by redesignating paragraph (5) as paragraph (6); and
added
by inserting after paragraph (4) the following new paragraph (5):
added “(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”
added
Effective date— This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of maternity leave that commence on or after that date.
Sec. 612 Report on imminent danger pay and hostile fire pay
removed
removed
Report required— Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report examining the current processes for awarding imminent danger pay and hostile fire pay to members of the Armed Forces.
removed
Elements— This report under this section shall include the following:
removed
An analysis of difficulties in implementing the current system.
removed
An explanation of how geographic regions are selected to be eligible for such pay and the criteria used to define these regions.
removed
An examination of whether the current geographic model is the most appropriate way to award such pay, including the following:
removed
A discussion of whether the current model most accurately reflects the realities of modern warfare and is responsive enough to the needs of members.
removed
Whether the Secretary believes it would be appropriate to tie such pay to specific authorizations for deployments (including deployments of special operations forces) in addition to geographic criteria.
removed
A description of any change the Secretary would consider to update such pay to reflect the current operational environment.
removed
How the Secretary would implement each change under subparagraph (C).
removed
Recommendations of the Secretary for related regulations or legislative action.
Sec. 621 Expansions of installation benefits to surviving spouses, dependent children, and other next of kin
added
Issuance of Gold Star Installation Access Cards—
added
Issuance and conditions on use—
added
In general— Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:
added “1126a. Gold Star Installation Access Card: issuance and protections
added “(a) Issuance to Gold Star surviving spouse and dependent children of deceased member required—The Secretary concerned shall provide for the issuance of a standardized Gold Star Installation Access Card to the widow and dependent children of a deceased member of the armed forces described in section 1126(a) of this title to facilitate their ability to gain unescorted access to military installations for the purpose of attending memorial events, visiting gravesites, and obtaining the on-installation services and benefits to which they are entitled or eligible.
added “(b) Issuance to other next of kin authorized—At the discretion of the Secretary concerned, the Secretary concerned may provide the Gold Star Installation Access Card to the parents and other next of kin of a deceased member of the armed forces described in section 1126(a) of this title.
added “(c) Service-Wide acceptance of access card—The Secretaries concerned shall work together to ensure that a Gold Star Installation Access Card issued by one armed force is accepted for access to military installations under the jurisdiction of another armed force.
added “(d) Protection of installation security—In developing, issuing, and accepting the Gold Star Installation Access Card, the Secretary concerned may take such measures as the Secretary concerned considers necessary—
added “(1) to prevent fraud in the procurement or use of the Gold Star Installation Access Card;
added “(2) to limit installation access to those areas of the installation that provide the services and benefits for which the recipient of the Gold Star Installation Access Card is entitled or eligible; and
added “(3) to ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security.
added “(e) Termination—The Gold Star Installation Access Card for the widow and dependent children of a deceased member of the armed forces shall remain valid for the life of the widow or child, regardless of subsequent marital status of the widow, subject to periodic renewal as determined by the Secretary concerned to ensure military installation security.”
added
Clerical amendment— The table of sections at the beginning of chapter 57 of title 10, United States Code, is amended by inserting after the item relating to section 1126 the following new item:
added
Applicability of current definitions— Section 1126(d) of title 10, United States Code is amended by striking the matter preceding paragraph (1) and inserting the following: “In this section and section 1126a of this title:”.
removed
Short title— This section may be cited as the “Purple Heart and Disabled Veterans Equal Access Act of 2018”.
changed
Commissary stores Extension of commissary and MWR facilities privileges exchange benefits for certain veterans and veteran caregivers—remarried spouses with dependent children—
changed
Extension of privileges—Benefits— Chapter 54 Section 1062 of title 10, United States Code, is amended by adding at the end the following new section:amended—
added
by striking “The Secretary of Defense” and inserting the following:
added “(a) Certain unremarried former spouses—The Secretary of Defense”
added
by adding at the end the following new subsection:
added “(b) Certain remarried surviving spouses—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, who has guardianship of dependent children of the deceased member is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as the unremarried surviving spouse of a member of the uniformed services.”
removed
“1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans
removed
“(a) Eligibility of veterans awarded the Purple Heart—A veteran who was awarded the Purple Heart shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
removed
“(b) Eligibility of veterans who are Medal of Honor recipients—A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
removed
“(c) Eligibility of veterans who are former prisoners of war—A veteran who is a former prisoner of war shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
removed
“(d) Eligibility of veterans with service-Connected disabilities—A veteran with a service-connected disability shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
removed
“(e) Eligibility of caregivers for veterans—A caregiver or family caregiver shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
removed
“(f) User fee authority
removed
“(1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.
removed
“(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.
removed
“(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.
removed
“(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.
removed
“(g) Definitions—In this section:
removed
“(1) The term MWR facilities includes—
removed
“(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and
removed
“(B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.
removed
“(2) The term “Medal of Honor recipient” has the meaning given that term in section 1074h(c) of this title.
removed
“(3) The terms veteran, “former prisoner of war”, and “service-connected” have the meanings given those terms in section 101 of title 38.
removed
“(4) The terms “caregiver” and “family caregiver” have the meanings given those terms in section in section 1720G(d) of title 38.”
changed
Clerical amendment—Conforming amendments— The table of sections at the beginning of chapter 54 Section 1062 of title 10, United States Code, is amended by adding at the end the following new item:further amended—
added
by striking “commissary and exchange privileges” and inserting “use commissary stores and MWR retail facilities”; and
added
by adding at the end the following new subsection:
added “(c) MWR retail facilities—The term MWR retail facilities has the meaning given that term in section 1063(e) of this title.”
added
Clerical amendments—
added
Section heading— The heading of section 1062 of title 10, United States Code, is amended to read as follows:
added “1062. Certain former spouses and surviving spouses”
added
Table of sections— The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item:
removed
Effective date— Section 1065 of title 10, United States Code, as added by paragraph (1), shall take effect on January 1, 2020.
removed
Briefing required— Not later than October 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing on the plan of the Secretary to implement section 1065 of title 10, United States Code, as added by paragraph (1).
Sec. 622 Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total
changed
Months for which adjustment applicable—Availability of transportation— Paragraph (2) of section 1450(m) Section 2641b of title 10, United States Code, is amended—
changed
in subparagraph (I), by striking “December” and inserting “November”; redesignating subsection (f) as subsection (g); and
changed
in subparagraph (J), by striking “for months during any calendar year after 2018” and inserting “for months after November 2018”.subsection (e) the following new subsection (f):
added “(f) Special priority for certain disabled veterans
added “(1) The Secretary of Defense shall provide transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.
added “(2) The transportation priority required by paragraph (1) for veterans described in such paragraph applies whether or not the Secretary establishes the travel program authorized by this section.
added “(3) In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38.”
changed
Cost of living adjustment—Effective date— Paragraph (6) Subsection (f) of such section is amended—2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.
removed
in the paragraph heading, by striking “after 2018” and inserting “after November 2018”; and
removed
by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:
removed
“(A) In general—Whenever retired pay is increased for a month under section 1401a of this title (or any other provision of law), the amount of the allowance payable under paragraph (1) for that month shall also be increased.
removed
“(B) Amount of increase—With respect to an eligible survivor of a member of the uniformed services, the increase for a month shall be—
removed
“(i) the amount payable pursuant to paragraph (2) for months during the preceding 12-month period; plus
removed
“(ii) an amount equal to a percentage of the amount determined pursuant to clause (i), which percentage is the percentage by which the retired pay of the member would have increased for the month, as described in subparagraph (A), if the member was alive (and otherwise entitled to such pay).
removed
“(C) Rounding down—The monthly amount of an allowance payable under this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
removed
“(D) Public notice on amount of allowance payable—Whenever an increase in the amount of the allowance payable under paragraph (1) is made pursuant to this paragraph, the Secretary of Defense shall publish the amount of the allowance so payable by reason of such increase, including the months for which payable.”
removed
Effective date— The amendments made by this section shall take effect on December 1, 2018.
Sec. 623 Extension of parking expenses allowance to civilian employees at recruiting facilities
added Section 481i(b)(1) of title 37, United States Code, is amended by striking “as a recruiter for any” and inserting “at a recruiting facility”.
removed
In general— Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“2568a. Damaged personal protective equipment: award to members separating from the Armed Forces and veterans
removed
“(a) In general—The Secretary of a military department, acting through a disposition service distribution center of the Defense Logistics Agency, may award to a covered individual the demilitarized PPE of that covered individual. The award of PPE under this section shall be without cost to the covered individual.
removed
“(b) Definitions—In this section:
removed
“(1) The term “covered individual” means—
removed
“(A) a member of the armed forces—
removed
“(i) under the jurisdiction of the Secretary concerned; and
removed
“(ii) who is separating from the armed forces; or
removed
“(B) a veteran who was under the jurisdiction of the Secretary concerned while a member of the armed forces.
removed
“(2) The term “PPE” means personal protective equipment that was damaged in combat or otherwise—
removed
“(A) during the deployment of a covered individual; and
removed
“(B) after September 11, 2001.”
removed
Clerical amendment— The table of sections at the beginning of chapter 152 of such title is amended by adding at the end the following new item:
Sec. 624 Advisory boards regarding military commissaries and exchanges
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.
removed
In general— Subsection (c) of section 2641b of title 10, United States Code, is amended—
removed
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
removed
by inserting after paragraph (3) the following new paragraph (4):
removed
“(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.”
removed
Conditions and limitations— Such section is further amended—
removed
by redesignating subsection (f) as subsection (g); and
removed
by inserting after subsection (e) the following new subsection (f):
removed
“(f) Veterans with service-connected disabilities rated as total
removed
“(1) Travel may not be provided under this section to a veteran eligible for travel pursuant to subsection (c)(4) in priority over any member eligible for travel under subsection (c)(1) or any dependent of such a member eligible for travel under this section.
removed
“(2) The authority in subsection (c)(4) may not be construed as affecting or in any way imposing on the Department of Defense, any armed force, or any commercial company with which they contract an obligation or expectation that they will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Department or such armed force to accommodate passengers provided travel under such authority on account of disability.
removed
“(3) The authority in subsection (c)(4) may not be construed as preempting the authority of a flight commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft.”
Sec. 625 Study and report on development of a single defense resale system
added
Study— The Secretary of Defense shall conduct a study to determine the feasibility of consolidating the military resale entities into a single defense resale system. Such study shall include the following:
added
A financial assessment of consolidation of the military resale entities.
added
A business case analysis of consolidation of the military resale entities.
added
Organizational, operational, and business model integration plans for consolidation of the military resale entities.
added
Determinations of which back-office processes and systems associated with finance and payment processing technologies the Secretary could convert to common technologies.
removed
Section 1967(a)(3) of title 38, United States Code, is amended—
changed
Report— in subparagraph (A), by striking “subparagraphs (B) and (C)” and inserting “subparagraphs (B), (C), and (D)”; andNot later than January 1, 2019, the Secretary shall submit a report to the congressional defense committees regarding the study under subsection (a). That report shall contain the following:
added
Details of the internal and external organizational structures of a consolidated defense resale system.
added
Recommendations of the Secretaries of each of the military departments regarding the plan to consolidate the military resale entities.
added
The costs and associated plan for the merger of technologies or implementation of new technology from a third-party provider to standardize financial management and accounting processes of a consolidated defense resale system.
added
Best practices to maximize reductions in costs associated with back-office retail payment processing for a consolidated defense resale system.
added
A timeline for converting the Defense Commissary Agency into a non-appropriated fund instrumentality under section 2484(j) of title 10, United States Code.
added
A determination whether the business case analysis supports consolidation of the military resale entities.
added
Recommendations of the Secretary for legislation related to consolidation of the military resale entities.
added
Other elements the Secretary determines are necessary for a successful evaluation of a consolidation of the military resale entities.
changed
Prohibition on use of funds— by adding at None of the end amounts authorized to be appropriated or otherwise made available in this Act may be obligated or expended for the following new subparagraph:purpose of implementing consolidation of the military resale entities until October 1, 2019.
added
Military resale entities defined— In this section the term “military resale entities” means—
added
the Defense Commissary Agency;
added
the Army and Air Force Exchange Service;
added
the Navy Exchange; and
added
the Marine Corps Exchange.
removed
“(D) In the case of a member who elects under paragraph (2)(A) not to be insured under this section, or who elects under subparagraph (B) to be insured for an amount less than the maximum amount provided under subparagraph (A), and who is deployed to a combat theater of operations the member—
removed
“(i) shall be insured under this subchapter for the maximum amount provided under subparagraph (A) for the period of such deployment; and
removed
“(ii) upon the end of such deployment—
removed
“(I) shall be insured in the amount elected by the member under subparagraph (B); or
removed
“(II) shall not be insured, if so elected under paragraph (2)(A).”
Sec. 626 Designation of new beneficiary under the Survivor Benefit Plan
added Section 1448(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph (H):
added “(H) Election of new beneficiary by terminally ill participant
added “(i) Authority for election—A participant in the Plan may elect a new beneficiary if the Secretary concerned determines that the participant is terminally ill. Any such beneficiary must be a natural person with an insurable interest in the participant.
added “(ii) Procedures—Such an election shall be in writing, signed by the participant, and made in such form and manner as the Secretary concerned may prescribe. Such an election shall be effective the first day of the first month following the month in which the election is received by the Secretary.”
removed
Procedures for access of surviving spouses required— The Secretary of Defense, acting jointly with the Secretary of Homeland Security, shall establish procedures by which an eligible surviving spouse may obtain unescorted access, as appropriate, to military installations in order to receive benefits to which the eligible surviving spouse may be entitled by law or policy.
removed
Procedures for access of next of kin authorized—
removed
In general— The Secretary of Defense, acting jointly with the Secretary of Homeland Security, may establish procedures by which the next of kin of a covered member of the Armed Forces, in addition to an eligible surviving spouse, may obtain access to military installations for such purposes and under such conditions as the Secretaries jointly consider appropriate.
removed
Next of kin— If the Secretaries establish procedures pursuant to paragraph (1), the Secretaries shall jointly specify the individuals who shall constitute next of kin for purposes of such procedures.
removed
Considerations— Any procedures established under this section shall—
removed
be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments;
removed
minimize any administrative burden on a surviving spouse or dependent child, including through the elimination of any requirement for a surviving spouse to apply as a personal agent for continued access to military installations in accompaniment of a dependent child;
removed
take into account measures required to ensure the security of military installations, including purpose and eligibility for access and renewal periodicity; and
removed
take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate.
removed
Deadline— The procedures required by subsection (a) shall be established by the date that is not later than one year after the date of the enactment of this Act.
removed
Definitions— In this section:
removed
The term eligible surviving spouse means an individual who is a surviving spouse of a covered member of the Armed Forces, without regard to whether the individual remarries after the death of the covered member of the Armed Forces.
removed
The term “covered member of the Armed Forces” means a member of the Armed Forces who dies while serving—
removed
on active duty; or
removed
on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section.
Sec. 627 Report regarding management of military commissaries and exchanges
changed
Study—Report required— The Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a study submit to determine the feasibility congressional defense committees a report regarding management practices of consolidating the military resale entities into a single defense resale system. Such study shall include the following:commissaries and exchanges.
removed
A financial assessment of consolidation of the military resale entities.
removed
A business case analysis of consolidation of the military resale entities.
removed
Organizational, operational, and business model integration plans for consolidation of the military resale entities.
removed
Determinations of which back-office processes and systems associated with finance and payment processing technologies the Secretary could convert to common technologies.
changed
Report—Elements— Not later than January 1, 2019, the Secretary shall submit a The report to the congressional defense committees regarding the study required under subsection (a). That report this section shall contain include a cost-benefit analysis with the following:goals of—
changed
Details of reducing the internal and external organizational structures costs of a consolidated defense resale system.operating military commissaries and exchanges by $2,000,000,000 during fiscal years 2019 through 2023; and
changed
Recommendations of the Secretaries of each not raising costs for patrons of the military departments regarding the plan to consolidate the military resale entities.commissaries and exchanges.
removed
The costs and associated plan for the merger of technologies or implementation of new technology from a third-party provider to standardize financial management and accounting processes of a consolidated defense resale system.
removed
Best practices to maximize reductions in costs associated with back-office retail payment processing for a consolidated defense resale system.
removed
A timeline for converting the Defense Commissary Agency into a non-appropriated fund instrumentality under section 2484(j) of title 10, United States Code.
removed
A determination whether the business case analysis supports consolidation of the military resale entities.
removed
Recommendations of the Secretary for legislation related to consolidation of the military resale entities.
removed
Other elements the Secretary determines are necessary for a successful evaluation of a consolidation of the military resale entities.
removed
Prohibition on use of funds— None of the amounts authorized to be appropriated or otherwise made available in this Act may be obligated or expended for the purpose of implementing consolidation of the military resale entities until October 1, 2019.
removed
Military resale entities defined— In this section the term “military resale entities” means—
removed
the Defense Commissary Agency;
removed
the Army and Air Force Exchange Service;
removed
the Navy Exchange; and
removed
the Marine Corps Exchange.
Sec. 628 Access for veterans to certain fitness centers
added
added
In general— Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:
added “2569. Fitness centers: access for veterans
added “(a) In general—Subject to subsection (b), the Secretary of a military department may grant veterans access to a fitness center that—
added “(1) is under the jurisdiction of such Secretary; and
added “(2) is operated by a geographically separated unit that is located not less than 100 miles from the supporting base of such unit.
added “(b) Factors for consideration—In determining whether to grant veterans access to a fitness center under subsection (a), the Secretary concerned shall consider—
added “(1) whether the commander who oversees the fitness center has determined—
added “(A) that such fitness center has the capacity and infrastructure required to support veterans; and
added “(B) that granting veterans such access would not impede the readiness of members of the armed forces on active duty who use the fitness center;
added “(2) the effect that granting veterans such access would have on the operating and maintenance expenses of the fitness center; and
added “(3) any additional criteria determined by the Secretary concerned.
added “(c) Definition—In this section, the term “veteran” has the meaning given such term in section 101 of title 38.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following:
Sec. 629 Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers
added
added
Short title— This section may be cited as the “Purple Heart and Disabled Veterans Equal Access Act of 2018”.
added
Findings— Congress finds the following:
added
In 2017, the Secretary of Defense determined that the addition of new patron categories to the commissary and exchange systems would support the growth of a robust customer base and help ensure the ability of both systems to provide benefits to members of the Armed Forces and their families.
added
The Secretary previously opposed extending commissary and exchange privileges to large patron groups such as disabled veterans.
added
In January 2017, the Secretary of Defense approved limited online exchange shopping privileges for all veterans, effective November 11, 2017.
added
The Secretary determined that current patrons of exchanges did not perceive the extension of such privileges as diluting the benefit for members of the Armed Forces.
added
The Purple Heart is the oldest military decoration, awarded to members of the Armed Forces who have been wounded or died in combat, fighting for the United States. Since the modern incarnation of the award was established in 1932, approximately 1,800,000 members of the Armed Forces have been awarded the Purple Heart.
added
Commissary stores and MWR facilities privileges for certain veterans and veteran caregivers—
added
Extension of privileges— Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section:
added “1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans
added “(a) Eligibility of veterans awarded the Purple Heart—A veteran who was awarded the Purple Heart shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
added “(b) Eligibility of veterans who are Medal of Honor recipients—A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
added “(c) Eligibility of veterans who are former prisoners of war—A veteran who is a former prisoner of war shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
added “(d) Eligibility of veterans with service-Connected disabilities—A veteran with a service-connected disability shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
added “(e) Eligibility of caregivers for veterans—A caregiver or family caregiver shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
added “(f) User fee authority
added “(1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.
added “(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.
added “(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.
added “(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.
added “(g) Definitions—In this section:
added “(1) The term MWR facilities includes—
added “(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and
added “(B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.
added “(2) The term “Medal of Honor recipient” has the meaning given that term in section 1074h(c) of this title.
added “(3) The terms veteran, “former prisoner of war”, and “service-connected” have the meanings given those terms in section 101 of title 38.
added “(4) The terms “caregiver” and “family caregiver” have the meanings given those terms in section in section 1720G(d) of title 38.”
added
Clerical amendment— The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by adding at the end the following new item:
added
Effective date— Section 1065 of title 10, United States Code, as added by paragraph (1), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.
added
Authorization of appropriation for updating ePACS for military commissaries— There is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, $500,000 to the Secretary of Defense for the purpose of updating the electronic physical access control system used by military commissaries and exchanges so that the system may recognize and accept veteran health identification cards.
added
Sense of Congress regarding individuals awarded the Purple Heart— It is the sense of Congress that the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, should maintain a list of all individuals awarded the Purple Heart.
Sec. 701 TRICARE Medicare Advantage demonstration program
added
Establishment—
added
In general— Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall carry out a demonstration program under which, notwithstanding section 1851(c)(3) of the Social Security Act (42 U.S.C. 1395w–21(c)(3)), each covered individual is deemed, unless the individual (in accordance with a process specified by the Secretaries) elects otherwise, to have elected to receive benefits under title XVIII of such Act (42 U.S.C. 1395 et seq.) through a participating MA plan, with respect to the military health system region involved, (and shall be enrolled in such plan) for each plan year during which such demonstration program is carried out. In carrying out the demonstration program, the Secretary shall ensure that a covered individual who is enrolled in an MA plan in a military health system region selected under paragraph (3) that is not a participating MA plan may remain in such non-participating MA plan without making an election through such process specified in the previous sentence.
added
Duration— Subject to subsection (d), the demonstration program established under paragraph (1) shall be carried out for a period of not less than 2 plan years.
added
Participating MA plans—
added
Definition— For purposes of this section, the term “participating MA plan” means, with respect to a military health system region selected under paragraph (3) and a plan year beginning during the period during which the demonstration project is carried out, an eligible Medicare Advantage plan that enters into a contract under paragraph (2) with the Secretary of Defense to participate in the demonstration program under this section for such plan year.
added
Selection of plans—
added
In general— The Secretary shall, after consultation with the TRICARE managed care support contractor in each military health system region selected under paragraph (3) and with respect to each plan year beginning the period during which such demonstration program is carried out, enter into a contract with one or more eligible Medicare Advantage plans described in subparagraph (B) to participate in the demonstration program for such plan year, with respect to such military health system region. Under such contract, the Medicare Advantage organization offering such plan, with respect to such military health system region, shall agree to provide coverage under such plan to all covered individuals residing in such region during such plan year.
added
Eligible Medicare Advantage plan— For purposes of this section, an eligible Medicare Advantage plan, with respect to a military health system region selected under paragraph (3), is an MA plan that satisfies the following conditions, with respect to a plan year beginning during the period during which the demonstration program is carried out:
added
The Medicare Advantage organization offering the plan has in effect a contract with the Secretary of Health and Human Services under section 1857 of the Social Security Act (42 U.S.C. 1395w–27) for offering such plan to MA eligible individuals in such military health system region with respect to such plan year.
added
The plan is, or is treated as, a qualifying plan under section 1853(o)(3) of such Act (42 U.S.C. 1395w–23(o)(3)), with respect to such plan year.
added
Selection of military health system regions— The Secretary shall select two military health system regions in which to carry out the demonstration program, one from each TRICARE managed care support contractor region. Each such region shall have a large concentration of beneficiaries eligible for TRICARE for Life.
added
Costs of program—
added
Department of Defense— The Secretary shall bear the costs to the Department of Defense and realize any potential savings to the Department that result from the demonstration program.
added
Cost neutrality— The costs paid under the demonstration program by the United States to the participating Medicare Advantage plans, and the costs paid by the United States pursuant to TRICARE for Life, for the period of the demonstration program, with respect to covered individuals enrolled in such plans during such period, may not exceed the estimated costs that would have been paid by the United States during such period for providing health care benefits to such individuals through the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act and TRICARE for Life, as adjusted to account for the age, location, and health status of the population.
added
Certifications required to carry out program—
added
Certifications— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for each plan year occurring during the period during which the demonstration program is carried out, the Secretary shall submit to the appropriate congressional committees a report and certification on the demonstration program. If the Secretary does not submit the certification by such date each year, the Secretary may not carry out the demonstration program for the plan year or any subsequent plan year.
added
Elements— Each report and certification under paragraph (1), with respect to a plan year, shall include the following:
added
Except for the first report and certification submitted under paragraph (1)—
added
a certification that the demonstration program maintains cost neutrality pursuant to subsection (c)(2);
added
the number of covered individuals eligible to be enrolled in the demonstration program and the number of covered individuals who opted out of such enrollment in each participating MA plan in each such region; and
added
an assessment of the number of covered individuals enrolled in participating Medicare Advantage plans under the demonstration program that have reached the limit on out-of-pocket expenditures applied under the respective plan.
added
A certification that the access standards for the TRICARE program are met in the Medicare Advantage plans selected under subsection (b)(2).
added
A description of the average premium rates, and copayments or cost sharing, if any, for each participating MA plan in each military health system region selected under subsection (b)(3).
added
A description of the quality rating determined under the 5-star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w–23(o)(4)) for such plan year for each participating MA plan.
added
Any recommendations by the Secretary with respect to any legislative actions to improve the demonstration program.
added
Report— Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report providing a comprehensive assessment of the demonstration program.
added
Regulations—
added
In general— The Secretary may prescribe regulations to expeditiously implement the demonstration program under subsection (a).
added
Rulemaking— The Secretary shall carry out paragraph (1)—
added
by prescribing an interim final rule; and
added
not later than 180 days after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committees on Armed Services, Ways and Means, and Energy and Commerce of the House of Representatives; and
added
the Committees on Armed Services, Finance, and Health, Education, Labor, and Pensions of the Senate.
added
The term covered individual means an individual who—
added
is a Medicare Advantage eligible individual (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w–21(a)(3)));
added
is enrolled in TRICARE for Life; and
added
resides in a ZIP Code that is located—
added
in a military health system region selected under subsection (b)(3); and
added
at least 40 miles from a military medical center or a military hospital described in subsections (b) and (c) of section 1073d of title 10, United States Code.
added
The term Medicare Advantage organization has the meaning given that term in section 1859 of the Social Security Act (42 U.S.C. 1395w–28).
added
The term Medicare Advantage plan means a health plan under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w–21 et seq.).
added
The term “plan year” has the meaning given such term for purposes of such part.
added
The term Secretary means the Secretary of Defense.
added
The terms TRICARE program and TRICARE for Life have the meanings given those terms in section 1072 of title 10, United States Code.
removed
Section 1074m of title 10, United States Code, is amended—
removed
in subsection (a)(1)(C), by striking “Once” and inserting “Subject to subsection (d), once”; and
removed
in subsection (d), by striking “subsection (a)(1)(D)” and inserting “subparagraph (C) or (D) of subsection (a)(1)”.
Sec. 702 Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma
In general— The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions.
Discharge through partnerships— The pilot program authorized by subsection (a) shall be carried out through partnerships with public, private, and non-profit health care organizations, universities, and institutions that—
provide health care to members of the Armed Forces;
provide evidence-based treatment for psychological and neurological conditions that are common among members of the Armed Forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression;
provide health care, support, and other benefits to family members of members of the Armed Forces; and
provide health care under the TRICARE program (as that term is defined in section 1072 of title 10, United States Code).
Program activities— Each organization or institution that participates in a partnership under the pilot program authorized by subsection (a) shall—
carry out intensive outpatient programs of short duration to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions;
use evidence-based and evidence-informed treatment strategies in carrying out such programs;
share clinical and outreach best practices with other organizations and institutions participating in the pilot program; and
annually assess outcomes for members of the Armed Forces individually and among the organizations and institutions participating in the pilot program with respect to the treatment of conditions described in paragraph (1).
Evaluation metrics— Before commencement of the pilot program, the Secretary shall establish metrics to be used to evaluate the effectiveness of the pilot program and the activities under the pilot program.
Reports—
Initial report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program authorized by subsection (a). The report shall include a description of the pilot program and such other matters on the pilot program as the Secretary considers appropriate.
Final report— Not later than 180 days after the cessation of the pilot program under subsection (f), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on the pilot program. The report shall include the following:
changed
A description of the pilot program, including the partnerships partnership under the pilot program as described in subsection (b).
An assessment of the effectiveness of the pilot program and the activities under the pilot program.
Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program, including recommendations for extension or making permanent the authority for the pilot program.
Termination— The Secretary may not carry out the pilot program authorized by subsection (a) after the date that is three years after the date of the enactment of this Act.
Sec. 703 Pilot program on cryopreservation and storage
added
added
In general— The Secretary of Defense shall establish a pilot program to provide not greater than 1,000 members of the Armed Forces on active duty in the Armed Forces with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.
added
Period of time—
added
In general— The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or of a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.
added
Continued cryopreservation and storage— At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:
added
To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.
added
To transfer the gametes to a private cryopreservation and storage facility selected by the individual.
added
Disposal of gametes— If an individual described in paragraph (2) does not make a selection under subparagraph (A) or (B) of such paragraph, the Secretary may dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the 1-year period specified in paragraph (1) with respect to the individual.
added
Advance medical directive and military testamentary instrument— A member of the Armed Forces who elects to cryopreserve and store their gametes under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.
added
Agreements— To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.
Sec. 704 Mental health assessments for members of the Armed Forces deployed in support of a contingency operation
addedadded Section 1074m(a)(1)(B) of title 10, United States Code, is amended by striking “Until January 1, 2019, once” and inserting “Once”.
Sec. 705 Counseling and treatment for substance use disorders and chronic pain management services for members who separate from the Armed Forces
addedadded Section 1145(a)(6)(B)(i) of title 10, United States Code, is amended—
added
in subclause (I)—
added
by inserting “, substance use disorder,” after “post-traumatic stress disorder”; and
added
by striking “and” at the end;
added
by redesignating subclause (II) as subclause (III); and
added
by inserting after subclause (I) the following:
added “(II) chronic pain management services, including counseling and treatment of co-occurring mental health disorders and alternatives to opioid analgesics; and”
Sec. 711 Transition of administration by Defense Health Agency of military medical treatment facilities
added Section 1073c(a) of title 10, United States Code, is amended—
added
in paragraph (1), by striking “Beginning October 1, 2018,” and inserting “In accordance with paragraph (3), by not later than September 30, 2020,”;
added
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
added
by inserting after paragraph (2) the following new paragraph (3):
added “(3)
added “(A) The Secretary of Defense shall establish a timeline to ensure that each Secretary of a military department transitions the administration of military medical treatment facilities from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.
added “(B) In carrying out this subsection, and in addition to the requirements under section 1073d(e) of this title, the Secretary of Defense may not close any military medical treatment facility, limit the health services provided by a military medical treatment facility, or take any action to begin such a closure or limitation, until the date on which the Secretary submits to the congressional defense committees a report containing the following:
added “(i) A certification that each Secretary of a military department has completed the transition of the administration of each military medical treatment facility from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1).
added “(ii) A description of the metrics used by the Secretary of Defense to ensure that such transition is completed.
added “(iii) A description of a cohesive headquarters structure that delineates the roles and responsibilities for each military department, the Joint Staff Surgeon, and the Defense Health Agency.
added “(iv) A description of the methodology and criteria used by the Secretary to make decisions to close any military medical treatment facility or limit the health services provided by a military medical treatment facility, including input from the affected military department.
added “(C) Not later than January 31, 2019, and every 6 months thereafter through September 30, 2020, the Director of the Defense Health Agency shall provide a briefing to the congressional defense committees on the progress of the transition under this paragraph.”
added
in paragraph (3), as so redesignated, by striking “subsection (a)” and inserting “paragraph (1)”.
removed
Administration of facilities by Director of Defense Health Agency—
removed
In general— Subsection (a) of section 1073c of title 10, United States Code, is amended—
removed
in paragraph (1), by striking “Beginning October 1, 2018,” and inserting “In accordance with paragraph (4), by not later than September 30, 2021,”;
removed
by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively;
removed
by inserting after paragraph (1) the following new paragraph (2):
removed
“(2) In addition to the responsibilities set forth in paragraph (1), the Director of the Defense Health Agency shall, commencing when the Director begins to exercise responsibilities under that paragraph, have the authority—
removed
“(A) to direct, control, and serve as the primary rater of the performance of commanders or directors of military medical treatment facilities;
removed
“(B) to direct and control any intermediary organizations between the Defense Health Agency and military medical treatment facilities;
removed
“(C) to determine the scope of medical care provided at each military medical treatment facility to meet the military personnel readiness requirements of the senior military operational commander of the military installation;
removed
“(D) to determine total workforce requirements at each military medical treatment facility;
removed
“(E) to direct joint manning at military medical treatment facilities and intermediary organizations;
removed
“(F) to address personnel staffing shortages at military medical treatment facilities; and
removed
“(G) to select among service nominations for commanders or directors of military medical treatment facilities.”
removed
by inserting after paragraph (3), as redesignated by subparagraph (B), the following new paragraph (4):
removed
“(4) The Secretary of Defense shall establish a timeline to ensure that each Secretary of a military department transitions the administration of military medical treatment facilities from such Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.”
removed
in paragraph (5), as so redesignated, by striking “subsection (a)” and inserting “paragraphs (1) and (2)”.
removed
Combat support responsibilities— Subsection (d)(2) of such section is amended by adding at the end the following new subparagraph:
removed
“(C) Ensuring that the Defense Health Agency meets the military medical readiness requirements of the senior military operational commanders of the military installations.”
removed
Limitation on closures and downsizings in connection with transition of administration— In carrying out the transition of responsibility for the administration of military medical treatment facilities pursuant to subsection (a) of section 1073c of title 10, United States Code (as amended by paragraph (1)), and in addition to any other applicable requirements under section 1073d of that title, the Secretary of Defense may not close any military medical treatment facility, or downsize any medical center, hospital, or ambulatory care center (as specified in section 1073d of that title), that addresses the medical needs of beneficiaries and the community in the vicinity of such facility, center, hospital, or care center until the Secretary submits to the congressional defense committees a report setting forth the following:
removed
A description of the methodology and criteria to be used by the Secretary to make decisions to close any military medical treatment facility, or to downsize any medical center, hospital, or ambulatory care center, in connection with the transition, including input from the military department concerned.
removed
A requirement that no closure of a military medical treatment facility, or downsizing of a medical center, hospital, or ambulatory care center, in connection with the transition will occur until 90 days after the date on which Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the closure or downsizing.
removed
Additional Defense Health Agency organizations—
removed
In general— Section 1073c of such title is further amended—
removed
by redesignating subsection (e) as subsection (f); and
removed
by inserting after subsection (d) the following new subsection (e):
removed
“(e) Additional DHA organizations—Not later than September 30, 2022, the Secretary of Defense shall, acting though the Director of the Defense Health Agency, establish within the Defense Health Agency the following:
removed
“(1) A subordinate organization, to be called the Defense Health Agency Research and Development—
removed
“(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Research and Development);
removed
“(B) comprised of the Army Medical Research and Materiel Command and such other medical research organizations and activities of the armed forces as the Secretary considers appropriate; and
removed
“(C) responsible for coordinating funding for Defense Health Program Research, Development, Test, and Evaluation, the Congressionally Directed Medical Research Program, and related Department of Defense medical research.
removed
“(2) A subordinate organization, to be called the Defense Health Agency Public Health—
removed
“(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Public Health); and
removed
“(B) comprised of the Army Public Health Command, the Navy–Marine Corps Public Health Command, Air Force public health programs, and any other related defense health activities that the Secretary considers appropriate, including overseas laboratories focused on preventive medicine, environmental health, and similar matters.”
removed
Report on feasibility of further additional organization in DHA— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on a study, conducted by the Secretary for purposes of the report, of the feasibility of establishing with the Defense Health Agency a subordinate organization, to be called the Defense Health Agency Education and Training, to be led by the President of the Uniformed Services University of the Health Sciences and to be comprised of the current Medical Education and Training Campus, the Uniformed Services University of the Health Sciences, the medical education and training commands of the Armed Forces, and such other elements, facilities, and commands of the Department of Defense as the Secretary considers appropriate.
removed
Report on feasibility of superseding organization for DHA—
removed
Report required— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on a study, conducted by the Secretary for purposes of the report, of the feasibility of establishing a command, to be called the Defense Health Command, as a superseding organization to the Defense Health Agency.
removed
Elements— If the Secretary determines in the report under paragraph (1) that a command as a superseding organization to the Defense Health Agency is feasible, the report shall include the following:
removed
A description of the required responsibilities of the commander of the command.
removed
A description of any current organizations that support the Defense Health Agency to be included in the command.
removed
A description of any authorities required for the leadership and direction of the command.
removed
Any other matters in the connection with the establishment, operations, and activities of the command that the Secretary considers appropriate.
Sec. 712 Sharing information with State prescription drug monitoring programs
added
Establishment— Section 1074g of title 10, United States Code, is amended—
removed
Organizational framework required—
removed
In general— The Secretary of Defense shall, acting through the Director of the Defense Health Agency, implement an organizational framework for the military healthcare system that most effectively implements chapter 55 of title 10, United States Code, in a manner that maximizes interoperability and fully integrates medical capabilities of the Armed Forces in order to enhance joint military medical operations in support of requirements of the combatant commands.
changed
Compliance with certain requirements— The organizational framework, by redesignating subsections (g) and (h) as implemented, shall comply with all requirements of section 1073c of title 10, United States Code, except for the implementation date specified in subsection (a) of such section.subsections (h) and (i), respectively; and
added
by inserting after subsection (f) the following new subsection:
added “(g) Sharing information with State prescription drug monitoring programs
added “(1) The Secretary shall establish and operate a prescription drug monitoring program (to be known as the Military Health System Prescription Drug Monitoring Program) for prescription drugs provided through facilities of the uniformed services.
added “(2) The Secretary shall ensure that the program established under paragraph (1)—
added “(A) is comparable to prescription drug monitoring programs operated by States; and
added “(B) covers prescription drugs provided under the pharmacy benefits program that are controlled substances.
added “(3)
added “(A) In carrying out the program established under paragraph (1), the Secretary shall establish appropriate procedures for sharing between the program and State prescription drug monitoring programs patient-specific information regarding prescription drugs that are controlled substances to prevent the misuse and diversion of opioid medications and other controlled substances.
added “(B) For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note), any disclosure of patient-specific information by the Secretary under subparagraph (A) shall be treated as a permitted disclosure.
added “(C) The Secretary shall include in the procedures established under subparagraph (A) appropriate safeguards, as determined by the Secretary, concerning the cybersecurity of information systems of the Department of Defense systems and the operational security of personnel of the Department.
added “(4) In this subsection, the term “controlled substance” has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).”
changed
Defense health regions in CONUS—Briefing— The organizational framework required by subsection (a) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall meet provide to the requirements Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the program established under section 1074g(g) of title 10, United States Code, as follows:added by subsection (a).
added
Conforming amendments—
added
Title 10, United States Code— Section 1079(q) of title 10, United States Code, is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.
removed
Defense health regions— There shall be not more than two defense health regions in the continental United States.
removed
Leaders— Each region under paragraph (1) shall be led by a commander or director who is a member of the Armed Forces serving in a grade not higher than major general or rear admiral, and who—
removed
shall be selected by the Director of the Defense Health Agency from among members of the Armed Forces recommended by the Secretaries of the military departments for service in such position; and
removed
shall be under the authority, direction, and control of the Director while serving in such position.
removed
Defense health regions OCONUS— The organizational framework required by subsection (a) shall provide for the establishment of not more than two defense health regions outside the continental United States in order—
changed
FY16 NDAA— to enhance joint military medical operations in support of the requirements Section 715(e)(2) of the combatant commands in such region or regions, with a specific focus on current and future contingency National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 1074g note) is amended by striking “section 1074g(g)” and operational plans;inserting “section 1074g(h)”.
changed
FY17 NDAA— to ensure the provision Section 745(b) of high-quality healthcare services to beneficiaries; andthe National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1074 note) is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.
removed
to improve the interoperability of healthcare delivery systems in the defense health regions (whether under this subsection, subsection (b), or both).
removed
Planning and coordination—
removed
Sustainment of clinical competencies and staffing— The Director of the Defense Health Agency shall—
removed
provide in each defense health region under this section healthcare delivery venues for uniformed medical and dental personnel to obtain operational clinical competencies; and
removed
coordinate with the military departments to ensure that staffing at military medical treatment facilities in each region supports readiness requirements for members of the Armed Forces and military medical personnel.
removed
Oversight and allocation of resources—
removed
In general— The Director shall, consistent with section 193 of title 10, United States Code, coordinate with the Chairman of the Joint Chiefs of Staff, through the Joint Staff Surgeon, to conduct oversight and direct resources to support requirements related to readiness and operational medicine support that are validated by the Joint Staff.
removed
Supply and demand for medical services— Based on operational medical force readiness requirements of the combatant commands validated by the Joint Staff, the Director shall—
removed
validate supply and demand requirements for medical and dental services at each military medical treatment facility;
removed
in coordination with the Surgeons General of the Armed Forces, provide currency workload for uniformed medical and dental personnel at each such facility to maintain skills proficiency; and
removed
if workload is insufficient to meet requirements, identify alternative training and clinical practice sites for uniformed medical and dental personnel, and establish military-civilian training partnerships, to provide such workload.
removed
Additional duties of Surgeons General of the Armed Forces—
removed
In general— The Surgeons General of the Armed Forces shall have the duties as follows:
removed
To assign uniformed medical and dental personnel of the military department concerned to military medical treatment facilities for training activities specific to such military department and for operational and training missions, during which assignment such personnel shall be under the operational control of the commander or director of the military medical treatment facility concerned, subject to the authority, direction, and control of the Director of the Defense Health Agency.
removed
To ensure the readiness for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned.
removed
To provide logistical support for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned.
removed
To oversee mobilization and demobilization in connection with the operational deployment of medical and dental personnel of the Armed Force or Armed Forces concerned.
removed
To carry out operational medical and dental force development for the military department concerned.
removed
In coordination with the Secretary concerned, to ensure that the operational medical force readiness organizations of the Armed Forces support the medical and dental readiness responsibilities of the Director.
removed
To develop operational medical capabilities required to support the warfighter, and to develop policy relating to such capabilities.
removed
To provide health professionals to serve in leadership positions across the military healthcare system.
removed
Medical force requirements of the combatant commands— The Surgeon General of each Armed Force shall, on behalf of the Secretary concerned, ensure that the uniformed medical and dental personnel serving in such Armed Force receive training and clinical practice opportunities necessary to ensure that such personnel are capable of meeting the operational medical force requirements of the combatant commands applicable to such personnel. Such training and practice opportunities shall be provided through programs and activities of the Defense Health Agency and by such other mechanisms as the Secretary of Defense shall designate for purposes of this paragraph.
removed
Construction of duties— The duties of a Surgeon General of the Armed Forces under this subsection are in addition to the duties of such Surgeon General under section 3036, 5137, or 8036 of title 10, United States Code, as applicable.
removed
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that sets forth the following:
removed
A description of the organizational structure of the office of each Surgeon General of the Armed Forces, and of any subordinate organizations of the Armed Forces that will support the functions and responsibilities of a Surgeon General of the Armed Forces.
removed
The manning documents for staffing in support of the organizational structures described pursuant to paragraph (1), including manning levels before and after such organizational structures are implemented.
removed
Such recommendations for legislative or administrative action as the Secretary considers appropriate in connection with the implementation of such organizational structures and, in particular, to avoid duplication of functions and tasks between the organizations in such organizational structures and the Defense Health Agency.
Sec. 713 Improvement to notification to Congress of hospitalization of combat-wounded members of the Armed Forces
added Section 1074l(a) of title 10, United States Code, is amended by striking “admitted to a military treatment facility within the United States” and inserting “admitted to any military medical treatment facility”.
removed
Eligibility of additional beneficiaries under Federal Employees Dental and Vision Insurance Program— Section 8951(8) of title 5, United States Code, is amended by striking “1076c” and inserting “1076a or 1076c”.
removed
Administration of TRICARE dental plans— Subsection (b) of section 1076a of title 10, United States Code, is amended to read as follows:
removed
“(b) Administration of plans—The plans established under this section shall be administered by the Secretary of Defense through an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (a) to enroll in an insurance plan under chapter 89A of title 5, in accordance with terms prescribed by the Secretary, including terms, to the extent practical, as defined by the Director through regulation, consistent with subsection (d) and, to the extent practicable in relation to such chapter 89A, other provisions of this section.”
removed
Applicability— The amendments made by this section shall apply with respect to the first contract year for chapter 89A of title 5, United States Code, that begins on or after January 1, 2022.
removed
Transition— To ensure a successful transition pursuant to the amendments made by this section in the administration of the TRICARE dental plans under section 1076a of title 10, United States Code, the Secretary of Defense shall ensure that the contractor for such plans provides claims information under such plans to carriers providing dental coverage under chapter 89A of title 5, United States Code, after the transition.
removed
Report—
removed
In general— Not later than January 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the transition in the administration of the TRICARE dental insurance plan for retirees from administration by the Department of Defense as the TRICARE Retiree Dental Plan to administration by the Office of Personnel Management as part of the Federal Employees Dental and Vision Insurance Program.
removed
Elements— The report required by paragraph (1) shall include the following:
removed
A description of lessons learned from the transition of the administration of the TRICARE dental insurance plan for retirees from administration by the Department as the TRICARE Retiree Dental Plan to administration by the Office of Personnel Management as part of the Federal Employees Dental and Vision Insurance Program.
removed
An assessment of the effectiveness of the transition.
removed
A timeline for the implementation plan for the transition of the administration of the TRICARE dental plans under section 1076a of title 10, United States Code, to administration as part of the Federal Employees Dental and Vision Insurance Program pursuant to the amendments made by this section.
Sec. 714 Improvements to trauma center partnerships
added Section 708(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—
removed
In general— The Secretary of Defense shall streamline the process under section 1095f of title 10, United States Code, by which beneficiaries enrolled in TRICARE Prime are referred to the civilian provider network for inpatient or outpatient care under the TRICARE program.
changed
Objectives— In carrying out the requirement in subsection (a), the Secretary shall meet the following objectives:paragraph (1), by striking “large metropolitan teaching hospitals that have level I civilian”;
removed
The referral process shall model best industry practices for referrals from primary care managers to specialty care providers.
removed
The process shall limit administrative requirements for enrolled beneficiaries.
removed
Beneficiary preferences for communications relating to appointment referrals using state-of-the-art information technology shall be used to expedite the process.
removed
There shall be effective and efficient processes to determine the availability of appointments at military medical treatment facilities and, when unavailable, to make prompt referrals to network providers under the TRICARE program.
changed
Deadline for implementation— The requirement in subsection (a) shall be implemented for referrals under TRICARE Prime in calendar year 2019.paragraph (2)—
added
by striking “with civilian academic medical centers and large metropolitan teaching hospitals”; and
added
by striking “the trauma centers of the medical centers and hospitals” and inserting “trauma centers”; and
changed
Evaluation and improvement— After 2019, the Secretary shall—in paragraph (3), by striking “large metropolitan teaching hospitals” and inserting “trauma centers”.
removed
evaluate the referral process described in subsection (a) not less often than annually; and
removed
make appropriate improvements to the process in light of such evaluations.
removed
Definitions— In this section, the terms TRICARE program and TRICARE Prime have the meaning given such terms in section 1072 of title 10, United States Code.
Sec. 715 Wounded warrior policy review
changed
In general— Section 1074g Not later than 180 days after the date of title 10, United States Code, is amended—the enactment of this Act, the Secretary of Defense shall review and update policies and procedures relating to the care and management of recovering service members. In conducting such review, the Secretary shall consider best practices—
changed
by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; andin the care of recovering service members;
changed
by inserting after subsection (f) in the following new subsection (g):administrative management relating to such care;
added
to carry out applicable provisions of Federal law; and
added
recommended by the Comptroller General of the United States in the report titled “Army Needs to Improve Oversight of Warrior Transition Units”.
removed
“(g) Sharing of information with State prescription drug monitoring programs
removed
“(1) The Secretary of Defense shall establish and maintain a program (to be known as the “Military Health System Prescription Drug Monitoring Program”) in accordance with this subsection. The program shall include a special emphasis on drugs provided through facilities of the uniformed services.
removed
“(2) The program shall be—
removed
“(A) comparable to prescription drug monitoring programs operated by States, including such programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3); and
removed
“(B) applicable to designated controlled substance prescriptions under the pharmacy benefits program.
removed
“(3)
removed
“(A) The Secretary shall establish appropriate procedures for the bi-directional sharing of patient-specific information regarding prescriptions for designated controlled substances between the program and State prescription drug monitoring programs.
removed
“(B) The purpose of sharing of information under this paragraph shall be to prevent misuse and diversion of opioid medications and other designated controlled substances.
removed
“(C) Any disclosure of patient-specific information by the Secretary under this paragraph is an authorized disclosure for purposes of the health information privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191).
removed
“(4)
removed
“(A) Any procedures developed pursuant to paragraph (3)(A) shall include appropriate safeguards, as determined by the Secretary, concerning cyber security of Department of Defense systems and operational security of Department personnel.
removed
“(B) To the extent the Secretary considers appropriate, the program may be treated as comparable to a State program for purposes of bi-directional sharing of controlled substance prescription information.
removed
“(5) For purposes of this subsection, any reference to a program operated by a State includes any program operated by a county, municipality, or other subdivision within that State.”
changed
Conforming amendment—Scope of policy— Section 1079(q) In carrying out subsection (a), the Secretary shall update policies of such title is amended by striking “section 1074g(g)” and inserting “section 1074g(h)”.the Department of Defense with respect to each of the following:
added
The case management coordination of members of the Armed Forces between the military departments and the military medical treatment facilities administered by the Director of the Defense Health Agency pursuant to section 1073c of title 10, United States Code, including with respect to the coordination of—
added
appointments;
added
rehabilitative services;
added
recuperation in an outpatient status;
added
contract care provided by a private health care provider outside of a military medical treatment facility;
added
the disability evaluation system; and
added
other administrative functions relating to the military department.
added
The transition of a member of the Armed Forces who is retired under chapter 61 of title 10, United States Code, from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs.
added
Facility standards related to lodging and accommodations for recovering service members and the family members and non-medical attendants of such recovering service members.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and Secretaries of the military departments shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on the review conducted under subsection (a), including a description of the policies updated pursuant to subsection (b).
added
Definitions— In this section, the terms “disability evaluation system”, “outpatient status”, and “recovering service members” have the meaning given those terms in section 1602 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).
Sec. 716 Joint force medical capabilities development and standardization
added
Development— The Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop a process to establish required joint medical capabilities for members of the Armed Forces that meet the operational planning requirements of the combatant commands.
removed
Pilot program—
removed
In general— Beginning not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall implement a comprehensive pilot program to assess the feasability and advisability of mechanisms to minimize early exposure of beneficiaries under the TRICARE program to opioids and to prevent the progression of beneficiaries to misuse or abuse of opioid medications.
removed
Opioid safety across continuum of care— The pilot program shall include elements to maximize opioid safety across the entire continuum of care consisting of patient, physician or dentist, and pharmacist.
changed
Elements of pilot program—Process— The pilot program process developed under subsection (a) shall include the following:include—
changed
Identification of potential misuse or abuse of opioid medications in pharmacies of military treatment facilities, retail network pharmacies, and the home delivery pharmacy, and development of a joint medical estimate to determine the transmission medical requirements for treating members of alerts regarding such potential misuse the Armed Forces who are wounded, ill, or abuse of opioids injured during military operations, including with respect to prescribing physicians environmental health and dentists.force health protection.
changed
Direct engagement with, education for, and management of beneficiaries under the TRICARE program a process to help such beneficiaries avoid misuse or abuse of opioid medications.review and revise military health related mission essential tasks that are aligned with health professional knowledge, skills, and abilities; and
changed
Proactive outreach by specialist pharmacists a process to beneficiaries under standardize the TRICARE program when identifying potential misuse or abuse interoperability of opioid medications.medical equipment and capabilities to the greatest extent practicable to support the joint force.
added
Report— Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the process developed under subsection (a).
removed
Monitoring of beneficiaries under the TRICARE program through the use of predictive analytics to identify the potential for opioid abuse and addiction before beneficiaries begin an opioid prescription.
removed
Detection of fraud, waste, and abuse in connection with opioids.
removed
Duration—
removed
In general— Except as provided in paragraph (2), the Director shall carry out the pilot program for a period of not more than three years.
removed
Expansion— The Director may carry out the pilot program on a permanent basis if the Director determines that the mechanisms under the pilot program successfully reduce early opioid exposure in beneficiaries under the TRICARE program and prevent the progression of beneficiaries to misuse or abuse of opioid medications.
removed
Report—
removed
In general— Not later than 180 days before completion of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program.
removed
Elements— The report required by paragraph (1) shall include the following:
removed
A description of the pilot program, including outcome measures developed to determine the overall effectiveness of the mechanisms under the pilot program.
removed
A description of the ability of the mechanisms under the pilot program to identify misuse and abuse of opioid medications among beneficiaries under the TRICARE program in each pharmacy venue of the pharmacy program of the military health system.
removed
A description of the impact of the use of predictive analytics to monitor beneficiaries under the TRICARE program in order to identify the potential for opioid abuse and addiction before beneficiaries begin an opioid prescription.
removed
A description of any reduction in the misuse or abuse of opioid medications among beneficiaries under the TRICARE program as a result of the pilot program.
removed
TRICARE program defined— In this section, the term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 717 Burn patient transfer system
added The Secretary of Defense may develop a burn patient transfer system, including any required hardware and software, that would provide a platform for reporting immediate and surge bed availability and that would electronically match patient acuity with open beds at other military and civilian burn centers.
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review and update policies and procedures relating to the care and management of recovering service members. In conducting such review, the Secretary shall consider best practices—
removed
in the care of recovering service members;
removed
in the administrative management relating to such care;
removed
to carry out applicable provisions of Federal law; and
removed
recommended by the Comptroller General of the United States in the report titled “Army Needs to Improve Oversight of Warrior Transition Units”.
removed
Scope of policy— In carrying out subsection (a), the Secretary shall update policies of the Department of Defense with respect to each of the following:
removed
The case management coordination of members of the Armed Forces between the military departments and the military medical treatment facilities administered by the Director of the Defense Health Agency pursuant to section 1073c of title 10, United States Code, including with respect to the coordination of—
removed
appointments;
removed
rehabilitative services;
removed
recuperation in an outpatient status;
removed
contract care provided by a private health care provider outside of a military medical treatment facility;
removed
the disability evaluation system; and
removed
other administrative functions relating to the military department.
removed
The transition of a member of the Armed Forces who is retired under chapter 61 of title 10, United States Code, from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs.
removed
Facility standards related to lodging and accommodations for recovering service members and the family members and non-medical attendants of recovering service members.
removed
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense and Secretaries of the military departments shall jointly submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under subsection (a), including a description of the policies updated pursuant to subsection (b).
removed
Definitions— In this section, the terms “disability evaluation system”, “outpatient status”, and “recovering service members” have the meaning given those terms in section 1602 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).
Sec. 718 Report on MHS Genesis electronic health record system
added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report outlining the corrective actions that were taken based on the results of the Initial Operational Test and Evaluation Report prior to fielding the electronic health record system known as MHS Genesis to additional military medical treatment facilities beyond such facilities participating in the initial operational testing and evaluation of MHS Genesis.
removed
In general—
removed
Use of simulation technology— Except as provided by paragraph (2), the Secretary of Defense shall use medical simulation technology, to the maximum extent practicable, before the use of live tissue training to train medical professionals and combat medics of the Department of Defense.
removed
Determination— The use of live tissue training within the Department of Defense may be used as determined necessary by the medical chain of command.
removed
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the House of Representatives and the Senate on the use and benefit of medical simulation technology and live tissue training within the Department of Defense to train medical professionals, combat medics, and members of the Special Operations Forces.
removed
Elements— The briefing under subsection (b) shall include the following:
removed
A discussion of the benefits and needs of both medical simulation technology and live tissue training.
removed
Ways and means to enhance and advance the use of simulation technologies in training.
removed
An assessment of current medical simulation technology requirements, gaps, and limitations.
removed
An overview of Department of Defense medical training programs, as of the date of the briefing, that use live tissue training and medical simulation technologies.
removed
Any other matters the Secretary determines appropriate.
Sec. 719 Improvements to trauma center partnerships
removed
removed
Section 708(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—
removed
in paragraph (1), by striking “large metropolitan teaching hospitals that have level I civilian”;
removed
in paragraph (2)—
removed
by striking “with civilian academic medical centers and large metropolitan teaching hospitals”; and
removed
by striking “the trauma centers of the medical centers and hospitals” and inserting “trauma centers”; and
removed
in paragraph (3), by striking “large metropolitan teaching hospitals” and inserting “trauma centers”.
Sec. 720 Improvement to notification to Congress of hospitalization of combat-wounded members of the Armed Forces
removed
removed
Section 1074l(a) of title 10, United States Code, is amended by striking “admitted to a military treatment facility within the United States” and inserting “admitted to any military medical treatment facility”.
Sec. 721 Establishment of TriService Dental Research Program
added
added
In general— Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:
added “2117. Military dental research
added “(a) Definitions—In this section:
added “(1) The term “military dental research” means research on the furnishing of care and services by dentists in the armed forces.
added “(2) The term “TriService Dental Research Program” means the program of military dental research authorized under this section.
added “(b) Program authorized—The Secretary of Defense may establish at the University a program of military dental research.
added “(c) TriService research group—The TriService Dental Research Program shall be administered by a TriService Dental Research Group composed of Army, Navy, and Air Force dentists who are involved in military dental research and are designated by the Secretary concerned to serve as members of the group.
added “(d) Duties of group—The TriService Dental Research Group shall—
added “(1) develop for the Department of Defense recommended guidelines for requesting, reviewing, and funding proposed military dental research projects; and
added “(2) make available to Army, Navy, and Air Force dentists and Department of Defense officials concerned with military dental research—
added “(A) information about dental research projects that are being developed or carried out in the Army, Navy, and Air Force; and
added “(B) expertise and information beneficial to the encouragement of meaningful dental research.
added “(e) Research topics—For purposes of this section, military dental research includes research on the following issues:
added “(1) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of peace.
added “(2) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of war.
added “(3) Issues regarding how to improve methods of training dental personnel.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2116 the following new section:
Sec. 722 Increasing the number of appointed directors of the Henry M. Jackson Foundation for the Advancement of Military Medicine
addedadded Section 178(c)(1)(C) of title 10, United States Code, is amended to read as follows:
added “(C) six members appointed by the ex officio members of the Council designated in subparagraphs (A) and (B).”
Sec. 723 Extension of authority for joint Department of Defense- Department of Veterans Affairs medical facility demonstration fund
addedadded Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 719 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1440), is further amended by striking “September 30, 2019” and inserting “September 30, 2020”.
Sec. 724 Inclusion of gambling disorder in health assessments and related research efforts of the Department of Defense
added
added
Annual periodic health assessment— The Secretary of Defense shall incorporate medical screening questions specific to gambling disorder into annual periodic health assessments conducted by the Department of Defense for members of the Armed Forces.
added
Research efforts— The Secretary shall incorporate into ongoing research efforts of the Department questions on gambling disorder, as appropriate, including by restoring such questions into the Health Related Behaviors Survey of Active Duty Military Personnel.
Sec. 725 Medical simulation technology and live tissue training within the Department of Defense
added
added
In general—
added
Use of simulation technology— Except as provided by paragraph (2), the Secretary of Defense shall use medical simulation technology before the use of live tissue training to train medical professionals and combat medics of the Department of Defense.
added
Determination— The use of live tissue training within the Department of Defense may be used as determined necessary by the medical chain of command.
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the House of Representatives and the Senate on the use and benefit of medical simulation technology and live tissue training within the Department of Defense to train medical professionals, combat medics, and members of the Special Operations Forces.
added
Elements— The briefing under subsection (b) shall include the following:
added
A discussion of the benefits and needs of both medical simulation technology and live tissue training.
added
Ways and means to enhance and advance the use of simulation technologies in training.
added
An assessment of current medical simulation technology requirements, gaps, and limitations.
added
An overview of Department of Defense medical training programs, as of the date of the briefing, that use live tissue training and medical simulation technologies.
added
Any other matters the Secretary determines appropriate.
Sec. 726 Limitation on changes to Federal Emergency Services certification levels of the Air Force
addedadded The Secretary of the Air Force may not transition Federal Emergency Services certification levels from Emergency Medical Technician level to Emergency Medical Responder level until the Secretary submits to the congressional defense committees a report that contains the following:
added
Details on the process and factors the Air Force Emergency Medical Services Working Group used and considered to determine which military installations would be required to transition Federal Emergency Services certification levels from Emergency Medical Technician level to Emergency Medical Responder level.
added
The required base and community emergency response standards the Air Force Emergency Medical Services Working Group based such transition on, including information on where these standards are defined and how these standards were developed.
added
Information on how the Air Force will meet the needs of trench rescue, water rescue, high angle rescue, and confined space rescue pursuant to Department of Defense Instructions with less Emergency Medical Technician certified personnel.
added
Information on the required response time standard for advanced life support and how the Air Force Emergency Medical Services Working Group determined a military installation could meet this standard.
added
Details on any contingency plans the Air Force has developed when basic and advance life support care and ambulance transport are unavailable as a result of these resources being used to transport patients to medical facilities located off the military installation.
Sec. 727 Strategic medical research plan
added
added
Plan— Not later than 30 days after the date on which the budget of the President for fiscal year 2020 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the congressional defense committees a comprehensive strategic medical research plan.
added
Matters included— The plan under subsection (a) shall include the following:
added
A description of all medical research focus areas of the Department of Defense and a description of the coordination process to ensure the focus areas are linked to military readiness, joint force requirements, and relevance to individuals eligible for care at military medical treatment facilities or through the TRICARE program.
added
A description of the medical research projects funded under the Defense Health Program account and the projects under the Congressional Directed Medical Research Programs.
added
A description of the process to ensure synergy across the military medical research community to address gaps in military medical research, minimize duplication of research, and to promote collaboration within research focus areas.
added
A description of the efforts of the Secretary to coordinate with other departments and agencies of the Federal Government to increase awareness of complementary medical research efforts that are being carried out through the Federal Government.
Sec. 728 Independent evaluation of mental health care
added
added
In general— The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to evaluate the management of mental health care by the Defense Health Agency pursuant to section 1073c(a) of title 10, United States Code.
added
Selection— The Secretary shall select a federally funded research and development center under subsection (a) that has expertise and a record of independent, peer-reviewed publications with respect to—
added
behavioral health research; and
added
independent evaluations of mental health programs within the Department of Defense using multidisciplinary methods.
added
Matters included— The evaluation under subsection (a) shall include the following:
added
An assessment of the management of mental health care by the Defense Health Agency, including—
added
how mental health care providers will be arranged within the command structure of the Agency; and
added
how mental health care policy and processes will be managed within the Agency.
added
An assessment of the ability of each Surgeon General of the military departments to maintain the readiness of the military health workforce to deliver mental health care services operationally in support of deployed forces.
added
An assessment of the coordination of behavioral health research efforts across the research continuum.
added
An assessment of the inclusion of evidence-based suicide prevention programs.
added
A description of new processes to accelerate scientific research and delivery of breakthrough therapies for traumatic brain injury, chronic traumatic encephalopathy, and post-traumatic stress disorder.
added
Plans to field medical devices approved by the Food and Drug Administration that provide clinicians with rapid, accurate assessments of traumatic brain injury.
added
Submission— Not later than April 1, 2019, the Secretary shall submit to the congressional defense committees a report on the evaluation under subsection (a).
Sec. 729 Study on reimbursement rates for mental health care providers under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program
added
added
Study— The Secretary of Defense shall conduct a study assessing the impact of using established rates to reimburse covered mental health care providers on the availability of such providers.
added
Elements— The study under subsection (a) shall include the following:
added
An evaluation of—
added
whether there are enough covered mental health care providers to adequately serve the beneciaries under TRICARE Prime and the beneficiaries under TRICARE Select of each locality in the East and West regions of the TRICARE program, including in rural communities in such regions; and
added
whether the requirements under sections 1079(h)(1) and 1097b of title 10, United States Code, to use established rates to reimburse covered mental health care providers limits the number of covered health care providers serving each locality in the East and West regions of the TRICARE program, including in rural communities in such regions.
added
An assessment of the impact of using established rates to reimburse covered mental health care providers on—
added
the ability of beneficaries under TRICARE Prime and beneficiaries under TRICARE Select beneficiaries to access appropriate and timely mental health care in accordance with section 199.17 of title 32, Code of Federal Regulations; and
added
the availability of services provided by mental health care providers that are needed by members of the Armed Forces to be medically ready.
added
Information about instances in which the Secretary provided or applied exceptions to established rates pursuant to sections 1079(h)(2) of title 10, United States Code, to increase the number of covered mental health care providers.
added
A description of how the Secretary solicits and collects feedback from covered mental health care providers on established rates.
added
A list of actions the Secretary has taken to address such feedback.
added
Any legislative, regulatory, or policy recommendations that are necessary to improve the overall medical readiness of Armed Forces.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on the Armed Services of the Senate a report on the results of the study required under subsection (a).
added
Briefing— Not later than 60 days after the date on which the report required under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Secretary shall provide a briefing to such committees on the results of the study required under subsection (a).
added
Comptroller general review and report— Not later than 180 days after the date on which the report under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Comptroller General of the United States shall—
added
review the report required under subsection (c); and
added
submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate an assessment of—
added
whether the results of the study required under subsection (a) are supported by the data and information examined in the study required under subsection (a); and
added
the feasibility of any recommendations identified by the Secretary under subsection (b)(6).
added
Definitions— In this section:
added
The term “established rate” means the payment amount determined by the Secretary pursuant to sections 1079(h)(1) and 1097b of title 10, United States Code, and section 199.14 of title 32, Code of Federal Regulations.
added
The term “covered mental health care provider” means a mental health care provider under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.
added
The term “mental health care provider” means a psychiatrist, clinical psychologist, certified psychiatric nurse specialist, certified clinical social worker, certified marriage and family therapist, TRICARE certified mental health counselor, pastoral counselor under the supervision of a physician, and supervised mental health counselor under the supervision of a physician.
added
The term locality means a geographic location—
added
designated as a Prime Service Area under section 199.17(b)(1) of title 32, Code of Federal Regulations; and
added
in which the Secretary entered into a contract under chapter 55 of title 10, United States Code, with a contractor under the TRICARE program to provide health care services to beneficiaries by TRICARE-authorized civilian health care providers.
added
The terms “TRICARE Prime” and “TRICARE Select” have the meanings given those terms in section 1072 of title 10, United States Code.
Sec. 730 Study on the treatment of TRICARE beneficiaries who are residents of Puerto Rico
added
added
Study— The Secretary of Defense, and with respect to members of the Coast Guard, in coordination with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall conduct a study on the feasibility and effect of extending the eligibility to enroll in, and the coverage of, TRICARE Prime to members of the Armed Forces and covered beneficiaries who reside in Puerto Rico to the same degree that a covered beneficiary who resides in any of the several States may enroll in TRICARE Prime.
added
Elements— The study under subsection (a) shall address the following:
added
The requirements, as of the date of the study, for a covered beneficiary to be eligible to enroll in the TRICARE program in Puerto Rico.
added
The number of—
added
covered beneficiaries who are enrolled in the TRICARE program who reside in Puerto Rico; and
added
such covered beneficiaries who would potentially enroll in TRICARE Prime if the Secretary extends TRICARE Prime as described in subsection (a).
added
The demographic distribution of covered beneficiaries who reside in Puerto Rico.
added
The access of such covered beneficiaries to health care networks, including trauma care centers, as of the date of the study.
added
The quality of such health care networks.
added
The costs and timeline requirements for extending TRICARE Prime as described in subsection (a).
added
The feasibility of using medical resources of the Department of Defense to cover gaps in service availability in Puerto Rico if such extension does not occur.
added
Submission— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a).
added
Definitions— In this section, the terms “covered beneficiary”, “TRICARE Prime”, and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.
Sec. 731 Study on health effects relating to activity of the Armed Forces on Vieques
changed
Section 1704(e) Not later than 180 days after the date of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 719 enactment of this Act, the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1440), is further amended Comptroller General of the United States shall submit to the congressional defense committees a report containing a study of the health effects of the live-fire training at Vieques Naval Training Range conducted by striking “September 30, 2019” the Navy before 2002 and inserting “September 30, 2020”.other activities of the Armed Forces on the island of Vieques, Puerto Rico. The study shall include a comprehensive analysis of the following:
added
The immediate health effects of such training and activity on the residents of Vieques.
added
The long-term health effects of such training and activity on the residents of Vieques.
added
The potential ongoing health effects caused by any contamination relating to such training and activity.
Sec. 732 Strategy to recruit and retain mental health providers
added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—
removed
Process required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, develop a process to establish required joint force medical capabilities for members of the Armed Forces that meet the operational planning requirements of the combatant commands.
changed
Process elements— The process developed under subsection (a) shall include describes the following:shortage of mental health providers of the Department of Defense;
removed
A joint medical estimate to determine the medical requirements for treating members of the Armed Forces who are wounded, ill, or injured during military operations, including with respect to environmental health and force health protection.
removed
A process to review and revise military health related mission essential tasks in order to ensure that such tasks are aligned with health professional knowledge, skills, and abilities.
removed
A process to standardize the interoperability of medical equipment and capabilities to support the joint force.
changed
Report— Not later than June 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing explains the process developed under subsection (a).reasons for such shortage;
added
explains the effect of such shortage on members of the Armed Forces; and
added
contains a strategy to better recruit and retain mental health providers, including with respect to psychiatrists, psychologists, mental health nurse practitioners, licensed social workers, and other licensed providers of the military health system.
Sec. 733 Study on earning by special operations forces medics of credits towards a physician assistant degree
changed
Inclusion in next Annual Periodic Health Assessments—Study— The Secretary of Defense shall incorporate medical screening questions specific conduct a study to gambling disorder into assess the Annual Periodic Health Assessments feasibility and advisability of members establishing partnerships between special operations forces and institutions of the Armed Forces conducted higher education, and health care systems if determined appropriate by the Department of Defense during the one-year period beginning 180 days after Secretary, through which special operations forces medics earn credit toward the date master's degree of physician assistant for military operational work and training performed by the enactment of this Act.medics.
changed
Inclusion in certain surveys—Elements— The Secretary study under subsection (a) shall incorporate into ongoing research efforts of the Department questions on gambling disorder, as appropriate, including by restoring such questions to include the following:
changed
The first Health Related Behaviors Survey feasibility with respect to establishing partnerships described in subsection (a) that permit medics to conduct clinical training at medical facilities of Active Duty Military Personnel conducted after the date Department of Defense and the enactment of this Act.civilian sector in order to meet the increasing demand for highly trained health care providers at such facilities.
changed
The first Health Related Behaviors Survey of Reserve Component Personnel conducted after How partnerships described in subsection (a) will ensure that date.the evaluation of work and training performed by medics for which credits are earned comply with civilian clinical evaluation standards applicable to the awarding of master's degrees of physician assistant.
added
How the Secretary can leverage the physician assistant program at the Uniformed Services University to coordinate such partnerships and assist with credits.
changed
Reports—Report— Not later than one year 180 days after the date of the completion of the assessment referred to in subsection (a), and enactment of each survey referred to in subsection (b), as modified pursuant to this section, Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives Representative a report on the findings of the assessment or survey in connection with the prevalence of gambling disorder among members of the Armed Forces.study under subsection (a).
Sec. 734 Study of drug shortages and impact on members of the Armed Forces
changed
In general—Congressional findings— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the findings of a study, conducted by the Secretaries for purposes of the report, on the requirement that a covered individual enroll in the supplementary medical insurance program under part B of title XVIII of The Congress finds the Social Security Act (42 U.S.C. 1395j et seq.) in order to be eligible for TRICARE for Life.following:
added
Shortages of critical medical drugs used for surgery and emergency care have increased significantly during 2017 and 2018.
added
Reports from physicians have identified critical drugs such as dilaudid, bupivacaine, morphine, and epinephrine as important commonly needed drugs in shortage.
added
Health care providers for the Armed Forces use the same drugs as civilian health care providers and are experiencing similar shortages in surgical facilities.
added
Such shortages could compromise the quality of care available to members of the Armed Forces.
changed
Matters included—Study— The study under subsection (a) Secretary of Defense shall include conduct a study of shortages of drugs used in the following:surgical and emergency settings of military facilities—
changed
An analysis of whether to determine if the requirement described in quality or safety of military health care has been compromised by such subsection affects covered individuals from returning to work.shortages;
changed
The number to identify and examine supply chain issues related to the availability of individuals who—drugs used for surgery and emergency care; and
removed
are retired from the Armed Forces under chapter 61 of title 10, United States Code;
removed
are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); and
removed
because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select.
changed
The number of covered individuals who would potentially enroll in TRICARE for Life but not enroll in to identify and examine the supplementary medical insurance program under part B of title XVIII impact of the Social Security Act (42 U.S.C. 1395j et seq.) if able.shortages on care for military patients.
changed
Definitions—Consultation— In this section:conducting the study under subsection (b), the Secretary shall consult with the Commissioner of Food and Drugs, the Administrator of the Drug Enforcement Administration, and such other stakeholders as the Secretary considers relevant to the study, including physician organizations and drug manufacturers.
added
Report— Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the study under this section and setting forth any conclusions and recommendations resulting from the study.
removed
The term “covered individual” means an individual—
removed
who is under 65 years of age;
removed
who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2));
removed
whose entitlement to a benefit described in subparagraph (A) of such section has terminated due to performance of substantial gainful activity; and
removed
who is retired under chapter 61 of title 10, United States Code.
removed
The terms “TRICARE for Life”, “TRICARE Extra”, “TRICARE Standard”, “TRICARE Select”, and “TRICARE Prime” have the meanings given those terms in section 1072 of title 10, United States Code.
Sec. 735 Provision of information to Department of Veterans Affairs regarding MHS Genesis electronic health record system
added The Secretary of Defense shall transmit to the Secretary of Veterans Affairs a report detailing lessons learned by the Secretary of Defense with respect to successfully remediating concerns found during the initial operational testing and evaluation of the electronic health record system known as MHS Genesis.
removed
In general— The Assistant Secretary of Defense for Health Affairs may conduct a pilot program to assess the feasibility and advisability of partnerships between special operations forces and institutions of higher education, and health care systems if determined appropriate by the Assistant Secretary for purposes of the pilot program, through which special operations forces medics earn credit toward the master’s degree of physician assistant for military operational work and training performed by the medics.
removed
Duration— The Assistant Secretary shall conduct the pilot program for a period not to exceed five years.
removed
Clinical training— Partnerships under subsection (a) shall permit medics participating in the pilot program to conduct clinical training at medical facilities of the Department of Defense and the civilian sector.
removed
Evaluation— The evaluation of work and training performed by medics for which credits are earned under the pilot program shall comply with civilian clinical evaluation standards applicable to the awarding of the master’s degree of physician assistant.
removed
Reports—
removed
Initial report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program that shall include the following:
removed
A comprehensive framework for the military education to be provided to special operations forces medics under the pilot program, including courses of instruction at institutions of higher education and any health care systems participating in the pilot program.
removed
Metrics to be used to assess the effectiveness of the pilot program.
removed
A description of the mechanisms to be used by the Department, medics, or both to cover the costs of education received by medics under the pilot program through institutions of higher education or health care systems, including payment by the Department in return for a military service commitment, tuition or other educational assistance by the Department, use by medics of post-9/11 educational assistance available through the Department of Veterans Affairs, and any other mechanisms the Secretary considers appropriate for purposes of the pilot program.
removed
Final report— Not later than 180 days after completion of the pilot program, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a final report on the pilot program. The report shall include the following:
removed
An evaluation of the pilot program using the metrics of assessment set forth pursuant to paragraph (1)(B).
removed
An assessment of the utility of the funding mechanisms set forth pursuant to paragraph (1)(C).
removed
An assessment of the effects of the pilot program on recruitment and retention of medics for special operations forces.
removed
An assessment of the feasibility and advisability of extending one or more authorities for joint professional military education under chapter 107 of title 10, United States Code, to warrant officers or enlisted personnel, and if the Secretary considers the extension of any such authorities feasible and advisable, recommendations for legislative or administrative action to so extend such authorities.
removed
Construction of authorities— Nothing in this section may be construed to—
removed
authorize an officer or employee of the Federal Government to create, endorse, or otherwise incentivize a particular curriculum or degree track; or
removed
require, direct, review, or control a State or educational institution, or the instructional content, curriculum, and related activities of a State or educational institution.
Sec. 736 Report regarding opioid prevention and treatment for dependents of members of the Armed Forces
added The Secretary of Defense shall prepare and submit a report to congressional defense committees regarding the actions the Department of Defense is taking to prevent and treat opioid use among the dependents of members of the Armed Forces. Such report shall include how information is shared between military medical treatment facilities across the country, what counseling services are available to dependents and how such services are publicized, and a plan for intervention strategies to prevent opioid use and abuse.
removed
Plan— Not later than 30 days after the date on which the budget of the President for fiscal year 2020 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the congressional defense committees a comprehensive strategic medical research plan.
removed
Matters included— The plan under subsection (a) shall include the following:
removed
A description of all medical research focus areas of the Department of Defense and a description of the coordination process to ensure the focus areas are linked to military readiness, joint force requirements, and relevance to individuals eligible for care at military medical treatment facilities or through the TRICARE program.
removed
A description of the medical research projects funded under the Defense Health Program account and the projects under the Congressional Directed Medical Research Program.
removed
A description of the process to ensure synergy across the military medical research community in order to address gaps in military medical research, minimize duplication of research, and promote collaboration within research focus areas.
removed
A description of the efforts of the Secretary to coordinate with other departments and agencies of the Federal Government to increase awareness of complementary medical research efforts that are being carried out through the Federal Government.
Sec. 737 Monitoring Medication Prescribing Practices for the Treatment of Post-Traumatic Stress Disorder
changed
Briefing and report on current transition—Report—
changed
In general—General— The Comptroller General Not later than 180 days after the date of enactment of this Act, the United States Secretary of Defense shall provide submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing and Senate a report on a review by the Comptroller General of practices for prescribing medication during the oversight conducted period beginning January 1, 2012, and ending December 31, 2017, that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense Health Agency with respect to the current transition between managed care support contractors for and the TRICARE program. The briefing shall be provided by not later than July 1, 2019.Veterans Health Administration.
changed
Elements—Contents— The briefing and report under paragraph (1) this subsection shall each include the following:
changed
A description and assessment summary of the extent to which Army’s, the Defense Health Agency provided guidance Navy’s, and oversight to the outgoing and incoming managed care support contractors Air Force’s practices for the TRICARE program prescribing medication during the transition described period referred to in paragraph (1) and before that were inconsistent with the start of health care delivery post-traumatic stress disorder medication guidelines developed by the incoming contractor.Department of Defense and the Veterans Health Administration.
changed
A description and assessment Identification of any issues with health care delivery under medical centers serving members of the TRICARE program as a result Armed Forces found to having higher than average incidences of or prescribing medication during the period referred to in connection paragraph (1) that were inconsistent with the transition, and, with respect to such issues—post-traumatic stress disorder guidelines.
removed
the effect, if any, of the guidance and oversight provided by the Defense Health Agency during the transition on such issues; and
removed
the solutions developed by the Defense Health Agency for remediating any deficiencies in managed care support for the TRICARE program in connection with such issues.
changed
A description and assessment of the extent to which the Defense Health Agency has reviewed any lessons learned from past transitions between managed care support contractors plan for the TRICARE program, and incorporated such lessons into medical centers to reduce the transition.prescribing of medications that are inconsistent with the post-traumatic stress disorder guidelines.
changed
A review plan for ongoing monitoring of the Department medical centers found to have higher than average incidences of Defense briefing provided in accordance prescribing medication that were inconsistent with the provisions of the Report of post-traumatic stress disorder guidelines by the Committee on Armed Services Department of Defense and the House of Representatives to Accompany H.R. 5515 (115th Congress; House Report 115–676) on TRICARE Managed Care Support Contractor Reporting.Veterans Health Administration.
changed
Report on future transitions—Monitoring Program— Not later than 270 days after Based on the completion findings of any future transition between managed care support contractors for the TRICARE program, the Comptroller General shall submit to the committees of Congress referred to in subsection (a)(1) a report on a review by under subsection (a), the Comptroller General Secretaries of the oversight conducted by Army, the Defense Health Agency with respect to such transition. The report Navy, and the Air Force shall include each description and assessment specified in subparagraphs (A) through (C) of subsection (a)(2) establish a monitoring program carried out with respect to such transition.branch of the Armed Forces shall provide as follows:
added
The monitoring program shall provide for the conduct of periodic reviews, beginning October 1, 2019, of medication prescribing practices of its own providers.
added
The monitoring program shall provide for regular reports, beginning October 1, 2020, to the Department of Defense and the Veterans Health Administration, of the results of the periodic reviews pursuant to paragraph (1) of this subsection.
added
The monitoring program shall establish internal procedures, not later than October 1, 2020, to address practices for prescribing medication that are inconsistent with the post-traumatic stress disorder medication guidelines developed Department of Defense and the Veterans Health Administration.
removed
TRICARE program defined— In this section, the term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 738 Pilot program on mindfulness-based stress reduction in pre-deployment training
changed
In general—Pilot program— The Comptroller General Secretary of Defense, in consultation with the United States shall conduct Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a study on service in the availability of long-term care options from Navy, shall carry out a pilot program under which the Department Secretary provides mindfulness-based stress reduction training to members of Veterans Affairs for veterans with combat-related disabilities, including veterans who served in the Armed Forces after September 11, 2001.before their deployment to a combat theater of operations.
changed
Elements—Study and report— The Secretary of Defense shall study required by subsection (a) shall—and submit to Congress a report on the effectiveness of training under the pilot program, including the effect of the training on—
changed
determine the potential demand for long-term care by veterans eligible for health care from the Department;managing stress; and
changed
determine the capacity of the Department for providing all four levels of long-term care, which are independent living, assisted living, nursing home care, and memory care;preventing post-traumatic stress disorder.
removed
identify the number of veterans with combat-related disabilities who require a personal care assistant and which facilities of the Department provide this service; and
removed
examine the value of long-term care benefits provided by the Department, including personal care assistant services, to identify the potential elements of a pilot program that affords aging veterans the choice of receiving long-term care benefits at nonprofit continuing care retirement communities.
removed
Report— Not later than January 1, 2020, the Comptroller General shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives a report on the study conducted under this section.
Sec. 739 Study on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life
added
Study— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the requirement that a covered individual enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) in order to be eligible for TRICARE for Life.
added
Matters included— The study under subsection (a) shall include the following:
added
An analysis of whether the requirement described in such subsection affects covered individuals from returning to work.
added
The number of individuals who—
added
are retired from the Armed Forces under chapter 61 of title 10, United States Code;
added
are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); and
added
because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select.
added
The number of covered individuals who would potentially enroll in TRICARE for Life but not enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) if able.
added
Definitions— In this section:
added
The term “covered individual” means an individual—
added
who is under 65 years of age;
added
who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2));
added
whose entitlement to a benefit described in subparagraph (A) of such section has terminated due to performance of substantial gainful activity; and
added
who is retired under chapter 61 of title 10, United States Code.
added
The terms “TRICARE for Life”, “TRICARE Extra”, “TRICARE Standard”, “TRICARE Select”, and “TRICARE Prime” have the meanings given those terms in section 1072 of title 10, United States Code.
removed
Section 178(c)(1)(C) of title 10, United States Code, is amended by striking “four members” and inserting “six members”.
Sec. 800 Effective dates; coordination of amendments
Effective dates—
changed
Parts I and II— Parts I and II of this subtitle, and the redesignations and amendments made by such parts, shall take effect on February 1, 2019.2020.
Part III— Part III of this subtitle shall take effect on the date of the enactment of this Act.
changed
Coordination of amendments— The redesignations and amendments made by part II of this subtitle shall be executed before the amendments made by part I of this subtitle.executed—
added
before the amendments made by part I of this subtitle; and
added
after any amendments made by any other provisions of this Act.
removed
Rule for certain redesignations— In the case of a redesignation specified in part II of this subtitle (1) that is to be made to a section of subtitle B, C, or D of title 10, United States Code, for which the current section designation consists of a four-digit number and a letter, and (2) that is directed to be made by the addition of a specified number to the current section designation, the new section designation shall consist of a new four-digit number and the same letter, with the new four-digit number being the number that is the sum of the specified number and the four-digit number in the current section designation.
Sec. 801 Framework for new part V of subtitle A
In general— Subtitle A of title 10, United States Code, is amended by adding at the end the following new part:
“V Acquisition
“A General
“201 Definitions
“3001. Reserved
“203 General Matters
“3021. Reserved
“205 Defense Acquisition System
“3051. Reserved
“207 Budgeting and Appropriations Matters
“3101. Reserved
changed
“209 Operational Contract SupportOverseas Contingency Operations
“3151. Reserved
“B Acquisition Planning
“221 Planning and solicitation generally
“3201. Reserved
“223 Planning and solicitation relating to particular items or services
“3251. Reserved
“C Contracting Methods and Contract Types
“241 Awarding of contracts
“3301. Reserved
“243 Specific types of contracts
“3351. Reserved
“245 Task and delivery order contracts (multiple award contracts)
“3401. Reserved
“247 Acquisition of commercial items
“3451. Reserved
“249 Multiyear contracts
“3501. Reserved
“251 Simplified acquisition procedures
“3551. Reserved
“253 Emergency and rapid acquisitions
“3601. Reserved
“255 Contracting with or through other agencies
“3651. Reserved
“D General Contracting Requirements
“271 Truthful cost or pricing data
“3701. Reserved
“273 Allowable costs
“3741. Reserved
“275 Proprietary contractor data and technical data
“3771. Reserved
“277 Contract financing
“3801. Reserved
“279 Contractor audits and accounting
“3841. Reserved
“281 Claims and disputes
“3861. Reserved
“283 Foreign acquisitions
“3881. Reserved
“285 Small business programs
“3901. Reserved
“287 Socioeconomic programs
“3961. Reserved
“E Special Categories of Contracting: Major Defense Acquisition Programs and Major Systems
“301 Major defense acquisition programs
“4001. Reserved
“303 Weapon systems development and related matters
“4071. Reserved
“305 Other matters relating to major systems
“4121. Reserved
“F Special Categories of Contracting: Research, Development, Test, and Evaluation
“321 Research and development generally
“4201. Reserved
“323 Innovation
“4301. Reserved
“325 Department of Defense laboratories
“4351. Reserved
“327 Research and development centers and facilities
“4401. Reserved
“329 Operational test and evaluation; developmental test and evaluation
“4451. Reserved
“G Other Special Categories Of Contracting
“341 Contracting for performance of civilian commercial or industrial type functions
“4501. Reserved
“343 Acquisition of services
“4541. Reserved
“345 Acquisition of information technology
“4571. Reserved
“H Contract Management
“361 Contract administration
“4601. Reserved
“363 Prohibitions and penalties
“4651. Reserved
“365 Contractor workforce
“4701. Reserved
“367 Other administrative and miscellaneous provisions
“4751. Reserved
“I Defense Industrial Base
“381 Defense Industrial Base Generally
“4801. Reserved
“383 Loan guarantee programs
“4861. Reserved
“385 Procurement technical assistance cooperative agreement program
changed
“4881. ReservedReserved”
removed
“Reserved”
Table of chapters amendment— The table of chapters at the beginning of subtitle A is amended by adding at the end the following new items:
added “V ACQUISITION”
Sec. 807 Redesignation of sections and chapters of subtitle C of title 10, United States Code—Navy and Marine Corps
Subtitle C, part I, section numbers—
In general— Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.
Chapter 513— For sections in chapter 513, each section is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,940.
Subtitle C, part II, section numbers— The sections in part II of such subtitle are redesignated as follows:
Chapter 533— Sections 5441, 5450, and 5451 are redesignated as sections 8101, 8102, and 8103, respectively.
Chapter 535— Sections 5501, 5502, 5503, and 5508 are redesignated as sections 8111, 8112, 8113, and 8118, respectively.
Chapter 537— Section 5540 is redesignated as section 8120.
Chapter 539— Sections 5582, 5585, 5587, 5587a, 5589, and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and 8146, respectively.
added
Chapter 544— Section 5721 is redesignated as section 8151.
renumbered
was (3)(7)
Chapter 551— Each section in chapter 551 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,220.
renumbered
was (3)(8)
Chapter 553— Sections 5983, 5985, and 5986 are redesignated as sections 8183, 8185, and 8186, respectively.
renumbered
was (3)(9)
Chapter 555— The sections in chapter 555 are redesignated as follows:
renumbered
was (3)(10)
Chapter 557— Each section in chapter 557 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,160.
renumbered
was (3)(11)
Chapter 559— Section 6113 is redesignated as section 8253.
renumbered
was (3)(12)
Chapter 561— The sections in chapter 561 are redesignated as follows:
renumbered
was (3)(13)
Chapter 563— Sections 6201, 6202, and 6203 are redesignated as sections 8281, 8282, and 8283, respectively.
renumbered
was (3)(14)
Chapter 565— Sections 6221 and 6222 are redesignated as sections 8286 and 8287, respectively.
renumbered
was (3)(15)
Chapter 567— Each section in chapter 567 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,050.
renumbered
was (3)(16)
Chapter 569— Section 6292 is redesignated as section 8317.
renumbered
was (3)(17)
Chapter 571— Each section in chapter 571 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000.
renumbered
was (3)(18)
Chapter 573— Sections 6371, 6383, 6389, 6404, and 6408 are redesignated as sections 8371, 8372, 8373, 8374, and 8375, respectively.
renumbered
was (3)(19)
Chapter 575— Sections 6483, 6484, 6485, and 6486 are redesignated as sections 8383, 8384, 8385, and 8386, respectively.
renumbered
was (3)(20)
Chapter 577— Section 6522 is redesignated as section 8392.
Subtitle C, part III, section numbers—
In general— Except as provided in paragraph (2), each section in part III of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,500.
Chapter 609— Sections 7101, 7102, 7103, and 7104 are redesignated as sections 8591, 8592, 8593, and 8594, respectively.
Subtitle C, part IV, section numbers— The sections in part IV of such subtitle are redesignated as follows:
Chapter 631— Each section in chapter 631 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,400.
Chapter 633— Each section in chapter 633 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370.
Chapter 637— Sections 7361, 7362, 7363, and 7364 are redesignated as sections 8701, 8702, 8703, and 8704, respectively.
Chapter 639— Sections 7395 and 7396 are redesignated as sections 8715 and 8716, respectively.
Chapter 641— Each section in chapter 641 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,300.
changed
Chapter 643— Sections 7472, 7473, 7476, 7477, 7478, 7479, 7479a, and 7480 are redesignated as sections 8742, 8743, 8746, 8747, 8748, 8749, 8749a, and 8750, respectively.
Chapter 645— Sections 7522, 7523, and 7524 are redesignated as sections 8752, 8753, and 8754, respectively.
Chapter 647— The sections in chapter 647 are redesignated as follows:
Chapters 649, 651, 653, and 655— Each section in chapters 649, 651, 653, and 655 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,200.
Chapter 657— Each section in chapter 657 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,170.
Chapter 659— Sections 7851, 7852, 7853, and 7854 are redesignated as sections 8901, 8902, 8903, and 8904, respectively.
Chapter 661— Sections 7861, 7862, and 7863 are redesignated as sections 8911, 8912, and 8913, respectively.
Chapter 663— Section 7881 is redesignated as section 8921.
Chapter 665— Sections 7901, 7902, and 7903 are redesignated as sections 8931, 8932, and 8933, respectively.
Chapter 667— Sections 7912 and 7913 are redesignated as sections 8942 and 8943, respectively.
Chapter 669— Section 7921 is redesignated as section 8951.
Subtitle C chapter numbers—
Part I chapter numbers— Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 300, except that chapter 513 is redesignated as chapter 809.
Part II chapter numbers—
In general— Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 270.
changed
Other chapters— Chapter 533 is redesignated as chapter 811, chapter 535 is redesignated as chapter 812, chapter 537 is redesignated as chapter 813, and chapter 539 is redesignated as chapter 815.815, and chapter 544 is redesignated as chapter 817.
Part III chapter numbers— Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 250.
Part IV chapter numbers— Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 228, except that chapter 631 is redesignated as chapter 861 and chapter 633 is redesignated as chapter 863.
Subtitle C tables of sections and tables of chapters—
Tables of sections— The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d).
Tables of chapters— The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.
Sec. 808 Redesignation of sections and chapters of subtitle B of title 10, United States Code—Army
Subtitle B, part I, section numbers— Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000.
Subtitle B, part II, section numbers— The sections in part II of such subtitle are redesignated as follows:
changed
Chapter 331— Sections 3201 and Section 3210 are is redesignated as sections 7101 and 7110, respectively.section 7110.
Chapter 333— Sections 3251, 3258, and 3262 are redesignated as sections 7131, 7138, and 7142, respectively.
changed
Chapter 335— Sections 3281, 3282, 3283, and 3283 3310 are redesignated as sections 7151, 7152, and 7153, and 7160, respectively.
Chapter 339— Section 3446 is redesignated as sections 7176.
Chapter 341— Sections 3491 and 3503 are redesignated as sections 7191 and 7203, respectively.
changed
Chapter 343— Sections 3533, 3534, 3536, 3547 and 3548 are redesignated as sections 7213, 7214, 7216, 7316, 7217, and 7218, respectively.
Chapter 345— Sections 3572, 3575, 3579, 3581, and 3583 are redesignated as sections 7222, 7225, 7229, 7231, and 7233, respectively.
Chapter 349— Section 3639 is redesignated as section 7239.
Chapter 353— Sections 3681, 3684, and 3691 are redesignated as sections 7251, 7252, and 7253, respectively.
Chapter 355— Section 3723 is redesignated as section 7263.
Chapter 357— Each section in chapter 357 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,530.
Chapter 367— Each section in chapter 367 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,400.
Chapter 369— Sections 3961, 3962, 3963, 3964, 3965, and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively.
Chapter 371— Sections 3991 and 3992 are redesignated as sections 7361 and 7362, respectively.
Chapter 373— Sections 4021, 4024, 4025, and 4027 are redesignated as sections 7371, 7374, 7375, and 7377, respectively.
Chapter 375— Section 4061 is redesignated as section 7381.
Subtitle B, part III, section numbers—
In general— Except as provided in paragraph (2), each section in part III of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,100.
Chapter 407— Each section in chapter 407 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,070.
Subtitle B, part IV, section numbers— Each section in part IV of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.
Subtitle B chapter numbers—
Part I chapter numbers— Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 400.
Part II chapter numbers—
In general— Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 380.
Other chapters— Chapters 367, 369, 371, 373, and 375 are each redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 374.
Part III chapter numbers— Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 350.
Part IV chapter numbers— Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 330.
Subtitle B tables of sections and tables of chapters—
Tables of sections— The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d).
Tables of chapters— The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.
Sec. 809 Cross references to redesignated sections and chapters
changed
Title 10, United States Code—Amendments to references in title 10— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part subtitle is amended so that the reference refers to the number of the section or chapter as redesignated.
added
Deeming rule for other references— Any reference in a provision of law other than title 10, United States Code, to a section or chapter redesignated by this subtitle shall be deemed to refer to the section or chapter as so redesignated.
removed
Laws classified as title 10, United States Code, note sections—
removed
Section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 143 note) is amended by striking “sections 143, 194, 3014, 5014, and 8014” in subsections (a) and (b) and inserting “sections 143, 194, 7014, 8014, and 9014”.
removed
Section 4403(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) is amended—
removed
in paragraph (1)—
removed
in subparagraph (A), by striking “section 3911” and inserting “section 7311”; and
removed
in subparagraph (B), by striking “section 3914” and inserting “section 7314”;
removed
in paragraph (2)—
removed
in subparagraph (A), by striking “section 6323” and inserting “section 8323”; and
removed
in subparagraph (B), by striking “section 6330” and inserting “section 8330”; and
removed
in paragraph (3)—
removed
in subparagraph (A), by striking “section 8911” and inserting “section 9311”; and
removed
in subparagraph (B), by striking “section 8914” and inserting “section 9314”.
removed
Section 598(d)(4) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1561 note) is amended by striking “sections 4361, 6980, and 9361” and inserting “sections 7461, 8480, and 9461”.
removed
Section 549(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1580 note prec.) is amended by striking “section 4348, 6959, or 9348” and inserting “section 7448, 8459, or 9448”.
removed
Section 505(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 3201 note) is amended by striking “section 3201” and inserting “section 7101”.
removed
Section 586(g)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 3741 note) is amended by striking “section 3744, 6248, or 8744” and inserting “section 7274, 8296, or 9274”.
removed
Section 2 of Public Law 89–650 (10 U.S.C. 4343 note) is amended—
removed
by striking “sections 4342(b)(1), 6954(b), and 9342(b)(1)” and inserting “sections 7442(b)(1), 8454(b), and 9442(b)(1) of title 10, United States Code,”; and
removed
by striking “sections 4343, 6956, and 9343 of title 10, United States Code” and inserting “sections 7443, 8456, and 9443 of such title”.
removed
Section 323 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4551 note) is amended by striking “section 4551(2)” and inserting “section 7551(2)”.
removed
Section 343 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4554 note) is amended by striking “section 4554(a)(3)(A)” and inserting “section 7554(a)(3)(A)”.
removed
Section 589(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 7049 note) is amended by striking “sections 7049(a) and 9314a(a)” and inserting “sections 8549(a) and 9414a(a)”.
removed
Section 131(d) of the National Defense Authorization Act for Fiscal Year (Public Law 115–91; 10 U.S.C. 8062 note) is amended by striking “section 8062” and inserting “section 9062”.
removed
Section 2 of Public Law 86–593 (10 U.S.C. 8744 note) is amended by striking “sections 8744(a) and 8750(b)” and inserting “sections 9274(a) and 9280(b)”.
removed
Title 5, United States Code—
removed
Section 5102(c) of title 5, United States Code, is amended—
removed
in paragraph (10)—
removed
by striking “section 1595, 4021, 7478, or 9021 of title 10” and inserting “section 1595, 7371, 8748, or 9371 of title 10”;
removed
by striking “sections 4338, 6952, and 9338, respectively, of title 10” and inserting “sections 7438, 8452, and 9438, respectively, of title 10”;
removed
by striking “section 7044 of title 10” and inserting “section 8544 of title 10”; and
removed
by striking “section 7043 of title 10” and inserting “section 8543 of title 10”; and
removed
in paragraph (28), by striking “section 9314 of title 10” and inserting “section 9414 of title 10”.
removed
Section 504(c) of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 5 U.S.C. 5102 note), is amended by striking “Section 9314(b)(2) of title 10, United States Code” and inserting “Section 9414(b)(2) of title 10, United States Code”.
removed
Section 5514(c) of title 5, United States Code, is amended by striking “section 4837(d) or 9837(d) of title 10” and inserting “section 7837(d) or 9837(d) of title 10”.
removed
Section 8150(b) of title 5, United States Code, is amended by striking “section 9441 of title 10” and inserting “section 9491 of title 10”.
removed
Laws classified in title 7, United States Code— The 7th proviso in the paragraph under the heading “SALARIES” in the Department of Agriculture Appropriation Act, 1937 (7 U.S.C. 2238), is amended by striking “the Act of March 3, 1879 (20 Stat. 412)” and inserting “section 7655 of title 10, United States Code”.
removed
Title 18, United States Code—
removed
Section 704 of title 18, United States Code, is amended—
removed
in subsection (c)(2)—
removed
by striking “section 3741, 6241, or 8741 of title 10” in subparagraph (A) and inserting “section 7271, 8291, or 9271 of title 10”;
removed
by striking “section 3754, 6256, or 8754 of title 10” in subparagraph (B) and inserting “section 7284, 8306, or 9284 of title 10”; and
removed
by striking “section 3747, 6253, or 8747 of title 10” in subparagraph (C) and inserting “section 7277, 8303, or 9277 of title 10”; and
removed
in subsection (d)(1)—
removed
by striking “section 3742 of title 10” and inserting “section 7272 of title 10”;
removed
by striking “section 6242 of title 10” and inserting “section 8292 of title 10”;
removed
by striking “section 8742 of section 10” and inserting “section 9272 of title 10”; and
removed
by striking “section 3746, 6244, or 8746 of title 10” and inserting “section 7276, 8294, or 9276 of title 10”.
removed
Section 921(a)(4) of such title is amended by striking “section 4684(2), 4685, or 4686 of title 10” in the matter after subparagraph (C) and inserting “section 7684(2), 7685, or 7686 of title 10”
removed
Section 925(d)(1) of such title is amended by striking “chapter 401 of title 10” and inserting “chapter 751 of title 10”.
removed
Laws classified in title 22, United States Code— Section 44 of the Arms Export Control Act (22 U.S.C. 2793) is amended by striking “section 7307 of title 10 of the United States Code” and inserting “section 8677 of title 10, United States Code”.
removed
Laws classified in title 24, United States Code— Section 1520(a) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 420(a)) is amended by striking “sections 4712(f) and 9712(f) of title 10, United States Code” in the matter before paragraph (1) and inserting “sections 7712(f) and 9712(f) of title 10, United States Code”.
removed
Laws classified in title 26, United States Code—
removed
Section 170(p)(6) of the Internal Revenue Code of 1986 is amended by striking “section 6973 of title 10, United States Code” and inserting “section 8473 of title 10, United States Code”.
removed
Section 2055(g) of the Internal Revenue Code of 1986 is amended—
removed
in paragraph (4), by striking “section 7222 of title 10, United States Code” and inserting “section 8622 of title 10, United States Code”;
removed
in paragraph (9), by striking “section 6973 of title 10, United States Code” and inserting “section 8473 of title 10, United States Code”; and
removed
in paragraph (10), by striking “section 6974 of title 10, United States Code” and inserting “section 8474 of title 10, United States Code”.
removed
Section 5845(f) of the Internal Revenue Code of 1986 is amended by striking “section 4684(2), 4685, or 4686 of title 10 of the United States Code” and inserting “section 7684(2), 7685, or 7686 of title 10, United States Code”.
removed
Laws classified in title 30, United States Code—
removed
Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) is amended by striking “the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252)” before the period at the end of the first sentence and inserting “section 8733(b) of title 10, United States Code”.
removed
Section 4 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 353) is amended by striking “the Act of June 30, 1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41 Stat. 813)” before the period at the end and inserting “chapter 869 of title 10, United States Code”.
removed
Title 32, United States Code— Section 113(b)(1)(A) of title 32, United States Code, is amended by striking “section 3013(b) of title 10” and inserting “section 7013(b) of title 10”.
removed
Laws classified in title 33, United States Code—
removed
Section 902(c)(2) of the Oceans and Human Health Act (33 U.S.C. 3101(c)(2)) is amended by striking “(10 U.S.C. 7902(a))” and inserting “(10 U.S.C. 8932(a))”.
removed
Section 12406(a)(3) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)(3)) is amended by striking “section 7901 of title 10, United States Code” and inserting “section 8931 of title 10, United States Code”.
removed
Title 36, United States Code—
removed
Section 903(b) of title 36, United States Code, is amended by striking “sections 3755, 6257, and 8755 of title 10” and inserting “sections 7285, 8307, and 9285 of title 10”.
removed
Section 40303(b) of such title is amended by striking “section 9447 of title 10” and inserting “section 9497 of title 10”.
removed
Title 37, United States Code—
removed
Section 207(c) of title 37, United States Code, is amended by striking “section 6222 of title 10” and inserting “section 8287 of title 10”.
removed
Section 301a(a)(6)(D) of such title is amended by striking “section 6911 of title 10” and inserting “section 8411 of title 10”.
removed
Section 334(h)(4) of such title is amended by striking “section 6911 of title 10” and inserting “section 8411 of title 10”.
removed
Section 424(c) of such title is amended by striking “section 6222 of title 10” and inserting “section 8287 of title 10”.
removed
Title 38, United States Code—
removed
The following provisions of chapter 17 of title 38, United States Code, are amended by striking “section 3741, 6241, or 8741 of title 10” and inserting “section 7271, 8291, or 9271 of title 10”:
removed
Section 1705(a)(1).
removed
Section 1710(a)(2)(D).
removed
Section 1710B(c)(2)(D).
removed
Section 1722A(a)(3)(D).
removed
Section 2306(d)(5) of such title is amended by striking “section 3741, 6241, or 8741 of title 10” in subparagraphs (C)(iii) and (D) and inserting “section 7271, 8291, or 9271 of title 10”.
removed
Section 3311(d)(2) of such title is amended by striking “section 4348, 6959, or 9348 of title 10” and inserting “section 7448, 8459, or 9448 of title 10”.
removed
Laws classified in title 42, United States Code—
removed
Section 106 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506) is amended by striking “section 7430 of title 10, United States Code” and inserting “section 8730 of title 10, United States Code”.
removed
Section 3022 of the Solid Waste Disposal Act (42 U.S.C. 6939d) is amended—
removed
in subsection (c)(2), by striking “section 7293 and sections 7304 through 7308 of title 10, United States Code” and inserting “section 8663 and sections 8674 through 8678 of title 10, United States Code”; and
removed
in subsection (d), by striking “section 7311 of title 10, United States Code” and inserting “section 8681 of title 10, United States Code”.
removed
The Department of Energy Organization Act is amended—
removed
in section 307 (42 U.S.C. 7156), by striking “chapter 641 of title 10, United States Code” in the matter before paragraph (1) and inserting “chapter 869 of title 10, United States Code”; and
removed
in section 625(a) (42 U.S.C. 7235(a)), by striking “chapter 641 of title 10, United States Code” and inserting “chapter 869 of title 10, United States Code”.
removed
Section 102(f)(3) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(f)(3)) is amended by striking “(10 U.S.C. 7420 note; Public Law 105–261)” in the matter before subparagraph (A) and inserting “(10 U.S.C. 8720 note; Public Law 105–261)”.
removed
Laws classified in title 43, united states code— Section 2(e) of the Alaska Native Claims Settlement Act (43 U.S.C. 1601(e)) is amended by striking “sections 7421 through 7438 of title 10 of the United States Code” and inserting “sections 8721 through 8738 of title 10, United States Code,”.
removed
Title 46, united states code— Section 57100(d)(1) of title 46, United States Code, is amended by striking “section 7310 of title 10, United States Code,” and inserting “section 8680 of title 10”.
removed
Laws classified in title 50, united states code— Section 505(a)(2)(B)(i) of the National Security Act of 1947 (50 U.S.C. 3095(a)(2)(B)(i)) is amended by striking “(including a law enacted pursuant to section 7307(a) of that title)” and inserting “(including a law enacted pursuant to section 8677(a) of title 10)”.
removed
Title 54, united states code— Section 303102 of title 54, United States Code, is amended by striking “section 7433(b) of title 10” and inserting “section 8733(b) of title 10”.
removed
Deeming rule for other references— Any reference in a provision of law (other than a provision amended by this section) to a section or chapter redesignated by this part shall be deemed to refer to the section or chapter as so redesignated.
Sec. 811 Amendment to and repeal of statutory requirements for certain positions or offices in the Department of Defense
added
Amendment to statutory requirement for Director of Corrosion Policy and Oversight—
added
In general— Section 2228 of title 10, United States Code, is amended—
added
by amending subsection (a) to read as follows:
added “(a) Establishment—There is established an Office of Corrosion Policy and Oversight within the Department of Defense, which shall be headed by a Director of Corrosion Policy and Oversight.”
added
by striking subsections (b) and (c);
added
by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively; and
added
in subsection (c) (as so resdesignated), by striking “subsection (d)” each place it appears and inserting “subsection (b)”.
removed
Amendment relating to Director of Corrosion Policy and Oversight— Section 2228(a) of title 10, United States Code, is amended—
changed
Conforming amendment— Section 1067 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2658, 2659; 10 U.S.C. 2228 note) is amended by striking “, Technology, and Logistics” subsections (b), (c), (d), and inserting “and Sustainment” both places it appears; and(e).
removed
by striking “The Director shall report directly to the Under Secretary” at the end of paragraph (2).
changed
Repeal of statutory requirement for Director of the Office of Technology Transition—Performance Assessment and Root Cause Analysis—
added
Repeal—
added
In general— Section 2438 of title 10, United States Code, is repealed.
added
Clerical amendment— The table of sections at the beginning of chapter 144 of such title is amended by striking the item relating to section 2438.
added
Conforming amendments—
added
Section 131(b)(9) of such title is amended by striking subparagraph (I).
added
Section 2548(a) of such title is amended by striking “, the Director of Procurement and Acquisition Policy, and the Director of the Office of Performance Assessment and Root Cause Analysis,” and inserting “and the Director of Procurement and Acquisition Policy”.
added
Section 882 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2222 note) is amended by striking subsection (a).
added
Repeal of statutory requirement for Office of Technology Transition—
renumbered
was (3)(2)
Repeal— Section 2515 of title 10, United States Code, is repealed.
renumbered
was (3)(3)
Clerical amendment— The table of sections at the beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2515.
added
Repeal of statutory requirement for Office for Foreign Defense Critical Technology Monitoring and Assessment—
removed
Repeal of statutory requirement for Office for Foreign Defense Critical Technology Monitoring and Assessment—
renumbered
was (4)(2)
Repeal— Section 2517 of title 10, United States Code, is repealed.
renumbered
was (4)(3)
Clerical amendment— The table of sections at the beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2517.
added
Repeal of statutory requirement for small business ombudsman for Defense Contract Audit Agency and Defense Contract Management Agency—
added
Repeal— Section 204 of title 10, United States Code, is repealed.
added
Clerical amendment— The table of sections at the beginning of subchapter II of chapter 8 of such title is amended by striking the item relating to section 204.
added
Repeal of statutory requirement for Defense Logistics Agency advocate for competition—
removed
Repeal of statutory requirement for Defense Logistics Agency advocate for competition—
renumbered
was (5)(2)
Repeal— Section 2318 of title 10, United States Code, is amended—
renumbered
was (5)(2)(3)
by striking subsection (a); and
renumbered
was (5)(2)(4)
by striking “(b)” before “Each advocate”.
renumbered
was (5)(3)
Technical amendments— Such section is further amended—
renumbered
was (5)(3)(3)
by striking “advocate for competition of” and inserting “advocate for competition designated pursuant to section 1705(a) of title 41 for”; and
renumbered
was (5)(3)(4)
by striking “a grade GS–16 or above under the General Schedule (or in a comparable or higher position under another schedule)” and inserting “in a position classified above GS–15 pursuant to section 5108 of title 5”.
added
Sunset for statutory designation of senior Department of Defense official with principal responsibility for directed energy weapons— Section 219 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by adding at the end the following new subsection:
added “(d) Sunset—The provisions of subsection (a) and of paragraphs (2) and (3) of subsection (b) shall cease to be in effect as of September 30, 2022.”
renumbered
was (6)
Repeal of statutory requirement for designation of individual to serve as primary liaison between the procurement and research and development activities of the united states armed forces and those of the State of Israel— Section 1006 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2040; 10 U.S.C. 133a note) is repealed.
renumbered
was (7)
Repeal of statutory requirement for designation of senior official to coordinate and manage human systems integration activities related to acquisition programs— Section 231 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) is amended—
renumbered
was (7)(3)
by striking “(a) In general.—”; and
renumbered
was (7)(4)
by striking subsections (b), (c), and (d).
renumbered
was (8)
Repeal of statutory requirement for designation of senior official responsible for focus on urgent operational needs and rapid acquisition— Section 902 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed.
renumbered
was (9)
Repeal of statutory requirement for designation of senior official responsible for dual-use projects under dual-use science and technology program— Section 203 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2511 note) is amended by striking subsection (c).
added
Repeal of statutory requirement for designation of senior official as executive agent for printed circuit board technology— Section 256 of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4404; 10 U.S.C. 2501 note) is repealed.
added
Submission of notice and plan to Congress— Not later than 30 days before reorganizing, restructuring, or eliminating any position or office specified in this section, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such reorganization, restructuring, or elimination together with a plan to ensure that mission requirements are met and appropriate oversight is conducted in carrying out such reorganization, restructuring, or elimination. Such plan shall address how user needs will be met and how associated roles and responsibilities will be accomplished for each position or office that the Secretary determines requiring reorganization, restructuring, or elimination.
removed
Submission of notice and plan to Congress— Not less than 30 days before reorganizing, restructuring, or eliminating any position or office specified in this section, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such reorganization, restructuring, or elimination together with a plan to ensure that mission requirements are met and appropriate oversight is conducted in carrying out such reorganization, restructuring, or elimination. Such plan shall address how user needs will be met and how associated roles and responsibilities will be accomplished for each position or office that the Secretary determines requiring reorganization, restructuring, or elimination.
Sec. 812 Repeal of certain defense acquisition laws
Title 10, United States Code—
Section 167a—
Repeal— Section 167a of title 10, United States Code, is repealed.
Clerical amendment— The table of sections at the beginning of chapter 6 of such title is amended by striking the item relating to section 167a.
Conforming amendment— Section 905(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 133a note) is amended by striking “166b, 167, or 167a” and inserting “166b or 167”.
Section 2323—
Repeal— Section 2323 of title 10, United States Code, is repealed.
Clerical amendment— The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2323.
Conforming amendments—
Section 853(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note) is amended by striking “section 2323 of title 10, United States Code, and”.
Section 831(n) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—
in paragraph (4), by inserting “, as in effect on March 1, 2018” after “section 2323 of title 10, United States Code”; and
in paragraph (6), by striking “section 2323 of title 10, United States Code, and”.
added
Subsection (d) of section 811 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2323 note) is repealed.
renumbered
was (2)(3)(4)(4)
Section 8304(1) of the Federal Acquisition Streamlining Act of 1994 (10 U.S.C. 2375 note) is amended by striking “section 2323 of title 10, United States Code, or”.
renumbered
was (2)(3)(4)(5)
Section 10004(a)(1) of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 1122 note) is amended by striking “section 2323 of title 10, United States Code, or”.
renumbered
was (2)(3)(4)(6)
Section 2304(b)(2) of title 10, United States Code, is amended by striking “and concerns other than” and all that follows through “this title”.
renumbered
was (2)(3)(4)(7)
Section 2304e(b) of title 10, United States Code, is amended—
renumbered
was (2)(3)(4)(7)(2)
by striking “other than—” and all that follows through “small” and inserting “other than small”;
renumbered
was (2)(3)(4)(7)(3)
by striking “; or” and inserting a period; and
renumbered
was (2)(3)(4)(7)(4)
by striking paragraph (2).
renumbered
was (2)(3)(4)(8)
Section 2323a(a) of title 10, United States Code, is amended by striking “section 2323 of this title and”.
renumbered
was (2)(3)(4)(9)
Section 15 of the Small Business Act (15 U.S.C. 644) is amended—
renumbered
was (2)(3)(4)(9)(2)
in subsection (j)(3), by striking “section 2323 of title 10, United States Code,”;
renumbered
was (2)(3)(4)(9)(3)
in subsection (k)(10)—
renumbered
was (2)(3)(4)(9)(3)(2)
by striking “or section 2323 of title 10, United States Code,” and all that follows through “subsection (m),”; and
renumbered
was (2)(3)(4)(9)(3)(3)
by striking “subsection (a),” and inserting “subsection (a) or”; and
renumbered
was (2)(3)(4)(9)(4)
by amending subsection (m) to read as follows:
“(m) Additional duties of procurement center representatives—All procurement center representatives (including those referred to in subsection (k)(6)), in addition to such other duties as may be assigned by the Administrator, shall increase, insofar as possible, the number and dollar value of procurements that may be used for the programs established under this section and section 8(a).”
renumbered
was (2)(3)(4)(10)
Section 1902(b)(1) of title 41, United States Code, is amended by striking “, section 2323 of title 10,”.
Section 2332—
Repeal— Section 2332 of title 10, United States Code, is repealed.
Clerical amendment— The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2332.
Other provisions of law— The following provisions of law are repealed:
added
Section 801 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2223a note).
renumbered
was (3)(3)
Section 934 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223a note).
renumbered
was (3)(4)
Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a note).
added
Section 881 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2223a note).
added
Section 854 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note).
renumbered
was (3)(5)
Section 804 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).
renumbered
was (3)(6)
Section 829 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).
renumbered
was (3)(7)
Section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note).
renumbered
was (3)(8)
Section 815(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note).
added
Section 812 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2302 note).
added
Section 817 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2302 note).
renumbered
was (3)(9)
Section 141 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2302 note).
renumbered
was (3)(10)
Section 801(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).
added
Section 805(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).
renumbered
was (3)(11)
Section 352 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note).
added
Section 326 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 note).
renumbered
was (3)(12)
Section 9004 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note).
added
Section 895 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2304 note).
renumbered
was (3)(13)
Section 802 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2304 note).
added
Section 821 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note).
renumbered
was (3)(14)
Section 813 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304 note).
renumbered
was (3)(15)
Section 391 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note).
renumbered
was (3)(16)
Section 927(b) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2304 note).
renumbered
was (3)(17)
Section 1222(b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304 note).
renumbered
was (3)(18)
Section 814(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a note).
renumbered
was (3)(19)
Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304b note).
renumbered
was (3)(20)
Section 803 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2306a note).
renumbered
was (3)(21)
Section 1075 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315 note).
added
Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2320 note).
renumbered
was (3)(22)
Section 818 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324 note).
added
Section 812 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2326 note).
renumbered
was (3)(23)
Sections 908(a), (b), (c), and (e) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2326 note).
added
Section 882 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2330 note).
renumbered
was (3)(24)
Section 807 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330 note).
added
Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note).
added
Section 808 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note).
removed
Section 808(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note).
renumbered
was (3)(26)
Section 812(b)–(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2330 note).
renumbered
was (3)(27)
Section 801(d)–(f) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note).
renumbered
was (3)(28)
Section 802 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note).
renumbered
was (3)(29)
Section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2330a note).
renumbered
was (3)(30)
Section 1032 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note).
renumbered
was (3)(31)
Section 241 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note).
added
Section 606 of Public Law 92–436 (10 U.S.C. 2358 note).
renumbered
was (3)(32)
Section 913(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364 note).
renumbered
was (3)(33)
Sections 234(a) and (b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2364 note).
renumbered
was (3)(34)
Section 943(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a note).
renumbered
was (3)(35)
Section 801 of the National Defense Authorization Act for Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399 note).
renumbered
was (3)(36)
Section 8133 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note).
renumbered
was (3)(37)
Section 807(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2410p note).
added
Section 825(c)(1)–(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note).
renumbered
was (3)(38)
Section 1058 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2430 note).
added
Section 837 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).
renumbered
was (3)(39)
Section 838 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).
renumbered
was (3)(40)
Section 809 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 note).
renumbered
was (3)(41)
Section 833 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).
renumbered
was (3)(42)
Section 839 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).
renumbered
was (3)(43)
Section 819 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430 note).
renumbered
was (3)(44)
Section 5064 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 10 U.S.C. 2430 note).
renumbered
was (3)(45)
Section 803 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430 note).
added
Section 1215 of the Department of Defense Authorization Act, 1984 (Public Law 98–94; 10 U.S.C. 2452 note).
renumbered
was (3)(46)
Section 328 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458 note).
renumbered
was (3)(47)
Section 347 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note).
renumbered
was (3)(48)
Section 349 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note).
renumbered
was (3)(49)
Section 395 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458 note).
added
Section 352 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2458 note).
renumbered
was (3)(50)
Section 325 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461 note).
renumbered
was (3)(51)
Section 336 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461 note).
renumbered
was (3)(52)
Section 353(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).
renumbered
was (3)(53)
Section 353(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).
renumbered
was (3)(54)
Section 356 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).
renumbered
was (3)(55)
Section 1010 of the USA Patriot Act of 2001 (Public Law 107–56; 10 U.S.C. 2465 note).
renumbered
was (3)(56)
Section 4101 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500 note).
renumbered
was (3)(57)
Section 852 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504 note).
renumbered
was (3)(58)
Section 823 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521 note).
renumbered
was (3)(59)
Section 823 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2533b note).
renumbered
was (3)(60)
Section 804(h) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b note).
renumbered
was (3)(61)
Section 842(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2533b note).
renumbered
was (3)(62)
Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 4551 note).
Sec. 813 Repeal of certain Department of Defense reporting requirements
Amendments to title 10, United States Code— Title 10, United States Code, is amended as follows:
added
Section 118a— Section 118a is amended by striking subsection (d).
added
Section 1116— Section 1116 is amended by striking subsection (d).
added
Section 2275—
added
Repeal— Section 2275 is repealed.
added
Clerical amendment— The table of sections at the beginning of chapter 135 is amended by striking the item relating to section 2275.
removed
Section 231a—
removed
Repeal— Section 231a is repealed.
removed
Clerical amendment— The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 231a.
renumbered
was (2)(4)
Section 2276— Section 2276 is amended by striking subsection (e).
added
Section 10543—
added
Repeal— Section 10543 is repealed.
added
Clerical amendment— The table of sections at the beginning of chapter 1013 is amended by striking the item relating to section 10543.
added
NDAA for FY 2007— Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as amended by section 121 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 691), is amended by striking subsection (d).
renumbered
was (3)
NDAA for FY 2008— The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended—
renumbered
was (3)(3)
in section 911(f) (10 U.S.C. 2271 note)—
renumbered
was (3)(3)(2)
in the subsection heading, by striking “; biennial update”;
renumbered
was (3)(3)(3)
in paragraph (3), by striking “, and each update required by paragraph (2),”; and
renumbered
was (3)(3)(4)
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and
added
in section 1107 (10 U.S.C. 2358 note)—
added
in subsection (c), by striking “demonstration laboratory” and inserting “laboratory designated by the Secretary of Defense under the provisions of section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721)”; and
added
by striking subsections (d) and (e).
removed
in section 1034—
removed
by striking subsection (d); and
removed
by redesignating subsection (e) as subsection (d).
renumbered
was (4)
NDAA for FY 2009— Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2366b note) is amended—
renumbered
was (4)(3)
in the subsection heading, by striking “bandwidth” and all that follows through “The Secretary” and inserting “bandwidth requirements.—The Secretary”; and
renumbered
was (4)(4)
by striking paragraph (2).
renumbered
was (5)
NDAA for FY 2010— Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 U.S.C. 1928 note) is amended by striking subsection (d).
renumbered
was (6)
NDAA for FY 2011— Section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 22 U.S.C. 7513 note) is amended by striking subsection (i).
added
NDAA for FY 2013— The National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended—
added
in section 524 (126 Stat. 1723; 10 U.S.C. 1222 note) by striking subsection (c); and
added
in section 904(h) (10 U.S.C. 133 note)—
added
by striking “Reports To Congress” and all that follows through “(3) Additional congressional notification.—” and inserting “Congressional notification.—”; and
added
by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.
removed
NDAA for FY 2013— Section 524 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1723; 10 U.S.C. 1222 note) is amended by striking subsection (c).
renumbered
was (8)
NDAA for FY 2015— Section 1026(d) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3490) is repealed.
renumbered
was (9)
Military Construction Authorization Act, 1982— Section 703 of the Military Construction Authorization Act, 1982 (Public Law 97–99; 95 Stat. 1376) is amended by striking subsection (g).
added
Conforming amendments—
removed
Conforming amendments—
renumbered
was (10)(2)
NDAA for FY 2017— Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended—
added
in subsection (c), by striking paragraphs (3), (28), (40), (41), and (63);
removed
in subsection (c), by striking paragraphs (16) and (41);
renumbered
was (10)(2)(4)
in subsection (d), by striking paragraph (3);
added
in subsection (f), by striking paragraphs (1) and (2);
removed
in subsection (f), by striking paragraph (1);
renumbered
was (10)(2)(6)
in subsection (g), by striking paragraph (3);
renumbered
was (10)(2)(7)
in subsection (h), by striking paragraph (3); and
added
in subsection (i), by striking paragraphs (17), (19), and (24).
removed
in subsection (i), by striking paragraphs (15), (17), and (24).
renumbered
was (10)(3)
NDAA for FY 2000— Section 1031 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 749; 31 U.S.C. 1113 note) is amended by striking paragraph (32).
Sec. 816 Modification of limitations on single source task or delivery order contracts
removed
removed
Section 2304a(d)(3)(A) of title 10, United States Code, is amended by striking “reasonably perform the work” and inserting “efficiently perform the work”.
Sec. 817 Preliminary cost analysis requirement for exercise of multiyear contract authority
removed
removed
Section 2306b(i)(2)(B) of title 10, United States Code, is amended—
removed
by striking “made after the completion of a cost analysis” and inserting “supported by a preliminary cost analysis”; and
removed
by striking “for the purpose of section 2334(e)(1) of this title, and that the analysis supports those preliminary findings”.
Sec. 818 Revision of requirement to submit information on services contracts to Congress
removed
removed
Revision— Section 2329(b) of title 10, United States Code, is amended—
removed
by striking “October 1, 2022” and inserting “October 1, 2021”; and
removed
in paragraph (1)—
removed
by striking “at or about” and inserting “at or before”; and
removed
by inserting “or on the date on which the future-years defense program is submitted to Congress under section 221 of this title” after “title 31”;
removed
in paragraph (3), by striking “and” at the end;
removed
in paragraph (4), by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following new paragraph:
removed
“(5) be included in the future-years defense program submitted to Congress under section 221 of this title.”
removed
Briefing requirement on services contracts— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the requirements of section 2329(b) of title 10, United States Code, are met, the Under Secretary of Defense for Acquisition and Sustainment shall brief the congressional defense committees on the progress of Department of Defense efforts to meet the requirements of such section, including relevant information on the methodology and implementation plans for future compliance.
Sec. 819 Data collection and inventory for services contracts
removed
removed
Section 2330a of title 10, United States Code, is amended in subsection (c)(1)—
removed
by inserting “and contracts closely associated with inherently governmental functions” after “staff augmentation contracts”; and
removed
by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
Sec. 820 Report on clarification of services contracting definitions
removed
removed
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report clarifying the definitions of and relationships between terms used by the Department of Defense related to services contracting, including the appropriate use of personal services contracts and nonpersonal services contracts, and the responsibilities of individuals in the acquisition workforce with respect to such contracts.
Sec. 821 Contract goal for the AbilityOne program
changed
In general—Contract goal for the AbilityOne program— Section 2338 Chapter 137 of title 10, United States Code, is amended by striking “Notwithstanding subsection (a) of section 1902 of title 41, the micro-purchase threshold for the Department of Defense for purposes of such section is $5,000” and inserting “The micro-purchase threshold for after section 2323a the Department of Defense is $10,000”.following new section:
added “2323b. Contract goal for the AbilityOne program
added “(a) Goal—The Secretary of Defense shall establish a goal for each fiscal year for the procurement of products and services from the procurement list established pursuant to section 8503 of title 41 of an amount equal to 1.5 percent of the total amount of funds obligated for contracts entered into with the Department of Defense in such fiscal year for procurement.
added “(b) Annual report—At the conclusion of each fiscal year, the Secretary of Defense shall submit to the Committee for Purchase From People Who Are Blind or Severely Disabled (established under section 8502 of title 41) a report on the progress toward attaining the goal established under subsection (a) with respect to such fiscal year. The report shall include—
added “(1) if the goal was not achieved, a plan to achieve the goal in the next fiscal year; and
added “(2) if the goal was achieved, a strategy to exceed the goal in the next fiscal year.”
changed
Conforming Clerical amendment— Section 1902(a)(1) The table of title 41, United States Code, sections at the beginning of such chapter is amended by striking “sections 2338 and 2339 of title 10 and”.inserting after the item relating to section 2323a the following new item:
removed
Repeal of obsolete authority—
removed
In general— Section 2339 of title 10, United States Code, is repealed.
removed
Clerical amendment— The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by striking the item relating to section 2339.
Sec. 822 Increased micro-purchase threshold applicable to Department of Defense procurements
changed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a study of the frequency and effects Section 2338 of bid protests involving the same contract award or proposed award that have been filed at both the Government Accountability Office and the title 10, United States Court of Federal Claims. The study shall cover Department of Defense contracts and include, at a minimum—Code, is amended—
changed
the number by striking “Notwithstanding subsection (a) of protests that have been filed with both tribunals section 1902 of title 41, the” and results;inserting “The”; and
changed
the number of such protests where the tribunals differed in denying or sustaining the action;by striking “$5,000” and inserting “$10,000”.
added
Conforming amendments—
added
Repeal of micro-purchase threshold for certain Department of Defense activities—
added
In general— Section 2339 of title 10, United States Code, is repealed.
added
Clerical amendment— The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2339.
added
Micro-purchase threshold for non-Department of Defense purchases— Section 1902(a)(1) of title 41, United States Code, is amended by striking “sections 2338 and 2339 of title 10 and”.
removed
the length of time, in average time and median time—
removed
from initial filing at the Government Accountability Office to decision in the United States Court of Federal Claims;
removed
from filing with each tribunal to decision by such tribunal;
removed
from the time at which the basis of the protest is known to the time of filing in each tribunal; and
removed
in the case of an appeal from a decision of the United States Court of Federal Claims, from the date of the initial filing of the appeal to decision in the appeal;
removed
the number of protests where performance was stayed or enjoined and for how long;
removed
if performance was stayed or enjoined, whether the requirement was obtained in the interim through another vehicle or in-house, or whether during the period of the stay or enjoining the requirement went unfulfilled;
removed
separately for each tribunal, the number of protests where performance was stayed or enjoined and monetary damages were awarded, which shall include for how long performance was stayed or enjoined and the amount of monetary damages;
removed
whether the protestor was a large or small business; and
removed
whether the protestor was the incumbent in a prior contract for the same or similar product or service.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the results of the study, along with related recommendations for improving the expediency of the bid protest process. In preparing the report, the Secretary shall consult with the Attorney General of the United States, the Comptroller General of the United States, and the United States Court of Federal Claims.
removed
Ongoing data collection— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish and continuously maintain a data repository to collect on an ongoing basis the information described in subsection (a) and any additional relevant bid protest data the Secretary determines necessary and appropriate to allow the Department of Defense, the Government Accountability Office, and the United States Court of Federal Claims to assess and review bid protests over time.
removed
Establishment of expedited process for small value contracts—
removed
In general— Not later than December 1, 2019, the Secretary of Defense shall develop a plan and schedule for an expedited bid protest process for Department of Defense contracts with a value of less than $100,000.
removed
Consultation— In carrying out paragraph (1), the Secretary of Defense may consult with the Government Accountability Office and the United States Court of Federal Claims to the extent such entities may establish a similar process at their election.
removed
Report— Not later than May 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on the plan and schedule for implementation of the expedited bid protest process, which shall include a request for any additional authorities the Secretary determines appropriate for such efforts.
Sec. 823 Preference for offerors employing veterans
added
In general— Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:
added “2339a. Preference for offerors employing veterans
added “(a) Preference—In awarding a contract for the procurement of goods or services for the Department of Defense, the head of an agency may establish a preference for offerors that employ veterans on a full-time basis. The Secretary of Defense shall determine the criteria for use of such preference.
added “(b) Congressional notification—Prior to establishing the preference described in subsection (a), the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives on—
added “(1) a plan for implementing such preference, including—
added “(A) penalties for an offeror that willfully and intentionally misrepresents the veteran status of the employees of the offeror in a bid submitted under subsection (a); and
added “(B) reporting on use of such preference; and
added “(2) the process for assessing and verifying offeror compliance with regulations relating to equal opportunity for veterans requirements.”
removed
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Federal Acquisition Regulatory Council and the Administrator for Federal Procurement Policy, shall develop policies for the Department of Defense to ensure the best information regarding past performance of certain subcontractors and joint venture partners is available when awarding Department of Defense contracts. The policies shall include proposed revisions to the Defense Federal Acquisition Regulation Supplement as follows:
changed
Clerical amendment— Required performance evaluations, as part of a government-wide evaluation reporting tool, for first-tier subcontractors on construction and architect-engineer contracts performing a portion The table of the contract valued sections at the threshold set forth in section 42.1502(e) of the Federal Acquisition Regulation, or 20 percent beginning of such chapter is amended by inserting after the value of item relating to section 2339 the prime contract, whichever is higher, provided—following new item:
removed
the information included in rating the subcontractor is not inconsistent with the information included in the rating for the prime contractor;
removed
the subcontractor evaluation is conducted consistent with the provisions of section 42.15 of the Federal Acquisition Regulation;
removed
negative evaluations of a subcontractor in no way obviate the prime contractor's responsibility for successful completion of the contract and management of its subcontractors; and
removed
that in the judgment of the contracting officer, the overall execution of the work is impacted by the performance of the subcontractor or subcontractors.
removed
Required performance evaluations, as part of a government-wide evaluation reporting tool, of individual partners of joint venture-awarded construction and architect-engineer contracts valued at the threshold set forth in section 42.1502(e) of the Federal Acquisition Regulation, to ensure that past performance on joint venture projects is considered in future awards to individual joint venture partners, provided—
removed
at a minimum, the rating for joint ventures includes an identification that allows the evaluation to be retrieved for each partner of the joint venture;
removed
each partner, through the joint venture, is given the same opportunity to submit comments, rebutting statements, or additional information, consistent with the provisions of section 42.15 of the Federal Acquisition Regulation; and
removed
the rating clearly identifies the responsibilities of joint venture partners for discrete elements of the work where the partners are not jointly and severally responsible for the project.
removed
Processes to request exceptions from the annual evaluation requirement under section 42.1502(a) of the Federal Acquisition Regulation for construction and architect-engineer contracts where submission of the annual evaluations would not provide the best representation of the performance of a contractor, including subcontractors and joint venture partners, including—
removed
where no severable element of the work has been completed;
removed
where the contracting officer determines that—
removed
an insubstantial portion of the contract work has been completed in the preceding year; and
removed
the lack of performance is at no fault to the contractor; or
removed
where the contracting officer determines that there is an issue in dispute which, until resolved, would likely cause the annual rating to inaccurately reflect the past performance of the contractor.
Sec. 824 Revision of requirement to submit information on services contracts to Congress
added Section 2329(b) of title 10, United States Code, is amended—
removed
Amendment— Section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) is amended—
removed
in subsection (g), by adding at the end the following new paragraph:
removed
“(5) The term approved purchasing system has the meaning given the term in section 44.101 of the Federal Acquisition Regulation (or any similar regulation).”
removed
by adding at the end the following new subsection:
removed
“(i) Consent to subcontract—If the contractor on a Department of Defense contract requiring a contracting officer's written consent prior to the contractor entering into a subcontract has an approved purchasing system, the contracting officer may not withhold such consent without the written approval of the program manager.”
changed
Conforming regulations— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to conform with the amendments to section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note) made by this section.striking “October 1, 2022” and inserting “October 1, 2020”; and
added
in paragraph (1)—
added
by striking “at or about” and inserting “at or before”; and
added
by inserting “or on the date on which the future-years defense program is submitted to Congress under section 221 of this title” after “title 31”;
added
in paragraph (3), by striking “and” at the end;
added
in paragraph (4), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(5) be included in the future-years defense program submitted to Congress under section 221 of this title.”
Sec. 825 Data collection and inventory for services contracts
changed
Section 817(b)(2) 2330a of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) title 10, United States Code, is amended by striking “; and” and inserting “; or”.amended—
added
in subsection (a)—
added
by striking “$3,000,000” and inserting “the simplified acquisition threshold”;
added
by striking “in the following service acquisition portfolio groups:” and inserting “in any service acquisition portfolio group.”; and
added
by striking paragraphs (1) through (4);
added
in subsection (c)(1)—
added
by striking “staff augmentation contracts” and inserting “services contracts”; and
added
by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
added
in subsection (h)—
added
by striking paragraph (6); and
added
by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively.
Sec. 826 Competition requirements for purchases from Federal Prison Industries
added
added
Competition requirements for purchases from Federal Prison Industries— Subsections (a) and (b) of section 2410n of title 10, United States Code, are amended to read as follows:
added “(a) Market research—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—
added “(1) is comparable to products available from the private sector; and
added “(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.
added “(b) Competition requirement—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery pursuant to subsection (a), the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”
added
Effective date— The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.
Sec. 827 Requirement for a fair and reasonable price for technical data before development or production of major weapon systems
addedadded Section 2439 of title 10, United States Code, is amended—
added
by inserting “, to the maximum extent practicable,” after “shall ensure”; and
added
by inserting “fair and reasonable” after “negotiates a”.
Sec. 828 Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs
added
added
Revisions in authority relating to program cost and fielding targets— Section 2448a of title 10, United States Code, is amended—
added
in subsection (a), by striking “the Secretary of Defense” and inserting “the appropriate Secretary”;
added
by striking subsection (b); and
added
by redesignating subsection (c) as subsection (b) and adding at the end of that subsection the following new paragraph:
added “(3) The term “appropriate Secretary”, with respect to a major defense acquisition program, means—
added “(A) the Secretary of the military department that is managing the program; or
added “(B) in the case of a program for which an alternate milestone decision authority is designated under section 2430(d)(2) of this title, the Secretary of Defense.”
added
Conforming amendments— Such title is further amended—
added
in section 2366a(c)(1)(A) by striking “by the Secretary of Defense”; and
added
in section 2366b—
added
in subsection (a)(3)(D), by striking “Secretary of Defense” and inserting “appropriate Secretary (as defined in such section 2448a)”; and
added
in subsection (c)(1)(A), by striking “by the Secretary of Defense”.
Sec. 829 Revision of timeline for use of the rapid fielding pathway for acquisition programs
addedadded Section 804(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended by striking “complete fielding within five years” and inserting “complete low-rate initial production (as described under section 2400 of title 10, United States Code) within five years”.
Sec. 830 Clarification of services contracting definitions
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to clarify the definitions of and relationships between terms related to services contracts, including the appropriate use of personal services contracts and nonpersonal services contracts, and the responsibilities of individuals in the acquisition workforce with respect to such contracts.
Sec. 831 Revision of definition of commercial item for purposes of Federal acquisition statutes
added
Definitions in chapter 1 of title 41, United States Code—
added
Separation of “commercial item” definition into definitions of “commercial product” and “commercial service”— Chapter 1 of title 41, United States Code, is amended by striking section 103 and inserting the following new sections:
added “103. Commercial product
added “In this subtitle, the term commercial product means any of the following:
added “(1) A product, other than real property, that—
added “(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
added “(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
added “(2) A product that—
added “(A) evolved from a product described in paragraph (1) through advances in technology or performance; and
added “(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.
added “(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
added “(A) modifications of a type customarily available in the commercial marketplace; or
added “(B) minor modifications made to meet Federal Government requirements.
added “(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.
added “(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
added “(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
added “(A) the product was developed exclusively at private expense; and
added “(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
added “103a. Commercial service
added “In this subtitle, the term commercial service means any of the following:
added “(1) Installation services, maintenance services, repair services, training services, and other services if—
added “(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
added “(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
added “(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—
added “(A) based on established catalog or market prices;
added “(B) for specific tasks performed or specific outcomes to be achieved; and
added “(C) under standard commercial terms and conditions.
added “(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.”
added
Conforming amendments to title 41 definitions—
added
Definition of commercial component— Section 102 of such title is amended by striking “commercial item” and inserting “commercial product”.
added
Definition of commercially available off-the-shelf item— Section 104(1)(A) is amended by striking “commercial item” and inserting “commercial product”.
added
Definition of nondevelopmental item— Section 110(1) of such title is amended by striking “commercial item” and inserting “commercial product”.
removed
Revisions in authority relating to program cost and fielding targets— Section 2448a of title 10, United States Code, is amended—
removed
in subsection (a), by striking “Secretary of Defense” and inserting “designated milestone decision authority for the program”;
changed
Clerical amendment— The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking “the milestone decision authority for the major defense acquisition program approves a program that” item relating to section 103 and inserting “the program”;the following new items:
added
Conforming amendments to other provisions of title 41, United States Code— Title 41, United States Code, is further amended as follows:
removed
by striking subsection (b); and
removed
by redesignating subsection (c) as subsection (b).
removed
Conforming amendments—
removed
Section 181(b) of title 10, United States Code, is amended—
removed
by striking paragraph (3); and
removed
by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively.
changed
Section 2366a(c)(1)(A) of such title 1502(b) is amended by striking “by the Secretary of Defense”.amended—
added
in paragraph (1)(A), by striking “commercial items” and inserting “commercial products or commercial services”;
added
in paragraph (1)(C)(i), by striking “commercial item” and inserting “commercial product or commercial service”; and
added
in paragraph (3)(A)(i), by striking “commercial items” and inserting “commercial products or commercial services”.
changed
Section 2366b of such title 1705(c) is amended—amended by striking “commercial items” and inserting “commercial products and commercial services”.
removed
in subsection (a)(3)(D), by striking “Secretary of Defense after a request for such increase or delay by the”; and
removed
in subsection (c)(1)(A), by striking “by the Secretary of Defense”.
changed
Section 925(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2361; 10 U.S.C. 2448a note) 1708 is amended by striking “Deputy Secretary of Defense “commercial items” in subsections (c)(6) and the Vice Chairman of the Joint Chiefs of Staff” (e)(3) and inserting “designated milestone decision authority for the major defense acquisition program and the Vice Chief of Staff of the armed force concerned or, in the case of a program for which an alternate milestone decision authority is designated under section 2430(d)(2) of such title, the Vice Chairman of the Joint Chiefs of Staff”.“commercial products or commercial services”.
added
Section 1901 is amended—
added
in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and
added
in subsection (e)—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and
added
by striking “commercial items” and inserting “commercial products or commercial services”.
added
Section 1903(c) is amended—
added
in the subsection heading, by striking “Commercial Item” and inserting “Commercial Product or Commercial Service”;
added
in paragraph (1), by striking “as a commercial item” and inserting “as a commercial product or a commercial service”; and
added
in paragraph (2), by striking “for an item or service treated as a commercial item” and inserting “for a product or service treated as a commercial product or a commercial service”.
added
added
Section 1906 is amended by striking “commercial items” each place it appears in subsections (b), (c), and (d) and inserting “commercial products or commercial services”.
added
added
The heading of such section is amended to read as follows:
added “1906. List of laws inapplicable to procurements of commercial products and commercial services”
added
The table of sections at the beginning of chapter 19 is amended by striking the item relating to section 1906 and inserting the following new item:
added
Section 3304 is amended by striking “commercial item” in subsections (a)(5) and (e)(4)(B) and inserting “commercial product”.
added
Section 3305(a)(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
Section 3306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
added
Section 3307 is amended—
added
in subsection (a)—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;
added
in paragraph (1), by striking “commercial items” and inserting “commercial products and commercial services”; and
added
in paragraph (2), by striking “a commercial item” and inserting “a commercial product or commercial service”;
added
in subsection (b)—
added
in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and
added
in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;
added
in subsection (c)—
added
in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or nondevelopmental items other than commercial products”;
added
in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and
added
in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;
added
in subsection (d)(2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and
added
in subsection (e)—
added
in paragraph (1), by inserting “103a, 104,” after “sections 102, 103,”;
added
in paragraph (2)(A), by striking “commercial items” and inserting “commercial products or commercial services”;
added
in the first sentence of paragraph (2)(B), by striking “commercial end items” and inserting “end items that are commercial products”;
added
in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), by striking “commercial items or commercial components” and inserting “commercial products, commercial components, or commercial services”;
added
in paragraph (2)(C), in the matter preceding clause (i), by striking “commercial items” and inserting “commercial products or commercial services”;
added
in paragraph (4)(A), by striking “commercial items” and inserting “commercial products or commercial services”;
added
in paragraph (4)(C)(i), by striking “commercial item, as described in section 103(5)” and inserting “commercial product, as described in section 103a(1)”; and
added
in paragraph (5), by striking “items” each place it appears and inserting “products”.
added
added
The heading of such section is amended to read as follows:
added “3307. Preference for commercial products and commercial services”
added
The table of sections at the beginning of chapter 33 is amended by striking the item relating to section 3307 and inserting the following new item:
added
Section 3501 is amended—
added
in subsection (a)—
added
by striking paragraph (1);
added
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
added
in paragraph (2) (as so redesignated), by striking “commercial items” and inserting “commercial products or commercial services”; and
added
in subsection (b)—
added
by striking “item” in the heading for paragraph (1); and
added
by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”.
added
Section 3503 is amended—
added
in subsection (a)(2), by striking “a commercial item” and inserting “a commercial product or a commercial service”; and
added
in subsection (b)—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and
added
by striking “a commercial item” each place it appears and inserting “a commercial product or a commercial service”.
added
Section 3505(b) is amended by striking “commercial items” each place it appears and inserting “commercial products or commercial services”.
added
Section 3509(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
Section 3704(c)(5) is amended by striking “commercial item” and inserting “commercial product”.
added
Section 3901(b)(3) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
Section 4301(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
added
Section 4505 is amended by striking “commercial items” in subsections (a) and (c) and inserting “commercial products or commercial services”.
added
added
The heading of such section is amended to read as follows:
added “4505. Payments for commercial products and commercial services”
added
The table of sections at the beginning of chapter 45 is amended by striking the item relating to section 4505 and inserting the following new item:
added
Section 4704(d) is amended by striking “commercial items” both places it appears and inserting “commercial products or commercial services”.
added
Sections 8102(a)(1), 8703(d)(2), and 8704(b) are amended by striking “commercial items (as defined in section 103 of this title)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)”.
added
Amendments to chapter 137 of title 10, united states code— Chapter 137 of title 10, United States Code, is amended as follows:
added
Section 2302(3) is amended—
added
by redesignating subparagraphs (J), (K), and (L) as subparagraphs (K), (L), and (M); and
added
by striking subparagraph (I) and inserting the following new subparagraphs (I) and (J):
added “(I) The term commercial product.
added “(J) The term commercial service.”
added
Section 2304 is amended—
added
in subsections (c)(5) and (f)(2)(B), by striking “brand-name commercial item” and inserting “brand-name commercial product”;
added
in subsection (g)(1)(B), by striking “commercial items” and inserting “commercial products or commercial services”; and
added
in subsection (i)(3), by striking “commercial items” and inserting “commercial products”.
added
Section 2305 is amended—
added
in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and
added
in subsection (b)(5)(B)(v), by striking “commercial item” and inserting “commercial product”.
added
Section 2306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
Section 2306a is amended—
added
in subsection (b)—
added
in paragraph (1)(B), by striking “a commercial item” and inserting “a commercial product or a commercial service”;
added
in paragraph (2)—
added
by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and
added
by striking “commercial item” each place it appears and inserting “commercial product or commercial services”;
added
in paragraph (3)—
added
by striking “Commercial items” in the paragraph heading and inserting “Commercial products”; and
added
by striking “item” each place it appears and inserting “product”; and
added
in paragraph (4)—
added
by striking “Commercial item” in the paragraph heading and inserting “Commercial product or commercial service”;
added
by striking “commercial item” in subparagraph (A) after “applying the”;
added
by striking “prior commercial item determination” in subparagraph (A) and inserting “prior commercial product or commercial service determination”;
added
by striking “of such item” in subparagraph (A) and inserting “of such product or service”;
added
by striking “of an item previously determined to be a commercial item” in subparagraph (B) and inserting “of a product or service previously determined to be a commercial product or a commercial service”;
added
by striking “of a commercial item,” in subparagraph (B) and inserting “of a commercial product or a commercial service, as the case may be,”;
added
by striking “the commercial item determination” in subparagraph (B) and inserting “the commercial product or commercial service determination”; and
added
by striking “commercial item” in subparagraph (C); and
added
in paragraph (5), by striking “commercial items” and inserting “commercial products or commercial services”;
added
in subsection (d)(2), by striking “commercial items” each place it appears and inserting “commercial products or commercial services”; and
added
in subsection (h)—
added
in paragraph (2), by striking “commercial items” and inserting “commercial products or commercial services”; and
added
by striking paragraph (3).
added
Section 2307(f) is amended—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and
added
by striking “commercial items” in paragraphs (1) and (2) and inserting “commercial products and commercial services”.
added
Section 2320(b) is amended—
added
in paragraph (1), by striking “a commercial item, the item” and inserting “a commercial product, the product”; and
added
in paragraph (9)(A), by striking “any noncommercial item or process” and inserting “any noncommercial product or process”.
added
Section 2321(f) is amended—
added
in paragraph (1)—
added
by striking “commercial items” and inserting “commercial products”; and
added
by striking “the item” both places it appears and inserting “commercial products”; and
added
in paragraph (2)(A), in clauses (i) and (ii), by striking “commercial item” and inserting “commercial product”.
added
Section 2324(l)(1)(A) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
Section 2335(b) is amended by striking “commercial items” and inserting “commercial products and commercial services”.
added
Amendments to chapter 140 of title 10, united states code— Chapter 140 of title 10, United States Code, is amended as follows:
added
Section 2375 is amended—
added
in subsection (a), by striking “commercial item” in paragraphs (1) and (2) and inserting “commercial product or commercial service”;
added
in subsections (b) and (c)—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and
added
by striking “commercial items” each place it appears and inserting “commercial products and commercial services”; and
added
in subsection (e)(3), by striking “commercial items” and inserting “commercial products and commercial services”.
added
Section 2376(1) is amended—
added
by striking “terms “commercial item”,” and inserting “terms “commercial product”, “commercial service”,”; and
added
by striking “chapter 1 of title 41” and inserting “sections 103, 103a, 110, 105, and 102, respectively, of title 41”.
added
Section 2377 is amended—
added
in subsection (a)—
added
in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and
added
in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;
added
in subsection (b)—
added
in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, or nondevelopmental items other than commercial products”;
added
in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and
added
in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;
added
in subsection (c)—
added
in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and
added
in paragraph (4), by striking “items other than commercial items” and inserting “products other than commercial products or services other than commercial services”;
added
in subsection (d)—
added
in the first sentence, by striking “commercial items” and inserting “commercial products or commercial services”;
added
in paragraph (1), by striking “items” and inserting “products or services”; and
added
in paragraph (2), by striking “items” and inserting “products or services”; and
added
in subsection (e)(1), by striking “commercial items” and inserting “commercial products and commercial services”.
added
Section 2379 is amended—
added
by striking “Commercial Items” in the headings of subsections (b) and (c) and inserting “Commercial Products”;
added
in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by striking “, as defined in section 103 of title 41”; and
added
by striking “commercial item” and “commercial items” each place they appear and inserting “commercial product” and “commercial products”, respectively.
added
Section 2380 is amended—
added
in subsection (a), by striking “commercial item determinations” in paragraphs (1) and (2) and inserting “commercial product and commercial service determinations”; and
added
in subsection (b) (as added by section 848 of the National Defense Authorization Act for Fiscal Year 2018)—
added
by striking “Item” in the subsection heading;
added
by striking “an item” each place it appears and inserting “a product or service”;
added
by striking “item” after “using commercial” each place it appears;
added
by striking “prior commercial item determination” and inserting “prior commercial product or service determination”;
added
by striking “such item” and inserting “such product or service”; and
added
by striking “the item” both places it appears and inserting “the product or service”.
added
Section 2380a is amended—
added
in subsection (a)—
added
by striking “items and” and inserting “products and”; and
added
by striking “commercial items” and inserting “commercial products and commercial services, respectively,”; and
added
in subsection (b), by striking “commercial items” and inserting “commercial services”.
added
Section 2380B is amended by striking “commercial item” and inserting “commercial product”.
added
Amendments to headings, etc—
added
The heading of such chapter is amended to read as follows:
added “140 Procurement of Commercial Products and Commercial Services”
added
The heading of section 2375 is amended to read as follows:
added “2375. Relationship of other provisions of law to procurement of commercial products and commercial services”
added
The heading of section 2377 is amended to read as follows:
added “2377. Preference for commercial products and commercial services”
added
The heading of section 2379 is amended to read as follows:
added “2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress”
added
The heading of section 2380 is amended to read as follows:
added “2380. Commercial product and commercial service determinations by Department of Defense”
added
The heading of section 2380a is amended to read as follows:
added “2380a. Treatment of certain products and services as commercial products and commercial services”
added
Section 2380B is redesignated as section 2380b and the heading of that section is amended to read as follows:
added “2380b. Treatment of commingled items purchased by contractors as commercial products”
added
The table of sections at the beginning of such chapter is amended to read as follows:
added
Other amendments to title 10, united states code— Title 10, United States Code, is further amended as follows:
added
Section 2226(b) is amended by striking “for services” and all that follows through “deliverable items” and inserting “for services or deliverable items”.
added
Section 2384(b)(2) is amended by striking “commercial items” and inserting “commercial products”.
added
Section 2393(d) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.
added
Section 2402(d) is amended—
added
in paragraph (1), by striking “commercial items” both places it appears and inserting “commercial products or commercial services”; and
added
in paragraph (2), by striking “the term” and all that follows and inserting “the terms commercial product and commercial service have the meanings given those terms in sections 103 and 103a, respectively, of title 41.”.
added
Section 2408(a)(4)(B) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.
added
Section 2410b(c) is amended by striking “commercial items” and inserting “commercial products”.
added
Section 2410g(d)(1) is amended by striking “Commercial items (as defined in section 103 of title 41)” and inserting “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.
added
Section 2447a is amended—
added
in subsection (a)(2), by striking “commercial items and technologies” and inserting “commercial products and technologies”; and
added
in subsection (c), by inserting before the period at the end the following: “and the term commercial product has the meaning given that term in section 103 of title 41”.
added
Section 2451(d) is amended by striking “commercial items” and inserting “commercial products (as defined in section 103 of title 41)”.
added
Section 2464 is amended—
added
in subsection (a)—
added
in paragraph (3), by striking “commercial items” and inserting “commercial products or commercial services”; and
added
in paragraph (5), by striking “The commercial items covered by paragraph (3) are commercial items” and inserting “The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)”; and
added
in subsection (c)—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and
added
by striking “commercial item” and inserting “commercial product or commercial service”.
added
Section 2484(f) is amended—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial products”; and
added
by striking “commercial item” and inserting “commercial product”.
added
The items relating to chapter 140 in the tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, are amended to read as follows:
added
Amendments to provisions of national defense authorization acts—
added
Section 806(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended by striking “commercial items (as defined in section 103 of title 41, United States Code)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41, United States Code)”.
added
Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 2302 note) is amended—
added
by striking paragraph (2); and
added
by redesignating paragraph (3) as paragraph (2).
added
Section 821(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) is amended—
added
in paragraph (1), by striking “a commercial item” and inserting “a commercial product or a commercial service”;
added
in paragraph (2), by striking “commercial item” and inserting “commercial product ”; and
added
by adding at the end the following new paragraph:
added “(3) The term commercial service has the meaning provided by section 103a of title 41, United States Code.”
added
Section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended—
added
in paragraph (1), by striking “commercial item exceptions” and inserting “commercial product-commercial service exceptions”; and
added
in paragraph (2), by striking “commercial item exception” and inserting “commercial product-commercial service exception”;
added
Section 852(b)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2324 note) is amended by striking “a commercial item, as defined in section 103 of title 41” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41”.
added
Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note) is amended—
added
in subsection (b), by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”; and
added
in subsection (c)—
added
by striking “item” in the headings for paragraphs (1) and (2) and inserting “services”;
added
in the matter in paragraph (1) preceding subparagraph (A), by striking “commercial item” and inserting “commercial service”;
added
in paragraph (1)(A), by striking “a commercial item, as described in section 103(5) of title 41” and inserting “a service, as described in section 103a(1) of title 41”;
added
in paragraph (1)(C)(i), by striking “section 103(6) of title 41” and inserting “section 103a(2) of title 41”; and
added
in paragraph (2), by striking “item” and inserting “service”.
added
Section 849(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2377 note) is amended—
added
by striking “commercial items” in paragraph (1) and inserting “commercial products”;
added
by striking “commercial item” in paragraph (3)(B)(i) and inserting “commercial product”; and
added
by adding at the end the following new paragraph:
added “(5) Definition—In this subsection, the term commercial product has the meaning given that term in section 103 of title 41.”
added
Section 856(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) is amended by striking “commercial items or services” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41,”.
added
Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—
added
in the section heading, by striking “Commercial items” and inserting “Commercial products”;
added
in subsection (a), by striking “commercial items” and inserting “commercial products”;
added
in subsection (c)(3)—
added
by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and
added
by striking “commercial items” and inserting “commercial products or commercial services”; and
added
in subsection (e)(2), by striking “item” in subparagraphs (A) and (B) and inserting “products”.
added
Section 880 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 41 U.S.C. 3301 note) is amended by striking “commercial items” in subsection (a)(1) and inserting “commercial products”.
added
Conforming amendments to other statutes—
added
Section 604(g) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) is amended—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products”;
added
by striking “procurement of commercial” in the first sentence and all that follows through “items listed” and inserting “procurement of commercial products notwithstanding section 1906 of title 41, United States Code, with the exception of commercial products listed”; and
added
in the second sentence—
added
by inserting “product” after “commercial”; and
added
by striking “in the” and all that follows and inserting “in section 103 of title 41, United States Code.”.
added
Section 142 of the Higher Education Act of 1965 (20 U.S.C. 1018a) is amended—
added
in subsection (e)—
added
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;
added
by striking “that commercial items” and inserting “that commercial products or commercial services”;
added
by striking “special rules for commercial items” and inserting “special rules for commercial products and commercial services”;
added
by striking “without regard to—” and all that follows through “dollar limitation” and inserting “without regard to any dollar limitation”;
added
by striking “; and” and inserting a period; and
added
by striking paragraph (2);
added
in subsection (f)—
added
by striking “Items” in the subsection heading and inserting “Products and Services”;
added
by striking “Items” in the heading of paragraph (2) and inserting “Products and services”; and
added
by striking “a commercial item” in paragraph (2) and inserting “a commercial product or a commercial service”;
added
in subsection (h)—
added
by striking “Items” in the subsection heading and inserting “Services”; and
added
by striking “commercial items” in paragraph (1) and inserting “commercial services”; and
added
in subsection (l)—
added
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively;
added
by striking paragraph (1) and inserting the following new paragraphs:
added “(1) Commercial product—The term commercial product has the meaning given the term in section 103 of title 41, United States Code.
added “(2) Commercial service—The term commercial service has the meaning given the term in section 103a of title 41, United States Code.”
added
in paragraph (3), as so redesignated, by striking “in section” and all that follows and inserting “in section 152 of title 41, United States Code.”;
added
in paragraph (5), as so redesignated—
added
by striking “Commercial items” in the paragraph heading and inserting “Commercial products and commercial services”;
added
by striking “commercial items” and inserting “commercial products and commercial services”; and
added
by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901 and 3305(a) of title 41, United States Code.”; and
added
in paragraph (6), as so redesignated, by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41, United States Code.”.
added
Section 3901(a)(4)(A)(ii)(II) of title 31, United States Code, is amended by striking “commercial item” and inserting “commercial product”.
added
Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by striking “commercial items” and inserting “commercial products”.
added
Section 508(f) of the Federal Water Pollution Control Act (33 U.S.C. 1368(f)) is amended—
added
in paragraph (1), by striking “commercial items” and inserting “commercial products or commercial services”; and
added
in paragraph (2), by striking “the term” and all that follows and inserting “the terms commercial product and commercial service have the meanings given those terms in sections 103 and 103a, respectively, of title 41, United States Code.”.
added
Section 3707 of title 40, United States Code, is amended by striking “a commercial item (as defined in section 103 of title 41)” and inserting “a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41)”.
added
Subtitle III of title 40, United States Code, is amended—
added
in section 11101(1), by striking “Commercial item.—The term commercial item has” and inserting “Commercial product.—The term commercial product has”; and
added
in section 11314(a)(3), by striking “items” each place it appears and inserting “products”.
added
Section 8301(g) of the Federal Acquisition Streamlining Act of 1994 (42 U.S.C. 7606 note) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
added
Section 40118(f) of title 49, United States Code, is amended—
added
in paragraph (1), by striking “commercial items” and inserting “commercial products”; and
added
in paragraph (2), by striking “commercial item” and inserting “commercial product”.
added
Chapter 501 of title 51, United States Code, is amended—
added
in section 50113(c)—
added
by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and
added
by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and
added
in section 50115(b)—
added
by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and
added
by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and
added
in section 50132(a)—
added
by striking “Commercial Item” in the subsection heading and inserting “Commercial Service”; and
added
by striking “commercial item” in the second sentence and inserting “commercial service”.
added
Savings provision— Any provision of law that on the day before the effective date of this section is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of title 41, United States Code, shall be deemed as of that effective date to be on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1906 of such title.
Sec. 832 Definition of subcontract
added
Standard definition in title 41, United States Code—
added
In general— Chapter 1 of title 41, United States Code, is amended—
added
by redesignating sections 115 and 116 as sections 116 and 117, respectively; and
added
by inserting after section 114 the following new section 115:
added “115. Subcontract
added “(a) In general—In this subtitle, the term “subcontract” means a contract entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. The term includes a transfer of a commercial product or commercial service between divisions, subsidiaries, or affiliates of a contractor or subcontractor.
added “(b) Matters not included—In this subtitle, the term “subcontract” does not include—
added “(1) a contract the costs of which are applied to general and administrative expenses or indirect costs; or
added “(2) an agreement entered into by a contractor or subcontractor for the supply of a commodity, a commercial product, or a commercial service that is intended for use in the performance of multiple contracts.”
added
Clerical amendment— The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking the items relating to sections 115 and 116 and inserting the following new items:
added
Conforming amendments to title 41, United States Code— Title 41, United States Code, is further amended as follows:
removed
Implementation required— Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the independent assessment produced under section 844 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2290).
removed
Exceptions—
removed
Delayed implementation— The Secretary of Defense may commence implementation of a recommendation described under subsection (a) later than the date required under such subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation.
changed
Nonimplementation— The Secretary of Defense may opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense committees—Section 1502(b)(1) is amended—
added
by striking subparagraph (A);
changed
the reasons for the decision not to implement the recommendation; by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and
changed
a summary of the alternative actions the Secretary plans to take to address the purposes underlying the recommendation.in subparagraph (B), as so redesignated, by striking “Subparagraph (B)” and inserting “Subparagraph (A)”.
added
Section 1906 is amended—
added
in subsection (c)—
added
by striking paragraph (1);
added
by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;
added
in paragraph (1), as so redesignated, by striking “paragraph (3)” and inserting “paragraph (2)”; and
added
in paragraph (2), as so redesignated, by striking “paragraph (2)” and inserting “paragraph (1)”; and
added
in subsection (e), by striking “(c)(3)” both places it appears and inserting “(c)(2)”.
added
Section 3307(e)(2) is amended—
added
by striking subparagraph (A);
added
by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively;
added
in subparagraph (C), as so redesignated—
added
by striking “subparagraph (B)” and inserting “subparagraph (A)”; and
added
by striking “subparagraph (C)” and inserting “subparagraph (B)”; and
added
in subparagraph (D), as so redesignated, by striking “subparagraph (B)” and inserting “subparagraph (A)”.
added
Section 3501(a) is amended by striking paragraph (3).
added
Incorporation of title 41 definition in chapters 137 and 140 of title 10, United States Code—
added
Definitions for purposes of chapter 137— Section 2302(3) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
added “(N) The term “subcontract”.”
added
Definitions for purposes of chapter 140—
added
Section 2375(c) of title 10, United States Code, is amended—
added
by striking paragraph (3); and
added
by redesignating paragraph (4) as paragraph (3).
added
Section 2376(1) of such title is amended by striking “and “commercial component” have” and inserting ““commercial component”, and “subcontract” have”.
removed
Implementation plans— For each recommendation that the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense committees—
removed
a summary of actions that have been taken to implement the recommendation; and
removed
a schedule, with specific milestones, for completing the implementation of the recommendation.
Sec. 833 Limitation on applicability to Department of Defense commercial contracts of certain provisions of law and certain executive orders and regulations
added
Inapplicability of certain provisions of law—
added
Section 2375— Section 2375 of title 10, United States Code, is amended—
added
in subsection (b)(2), by striking “January 1, 2015” and inserting “October 13, 1994”; and
added
in subsections (b)(2), (c)(2), and (d)(2), by striking “unless the” and all that follows and inserting a period.
added
Section 2533a— Section 2533a(i) of such title is amended—
added
in the subsection heading, by striking “items” and inserting “products”; and
added
by striking “commercial items” and inserting “commercial products”.
added
Section 2533b— Section 2533b(h) of such title is amended—
added
the subsection heading, by striking “items” and inserting “products”; and
added
by striking “commercial items” each place it appears and inserting “commercial products”.
removed
In general— Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“2229b. Comptroller General assessment of acquisition programs and initiatives
removed
“(a) Assessment required—The Comptroller General of the United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year from 2020 through 2023.
removed
“(b) Analyses To be included—The assessment required under subsection (a) shall include—
removed
“(1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that performance;
removed
“(2) a summary of organizational and legislative changes and emerging assessment methodologies since the last assessment, and a discussion of the implications for execution and oversight of programs and initiatives; and
removed
“(3) specific analyses of individual acquisition programs and initiatives.
removed
“(c) Acquisition programs and initiatives to be considered—The assessment required under subsection (a) shall consider the following programs and initiatives:
removed
“(1) Selected weapon systems, as determined appropriate by the Comptroller General.
removed
“(2) Selected information technology systems and initiatives, including defense business systems, networks, and software-intensive systems, as determined appropriate by the Comptroller General.
removed
“(3) Selected prototyping and rapid fielding activities and initiatives, as determined appropriate by the Comptroller General.”
changed
Clerical amendment—Inapplicability of certain executive orders and regulations— The table of sections at the beginning Chapter 140 of such chapter title 10, United States Code, is amended by inserting after the item relating to section 2229a 2375 the following new item:section:
added “2375a. Applicability of certain Executive orders and regulations
added “(a) Executive orders
added “(1) Commercial contracts—No Department of Defense commercial contract shall be subject to an Executive order issued after the date of the enactment of this section unless the Executive order specifically provides that it is applicable to contracts for the procurement of commercial products and commercial services by the Department of Defense.
added “(2) Subcontracts under commercial contracts—No subcontract under a Department of Defense commercial contract shall be subject to an Executive order issued after the date of the enactment of this section unless the Executive order specifically provides that it is applicable to subcontracts under Department of Defense contracts for the procurement of commercial products and commercial services.
added “(b) Regulations and policies
added “(1) Commercial contracts—No Department of Defense commercial contract shall be subject to any Department of Defense regulation or policy prescribed after the date of the enactment of this section unless the regulation or policy specifically provides that it is applicable to contracts for the procurement of commercial products and commercial services by the Department of Defense.
added “(2) Subcontracts under commercial contracts—No subcontract under a Department of Defense commercial contract shall be subject to any Department of Defense regulation or order prescribed after the date of the enactment of this section unless the regulation or policy specifically provides that it is applicable to subcontracts under Department of Defense contracts for the procurement of commercial products and commercial services.
added “(c) Department of defense commercial contracts—In this section, the term “Department of Defense commercial contract” means a contract for the procurement of a commercial product or commercial service entered into by the Secretary of Defense.”
changed
Repeal of superseded authority—Clerical amendment— Section 883(d) The table of sections at the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2222 note) beginning of such chapter is amended by striking paragraph (1), effective on January 1, 2020.inserting after the item relating to section 2375 the following new item:
Sec. 836 Revision of definition of commercial item for purposes of Federal acquisition statutes
removed
removed
Definitions in chapter 1 of title 41, United States Code—
removed
Separation of “commercial item” definition into definitions of “commercial product” and “commercial service”— Chapter 1 of title 41, United States Code, is amended by striking section 103 and inserting the following new sections:
removed
“103. Commercial product
removed
“In this subtitle, the term commercial product means any of the following:
removed
“(1) A product, other than real property, that—
removed
“(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
removed
“(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
removed
“(2) A product that—
removed
“(A) evolved from a product described in paragraph (1) through advances in technology or performance; and
removed
“(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.
removed
“(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
removed
“(A) modifications of a type customarily available in the commercial marketplace; or
removed
“(B) minor modifications made to meet Federal Government requirements.
removed
“(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.
removed
“(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
removed
“(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
removed
“(A) the product was developed exclusively at private expense; and
removed
“(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
removed
“103a. Commercial service
removed
“In this subtitle, the term commercial service means any of the following:
removed
“(1) Installation services, maintenance services, repair services, training services, and other services if—
removed
“(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
removed
“(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
removed
“(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—
removed
“(A) based on established catalog or market prices;
removed
“(B) for specific tasks performed or specific outcomes to be achieved; and
removed
“(C) under standard commercial terms and conditions.
removed
“(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.”
removed
Conforming amendments to title 41 definitions—
removed
Definition of commercial component— Section 102 of such title is amended by striking “commercial item” and inserting “commercial product”.
removed
Definition of commercially available off-the-shelf item— Section 104(1)(A) is amended by striking “commercial item” and inserting “commercial product”.
removed
Definition of nondevelopmental item— Section 110(1) of such title is amended by striking “commercial item” and inserting “commercial product”.
removed
Clerical amendment— The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking the item relating to section 103 and inserting the following new items:
removed
Conforming amendments to other provisions of title 41, United States Code— Title 41, United States Code, is further amended as follows:
removed
Section 1502(b) is amended—
removed
in paragraph (1)(A), by striking “commercial items” and inserting “commercial products or commercial services”;
removed
in paragraph (1)(C)(i), by striking “commercial item” and inserting “commercial product or commercial service”; and
removed
in paragraph (3)(A)(i), by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 1705(c) is amended by striking “commercial items” and inserting “commercial products and commercial services”.
removed
Section 1708 is amended by striking “commercial items” in subsections (c)(6) and (e)(3) and inserting “commercial products or commercial services”.
removed
Section 1901 is amended—
removed
in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
in subsection (e)—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and
removed
by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 1903(c) is amended—
removed
in the subsection heading, by striking “Commercial Item” and inserting “Commercial Product or Commercial Service”;
removed
in paragraph (1), by striking “as a commercial item” and inserting “as a commercial product or a commercial service”; and
removed
in paragraph (2), by striking “for an item or service treated as a commercial item” and inserting “for a product or service treated as a commercial product or a commercial service”.
removed
removed
Section 1906 is amended by striking “commercial items” each place it appears in subsections (b), (c), and (d) and inserting “commercial products or commercial services”.
removed
removed
The heading of such section is amended to read as follows:
removed
“1906. List of laws inapplicable to procurements of commercial products and commercial services”
removed
The table of sections at the beginning of chapter 19 is amended by striking the item relating to section 1906 and inserting the following new item:
removed
Section 3304 is amended by striking “commercial item” in subsections (a)(5) and (e)(4)(B) and inserting “commercial product”.
removed
Section 3305(a)(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 3306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
removed
Section 3307 is amended—
removed
in subsection (a)—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;
removed
in paragraph (1), by striking “commercial items” and inserting “commercial products and commercial services”; and
removed
in paragraph (2), by striking “a commercial item” and inserting “a commercial product or commercial service”;
removed
in subsection (b)—
removed
in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and
removed
in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;
removed
in subsection (c)—
removed
in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or nondevelopmental items other than commercial products”;
removed
in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and
removed
in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;
removed
in subsection (d)(2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and
removed
in subsection (e)—
removed
in paragraph (1), by inserting “103a, 104,” after “sections 102, 103,”;
removed
in paragraph (2)(A), by striking “commercial items” and inserting “commercial products or commercial services”;
removed
in the first sentence of paragraph (2)(B), by striking “commercial end items” and inserting “end items that are commercial products”;
removed
in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), by striking “commercial items or commercial components” and inserting “commercial products, commercial components, or commercial services”;
removed
in paragraph (2)(C), in the matter preceding clause (i), by striking “commercial items” and inserting “commercial products or commercial services”;
removed
in paragraph (4)(A), by striking “commercial items” and inserting “commercial products or commercial services”;
removed
in paragraph (4)(C)(i), by striking “commercial item, as described in section 103(5)” and inserting “commercial product, as described in section 103a(1)”; and
removed
in paragraph (5), by striking “items” each place it appears and inserting “products”.
removed
removed
The heading of such section is amended to read as follows:
removed
“3307. Preference for commercial products and commercial services”
removed
The table of sections at the beginning of chapter 33 is amended by striking the item relating to section 3307 and inserting the following new item:
removed
Section 3501 is amended—
removed
in subsection (a)—
removed
by striking paragraph (1);
removed
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
removed
in paragraph (2) (as so redesignated), by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
in subsection (b)—
removed
by striking “item” in the heading for paragraph (1); and
removed
by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”.
removed
Section 3503 is amended—
removed
in subsection (a)(2), by striking “a commercial item” and inserting “a commercial product or a commercial service”; and
removed
in subsection (b)—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and
removed
by striking “a commercial item” each place it appears and inserting “a commercial product or a commercial service”.
removed
Section 3505(b) is amended by striking “commercial items” each place it appears and inserting “commercial products or commercial services”.
removed
Section 3509(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 3704(c)(5) is amended by striking “commercial item” and inserting “commercial product”.
removed
Section 3901(b)(3) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 4301(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
removed
Section 4505 is amended by striking “commercial items” in subsections (a) and (c) and inserting “commercial products or commercial services”.
removed
removed
The heading of such section is amended to read as follows:
removed
“4505. Payments for commercial products and commercial services”
removed
The table of sections at the beginning of chapter 45 is amended by striking the item relating to section 4505 and inserting the following new item:
removed
Section 4704(d) is amended by striking “commercial items” both places it appears and inserting “commercial products or commercial services”.
removed
Sections 8102(a)(1), 8703(d)(2), and 8704(b) are amended by striking “commercial items (as defined in section 103 of this title)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)”.
removed
Amendments to chapter 137 of title 10, united states code— Chapter 137 of title 10, United States Code, is amended as follows:
removed
Section 2302(3) is amended—
removed
by redesignating subparagraphs (J), (K), and (L) as subparagraphs (K), (L), and (M); and
removed
by striking subparagraph (I) and inserting the following new subparagraphs (I) and (J):
removed
“(I) The term commercial product.
removed
“(J) The term commercial service.”
removed
Section 2304 is amended—
removed
in subsections (c)(5) and (f)(2)(B), by striking “brand-name commercial item” and inserting “brand-name commercial product”;
removed
in subsection (g)(1)(B), by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
in subsection (i)(3), by striking “commercial items” and inserting “commercial products”.
removed
Section 2305 is amended—
removed
in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
in subsection (b)(5)(B)(v), by striking “commercial item” and inserting “commercial product”.
removed
Section 2306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 2306a is amended—
removed
in subsection (b)—
removed
in paragraph (1)(B), by striking “a commercial item” and inserting “a commercial product or a commercial service”;
removed
in paragraph (2)—
removed
by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and
removed
by striking “commercial item” each place it appears and inserting “commercial product or commercial services”;
removed
in paragraph (3)—
removed
by striking “Commercial items” in the paragraph heading and inserting “Commercial products”; and
removed
by striking “item” each place it appears and inserting “product”; and
removed
in paragraph (4)—
removed
by striking “Commercial item” in the paragraph heading and inserting “Commercial product or commercial service”;
removed
by striking “commercial item” in subparagraph (A) after “applying the”;
removed
by striking “prior commercial item determination” in subparagraph (A) and inserting “prior commercial product or commercial service determination”;
removed
by striking “of such item” in subparagraph (A) and inserting “of such product or service”;
removed
by striking “of an item previously determined to be a commercial item” in subparagraph (B) and inserting “of a product or service previously determined to be a commercial product or a commercial service”;
removed
by striking “of a commercial item,” in subparagraph (B) and inserting “of a commercial product or a commercial service, as the case may be,”;
removed
by striking “the commercial item determination” in subparagraph (B) and inserting “the commercial product or commercial service determination”; and
removed
by striking “commercial item” in subparagraph (C); and
removed
in paragraph (5), by striking “commercial items” and inserting “commercial products or commercial services”;
removed
in subsection (d)(2), by striking “commercial items” each place it appears and inserting “commercial products or commercial services”; and
removed
in subsection (h)—
removed
in paragraph (2), by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
by striking paragraph (3).
removed
Section 2307(f) is amended—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and
removed
by striking “commercial items” in paragraphs (1) and (2) and inserting “commercial products and commercial services”.
removed
Section 2320(b) is amended—
removed
in paragraph (1), by striking “a commercial item, the item” and inserting “a commercial product, the product”; and
removed
in paragraph (9)(A), by striking “any noncommercial item or process” and inserting “any noncommercial product or process”.
removed
Section 2321(f) is amended—
removed
in paragraph (1)—
removed
by striking “commercial items” and inserting “commercial products”; and
removed
by striking “the item” both places it appears and inserting “commercial products”; and
removed
in paragraph (2)(A), in clauses (i) and (ii), by striking “commercial item” and inserting “commercial product”.
removed
Section 2324(l)(1)(A) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 2335(b) is amended by striking “commercial items” and inserting “commercial products and commercial services”.
removed
Amendments to chapter 140 of title 10, united states code— Chapter 140 of title 10, United States Code, is amended as follows:
removed
Section 2375 is amended—
removed
in subsection (a), by striking “commercial item” in paragraphs (1) and (2) and inserting “commercial product or commercial service”;
removed
in subsections (b) and (c)—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and
removed
by striking “commercial items” each place it appears and inserting “commercial products and commercial services”; and
removed
in subsection (e)(3), by striking “commercial items” and inserting “commercial products and commercial services”.
removed
Section 2376(1) is amended—
removed
by striking “terms “commercial item”,” and inserting “terms “commercial product”, “commercial service”,”; and
removed
by striking “chapter 1 of title 41” and inserting “sections 103, 103a, 110, 105, and 102, respectively, of title 41”.
removed
Section 2377 is amended—
removed
in subsection (a)—
removed
in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and
removed
in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;
removed
in subsection (b)—
removed
in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, or nondevelopmental items other than commercial products”;
removed
in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and
removed
in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;
removed
in subsection (c)—
removed
in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and
removed
in paragraph (4), by striking “items other than commercial items” and inserting “products other than commercial products or services other than commercial services”;
removed
in subsection (d)—
removed
in the first sentence, by striking “commercial items” and inserting “commercial products or commercial services”;
removed
in paragraph (1), by striking “items” and inserting “products or services”; and
removed
in paragraph (2), by striking “items” and inserting “products or services”; and
removed
in subsection (e)(1), by striking “commercial items” and inserting “commercial products and commercial services”.
removed
Section 2379 is amended—
removed
by striking “Commercial Items” in the headings of subsections (b) and (c) and inserting “Commercial Products”;
removed
in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by striking “, as defined in section 103 of title 41”; and
removed
by striking “commercial item” and “commercial items” each place they appear and inserting “commercial product” and “commercial products”, respectively.
removed
Section 2380 is amended—
removed
in subsection (a), by striking “commercial item determinations” in paragraphs (1) and (2) and inserting “commercial product and commercial service determinations”; and
removed
in subsection (b) (as added by section 848 of the National Defense Authorization Act for Fiscal Year 2018)—
removed
by striking “Item” in the subsection heading;
removed
by striking “an item” each place it appears and inserting “a product or service”;
removed
by striking “item” after “using commercial” each place it appears;
removed
by striking “prior commercial item determination” and inserting “prior commercial product or service determination”;
removed
by striking “such item” and inserting “such product or service”; and
removed
by striking “the item” both places it appears and inserting “the product or service”.
removed
Section 2380a is amended—
removed
in subsection (a)—
removed
by striking “items and” and inserting “products and”; and
removed
by striking “commercial items” and inserting “commercial products and commercial services, respectively,”; and
removed
in subsection (b), by striking “commercial items” and inserting “commercial services”.
removed
Section 2380B is amended by striking “commercial item” and inserting “commercial product”.
removed
Amendments to headings, etc—
removed
The heading of such chapter is amended to read as follows:
removed
“140 Procurement of Commercial Products and Commercial Services”
removed
The heading of section 2375 is amended to read as follows:
removed
“2375. Relationship of other provisions of law to procurement of commercial products and commercial services”
removed
The heading of section 2377 is amended to read as follows:
removed
“2377. Preference for commercial products and commercial services”
removed
The heading of section 2379 is amended to read as follows:
removed
“2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress”
removed
The heading of section 2380 is amended to read as follows:
removed
“2380. Commercial product and commercial service determinations by Department of Defense”
removed
The heading of section 2380a is amended to read as follows:
removed
“2380a. Treatment of certain products and services as commercial products and commercial services”
removed
Section 2380B is redesignated as section 2380b and the heading of that section is amended to read as follows:
removed
“2380b. Treatment of commingled items purchased by contractors as commercial products”
removed
The table of sections at the beginning of such chapter is amended to read as follows:
removed
Other amendments to title 10, united states code— Title 10, United States Code, is further amended as follows:
removed
Section 2226(b) is amended by striking “for services” and all that follows through “deliverable items” and inserting “for services or deliverable items”.
removed
Section 2384(b)(2) is amended by striking “commercial items” and inserting “commercial products”.
removed
Section 2393(d) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.
removed
Section 2402(d) is amended—
removed
in paragraph (1), by striking “commercial items” both places it appears and inserting “commercial products or commercial services”; and
removed
in paragraph (2), by striking “the term” and all that follows and inserting “the terms commercial product and commercial service have the meanings given those terms in sections 103 and 103a, respectively, of title 41.”.
removed
Section 2408(a)(4)(B) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.
removed
Section 2410b(c) is amended by striking “commercial items” and inserting “commercial products”.
removed
Section 2410g(d)(1) is amended by striking “Commercial items (as defined in section 103 of title 41)” and inserting “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.
removed
Section 2447a is amended—
removed
in subsection (a)(2), by striking “commercial items and technologies” and inserting “commercial products and technologies”; and
removed
in subsection (c), by inserting before the period at the end the following: “and the term commercial product has the meaning given that term in section 103 of title 41”.
removed
Section 2451(d) is amended by striking “commercial items” and inserting “commercial products (as defined in section 103 of title 41)”.
removed
Section 2464 is amended—
removed
in subsection (a)—
removed
in paragraph (3), by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
in paragraph (5), by striking “The commercial items covered by paragraph (3) are commercial items” and inserting “The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)”; and
removed
in subsection (c)—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and
removed
by striking “commercial item” and inserting “commercial product or commercial service”.
removed
Section 2484(f) is amended—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial products”; and
removed
by striking “commercial item” and inserting “commercial product”.
removed
The items relating to chapter 140 in the tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, are amended to read as follows:
removed
Amendments to provisions of national defense authorization acts—
removed
Section 806(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended by striking “commercial items (as defined in section 103 of title 41, United States Code)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41, United States Code)”.
removed
Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 2302 note) is amended—
removed
by striking paragraph (2); and
removed
by redesignating paragraph (3) as paragraph (2).
removed
Section 821(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) is amended—
removed
in paragraph (1), by striking “a commercial item” and inserting “a commercial product or a commercial service”;
removed
in paragraph (2), by striking “commercial item” and inserting “commercial product ”; and
removed
by adding at the end the following new paragraph:
removed
“(3) The term commercial service has the meaning provided by section 103a of title 41, United States Code.”
removed
Section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended—
removed
in paragraph (1), by striking “commercial item exceptions” and inserting “commercial product-commercial service exceptions”; and
removed
in paragraph (2), by striking “commercial item exception” and inserting “commercial product-commercial service exception”;
removed
Section 852(b)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2324 note) is amended by striking “a commercial item, as defined in section 103 of title 41” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41”.
removed
Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note) is amended—
removed
in subsection (b), by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”; and
removed
in subsection (c)—
removed
by striking “item” in the headings for paragraphs (1) and (2) and inserting “services”;
removed
in the matter in paragraph (1) preceding subparagraph (A), by striking “commercial item” and inserting “commercial service”;
removed
in paragraph (1)(A), by striking “a commercial item, as described in section 103(5) of title 41” and inserting “a service, as described in section 103a(1) of title 41”;
removed
in paragraph (1)(C)(i), by striking “section 103(6) of title 41” and inserting “section 103a(2) of title 41”; and
removed
in paragraph (2), by striking “item” and inserting “service”.
removed
Section 849(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2377 note) is amended—
removed
by striking “commercial items” in paragraph (1) and inserting “commercial products”;
removed
by striking “commercial item” in paragraph (3)(B)(i) and inserting “commercial product”; and
removed
by adding at the end the following new paragraph:
removed
“(5) Definition—In this subsection, the term commercial product has the meaning given that term in section 103 of title 41.”
removed
Section 856(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) is amended by striking “commercial items or services” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41,”.
removed
Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—
removed
in the section heading, by striking “Commercial items” and inserting “Commercial products”;
removed
in subsection (a), by striking “commercial items” and inserting “commercial products”;
removed
in subsection (c)(3)—
removed
by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and
removed
by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
in subsection (e)(2), by striking “item” in subparagraphs (A) and (B) and inserting “products”.
removed
Section 880 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 41 U.S.C. 3301 note) is amended by striking “commercial items” in subsection (a)(1) and inserting “commercial products”.
removed
Conforming amendments to other statutes—
removed
Section 604(g) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) is amended—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products”;
removed
by striking “procurement of commercial” in the first sentence and all that follows through “items listed” and inserting “procurement of commercial products notwithstanding section 1906 of title 41, United States Code, with the exception of commercial products listed”; and
removed
in the second sentence—
removed
by inserting “product” after “commercial”; and
removed
by striking “in the” and all that follows and inserting “in section 103 of title 41, United States Code.”.
removed
Section 142 of the Higher Education Act of 1965 (20 U.S.C. 1018a) is amended—
removed
in subsection (e)—
removed
by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;
removed
by striking “that commercial items” and inserting “that commercial products or commercial services”;
removed
by striking “special rules for commercial items” and inserting “special rules for commercial products and commercial services”;
removed
by striking “without regard to—” and all that follows through “dollar limitation” and inserting “without regard to any dollar limitation”;
removed
by striking “; and” and inserting a period; and
removed
by striking paragraph (2);
removed
in subsection (f)—
removed
by striking “Items” in the subsection heading and inserting “Products and Services”;
removed
by striking “Items” in the heading of paragraph (2) and inserting “Products and services”; and
removed
by striking “a commercial item” in paragraph (2) and inserting “a commercial product or a commercial service”;
removed
in subsection (h)—
removed
by striking “Items” in the subsection heading and inserting “Services”; and
removed
by striking “commercial items” in paragraph (1) and inserting “commercial services”; and
removed
in subsection (l)—
removed
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively;
removed
by striking paragraph (1) and inserting the following new paragraphs:
removed
“(1) Commercial product—The term commercial product has the meaning given the term in section 103 of title 41, United States Code.
removed
“(2) Commercial service—The term commercial service has the meaning given the term in section 103a of title 41, United States Code.”
removed
in paragraph (3), as so redesignated, by striking “in section” and all that follows and inserting “in section 152 of title 41, United States Code.”;
removed
in paragraph (5), as so redesignated—
removed
by striking “Commercial items” in the paragraph heading and inserting “Commercial products and commercial services”;
removed
by striking “commercial items” and inserting “commercial products and commercial services”; and
removed
by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901 and 3305(a) of title 41, United States Code.”; and
removed
in paragraph (6), as so redesignated, by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41, United States Code.”.
removed
Section 3901(a)(4)(A)(ii)(II) of title 31, United States Code, is amended by striking “commercial item” and inserting “commercial product”.
removed
Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by striking “commercial items” and inserting “commercial products”.
removed
Section 508(f) of the Federal Water Pollution Control Act (33 U.S.C. 1368(f)) is amended—
removed
in paragraph (1), by striking “commercial items” and inserting “commercial products or commercial services”; and
removed
in paragraph (2), by striking “the term” and all that follows and inserting “the terms commercial product and commercial service have the meanings given those terms in sections 103 and 103a, respectively, of title 41, United States Code.”.
removed
Section 3707 of title 40, United States Code, is amended by striking “a commercial item (as defined in section 103 of title 41)” and inserting “a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41)”.
removed
Subtitle III of title 40, United States Code, is amended—
removed
in section 11101(1), by striking “Commercial item.—The term commercial item has” and inserting “Commercial product.—The term commercial product has”; and
removed
in section 11314(a)(3), by striking “items” each place it appears and inserting “products”.
removed
Section 8301(g) of the Federal Acquisition Streamlining Act of 1994 (42 U.S.C. 7606 note) is amended by striking “commercial items” and inserting “commercial products or commercial services”.
removed
Section 40118(f) of title 49, United States Code, is amended—
removed
in paragraph (1), by striking “commercial items” and inserting “commercial products”; and
removed
in paragraph (2), by striking “commercial item” and inserting “commercial product”.
removed
Chapter 501 of title 51, United States Code, is amended—
removed
in section 50113(c)—
removed
by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and
removed
by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and
removed
in section 50115(b)—
removed
by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and
removed
by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and
removed
in section 50132(a)—
removed
by striking “Commercial Item” in the subsection heading and inserting “Commercial Service”; and
removed
by striking “commercial item” in the second sentence and inserting “commercial service”.
removed
Effective date and savings provision— The amendments made by subsections (a) through (g) shall take effect on January 1, 2020. Any provision of law that on the day before such effective date is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of title 41, United States Code, shall be deemed as of that effective date to be on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1906 of such title.
removed
Implementation plan required— Not later than April 1, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with members of the Defense Business Board, the Defense Science Board, and the Defense Innovation Board as appropriate, shall submit to the Committees on Armed Services of the Senate and the House of Representatives an implementation plan that contains the following elements:
removed
An implementation timeline and schedule, to include substantive, technical, and conforming changes to the law that the Under Secretary deems appropriate and necessary, to include revising definitions or categories of items, products, and services.
removed
A review of recommendations by the independent panel created under section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889) pertaining to commercial items.
removed
A review of commercial item provisions from the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), and other relevant legislation.
removed
An analysis of the extent to which the Department of Defense should treat commercial service contracts and commercial products in a similar manner.
removed
Such other matters with respect to commercial item procurement as the Under Secretary considers appropriate.
Sec. 837 Limitation on applicability to Department of Defense commercial contracts of certain provisions of law
removed
removed
Section 2375— Section 2375(b)(2) of title 10, United States Code, is amended by striking “January 1, 2015” and inserting “October 13, 1994”.
removed
Section 2533a— Section 2533a(i) of such title is amended—
removed
in the subsection heading, by striking “items” and inserting “products”; and
removed
by striking “commercial items” and inserting “commercial products”.
removed
Section 2533b— Section 2533b(h) of such title is amended—
removed
in the subsection heading, by striking “items” and inserting “products”; and
removed
by striking “commercial items” each place it appears and inserting “commercial products”.
Sec. 838 Modifications to procurement through commercial e-commerce portals
removed
removed
In General— Section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended—
removed
in subsection (f), by adding at the end the following new paragraph:
removed
“(5) A procurement of a product made through a commercial e-commerce portal under the program established pursuant to subsection (a) is deemed to satisfy requirements for full and open competition pursuant to section 2304 of title 10, United States Code, and section 3301 of title 41, United States Code, if—
removed
“(A) there are offers from two or more suppliers of such a product or similar product with substantially the same physical, functional, or performance characteristics on the online marketplace; and
removed
“(B) the Administrator establishes procedures to implement subparagraph (A) and notifies Congress at least 30 days before implementing such procedures.”
removed
in subsection (h), by striking paragraph (3) and inserting the following:
removed
“(3) agree not to use, for pricing, marketing, competitive, or other purposes, any information, including any Government-owned data, such as purchasing trends or spending habits, related to a product from a third-party supplier featured on the commercial e-commerce portal or the transaction of such product, except as necessary to comply with the requirements of the program established in subsection (a).”
removed
Sense of Congress— It is the sense of Congress that—
removed
the implementation of any e-commerce portal under such section 846 to procure commercial products will be done in a manner that will enhance competition, expedite procurement, and ensure reasonable pricing of commercial products;
removed
the implementation of the e-commerce portal will be completed with multiple contracts with multiple commercial e-commerce portal providers; and
removed
the Administrator of the General Services Administration should require any e-commerce portal provider to take the necessary precautions to safeguard data of all other e-commerce portal providers and any third-party suppliers.
Sec. 839 Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items
removed
removed
Review of determinations not to exempt contracts for commercial products, commercial services, and commercially available off-the-shelf items from certain laws and regulations— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—
removed
review each determination of the Federal Acquisition Regulatory Council pursuant to section 1906(b)(2), section 1906(c)(3), or section 1907(a)(2) of title 41, United States Code, not to exempt contracts or subcontracts from laws which such contracts and subcontracts would otherwise be exempt from under section 1906(d) of title 41, United States Code; and
removed
propose revisions to the Federal Acquisition Regulation to provide an exemption from each law subject to such determination unless the Council determines that there is a specific reason not to provide the exemptions pursuant to section 1906 of such title or the Administrator for Federal Procurement Policy determines there is a specific reason not to provide the exemption pursuant to section 1907 of such title.
removed
Review of certain contract clause requirements applicable to commercial products and commercial services contracts— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—
removed
review the Federal Acquisition Regulation to assess all regulations that require a specific contract clause for a contract using commercial product or commercial services acquisition procedures under part 12 of the Federal Acquisition Regulation, except for regulations required by law or Executive order; and
removed
propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.
removed
Elimination of certain contract clause regulations applicable to commercially available off-the-shelf item subcontracts— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—
removed
review the Federal Acquisition Regulation to assess all regulations that require a prime contractor to include a specific contract clause in a subcontract for commercially available off-the-shelf items unless the inclusion of such clause is required by law or Executive order; and
removed
propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.
removed
Report to Congress—
removed
Requirement— Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall submit to the committees listed in paragraph (2) a report on the results of the reviews under this section.
removed
Committees listed— The committees listed in this paragraph are the following:
removed
The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.
removed
The Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.
Sec. 834 Modifications to procurement through commercial e-commerce portals
added
added
In General— Section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended—
added
in subsection (f), by adding at the end the following new paragraph:
added “(5) A procurement of a product made through a commercial e-commerce portal under the program established pursuant to subsection (a) is deemed to satisfy requirements for full and open competition pursuant to section 2304 of title 10, United States Code, and section 3301 of title 41, United States Code, if—
added “(A) there are offers from two or more suppliers of such a product or similar product with substantially the same physical, functional, or performance characteristics on the online marketplace; and
added “(B) the Administrator establishes procedures to implement subparagraph (A) and notifies Congress at least 30 days before implementing such procedures.”
added
in subsection (h), by striking paragraph (3) and inserting the following:
added “(3) agree not to use, for pricing, marketing, competitive, or other purposes, any information, including any Government-owned data, such as purchasing trends or spending habits, related to a product from a third-party supplier featured on the commercial e-commerce portal or the transaction of such product, except as necessary to comply with the requirements of the program established in subsection (a).”
added
by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and
added
by inserting after subsection (i) the following new subsection:
added “(j) Micro-purchase threshold—Notwithstanding section 2338 of title 10, United States Code, and section 1902 of title 41, United States Code, the micro-purchase threshold for a procurement of a product through a commercial e-commerce portal used under the program established under subsection (a) is $25,000.”
added
Sense of Congress— It is the sense of Congress that—
added
the implementation of any e-commerce portal under such section 846 to procure commercial products will be done in a manner that will enhance competition, expedite procurement, and ensure reasonable pricing of commercial products;
added
the implementation of the e-commerce portal will be completed with multiple contracts with multiple commercial e-commerce portal providers; and
added
the Administrator of the General Services Administration should require any e-commerce portal provider to take the necessary precautions to safeguard data of all other e-commerce portal providers and any third-party suppliers.
Sec. 835 Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items
added
added
Review of determinations not to exempt contracts for commercial products, commercial services, and commercially available off-the-shelf items from certain laws and regulations— Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—
added
review each determination of the Federal Acquisition Regulatory Council pursuant to section 1906(b)(2), section 1906(c)(3), or section 1907(a)(2) of title 41, United States Code, not to exempt contracts or subcontracts from laws which such contracts and subcontracts would otherwise be exempt from under section 1906(d) of title 41, United States Code; and
added
propose revisions to the Federal Acquisition Regulation to provide an exemption from each law subject to such determination unless the Council determines that there is a specific reason not to provide the exemptions pursuant to section 1906 of such title or the Administrator for Federal Procurement Policy determines there is a specific reason not to provide the exemption pursuant to section 1907 of such title.
added
Review of certain contract clause requirements applicable to commercial products and commercial services contracts— Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—
added
review the Federal Acquisition Regulation to assess all regulations that require a specific contract clause for a contract using commercial product or commercial services acquisition procedures under part 12 of the Federal Acquisition Regulation, except for regulations required by law or Executive order; and
added
propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.
added
Elimination of certain contract clause regulations applicable to commercially available off-the-shelf item subcontracts— Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—
added
review the Federal Acquisition Regulation to assess all regulations that require a prime contractor to include a specific contract clause in a subcontract for commercially available off-the-shelf items unless the inclusion of such clause is required by law or Executive order; and
added
propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.
Sec. 841 Requirement that certain ship components be manufactured in the national technology and industrial base
changed
Report required—Additional procurement limitation— Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that provides, for the components described in subsection (b), a market survey, a cost assessment, national security considerations, and a recommendation regarding whether competition for the procurement of the components should be limited to sources in the national technology and industrial base (as defined in section 2500 Section 2534(a) of title 10, United States Code).Code, is amended by adding at the end the following new paragraph:
added “(6) Components for auxiliary ships—Subject to subsection (k), the following components:
added “(A) Auxiliary equipment, including pumps, for all shipboard services.
added “(B) Propulsion system components, including engines, reduction gears, and propellers.
added “(C) Shipboard cranes.
added “(D) Spreaders for shipboard cranes.”
changed
Components—Implementation— The components described in this subsection are Such section is further amended by adding at the following:end the following new subsection:
added “(k) Implementation of auxiliary ship component limitation—Subsection (a)(6) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy. For purposes of this subsection, the term “auxiliary ship” does not include an icebreaker.”
removed
Naval vessel components listed in section 2534(a)(3) of title 10, United States Code.
removed
The following components for auxiliary ships:
removed
Auxiliary equipment, including pumps.
removed
Propulsion system components, including engines, reduction gears, and propellers.
removed
Shipboard cranes.
removed
Spreaders for shipboard cranes.
Sec. 842 Report on domestic sourcing of specific components for all Naval vessels
added Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that provides a market survey and cost assessment associated with limiting competition to domestic sources for—
removed
In general— Effective October 1, 2020, a covered NTIB entity operating under a special security agreement pursuant to the National Industrial Security Program shall not be required to obtain a national interest determination as a condition for access to proscribed information.
changed
Acceleration authorized— Notwithstanding the effective date of this section, the Secretary of Defense, naval vessel components listed in consultation with the Director section 2534(a)(3) of the Information Security Oversight Office, may waive the requirement to obtain a national interest determination for a covered NTIB entity operating under such a special security agreement that has—title 10, United States Code;
removed
a demonstrated successful record of compliance with the National Industrial Security Program; and
removed
previously been approved for access to proscribed information.
changed
Definitions— In this section:expanding such list to include all ships authorized using funds available for Shipbuilding and Conversion, Navy and Other Procurement, Navy; and
added
expanding such list to include waterjet marine propulsion systems, azimuth thrusters, and bow thrusters for all ships authorized using funds available for Shipbuilding and Conversion, Navy and Other Procurement, Navy.
removed
Covered NTIB entity— The term “covered NTIB entity” means a person that is a subsidiary located in the United States—
removed
for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and
removed
that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program.
removed
Proscribed information— The term “proscribed information” means information that is—
removed
classified at the level of top secret;
removed
communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys);
removed
restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014));
removed
special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 note) or successor order; or
removed
designated as sensitive compartmented information.
Sec. 843 Removal of national interest determination requirements for certain entities
changed
Pilot program authorized—In general— The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall establish Effective October 1, 2020, a pilot program covered NTIB entity operating under a special security agreement pursuant to test the feasibility and reliability of using machine-vision technologies National Industrial Security Program shall not be required to determine the authenticity and security of microelectronic parts in weapon systems.obtain a national interest determination as a condition for access to proscribed information.
changed
Objectives of pilot program—Acceleration authorized— The Undersecretary Notwithstanding the effective date of Defense for Research and Engineering, this section, the Secretary of Defense, in coordination consultation with the Defense Microelectronics Activity, shall design any pilot program conducted under this section to determine Director of the following:Information Security Oversight Office, may waive the requirement to obtain a national interest determination for a covered NTIB entity operating under such a special security agreement that has—
changed
The effectiveness and technology readiness level of machine-vision technologies to determine the authenticity of microelectronic parts at the time a demonstrated successful record of compliance with the creation of such part through final insertion of such part into weapon systems.National Industrial Security Program; and
changed
The best method of incorporating machine-vision technologies into the process of developing, transporting, and inserting microelectronics into weapon systems.previously been approved for access to proscribed information.
removed
The rules, regulations, or processes that hinder the development and incorporation of machine-vision technologies, and the application of such rules, regulations, or processes to mitigate counterfeit microelectronics proliferation throughout the Department of Defense.
changed
Consultation—Definitions— To develop the pilot program under In this section, the Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, may consult with the following entities:section:
changed
Covered NTIB entity— Manufacturers of semiconductors or electronics.The term “covered NTIB entity” means a person that is a subsidiary located in the United States—
added
for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and
added
that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program.
changed
Proscribed information— Industry associations relating to semiconductors or electronics.The term “proscribed information” means information that is—
added
classified at the level of top secret;
added
communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys);
added
restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014));
added
special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 note) or successor order; or
added
designated as sensitive compartmented information.
removed
Original equipment manufacturers of products for the Department of Defense.
removed
Nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code) that are machine vision companies.
removed
Federal laboratories (as defined in section 2500(5) of title 10, United States Code).
removed
Other elements of the Department of Defense that fall under the authority of the Undersecretary of Defense for Research and Engineering.
removed
Commencement and duration— The pilot program established under this section shall be established not later than April 1, 2019, and all activities under such pilot program shall terminate not later than December 31, 2020.
Sec. 844 Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems
changed
In general—Pilot program authorized— Section 2534 The Undersecretary of title 10, United States Code, is amended by adding at Defense for Research and Engineering, in coordination with the end Defense Microelectronics Activity, shall establish a pilot program to test the following new subsections:feasibility and reliability of using machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.
removed
“(k) Limitation on certain procurements application process
removed
“(1) In general—The Secretary of Defense shall administer a process to analyze and assess potential items for consideration to be required to be procured from a manufacturer that is part of the national technology and industrial base.
removed
“(2) Elements—The application process required under paragraph (1) shall include the following elements:
removed
“(A) The Secretary shall designate an official within the Office of the Secretary of Defense responsible for administration of the limitation on certain procurements application process and associated policy.
removed
“(B) A person or organization that meets the definition of national technology and industrial base under section 2500(1) of this title shall have the opportunity to apply for status as an item required to be procured from a manufacturer that is part of the national technology and industrial base. The application shall include, at a minimum, the following information:
removed
“(i) Information demonstrating the applicant meets the criteria of a manufacturer in the national technology and industrial base under section 2500(1) of this title.
removed
“(ii) For each item the applicant seeks to be required to be procured from a manufacturer that is part of the national technology and industrial base, the applicant shall include the following information:
removed
“(I) The extent to which such item has commercial applications.
removed
“(II) The number of such items to be procured by current programs of record.
removed
“(III) The criticality of such item to a military unit’s mission accomplishment.
removed
“(IV) The estimated cost and other considerations of reconstituting the manufacturing capability of such item, if not maintained in the national technology and industrial base.
removed
“(V) National security regulations or restrictions imposed on such item that may not be imposed on a non-national technology and industrial base competitor.
removed
“(VI) Non-national security-related Federal, State, and local government regulations imposed on such item that may not be imposed on a non-national technology and industrial base competitor.
removed
“(VII) The extent to which such item is fielded in current programs of record.
removed
“(VIII) The extent to which cost and pricing data for such item has been deemed fair and reasonable.
removed
“(3) Consideration of applications
removed
“(A) Responsibility of designated official—The official designated pursuant to paragraph (2)(A) shall be responsible for providing complete applications submitted pursuant to this subsection to the appropriate component acquisition executive for consideration not later than 15 days after receipt of such application.
removed
“(B) Review—Not later than 120 days after receiving a complete application, the component acquisition executive shall review such application, make a determination, and return the application to the official designated pursuant to paragraph (2)(A).
removed
“(C) Elements of determination—The determination required under subparagraph (B) shall, for each item proposed pursuant to paragraph (2)(B)(ii)—
removed
“(i) recommend inclusion under this section;
removed
“(ii) recommend inclusion under this section with further modifications; or
removed
“(iii) not recommend inclusion under this section.
removed
“(D) Justification—The determination required under subparagraph (B) shall also include the rationale and justification for the determination.
removed
“(4) Recommendations for legislation—For applications recommended under subsection (3), the official designated pursuant to paragraph (2)(A) shall be responsible for preparing a legislative proposal for consideration by the Secretary.”
changed
Effective date—Objectives of pilot program— This section The Undersecretary of Defense for Research and Engineering, in coordination with the amendments made by Defense Microelectronics Activity, shall design any pilot program conducted under this section shall take effect one year after the date of to determine the enactment of this Act.following:
added
The effectiveness and technology readiness level of machine-vision technologies to determine the authenticity of microelectronic parts at the time of the creation of such part through final insertion of such part into weapon systems.
added
The best method of incorporating machine-vision technologies into the process of developing, transporting, and inserting microelectronics into weapon systems.
added
The rules, regulations, or processes that hinder the development and incorporation of machine-vision technologies, and the application of such rules, regulations, or processes to mitigate counterfeit microelectronics proliferation throughout the Department of Defense.
added
Consultation— To develop the pilot program under this section, the Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, may consult with the following entities:
added
Manufacturers of semiconductors or electronics.
added
Industry associations relating to semiconductors or electronics.
added
Original equipment manufacturers of products for the Department of Defense.
added
Nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code) that are machine vision companies.
added
Federal laboratories (as defined in section 2500(5) of title 10, United States Code).
added
Other elements of the Department of Defense that fall under the authority of the Undersecretary of Defense for Research and Engineering.
added
Commencement and duration— The pilot program established under this section shall be established not later than April 1, 2019, and all activities under such pilot program shall terminate not later than December 31, 2020.
Sec. 845 Security of Department of Defense telecommunication services
added In awarding contracts for telecommunication services or installation of telecommunication infrastructure on military installations located in the United States or its territories, the Secretary of Defense shall give preference to American-owned and -operated companies.
removed
In general— Not later than January 31, 2019, the Secretary of Defense, in consultation with the Executive Agent for Printed Circuit Board and Interconnect Technology and the Director of the Office of Management and Budget, shall submit to Congress a report examining the health of the defense electronics industrial base, including analog and passive electronic parts, substrates, printed boards, assemblies, connectors, cabling, and related areas, both domestically and within the national technology and industrial base.
removed
Elements— The report required under subsection (a) shall include the following elements:
removed
An examination of current and planned partnerships with the commercial industry.
removed
Analysis of the current and future defense electronics industrial base.
removed
Threat assessment related to system security.
removed
An assessment of the health of the engineering and production workforce.
removed
A description of the electronics supply chain requirements of defense systems integral to meeting the goals of the 2018 National Defense Strategy.
removed
Recommended actions to address areas deemed deficient or vulnerable, and a plan to formalize long-term resourcing for the Executive Agent.
removed
Any other areas matters determined relevant by the Secretary.
Sec. 846 Sense of Congress on unmanned ground vehicle technology
added It is the sense of Congress that design, manufacturing, and repair of the technology in unmanned ground vehicles is critical to national security. To that end, the national technology and industrial base periodic defense capability assessments required under section 2505 of title 10, United States Code, as well as the national security strategy for the national technology and industrial base required under section 2501 of such title, should include the unmanned ground vehicles industry.
removed
Program authorized—
removed
In general— The Secretary of Defense may, in coordination with the Secretary of Commerce and working in coordination with the defense manufacturing institutes, establish within the Department of Defense a program to make long-term investments in critical skills, facilities, research and development, and small business support in order to strengthen the national security innovation base by designating and supporting consortiums as defense manufacturing communities.
removed
Designation— The program authorized by this section shall be known as the “Defense Manufacturing Community Support Program” (in this section referred to as the “Program”).
removed
Designation of defense manufacturing communities complementary to defense manufacturing institutes—
removed
In general— The Secretary of Defense may designate eligible consortiums as defense manufacturing communities through a competitive process, and in coordination with the defense manufacturing institutes.
removed
Eligible consortiums— The Secretary may establish eligibility criteria for a consortium to participate in the Program. In developing such criteria, the Secretary may consider the merits of—
removed
including members from academia, defense industry, commercial industry, and State and local government organizations;
removed
supporting efforts in geographical regions that have capabilities in key technologies or industrial base supply chains that are determined critical to national security;
removed
optimal consortium composition and size to promote effectiveness, collaboration, and efficiency; and
removed
complementarity with defense manufacturing institutes.
removed
Duration— Each designation under paragraph (1) shall be for a period of five years.
removed
Renewal—
removed
In general— The Secretary may renew a designation made under paragraph (1) for up to two additional two-year periods. Any designation as a defense manufacturing community or renewal of such designation that is in effect before the date of the enactment of this Act shall count toward the limit set forth in this subparagraph.
removed
Evaluation for renewal— The Secretary shall establish criteria for the renewal of a consortium. In establishing such criteria, the Secretary may consider—
removed
the performance of the consortium in meeting the established goals of the Program;
removed
the progress the consortium has made with respect to project-specific metrics, particularly with respect to those metrics that were designed to help communities track their own progress;
removed
whether any changes to the composition of the eligible consortium or revisions of the plan for the consortium would improve the capabilities of the defense industrial base;
removed
the effectiveness of coordination with defense manufacturing institutes; and
removed
such other criteria as the Secretary considers appropriate.
removed
Application for designation— An eligible consortium seeking a designation under paragraph (1) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. In developing such procedures, the Secretary may consider the inclusion of—
removed
a description of the regional boundaries of the consortium, and the defense manufacturing capacity of the region;
removed
an evidence-based plan for enhancing the defense industrial base through the efforts of the consortium;
removed
the investments the consortium proposes and the strategy of the consortium to address gaps in the defense industrial base;
removed
a description of the outcome-based metrics, benchmarks, and milestones that will track and the evaluation methods that will be used to gauge performance of the consortium;
removed
how the initiatives will complement defense manufacturing institutes; and
removed
such other matters as the Secretary considers appropriate.
removed
Financial and technical assistance—
removed
In general— Under the Program, the Secretary of Defense may award financial or technical assistance to a member of a consortium designated as a defense manufacturing community under the Program as appropriate for purposes of the Program.
removed
Use of funds— A recipient of financial or technical assistance under the Program may use such financial or technical assistance to support an investment that will improve the defense industrial base.
removed
Investments supported— Investments supported under this subsection may include activities not already provided for by defense manufacturing institutes on—
removed
equipment or facility upgrades;
removed
workforce training, retraining, or recruitment and retention, including that of women and underrepresented minorities;
removed
business incubators;
removed
advanced research and commercialization, including with Federal laboratories and depots;
removed
supply chain development; and
removed
small business assistance.
removed
Receipt of transferred funds— The Secretary of Defense may accept amounts transferred to the Secretary from the head of another agency or a State or local governmental organization to carry out this section.
Sec. 847 Limitation on procurement of certain items for T–AO–205 program
removed
removed
Effective during fiscal year 2019, the Secretary of Defense may procure the following items for the T–AO–205 program only if the manufacturer of the item is in the United States:
removed
Auxiliary equipment, including pumps, for all shipboard services.
removed
Propulsion system components, including engines, reduction gears, and propellers.
removed
Shipboard cranes.
removed
Spreaders for shipboard cranes.
Sec. 852 Prompt payments of small business contractors
Section 2307(a) of title 10, United States Code, is amended—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
by striking “The head of any agency may—” and inserting “(1) The head of any agency may”; and
by adding at the end the following new paragraph:
“(2)
changed
“(A) For a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), the Secretary head of Defense an agency shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if a specific payment date is not established by contract.
changed
“(B) For a prime contractor that subcontracts with a small business concern, the Secretary head of Defense an agency shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if—
“(i) a specific payment date is not established by contract; and
“(ii) the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.”
Sec. 853 Increased participation in the Small Business Administration microloan program
changed
Definitions— In this section:section—
changed
The the term intermediary has the meaning given that term in section 7(m)(11) of the Small Business Act (15 U.S.C. 636(m)(11)).636(m)(11)); and
changed
The the term microloan program means the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)).
Microloan intermediary lending limit increased— Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended by striking “$5,000,000” and inserting “$6,000,000”.
changed
SBA study of microenterprise participation—Microloan technical assistance— Not later than one year after the date of the enactment of this section, the Administrator Section 7(m)(4)(E) of the Small Business Administration shall conduct a study and submit to the Committee on Small Business and Entrepreneurship of the Senate Act (15 U.S.C. 636(m)(4)(E)) is amended by striking “25 percent” each place such term appears and the Committee on Small Business of the House of Representatives a report on—inserting “50 percent”.
added
SBA study of microenterprise participation— Not later than 1 year after the date of enactment of this section, the Administrator of the Small Business Administration shall conduct a study and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on—
renumbered
was (4)(3)
the operations (including services provided, structure, size, and area of operation) of a representative sample of—
renumbered
was (4)(3)(2)
intermediaries that are eligible to participate in the microloan program and that do participate; and
renumbered
was (4)(3)(3)
intermediaries that are eligible to participate in the microloan program and that do not participate;
renumbered
was (4)(4)
the reasons why eligible intermediaries described in paragraph (1)(B) choose not to participate in the microloan program;
renumbered
was (4)(5)
recommendations on how to encourage increased participation in the microloan program by eligible intermediaries described in paragraph (1)(B); and
renumbered
was (4)(6)
recommendations on how to decrease the costs associated with participation in the microloan program for eligible intermediaries.
added
GAO study on microloan intermediary practices— Not later than 1 year after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report evaluating—
removed
GAO study on microloan intermediary practices— Not later than one year after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report evaluating—
renumbered
was (5)(3)
oversight of the microloan program by the Small Business Administration, including oversight of intermediaries participating in the microloan program; and
renumbered
was (5)(4)
the specific processes used by the Small Business Administration to ensure—
renumbered
was (5)(4)(2)
compliance by intermediaries participating in the microloan program; and
renumbered
was (5)(4)(3)
the overall performance of the microloan program.
Sec. 854 Amendments to Small Business Innovation Research Program and Small Business Technology Transfer Program
changed
Extension Use of pilot programs—SBIR or STTR funding for administrative costs— Section 9 of the Small Business Act (15 U.S.C. 638) is amended—
changed
in subsection (cc), by striking “2017” and inserting “2022”;(f)—
added
in paragraph (2), by striking “shall not” and all that follows through “make available” and inserting “shall not make available”; and
added
by adding at the end the following new paragraph:
added “(5) Administrative costs—A Federal agency may use up to 3 percent of its SBIR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program.”
changed
in subsection (gg)(7), by striking “2017” and inserting “2022”;(n)—
added
in paragraph (2), by striking “shall not” and all that follows through “make available” and inserting “shall not make available”; and
added
by adding at the end the following new paragraph:
added “(4) Administrative costs—A Federal agency may use up to 3 percent of its SBIR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program.”
removed
in subsection (jj)—
removed
in paragraph (4)(A), by striking “3” and inserting “4”; and
removed
in paragraph (7), by striking “2017” and inserting “2022”;
removed
in subsection (mm)—
removed
in paragraph (1)—
removed
in the matter preceding subparagraph (A), by striking “2017” and inserting “2022”;
removed
in subparagraph (I), by striking “and” at the end;
removed
in subparagraph (J), by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following:
removed
“(K) funding for improvements that increase commonality across data systems, reduce redundancy, and improve data oversight and accuracy.”
removed
by adding at the end the following:
removed
“(tt) Outstanding reports and evaluations
removed
“(1) In general—Not later than March 30, 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives—
removed
“(A) each report, evaluation, or analysis, as applicable, described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C), (gg)(6), (jj)(6), and (mm)(6); and
removed
“(B) metrics regarding, and an evaluation of, the authority provided to the National Institutes of Health, the Department of Defense, and the Department of Education under subsection (cc).
removed
“(2) Information required—Not later than December 31, 2018, the head of each agency that is responsible for carrying out a provision described in subparagraph (A) or (B) of paragraph (1) shall submit to the Administrator any information that is necessary for the Administrator to carry out the responsibilities of the Administrator under that paragraph.”
changed
Accelerating SBIR and STTR awards—Expansion of phase flexibility— Section 9 9(cc) of the Small Business such Act (15 U.S.C. 638) 638(cc)) is amended—amended by striking “During fiscal years” and all that follows through “may each provide” and inserting “During fiscal years 2018 through 2022, all agencies participating in the SBIR program may provide”.
added
Improvements to technical and business assistance— Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended—
added
in the subsection heading, by inserting “and Business” after “Technical”;
removed
in subsection (hh)—
removed
by striking “Federal agencies” and inserting the following:
removed
“(1) In general—Federal agencies”
removed
in paragraph (1), as so designated, by striking “attempt to”; and
removed
by adding at the end the following:
removed
“(2) Pilot program to accelerate Department of Defense SBIR and STTR awards
removed
“(A) In general—Not later than 1 year after the date of enactment of this paragraph, the Under Secretary of Defense for Research and Engineering, acting through the Director of Defense Procurement and Acquisition Policy of the Department of Defense, shall establish a pilot program to reduce the time for awards under the SBIR and STTR programs of the Department of Defense, under which the Department of Defense shall—
removed
“(i) develop simplified and standardized procedures and model contracts throughout the Department of Defense for Phase I, Phase II, and Phase III SBIR awards;
removed
“(ii) for Phase I SBIR and STTR awards, reduce the amount of time between solicitation closure and award;
removed
“(iii) for Phase II SBIR and STTR awards, reduce the amount of time between the end of a Phase I award and the start of the Phase II award;
removed
“(iv) for Phase II SBIR and STTR awards that skip Phase I, reduce the amount of time between solicitation closure and award;
removed
“(v) for sequential Phase II SBIR and STTR awards, reduce the amount of time between Phase II awards; and
removed
“(vi) reduce the award times described in clauses (ii), (iii), (iv), and (v) to be as close to 90 days as possible.
removed
“(B) Consultation—In carrying out the pilot program under subparagraph (A), the Director of Defense Procurement and Acquisition Policy of the Department of Defense shall consult with the Director of the Office of Small Business Programs of the Department of Defense.
removed
“(C) Termination—The pilot program under subparagraph (A) shall terminate on September 30, 2022.”
removed
in subsection (ii)—
removed
by striking “Federal agencies” and inserting the following:
removed
“(1) In general—Federal agencies”
removed
by adding at the end the following:
removed
“(2) Comptroller General reports—The Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Armed Services of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Armed Services of the House of Representatives—
removed
“(A) not later than 1 year after the date of enactment of this paragraph, and every year thereafter for 3 years, a report that—
removed
“(i) provides the average and median amount of time that each component of the Department of Defense with an SBIR or STTR program takes to review and make a final decision on proposals submitted under the program; and
removed
“(ii) compares that average and median amount of time with that of other Federal agencies participating in the SBIR or STTR program; and
removed
“(B) not later than December 5, 2021, a report that—
removed
“(i) includes the information described in subparagraph (A);
removed
“(ii) assesses where each Federal agency participating in the SBIR or STTR program needs improvement with respect to the proposal review and award times under the program;
removed
“(iii) identifies best practices for shortening the proposal review and award times under the SBIR and STTR programs, including the pros and cons of using contracts compared to grants; and
removed
“(iv) analyzes the efficacy of the pilot program established under subsection (hh)(2).”
removed
Improvements to technical and business assistance—
removed
In general— Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended—
removed
in the subsection heading, by inserting “and business” after “technical”;
renumbered
was (4)(2)(4)
in paragraph (1)—
renumbered
was (4)(2)(4)(2)
in the matter preceding subparagraph (A)—
renumbered
was (4)(2)(4)(2)(2)
by striking “a vendor selected under paragraph (2)” and inserting “1 or more vendors selected under paragraph (2)(A)”;
renumbered
was (4)(2)(4)(2)(3)
by inserting “and business” before “assistance services”; and
renumbered
was (4)(2)(4)(2)(4)
by inserting “assistance with product sales, intellectual property protections, market research, market validation, and development of regulatory plans and manufacturing plans,” after “technologies,”; and
renumbered
was (4)(2)(4)(3)
in subparagraph (D), by inserting “, including intellectual property protections” before the period at the end;
renumbered
was (4)(2)(5)
in paragraph (2)—
added
by striking “Each agency may select a vendor to assist small business concerns to meet” and inserting the following:
removed
in the first sentence, by striking “Each agency may select a vendor to assist small business concerns to meet” and inserting the following:
“(A) In general—Each agency may select 1 or more vendors from which small business concerns may obtain assistance in meeting”
renumbered
was (4)(2)(5)(3)
by adding at the end the following:
“(B) Selection by small business concern—A small business concern may, by contract or otherwise, select 1 or more vendors to assist the small business concern in meeting the goals listed in paragraph (1).”
renumbered
was (4)(2)(6)
in paragraph (3)—
added
by inserting “(A)” after “paragraph (2)” each place it appears;
added
in subparagraph (A), by striking “$5,000 per year” each place it appears and inserting “$6,500 per year”;
removed
by inserting “(A)” after “paragraph (2)” each place that term appears;
removed
in subparagraph (A), by striking “$5,000 per year” each place that term appears and inserting “$6,500 per year”;
renumbered
was (4)(2)(6)(4)
in subparagraph (B)—
added
by striking “$5,000 per year” each place it appears and inserting “$50,000 per project”; and
added
in clause (ii), by striking “which shall be in addition to the amount of the recipient’s award” and inserting “which may, as determined appropriate by the head of the agency, be included as part of the recipient’s award or be in addition to the amount of the recipient’s award”;
removed
by striking “$5,000 per year” each place that term appears and inserting “$50,000 per project”; and
removed
in clause (ii), by striking “which shall be in addition to the amount of the recipient's award” and inserting “which may, as determined appropriate by the head of the Federal agency, be included as part of the recipient’s award or be in addition to the amount of the recipient’s award”;
renumbered
was (4)(2)(6)(5)
in subparagraph (C)—
renumbered
was (4)(2)(6)(5)(2)
by inserting “or business” after “technical”;
renumbered
was (4)(2)(6)(5)(3)
by striking “the vendor” and inserting “a vendor”; and
renumbered
was (4)(2)(6)(5)(4)
by adding at the end the following: “Business-related services aimed at improving the commercialization success of a small business concern may be obtained from an entity, such as a public or private organization or an agency of or other entity established or funded by a State that facilitates or accelerates the commercialization of technologies or assists in the creation and growth of private enterprises that are commercializing technology.”;
renumbered
was (4)(2)(6)(6)
in subparagraph (D)—
added
by inserting “or business” after “technical” each place it appears; and
removed
by inserting “or business” after “technical” each place that term appears; and
renumbered
was (4)(2)(6)(6)(3)
in clause (i), by striking “the vendor” and inserting “1 or more vendors”; and
renumbered
was (4)(2)(6)(7)
by adding at the end the following:
“(E) Multiple award recipients—The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or purchased under subparagraph (B) by a small business concern that has received multiple Phase II SBIR or STTR awards for a fiscal year.”
removed
by adding at the end the following:
removed
“(4) Annual reporting
removed
“(A) In general—A small business concern that receives technical or business assistance from a vendor under this subsection during a fiscal year shall submit to the Federal agency contracting with the vendor a description of the technical or business assistance provided and the benefits and results of the technical or business assistance provided.
removed
“(B) Use of existing reporting mechanism—The information required under subparagraph (A) shall be collected by a Federal agency as part of a report required to be submitted by small business concerns engaged in SBIR or STTR projects of the Federal agency for which the requirement was in effect on the date of enactment of this paragraph.”
removed
Review— Not later than the end of fiscal year 2019, the Administrator of the Small Business Administration shall—
removed
conduct a survey of vendors providing technical or business assistance under section 9(q) of the Small Business Act (15 U.S.C. 638(q)), as amended by paragraph (1), and small business concerns receiving the technical or business assistance; and
removed
submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report reviewing the efficacy of the provision of the technical or business assistance.
Sec. 855 Construction contract administration
Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:
“(w) Solicitation notice regarding administration of change orders for construction
“(1) In general—With respect to any solicitation for the award of a contract for construction anticipated to be awarded to a small business concern, the agency administering such contract shall provide a notice along with the solicitation to prospective bidders and offerors that includes—
“(A) information about the agency’s policies or practices in complying with the requirements of the Federal Acquisition Regulation relating to the timely definitization of requests for an equitable adjustment; and
“(B) information about the agency’s past performance in definitizing requests for equitable adjustments in accordance with paragraph (2).
“(2) Requirements for agencies—An agency shall provide the past performance information described under paragraph (1)(B) as follows:
“(A) For the 3-year period preceding the issuance of the notice, to the extent such information is available.
“(B) With respect to an agency that, on the date of the enactment of this subsection, has not compiled the information described under paragraph (1)(B)—
“(i) beginning 1 year after the date of the enactment of this subsection, for the 1-year period preceding the issuance of the notice;
“(ii) beginning 2 years after the date of the enactment of this subsection, for the 2-year period preceding the issuance of the notice; and
“(iii) beginning 3 years after the date of the enactment of this subsection and each year thereafter, for the 3-year period preceding the issuance of the notice.
“(3) Format of past performance information—In the notice required under paragraph (1), the agency shall ensure that the past performance information described under paragraph (1)(B) is set forth separately for each definitization action that was completed during the following periods:
“(A) Not more than 30 days after receipt of a request for an equitable adjustment.
“(B) Not more than 60 days after receipt of a request for an equitable adjustment.
“(C) Not more than 90 days after receipt of a request for an equitable adjustment.
“(D) Not more than 180 days after receipt of a request for an equitable adjustment.
changed
“(E) Not more More than 365 days after receipt of a request for an equitable adjustment.
changed
“(F) More than 365 days after receipt After the completion of the performance of the contract through a request contract modification addressing all undefinitized requests for an equitable adjustment.adjustment received during the term of the contract.”
removed
“(G) After the completion of the performance of the contract through a contract modification addressing all undefinitized requests for an equitable adjustment received during the term of the contract.”
Sec. 856 Broadband and emerging information technology coordinator
changed
Study required—In general— Subject to appropriations, the Comptroller General of the United States shall conduct a study evaluating the impact of broadband speed and price on small business concerns (as defined in section 3 of the The Small Business Act (15 U.S.C. 632)).631 et seq.) is amended—
added
by redesignating section 47 as section 48; and
added
by inserting after section 46 the following:
added “47. Broadband and emerging information technology
added “(a) Definitions—In this section—
added “(1) the term OII Associate Administrator means the Associate Administrator for the Office of Investment and Innovation; and
added “(2) the term broadband and emerging information technology coordinator means the employee designated to carry out the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1).
added “(b) Assignment of coordinator
added “(1) Assignment of coordinator—The OII Associate Administrator shall designate a senior employee of the Office of Investment and Innovation to serve as the broadband and emerging information technology coordinator, who—
added “(A) shall report to the OII Associate Administrator;
added “(B) shall work in coordination with—
added “(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and
added “(ii) any other Associate Administrator of the Administration determined appropriate by the OII Associate Administrator;
added “(C) has experience developing and implementing telecommunications policy in the private sector or government; and
added “(D) has demonstrated significant experience in the area of broadband or emerging information technology.
added “(2) Responsibilities of coordinator—The broadband and emerging information technology coordinator shall—
added “(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies;
added “(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission;
added “(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns; and
added “(D) identify and catalog tools and training available through the resource partners of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and emerging technologies.
added “(3) Travel—Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties.
added “(c) Broadband and emerging technology training
added “(1) Training—The OII Associate Administrator shall provide to employees of the Administration training that—
added “(A) familiarizes employees of the Administration with broadband and other emerging information technologies;
added “(B) includes—
added “(i) instruction on counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and
added “(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies; and
added “(C) to maximum extent practicable, uses the tools and training cataloged and identified under subsection (b)(2)(D).
added “(2) Funding—The Administrator shall use funds made available to the Office of Investment and Innovation to carry out this subsection.
added “(d) Reports
added “(1) Biennial report on activities—Not later than 2 years after the date on which the OII Associate Administrator makes the first designation of an employee under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies.
added “(2) Impact of broadband speed and price on small businesses
added “(A) In general—Subject to appropriations, the Chief Counsel for Advocacy shall conduct a study evaluating the impact of broadband speed and price on small business concerns.
added “(B) Report—Not later than 3 years after the date of enactment of the Small Business Broadband and Emerging Information Technology Enhancement Act of 2017, the Chief Counsel for Advocacy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subparagraph (A), including—
added “(i) a survey of broadband speeds available to small business concerns;
added “(ii) a survey of the cost of broadband speeds available to small business concerns;
added “(iii) a survey of the type of broadband technology used by small business concerns; and
added “(iv) any policy recommendations that may improve the access of small business concerns to comparable broadband services at comparable rates in all regions of the United States.”
changed
Report—Entrepreneurial development— Not later than three years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship Section 21(c)(3)(B) of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subsection (a), including—Act (15 U.S.C. 648(c)(3)(B)) is amended—
changed
a survey of in the matter preceding clause (i), by inserting “accessing broadband speeds available to small business concerns;and other emerging information technology,” after “technology transfer,”;
changed
a survey of in clause (ii), by striking “and” at the cost of broadband speeds available to small business concerns;end;
changed
a survey of the type of broadband technology used in clause (iii), by small business concerns; adding “and” at the end; and
changed
any policy recommendations that may improve the access of small business concerns to comparable broadband services by adding at comparable rates in all regions of the United States.end the following:
added “(iv) increasing the competitiveness and productivity of small business concerns by assisting owners of such concerns in accessing broadband and other emerging information technology;”
Sec. 857 Amendments to the Small Business Investment Act of 1958
changed
Budget display submission—Investment in small business investment companies— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall include in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105 of title 31, United States Code), a budget display for the funds assessed for the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as such terms are defined, respectively, in section 9(e) Section 302(b) of the Small Business Investment Act of 1958 (15 U.S.C. 638(e))) of the Department of Defense during the previous fiscal year.682(b)) is amended—
added
in paragraph (1), by inserting before the period the following: “or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus”;
added
in paragraph (2), by inserting before the period the following: “or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus”; and
added
by adding at the end the following:
added “(3) Appropriate Federal banking agency defined—For purposes of this subsection, the term “appropriate Federal banking agency” has the meaning given that term under section 3 of the Federal Deposit Insurance Act.”
changed
Budget display requirements—Increase to maximum leverage limit— The budget display under subsection (a) shall include—Section 303(b)(2)(A)(ii) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)(A)(ii)) is amended by striking “$150,000,000” and inserting “$175,000,000”.
removed
for funds assessed, the amount obligated and expended, by appropriation and functional area, for the Small Business Innovation Research Program or the Small Business Technology Transfer Program;
removed
information, by military department and other awarding organizations, on Phase I, II, and III awards;
removed
to the extent practicable, specific processes, products, technologies, or services that were transitioned to acquisition programs of record, or other follow-on contracts; and
removed
an estimate of the Small Business Innovation Research Program and the Small Business Technology Transfer Program funding to be assessed during the period covered by the current future-years defense program (as defined under section 221 of title 10, United States Code).
removed
First submission— The first budget display under subsection (a) shall be included with the budget for the President for fiscal year 2020.
removed
Congressional committees— The budget display under subsection (a) shall be submitted to the congressional defense committees, with copies provided to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.
removed
Termination— The requirements of this section shall terminate on December 31, 2022.
removed
Rule of construction— Nothing in this section shall be construed to modify or otherwise affect the requirement to expend amounts for the Small Business Innovation Research Program and the Small Business Technology Transfer Program of the Department of Defense under subsections (f) and (n) of section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 858 Consolidated budget justification for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program
changed
Amount of assistance from Secretary—Submission with annual budget justification documents— Section 2413(b) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall include in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105 of title 10, 31, United States Code, is amended—Code) a budget justification for all activities conducted under a Small Business Innovation Research Program or Small Business Technology Transfer Program (as such terms are defined, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e))) of the Department of Defense during the previous fiscal year.
removed
by striking “not more than 65 percent” and inserting “not more than 75 percent”; and
removed
in paragraph (1), by striking “more than 65 percent, but not more than 75 percent” and inserting “more than 75 percent, but not more than 85 percent”.
changed
Funding Requirements for eligible entities—budget display— Section 2414(a) of such title is amended—The budget justification under subsection (a) shall include—
changed
in paragraph (1), the amount obligated or expended, by striking “$750,000” appropriation and inserting “$1,000,000”;functional area, for each activity conducted under a Small Business Innovation Research Program or Small Business Technology Transfer Program, with supporting narrative descriptions and rationale for the funding levels; and
changed
in paragraph (2), by striking “$450,000” a summary and inserting “$750,000”;estimate of funding required during the period covered by the current future-years defense program (as defined under section 221 of title 10, United States Code).
added
Termination— The requirements of this section shall terminate on December 31, 2022.
removed
in paragraph (3), by striking “$300,000” and inserting “$450,000”; and
removed
in paragraph (4), by striking “$750,000” and inserting “$1,000,000”.
Sec. 859 Funding for procurement technical assistance program
changed
Authorization to pay costs relating to meetings Amount of eligible entities—assistance from Secretary— Section 2417 2413(b) of title 10, United States Code, is amended—
changed
in the heading, by striking “not more than 65 percent” and inserting “and other” after “Administrative”;“not more than 75 percent”; and
changed
in paragraph (1), by striking “chapter, an amount” “more than 65 percent, but not more than 75 percent” and insertinginserting “more than 75 percent, but not more than 85 percent”.
removed
“(1) an amount”
removed
by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following new paragraph:
removed
“(2) an amount determined appropriate by the Director to assist eligible entities in payment of costs of eligible entities —
removed
“(A) for meetings to discuss best practices for the improvement of the operations of procurement technical assistance centers; and
removed
“(B) for membership dues for any association of such centers created by eligible entities, training fees and associated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association.”
changed
Briefing—Funding for eligible entities— Not later than six months after the date of the enactment of this Act, the Director of the Defense Logistics Agency shall brief the congressional defense committees on the recognition or lack of recognition by the Department of Defense of procurement technical assistance center associations and the rationale for the recognition or lack of recognition, including a discussion Section 2414(a) of whether the Department needs authority to recognize such associations.title is amended—
added
in paragraph (1), by striking “$750,000” and inserting “$1,000,000”;
added
in paragraph (2), by striking “$450,000” and inserting “$750,000”;
added
in paragraph (3), by striking “$300,000” and inserting “$450,000”; and
added
in paragraph (4), by striking “$750,000” and inserting “$1,000,000”.
Sec. 860 Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold
changed
Section 9 Subparagraph (B) of the Small Business Act (15 U.S.C. 638) section 1908(b)(2) of title 41, United States Code, is amended by adding at the end the following new subsection:inserting “3131 to 3134,” after “sections”.
removed
“(uu) Commercialization assistance pilot programs
removed
“(1) Pilot programs implemented
removed
“(A) In general—Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award.
removed
“(B) Exception—If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection.
removed
“(2) Percent of agency funds—The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program.
removed
“(3) Termination—A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022.
removed
“(4) Application—To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including—
removed
“(A) an updated Phase II commercialization plan; and
removed
“(B) the source and amount of the matching funding required under paragraph (5).
removed
“(5) Matching funding
removed
“(A) In general—The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor.
removed
“(B) Ineligible sources—An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A).
removed
“(6) Award—A subsequent Phase II SBIR award made to an eligible entity under this subsection—
removed
“(A) may not exceed the limitation described under subsection (aa)(1); and
removed
“(B) shall be disbursed during Phase II.
removed
“(7) Use of funds—The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity’s Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization.
removed
“(8) Selection—In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider—
removed
“(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity’s Phase II program;
removed
“(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research;
removed
“(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits;
removed
“(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award;
removed
“(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and
removed
“(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit.
removed
“(9) Evaluation Report—Not later than 6 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including—
removed
“(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection;
removed
“(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs;
removed
“(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient;
removed
“(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program;
removed
“(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff);
removed
“(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program;
removed
“(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection;
removed
“(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding;
removed
“(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and
removed
“(J) recommendations for improvements to the commercialization assistance pilot program.
removed
“(10) Definitions—For purposes of this subsection:
removed
“(A) Covered agency—The term covered agency means a Federal agency required to have an SBIR program.
removed
“(B) Eligible entity—The term eligible entity means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award.
removed
“(C) Eligible third-party investor—The term eligible third-party investor means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof.
removed
“(D) Ineligible sources—The term ineligible sources means the following:
removed
“(i) The eligible entity’s internal research and development funds.
removed
“(ii) Funding in forms other than cash, such as in-kind or other intangible assets.
removed
“(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners.
removed
“(iv) Funding attained through loans or other forms of debt obligations.
removed
“(E) Subsequent Phase II SBIR award—The term subsequent Phase II SBIR award means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.”
Sec. 861 Score
changed
Definition of Puerto Rico business—SCORE Reauthorization— Section 3 20 of the Small Business Act (15 U.S.C. 632) 631 note) is amended by adding at the end the following new subsection:amended—
added
by redesignating subsection (j) as subsection (f); and
added
by adding at the end the following:
added “(g) SCORE program—There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $10,500,000 in each of fiscal years 2018 and 2019.”
removed
“(ee) Puerto Rico business—In this Act, the term Puerto Rico business means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.”
changed
Small business credit for Puerto Rico businesses—SCORE program— Section 15 8 of the Small Business Act (15 U.S.C. 644) 637) is amended by adding at the end the following new subsection:amended—
added
in subsection (b)(1)(B), by striking “a Service Corps of Retired Executives (SCORE)” and inserting “the SCORE program described in subsection (c)”; and
added
by striking subsection (c) and inserting the following:
added “(c) SCORE program
added “(1) Definition—In this subsection:
added “(A) SCORE Association—The term SCORE Association means the Service Corps of Retired Executives Association or any successor or other organization who receives a grant from the Administrator to operate the SCORE program under paragraph (2)(A).
added “(B) SCORE program—The term SCORE program means the SCORE program authorized by subsection (b)(1)(B).
added “(2) Management and volunteers
added “(A) In general—The Administrator shall provide a grant to the SCORE Association to manage the SCORE program.
added “(B) Volunteers—A volunteer participating in the SCORE program shall—
added “(i) based on the business experience and knowledge of the volunteer—
added “(I) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and
added “(II) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and
added “(ii) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program.
added “(3) Plans and goals—The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program.
added “(4) Annual report—The SCORE Association shall submit to the Administrator an annual report that contains—
added “(A) the number of individuals counseled or trained under the SCORE program;
added “(B) the number of hours of counseling provided under the SCORE program; and
added “(C) to the extent possible—
added “(i) the number of small business concerns formed with assistance from the SCORE program;
added “(ii) the number of small business concerns expanded with assistance from the SCORE program; and
added “(iii) the number of jobs created with assistance from the SCORE program.
added “(5) Privacy requirements
added “(A) In general—Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless—
added “(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or
added “(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit.
added “(B) Administrator use of information—This paragraph shall not—
added “(i) restrict the access of the Administrator to program activity data; or
added “(ii) prevent the Administrator from using client information to conduct client surveys.
added “(C) Standards
added “(i) In general—The Administrator shall, after the opportunity for notice and comment, establish standards for—
added “(I) disclosures with respect to financial audits under subparagraph (A)(ii); and
added “(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information.
added “(ii) Maximum privacy protection—The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection.”
added
Online component—
added
In general— Section 8(c) of the Small Business Act (15 U.S.C. 637(c)), as amended by subsection (b), is further amended by adding at the end the following:
added “(6) Online component—In carrying out this subsection, the SCORE Association shall make use of online counseling, including by developing and implementing webinars and an electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.”
added
Online component report—
added
In general— At the end of fiscal year 2018, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the effectiveness of the online counseling and webinars required as part of the SCORE program, including—
added
how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results;
added
describing the internal controls that are used and a summary of the topics covered by the webinars; and
added
performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards such online counseling and webinars.
added
Definitions— For purposes of this subsection, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).
removed
“(x) Small business credit for Puerto Rico businesses
removed
“(1) Credit for meeting contracting goals—If an agency awards a prime contract to Puerto Rico business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.
removed
“(2) Report—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”
removed
Priority for surplus property transfers— Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause:
removed
“(iii)
removed
“(I) In this clause, the term covered period means the period beginning on the date of enactment of this clause and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates.
removed
“(II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business if the Puerto Rico business meets the requirements for such a transfer, without regard to whether the Puerto Rico business is a Program Participant.”
changed
Contracting incentives for protege firms that are Puerto Rico businesses—Study and report on the future role of the score program—
changed
In general—Study— Section 45(a) The SCORE Association shall carry out a study on the future role of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at SCORE program and develop a strategic plan for how the end SCORE program will evolve to meet the needs of small business concerns and potential future small business concerns over the course of the 5 years following new paragraph:the date of enactment of this Act, with markers and specific objectives for year 1, year 3, and year 5.
removed
“(3) Puerto Rico businesses—During the period beginning on the date of enactment of this paragraph and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—
removed
“(A) positive consideration in any past performance evaluation of the covered mentor; and
removed
“(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor.”
changed
Definitions—Report— Section 45(d) Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the SCORE Association shall issue a report to the Committee on Small Business Act (15 U.S.C. 657r(d)) is amended by adding at of the end House of Representatives and the following new paragraphs:Committee on Small Business and Entrepreneurship of the Senate containing—
added
all findings and determination made in carrying out the study required under paragraph (1);
added
the strategic plan developed under paragraph (1);
added
an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels.
added
Definitions— For purposes of this section, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).
added
Technical and conforming amendments—
added
Small business act— The Small Business Act (15 U.S.C. 631 et seq.) is amended—
added
in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and
added
in section 22 (15 U.S.C. 649)—
added
in subsection (b)—
added
in paragraph (1), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and
added
in paragraph (3), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and
added
in subsection (c)(12), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.
added
Other laws—
added
Children’s Health Insurance Program Reauthorization Act of 2009— Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended—
added
in subsection (a), by striking paragraph (4) and inserting the following:
added “(4) the term “SCORE program” means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));”
added
in subsection (b)(4)(A)(iv), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.
added
Energy Policy and Conservation Act— Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking “Service Corps of Retired Executives (SCORE)” and inserting “SCORE program”.
removed
“(4) Covered mentor—The term covered mentor means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.
removed
“(5) Covered protege—The term covered protege means a protege of a covered mentor that is a Puerto Rico business.”
removed
Additional mentor-Protege relationships for protege firms that are Puerto Rico businesses— Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”.
Sec. 862 Procurement Technical Assistance Centers
changed
Definitions—Authorization to form association— In this Act—Procurement Technical Assistance Centers are authorized to form an association to pursue matters of common concern.
added
Recognition by Secretary of Defense— If more than half of the Procurement Technical Assistance Centers which are operating pursuant to agreements with the Department of Defense are members of such an association, the Secretary of Defense shall—
removed
the terms Administration and Administrator means the Small Business Administration and the Administrator thereof, respectively;
removed
the term cooperative means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulations;
removed
the term employee-owned business concern means—
removed
a cooperative; and
removed
a qualified employee trust;
removed
the terms qualified employee trust and small business concern have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632); and
removed
the term small business development center means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).
removed
Expansion of 7(a) loans—
removed
In general— Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended—
removed
in paragraph (15)—
removed
in subparagraph (A)—
removed
by striking “this subsection to qualified employee trusts” and inserting
removed
“(i) to qualified employee trusts”
removed
in clause (i), as so designated—
removed
by inserting “, and for any transaction costs associated with purchasing,” after “purchasing”;
removed
by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following:
removed
“(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.”
removed
in subparagraph (B)—
removed
in the matter preceding clause (i), by inserting “or by the small business concern” after “the trustee of such trust”;
removed
in clause (ii), by striking “and” at the end;
removed
in clause (iii), by striking the period at the end and inserting “, and”; and
removed
by adding at the end the following:
removed
“(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)—
removed
“(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and
removed
“(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.”
removed
by adding at the end the following:
removed
“(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph.
removed
“(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.”
removed
by adding at the end the following:
removed
“(35) Loans to cooperatives
removed
“(A) Definition—In this paragraph, the term cooperative means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.
removed
“(B) Authority—The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).”
changed
Delegation of authority to preferred lenders— Section 5(b)(7) of recognize the Small Business Act (15 U.S.C. 634(b)(7)) is amended by inserting “, including loans guaranteed under paragraph (15) or (35) existence and activities of section 7(a)” after “deferred participation loans”.such an association; and
added
consult with it and develop documents—
added
announcing the annual scope of activities pursuant to this section;
added
requesting proposals to deliver assistance as provided in this section; and
added
governing the general operations and administration of the Procurement Technical Assistance Program, specifically including the development of regulations and a uniform negotiated cooperative agreement for use on an annual basis when entering into individual negotiated agreements with Procurement Technical Assistance Centers.
removed
Small business investment company program outreach— The Administrator shall provide outreach and educational materials to companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds to make investments in company transitions to employee-owned business concerns.
removed
Small business microloan program outreach— The Administrator shall provide outreach and educational materials to intermediaries under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to increase the use of funds to make loans to employee-owned business concerns, including transitions to employee-owned business concerns.
removed
Small business development center outreach and assistance—
removed
Establishment— The Administrator shall establish a Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts.
removed
Small business development centers—
removed
In general— In carrying out the program established under subsection (a), the Administrator shall enter into agreements with small business development centers under which the centers shall—
removed
provide access to information and resources on employee ownership through cooperatives or qualified employee trusts as a business succession strategy;
removed
conduct training and educational activities; and
removed
carry out the activities described in subparagraph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)).
removed
Additional services— Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—
removed
in subparagraph (S), by striking “and” at the end;
removed
in subparagraph (T), by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following:
removed
“(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as employee-owned business concerns), including by—
removed
“(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern;
removed
“(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration;
removed
“(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees;
removed
“(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and
removed
“(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.”
removed
Amendment to report to Congress on status of employee-Owned firms— Section 7(a)(15)(E) of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is amended by striking “Administration.” and inserting
removed
“(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made—
removed
“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
removed
“(II) to cooperatives;
removed
“(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made—
removed
“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
removed
“(II) to cooperatives; and
removed
“(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.”
removed
Report on cooperative lending—
removed
Sense of Congress— It is the sense of Congress that cooperatives have a unique business structure and are unable to access the lending programs of the Administration effectively due to loan guarantee requirements that are incompatible with the business structure of cooperatives.
removed
Study and report—
removed
Study— The Administrator, in coordination with lenders, stakeholders, and Federal agencies, shall study and recommend practical alternatives for cooperatives that will satisfy the loan guarantee requirements of the Administration.
removed
Report— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed under paragraph (1) and a plan to implement such recommendations.
removed
Amendment to definition of qualified employee trust— Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 632(c)(2)(A)(ii)) is amended to read as follows:
removed
“(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and”
Sec. 863 Commercialization Assistance Pilot Program
addedadded Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection:
added “(tt) Commercialization assistance pilot programs
added “(1) Pilot programs implemented
added “(A) In general—Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award.
added “(B) Exception—If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection.
added “(2) Percent of agency funds—The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program.
added “(3) Termination—A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022.
added “(4) Application—To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including—
added “(A) an updated Phase II commercialization plan; and
added “(B) the source and amount of the matching funding required under paragraph (5).
added “(5) Matching funding
added “(A) In general—The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor.
added “(B) Ineligible sources—An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A).
added “(6) Award—A subsequent Phase II SBIR award made to an eligible entity under this subsection—
added “(A) may not exceed the limitation described under subsection (aa)(1); and
added “(B) shall be disbursed during Phase II.
added “(7) Use of funds—The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity’s Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization.
added “(8) Selection—In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider—
added “(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity’s Phase II program;
added “(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research;
added “(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits;
added “(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award;
added “(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and
added “(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit.
added “(9) Evaluation Report—Not later than 3 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including—
added “(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection;
added “(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs;
added “(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient;
added “(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program;
added “(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff);
added “(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program;
added “(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection;
added “(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding;
added “(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and
added “(J) recommendations for improvements to the commercialization assistance pilot program.
added “(10) Definitions—For purposes of this subsection:
added “(A) Covered agency—The term covered agency means a Federal agency required to have an SBIR program.
added “(B) Eligible entity—The term eligible entity means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award.
added “(C) Eligible third-party investor—The term eligible third-party investor means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof.
added “(D) Ineligible sources—The term ineligible sources means the following:
added “(i) The eligible entity’s internal research and development funds.
added “(ii) Funding in forms other than cash, such as in-kind or other intangible assets.
added “(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners.
added “(iv) Funding attained through loans or other forms of debt obligations.
added “(E) Subsequent Phase II SBIR award—The term subsequent Phase II SBIR award means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.”
Sec. 864 Puerto Rico businesses
added
added
Definition of Puerto Rico business— Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection:
added “(ee) Puerto Rico business—In this Act, the term Puerto Rico business means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.”
added
Small business credit for Puerto Rico businesses— Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:
added “(w) Small business credit for Puerto Rico businesses
added “(1) Credit for meeting contracting goals—If an agency awards a prime contract to Puerto Rico business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.
added “(2) Report—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”
added
Priority for surplus property transfers— Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause:
added “(iii)
added “(I) In this clause, the term covered period means the period beginning on the date of enactment of this clause and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates.
added “(II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business if the Puerto Rico business meets the requirements for such a transfer, without regard to whether the Puerto Rico business is a Program Participant.”
added
Contracting incentives for protege firms that are Puerto Rico businesses—
added
In general— Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph:
added “(3) Puerto Rico businesses—During the period beginning on the date of enactment of this paragraph and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—
added “(A) positive consideration in any past performance evaluation of the covered mentor;
added “(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and
added “(C) such other incentives as the Administrator determines appropriate.”
added
Definitions— Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:
added “(4) Covered mentor—The term covered mentor means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.
added “(5) Covered protege—The term covered protege means a protege of a covered mentor that is a Puerto Rico business.”
added
Additional mentor-protege relationships for protege firms that are Puerto Rico businesses— Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”.
Sec. 865 United States Virgin Islands Small Business Contracting Assistance
added
Short title— This section may be cited as the “United States Virgin Islands Small Business Contracting Assistance Act of 2018”.
removed
Section 2321(f) of title 10, United States Code, is amended—
changed
Definition of United States Virgin Islands business— Section 3 of the Small Business Act (15 U.S.C. 632) is amended by striking “(1) Except as provided in paragraph (2), in” and inserting “In”; andadding at the end the following new subsection:
added “(ee) United States Virgin Islands business—In this Act, the term United States Virgin Islands business means a small business concern that has its principal office located in the United States Virgin Islands.”
changed
Small business credit for United States Virgin Islands businesses— Section 15 of the Small Business Act (15 U.S.C. 644) is amended by striking paragraph (2).adding at the end the following new subsection:
added “(w) Small business credit for United States Virgin Islands businesses
added “(1) Credit for meeting contracting goals—If an agency awards a prime contract to United States Virgin Islands business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.
added “(2) Report—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”
added
Priority for surplus property transfers— Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause:
added “(iii)
added “(I) In this clause, the term covered period means the period beginning on the date of enactment of this clause and ending on the date that is 3 years after such date of enactment.
added “(II) The Administrator may transfer technology or surplus property under clause (i) to a United States Virgin Islands business during the covered period if the such business meets the requirements for such a transfer, without regard to whether such business is a Program Participant.”
added
Contracting incentives for protege firms that are United States Virgin Islands businesses—
added
In general— Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph:
added “(3) United States Virgin Islands businesses—During the period beginning on the date of enactment of this paragraph and ending on the date that is 3 years after such date of enactment, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—
added “(A) positive consideration in any past performance evaluation of the covered mentor;
added “(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and
added “(C) such other incentives as the Administrator determines appropriate.”
added
Definitions— Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:
added “(4) Covered mentor—The term covered mentor means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.
added “(5) Covered protege—The term covered protege means a protege of a covered mentor that is a United States Virgin Islands business.”
added
Additional mentor-protege relationships for protege firms that are United States Virgin Islands businesses— Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that, during the 3-year period beginning on the date of the enactment of the United States Virgin Islands Small Business Contracting Assistance Act of 2018, such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”.
Sec. 866 Opportunities for employee-owned business concerns through Small Business Administration loan programs
changed
Exercise of rights in technical data before final disposition of a challenge—Definitions— Section 2321(i) of title 10, United States Code, is amended—In this Act—
changed
in the subsection heading, by inserting “prior to and” after “Rights terms Administration and liability”;Administrator means the Small Business Administration and the Administrator thereof, respectively;
changed
the term cooperative means an entity that is determined to be a cooperative by redesignating paragraphs (1) the Administrator, in accordance with applicable Federal and (2) as paragraphs (2) State laws and (3), respectively; andregulations;
changed
by inserting before paragraph (2), as so redesignated, the following new paragraph:term employee-owned business concern means—
added
a cooperative; and
added
a qualified employee trust;
added
the terms qualified employee trust and small business concern have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632); and
added
the term small business development center means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).
added
Expansion of 7(a) loans—
added
In general— Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended—
added
in paragraph (15)—
added
in subparagraph (A)—
added
by striking “this subsection to qualified employee trusts” and inserting
added “(i) to qualified employee trusts”
added
in clause (i), as so designated—
added
by inserting “, and for any transaction costs associated with purchasing,” after “purchasing”;
added
by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.”
added
in subparagraph (B)—
added
in the matter preceding clause (i), by inserting “or by the small business concern” after “the trustee of such trust”;
added
in clause (ii), by striking “and” at the end;
added
in clause (iii), by striking the period at the end and inserting “, and”; and
added
by adding at the end the following:
added “(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)—
added “(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and
added “(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.”
added
by adding at the end the following:
added “(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph.
added “(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.”
added
by adding at the end the following:
added “(35) Loans to cooperatives
added “(A) Definition—In this paragraph, the term cooperative means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.
added “(B) Authority—The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).”
added
Delegation of authority to preferred lenders— Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by inserting “, including loans guaranteed under paragraph (15) or (35) of section 7(a)” after “deferred participation loans”.
removed
“(1) Upon filing of a suit or appeal under the contract dispute statute by a contractor or subcontractor in an agency Board of Contract Appeals or United States Claims Court related to a decision made by a contracting officer under subsection (g), the Secretary of Defense, or a Secretary of a military department for programs for which milestone decision authority has been delegated, on a nondelegable basis, may, following notice to the contractor or subcontractor, authorize use of the technical data in dispute if the Secretary determines in writing that compelling mission readiness requirements will not permit awaiting the final decision by the agency Board of Contract Appeals or the United States Claims Court.”
removed
Revision of the defense Federal Acquisition Regulation Supplement— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement, by interim or final rule, to implement the amendments made by subsection (a).
changed
Effective date—Small business investment company program outreach— The amendments made by subsection (a) and the revision required by subsection (b) Administrator shall become effective on the date of publication of the interim or final rule (whichever is earlier) required by subsection (b) provide outreach and shall apply educational materials to solicitations issued by Department companies licensed under section 301(c) of Defense contracting activities after that date unless the senior procurement executive Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the agency concerned grants a waiver on a case-by-case basis.use of funds to make investments in company transitions to employee-owned business concerns.
changed
Guidance on technical data right negotiation—Small business microloan program outreach— The Secretary of Defense Administrator shall develop policies on the negotiation provide outreach and educational materials to intermediaries under section 7(m) of technical data rights for noncommercial software that reflects the Department of Defense’s needs for technical data rights in Small Business Act (15 U.S.C. 636(m)) to increase the event of a protest or replacement use of incumbent contractor funds to meet defense requirements in the most cost effective manner.make loans to employee-owned business concerns, including transitions to employee-owned business concerns.
added
Small business development center outreach and assistance—
added
Establishment— The Administrator shall establish a Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts.
added
Small business development centers—
added
In general— In carrying out the program established under subsection (a), the Administrator shall enter into agreements with small business development centers under which the centers shall—
added
provide access to information and resources on employee ownership through cooperatives or qualified employee trusts as a business succession strategy;
added
conduct training and educational activities; and
added
carry out the activities described in subparagraph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)).
added
Additional services— Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—
added
in subparagraph (S), by striking “and” at the end;
added
in subparagraph (T), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as employee-owned business concerns), including by—
added “(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern;
added “(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration;
added “(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees;
added “(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and
added “(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.”
added
Interagency working group—
added
In general— Not later than 90 days after the date of enactment of this Act, the Administrator (or a designee of the Administrator) shall coordinate and chair an interagency working group, which shall—
added
develop recommendations on how Federal programs can promote, support, and increase the number of employee-owned business concerns;
added
ensure coordination with Federal agencies and national and local employee ownership, cooperative, and small business organizations; and
added
publish a report on the activities of the interagency working group that is indexed and maintained for public review.
added
Meetings— The interagency working group shall meet at such times as determined necessary by the, but not less than biannually. Such meetings may occur in person or via electronic resources.
added
Amendment to report to Congress on status of employee-owned firms— Section 7(a)(15)(E) of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is amended by striking “Administration.” and inserting
added “(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made—
added “(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
added “(II) to cooperatives;
added “(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made—
added “(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
added “(II) to cooperatives; and
added “(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.”
added
Report on cooperative lending—
added
Sense of Congress— It is the sense of Congress that cooperatives have a unique business structure and are unable to access the lending programs of the Administration effectively due to loan guarantee requirements that are incompatible with the business structure of cooperatives.
added
Study and report—
added
Study— The Administrator, in coordination with lenders, stakeholders, and Federal agencies, shall study and recommend practical alternatives for cooperatives that will satisfy the loan guarantee requirements of the Administration.
added
Report— Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed under paragraph (1) and a plan to implement such recommendations.
added
Amendment to definition of qualified employee trust— Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 632(c)(2)(A)(ii)) is amended to read as follows:
added “(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and”
Sec. 867 Veteran Entrepreneurship Training
added
Sense of Congress— It is the sense of Congress that the Secretary of Defense should coordinate with the Administrator of the Small Business Administration to include relevant aspects of veterans assistance programs of the Small Business Administration in the Transition Assistance Program established under section 1144 of title 10, United States Code.
removed
Section 2439 of title 10, United States Code, is amended—
changed
Boots to Business Program— by inserting “, to Section 32 of the maximum extent practicable,” after “shall ensure”;Small Business Act (15 U.S.C. 657b) is amended—
added
by redesignating subsection (f) as subsection (g); and
added
by inserting after subsection (e) the following new subsection:
added “(f) Boots to Business Program
added “(1) Definitions—In this subsection—
added “(A) the term covered individual means—
added “(i) a member of the Armed Forces, including the National Guard or Reserves;
added “(ii) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;
added “(iii) an individual who—
added “(I) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and
added “(II) was discharged or released from such service under conditions other than dishonorable; and
added “(iv) a spouse or dependent of an individual described in clause (i), (ii), or (iii); and
added “(B) the term Vet Center has the meaning given in section 1712A(h) of title 38, United States Code.
added “(2) Establishment—The Administrator shall carry out a program to be known as the “Boots to Business Program” to provide entrepreneurship training to covered individuals.
added “(3) Goals—The goals of the Boots to Business Program are to—
added “(A) provide assistance and in-depth training to covered individuals interested in business ownership; and
added “(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and launch a small business concern.
added “(4) Program components
added “(A) In general—The Boots to Business Program may include—
added “(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;
added “(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;
added “(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and
added “(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.
added “(B) Collaboration—The Administrator may—
added “(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and
added “(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
added “(C) Utilization of resource partners
added “(i) In general—The Administrator shall—
added “(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and
added “(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.
added “(ii) Grant authority—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.
added “(D) Availability to Department of Defense—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials created for the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.
added “(E) Availability to Veterans Affairs—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available outreach materials regarding the Boots to Business Program for distribution and display at local facilities of the Department of Veterans Affairs which shall, at a minimum—
added “(i) describe the Boots to Business Program and the services provided; and
added “(ii) include eligibility requirements for participating in the Boots to Business Program.
added “(5) Review—The Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report regarding the awarding of grants to entities under paragraph (4)(C).
added “(6) Report—Not later than 180 days after the date of enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—
added “(A) the number of program participants using each component of the Boots to Business Program;
added “(B) the completion rates for each component of the Boots to Business Program;
added “(C) to the extent possible—
added “(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;
added “(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;
added “(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;
added “(iv) the number of jobs created with assistance under the Boots to Business Program;
added “(v) the number of referrals to other resources and programs of the Administration;
added “(vi) the number of program participants receiving financial assistance under loan programs of the Administration;
added “(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and
added “(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;
added “(D) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;
added “(E) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;
added “(F) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;
added “(G) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and
added “(H) any additional information the Administrator determines necessary.”
removed
by striking “or for the production of a major weapon system” and inserting “production of a major weapon system, or sustainment of a major weapon system”;
removed
by striking “or production” and inserting “, production, or sustainment”; and
removed
in the heading, by striking “or production” and inserting “, production, or sustainment”.
Sec. 868 Improvement of small business development centers program
changed
Implementation required—Use of authorized entrepreneurial development programs— Not later than 18 months after the date of the enactment of The Small Business Act (15 U.S.C. 631 et seq.), as amended by this Act, the Secretary of Defense shall, except as provided under subsection (b), commence implementation of each recommendation submitted as part of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems.is amended—
added
by redesignating section 48 as section 49; and
added
by inserting after section 47 the following new section:
added “48. Use of authorized entrepreneurial development programs
added “(a) Expanded support for entrepreneurs
added “(1) In general—Notwithstanding any other provision of law, the Administrator shall only deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training through a program authorized under—
added “(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, or 32 of this Act; or
added “(B) sections 358 or 389 of the Small Business Investment Act of 1958.
added “(2) Exception—This section shall not apply to services provided to assist small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)).
added “(b) Annual report—Beginning on the first December 1 after the date of the enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year through a program described in subsection (a). Such report shall include—
added “(1) a description and operating details for each program and activity;
added “(2) operating circulars, manuals, and standard operating procedures for each program and activity;
added “(3) a description of the process used to award grants under each program and activity;
added “(4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity;
added “(5) the amount of funding obligated for the current fiscal year for each program and activity; and
added “(6) the names and titles for those individuals responsible for each program and activity.”
added
Marketing of services— Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:
added “(o) No prohibition of marketing of services—The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small business concerns.”
added
Data collection—
added
In general— Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended—
added
by striking “as provided in this section and” and inserting “as provided in this section,”; and
added
by inserting before the period at the end the following: “, and (iv) governing data collection activities related to applicants receiving grants under this section”.
removed
Exceptions—
removed
Delayed implementation— The Secretary of Defense may commence implementation of a recommendation described under subsection (a) later than the date required under such subsection if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation.
removed
Nonimplementation— The Secretary of Defense may opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense committees—
removed
the reasons for the decision not to implement the recommendation; and
removed
a summary of the alternative actions the Secretary plans to take to address the purposes underlying the recommendation.
removed
Implementation plans— For each recommendation that the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense committees—
changed
Annual report on data collection— a summary Section 21 of actions that have been taken to implement the recommendation; andSmall Business Act (15 U.S.C. 648), as amended by subsection (b), is further amended by adding at the end the following:
added “(p) Annual report on data collection—The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on any data collection activities related to the Small Business Development Center Program.”
added
Working group To improve data collection—
added
Establishment and study— The Administrator of the Small Business Administration shall establish a group to be known as the “Data Collection Working Group ” consisting of members from entrepreneurial development grant recipients associations and organizations and officials from the Small Business Administration, to carry out a study to determine the best way to capture data collection and create or revise existing systems dedicated to data collection.
added
Report— Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Data Collection Working Group shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing the findings and determinations made in carrying out the study required under paragraph (1), including—
added
recommendations for revising existing data collection practices; and
added
a proposed plan for the Small Business Administration to implement such recommendations.
added
Fees from private partnerships and cosponsorships— Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)(C)), as amended by subsection (c), is further amended by adding at the end the following:
added “(D) Fees from private partnerships and cosponsorships—A small business development center that participates in a private partnership or cosponsorship with the Administration shall not be prohibited from collecting fees or other income related to the operation of such a private partnership or cosponsorship.”
added
Equity for small business development centers— Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:
added “(I) In general—Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).”
added
Confidentiality requirements— Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended by inserting after “under this section” the following: “to any State, local, or Federal agency, or to any third party”.
added
Limitation on award of grants to small business development centers—
added
In general— Section 21 of the Small Business Act (15 U.S.C. 648), as amended by subsection (c), is further amended—
added
in subsection (a)(1), by striking “any women's business center operating pursuant to section 29,”; and
added
by adding at the end the following:
added “(q) Limitation on award of grants—Except for not-for-profit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to the date of the enactment of this subsection, and that seek to renew such grants (including contracts and cooperative agreements) after such date.”
added
Rule of Construction— The amendments made by this section may not be construed as prohibiting a women’s business center (as described under section 29 of the Small Business Act (15 U.S.C. 656)) from receiving a subgrant from an entity receiving a grant under section 21 of the Small Business Act (15 U.S.C. 648).
removed
a schedule, with specific milestones, for completing the implementation of the recommendation.
Sec. 869 Implementation of pilot program to use agile or iterative development methods required under section 873 of the National Defense Authorization Act for Fiscal Year 2018
removed
removed
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall include the following systems in the pilot program to use agile or iterative development methods pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note):
removed
Defense Retired and Annuitant Pay System 2 (DRAS2), Defense Logistics Agency.
removed
Army Integrated Air and Missile Defense (AIAMD), Army.
removed
Army Contract Writing System (ACWS), Army.
removed
Defense Enterprise Accounting and Management System (DEAMS) Inc2, Air Force.
removed
Item Master, Air Force.
removed
Additions to list— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall identify three additional systems for participation in the pilot program pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note) and notify the congressional defense committees of the additions.
removed
Community of Practice advising on agile or iterative development— The Under Secretary of Defense for Acquisition and Sustainment shall establish a Community of Practice on agile or iterative methods so that programs that have been incorporating agile or iterative methods can share with programs participating in the pilot the lessons learned, best practices, and recommendations for improvements to acquisition and supporting processes. The Service Acquisition Executives of the military departments shall send representation from the following programs, which have reported using agile or iterative methods:
removed
Air and Space Operations Center (AOC).
removed
Command Control Battle Management and Communications (C2BMC).
removed
The family of Distributed Common Ground Systems.
removed
The family of Global Command and Control Systems.
removed
Navy Personnel and Pay (NP2).
removed
Other programs and activities as appropriate.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall report to the congressional defense committees on the status of the pilot program and each system participating in the pilot. The report shall include the following elements:
removed
A description of how cost and schedule estimates in support of the program are being conducted and using what methods.
removed
The contracting strategy and types of contracts that will be used in executing the program.
removed
A description of how intellectual property ownership issues associated with software applications developed with agile or iterative methods will be addressed to ensure future sustainment, maintenance, and upgrades to software applications after the applications are fielded.
removed
A description of the tools and software applications that are expected to be developed for the program and the costs and cost categories associated with each.
removed
A description of challenges the program has faced in realigning the program to use agile or iterative methods.
removed
Modifications to pilot program selection criteria— Section 873(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note) is amended—
removed
by inserting “or subsystems” after “In selecting systems”;
removed
in clause (i)(II), by striking “; and” and inserting “; or”; and
removed
in clause (ii)(II), by striking “; and” and inserting “; or”.
Sec. 870 Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems
removed
removed
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of requiring access to digital technical data in all future acquisitions by the Department of Defense of combat, combat service, and combat support systems, including front-end negotiations for such access. Such report shall include a digital data standard for technical data for use by equipment manufacturers and the Department with regard to three-dimensional printed parts.
Sec. 871 Additional requirements for negotiations for noncommercial computer software
added Section 2322a of title 10, United States Code, is amended by adding at the end the following new subsections:
added “(c) Rights to noncommercial computer software—As part of any negotiation for the acquisition of noncommercial computer software, the Secretary of Defense may not require a contractor to sell or otherwise relinquish to the Federal Government any rights to noncommercial computer software developed exclusively at private expense, except for rights related to—
added “(1) corrections or changes to such software or documentation related to such software furnished to the contractor by the Department of Defense;
added “(2) such software or documentation related to such software that is otherwise publicly available or that has been released or disclosed by the contractor or subcontractor without restrictions on further use, release, or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in such software or documentation to another party.
added “(3) such software or documentation related to such software obtained with unlimited rights under another contract with the Federal Government or as a result of such a negotiation; or
added “(4) such software or documentation related to such software furnished to the Department of Defense under a contract or subcontract that includes—
added “(A) restricted rights in such software, limited rights in technical data, or government purpose rights, where such restricted rights, limited rights, or government purpose rights have expired; or
added “(B) government purpose rights, where the contractor’s exclusive right to use such software or documentation for commercial purposes has expired.
added “(d) Consideration of 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 noncommercial computer software or documentation related to such software necessary to support the product support strategy of a major weapon system or subsystem of a major weapon system.”
removed
In general— Subchapter V of chapter 148 of title 10, United States Code, is amended by inserting after section 2533b the following new section:
removed
“2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations
removed
“(a) In general—Except as provided in subsection (c), the Secretary of Defense may not—
removed
“(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsection (c); or
removed
“(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—
removed
“(A) any covered nation; or
removed
“(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.
removed
“(b) Applicability—Subsection (a) shall apply to prime contracts and subcontracts at any tier.
removed
“(c) Exceptions—Subsection (a) does not apply under the following circumstances:
removed
“(1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price.
removed
“(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States for use outside of the United States.
removed
“(3) To the purchase by the Secretary of an end item containing a covered material that is—
removed
“(A) a commercially available off-the-shelf item (as defined in section 104 of title 41), other than—
removed
“(i) a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or
removed
“(ii) a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;
removed
“(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic device is critical to national security; or
removed
“(C) a neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States.
removed
“(d) Definitions—In this section:
removed
“(1) Covered material—The term “covered material” means—
removed
“(A) samarium-cobalt magnets;
removed
“(B) neodymium-iron-boron magnets;
removed
“(C) tungsten metal powder; and
removed
“(D) tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy.
removed
“(2) Covered nation—The term “covered nation” means—
removed
“(A) the Democratic People’s Republic of North Korea;
removed
“(B) the People’s Republic of China;
removed
“(C) the Russian Federation; and
removed
“(D) the Islamic Republic of Iran.
removed
“(3) End item—The term “end item” has the meaning given in section 2533b(m) of this title.”
removed
Clerical amendment— The table of contents at the beginning of such subchapter is amended by inserting after the item relating to section 2533b the following item:
Sec. 872 Removal of requirement for risk and sensitivity analysis of baseline estimates in Selected Acquisition Reports
changed
Section 841(n) 2432(c)(1)(B) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3455; 10 U.S.C. 2302 note) title 10, United States Code, is amended by striking “December 31, 2019” “, along with the associated risk and inserting “December 31, 2021”.sensitivity analysis of that estimate” each place it appears.
Sec. 873 Prohibition on acquisition of sensitive materials from non-allied foreign nations
changed
Collection and storage—In general— The Service Acquisition Executives of the military departments shall collect data on the use of other transactions by their respective departments, and the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall collect data on all other use by the Department Subchapter V of Defense chapter 148 of other transactions, including use title 10, United States Code, is amended by the Defense Agencies. The data shall be stored in a manner that allows inserting after section 2533b the Assistant Secretary of Defense for Acquisition and other appropriate officials access at any time.following new section:
added “2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations
added “(a) In general—Except as provided in subsection (c), the Secretary of Defense may not—
added “(1) procure any end item containing a covered material from any covered nation, except as provided by subsection (c); or
added “(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—
added “(A) any covered nation; or
added “(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.
added “(b) Extension—Subsection (a) shall apply to prime contracts and subcontracts at any tier.
added “(c) Exceptions—Subsection (a) does not apply under the following circumstances:
added “(1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed.
added “(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States for use outside of the United States.
added “(3) To the purchase by the Secretary of an end item containing a covered material that is—
added “(A) a commercially available off-the-shelf item (as defined in section 104 of title 41); or
added “(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic device is critical to national security.
added “(d) Definitions—In this section:
added “(1) Covered material—The term covered material means—
added “(A) samarium-cobalt magnets;
added “(B) neodymium-iron-boron magnets;
added “(C) tungsten penetrators; and
added “(D) tungsten or tungsten alloy spheres and cubes.
added “(2) Covered nation—The term covered nation means—
added “(A) the Democratic People's Republic of North Korea;
added “(B) the People's Republic of China;
added “(C) the Russian Federation; and
added “(D) the Islamic Republic of Iran.
added “(3) End item—The term end item has the meaning given in section 2533b(m) of this title.”
changed
Use of data—Clerical amendment— The Assistant Secretary table of Defense for Acquisition shall analyze and leverage contents at the data collected under subsection (a) to update policy and guidance related beginning of such subchapter is amended by inserting after the item relating to section 2533b the use of other transactions.following item:
removed
Report required— Not later than December 31, 2018, and each December 31 thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report covering the preceding fiscal year on the Department’s use of other transaction authority. Each report shall summarize and display the data collected under subsection (a) on the nature and extent of the use of the authority, including a summary and detail showing—
removed
organizations involved, quantities, amounts of payments, and purpose, description, and status of projects; and
removed
highlights of successes and challenges using the authority, including case examples.
Sec. 874 Transfer or possession of defense items for national defense purposes
changed
Report formatting plan required—Transfer and possession exceptions— Not later than March 1, 2019, the Secretary of Defense shall provide a plan to the congressional defense committees on activities to standardize the formatting of unclassified Department Section 922(o)(2) of Defense reports required by Congress. Such plan shall include—title 18, United States Code, is amended—
changed
a description of the method for ensuring that reports are created in a platform-independent, machine-readable format that can be retrieved, downloaded, indexed, and searched subparagraph (A), by commonly used web search applications; andstriking “or by” and inserting “, by, or under the authority of”;
changed
a cost estimate and schedule for implementation of by striking “or” at the activities under paragraph (1), with a completion date end of not later than March 1, 2020.subparagraph (A);
added
by striking the period at the end of subparagraph (B) and inserting a semicolon; and
added
by inserting after subparagraph (B) the following new subparagraphs:
added “(C) a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—
added “(i) joint production of a weapon, or integration or incorporation into another article or device;
added “(ii) calibration, testing, or research and development;
added “(iii) permanent or temporary export, or temporary import, otherwise in accordance with law; or
added “(iv) training of Federal, State, local, or foreign government personnel;
added “(D) a transfer to, or possession by, a licensee for the purpose of repair and return of the same to a lawful possessor; or
added “(E) notwithstanding subsection (g)(5)(B), possession by foreign government personnel for official training purposes under the direct and continuous supervision of an authorized Federal, State, or local government official, or a licensee as described in subparagraph (C), provided that, upon completion of the training, such foreign government personnel shall relinquish possession of the same to such official or licensee.”
changed
Online repository plan required—Importation requirements— Not later than March 1, 2019, the Secretary of Defense shall provide a briefing to the congressional defense committees on the feasibility of developing a publically accessible online repository of unclassified reports of the Department Section 925(d) of Defense issued since January 1, 2010. Such briefing shall include—such title is amended—
changed
protocols for inclusion of unclassified reports that, as determined by the Secretary, may not be appropriate for public release in their entirety; andparagraph (3)—
added
by inserting “except as provided in paragraph (5),” before “is of”; and
added
by striking “or” at the end;
changed
a cost estimate and schedule for implementation and maintenance of in paragraph (4), by striking the online repository.period at the end and inserting “; or”; and
added
by inserting after paragraph (4) the following new paragraph:
added “(5) is being imported or brought in by a licensed manufacturer or licensed importer in conformity with, and solely for a purpose described in subparagraph (A), (C), (D), or (E) of section 922(o)(2).”
added
Effective date— This section and the amendments made by this section shall take effect 30 days after the date of the enactment of this Act.
Sec. 875 Expedited hiring authority for shortage category positions in the acquisition workforce
changed
Section 865(b)(1) 1703(j) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 31 U.S.C. 1535 note) title 41, United States Code, is amended—
changed
by striking “that all interagency acquisitions—” and inserting “that—”;in paragraph (1)—
added
by striking “sections 3304, 5333, and 5753 of title 5” and inserting “section 3304 of title 5”;
added
by striking “authorities in those sections” and inserting “authority in such section”; and
added
by striking “certain Federal acquisition positions (as described in subsection (g)(1)(A))” and inserting “the Federal acquisition provisions described in paragraph (2)”; and
changed
in subparagraph (A)—by redesignating paragraph (2) as paragraph (3);
removed
by inserting “all interagency assisted acquisitions” before “include”; and
removed
by inserting “and” after the semicolon;
changed
by striking subparagraph (B); andinserting after paragraph (1) the following new paragraph:
added “(2) Positions described—The Federal acquisition positions described in this paragraph are the following:
added “(A) Any position listed in (g)(1)(A).
added “(B) All positions in the General Schedule Realty series (GS–1170).”
changed
by redesignating subparagraph (C) as subparagraph (B), and in that subparagraph paragraph (3) (as so redesignated), by striking “September 30, 2017” and inserting “all interagency assisted acquisitions” before “include”.“September 30, 2021”.
Sec. 876 Extension of prohibition on providing funds to the enemy
changed
Section 3306(c) 841(n) of title 41, United States Code, the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3455; 10 U.S.C. 2302 note) is amended—amended by striking “December 31, 2019” and inserting “December 31, 2021”.
removed
in paragraph (1), by inserting “except as provided in paragraph (3),” in subparagraphs (B) and (C) after the subparagraph designation; and
removed
by adding at the end the following new paragraphs:
removed
“(3) Exceptions for certain indefinite delivery, indefinite quantity multiple-award contracts and certain Federal Supply Schedule contracts for services acquired on an hourly rate—If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates—
removed
“(A) the contracting officer need not consider price as an evaluation factor for contract award; and
removed
“(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award, cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation.
removed
“(4) Definition—In paragraph (3), the term “qualifying offeror” means an offeror that—
removed
“(A) is determined to be a responsible source;
removed
“(B) submits a proposal that conforms to the requirements of the solicitation;
removed
“(C) meets all technical requirements; and
removed
“(D) is otherwise eligible for award.”
Sec. 877 Repeal of certain determinations required for grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards
added Section 817(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended—
removed
In general— For the purpose of section 863 of Public Law 110–417, an individual acquisition for commercial leasing services shall not be construed as a purchase of property or services if such individual acquisition is made on a no cost basis and pursuant to a multiple award contract awarded in accordance with requirements for full and open competition.
changed
Audit— The Comptroller General of the United States shall—by striking paragraph (1); and
removed
conduct biennial audits of the General Services Administration National Broker Contract to determine—
removed
whether brokers selected under the program provide lower lease rental rates than rates negotiated by General Services Administration staff; and
removed
the impact of the program on the length of time of lease procurements;
removed
conduct a review of whether the application of section 863 of Public Law 110–417 to acquisitions for commercial leasing services resulted in rental cost savings for the Government during the years in which such section was applicable prior to the date of enactment of this section; and
removed
not later than September 30, 2019, and September 30, 2021, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—
removed
summarizes the results of the audit and review required by paragraphs (1) and (2);
removed
includes an assessment of whether the National Broker Contract provides greater efficiencies and savings than the use of General Services Administration staff; and
removed
includes recommendations for improving General Services Administration lease procurements.
changed
Termination— This section shall terminate on December 31, 2022.by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
Sec. 878 Reporting on projects performed through transactions other than contracts, cooperative agreements, and grants
changed
In general—Report required— Not later than 180 days after December 31, 2018, and each December 31 thereafter through December 31, 2021, the date Secretary of Defense shall submit to the enactment of this Act, congressional defense committees a report covering the Administrator for Federal Procurement Policy shall develop, make available for public comment, and finalize—preceding fiscal year on projects described in subsection (b).
removed
a definition of the term “Procurement administrative lead time” or “PALT”, to be applied Government-wide, that describes the amount of time from the date on which a solicitation for a contract or task order is issued to the date of an initial award of the contract or task order; and
removed
a plan for measuring and publicly reporting data on PALT for Federal Government contracts and task orders in amounts greater than the simplified acquisition threshold.
changed
Requirement for definition—Contents— Unless the Administrator determines otherwise, the amount of time in the definition of PALT developed Each report under subsection (a) shall—shall include—
changed
begin on the date on which an initial solicitation is issued by a Federal department or agency for each project performed through a contract transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or task order; and2371b of title 10, United States Code, for which payments made by the Department of Defense exceeded $5,000,000 for such transaction—
added
an identification of the element of the Department of Defense and the person or entity outside of the Department of Defense entering into such transaction;
added
the date of entry into such transaction;
added
the amount of the payments made by the Department of Defense for such transaction;
added
the goals and status of each project carried out under such transaction; and
added
the start date and anticipated end date of each project carried out under such transaction; and
changed
end on the date a description of the award mechanisms, including any policies, guidance, and reporting requirements, established by the Secretary of Defense to regulate the contract use of authority relating to a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or task order.2371b of title 10, United States Code.
removed
Coordination— In developing the definition of PALT, the Administrator shall coordinate with—
removed
the senior procurement executives of Federal agencies;
removed
the Secretary of Defense; and
removed
the Administrator of the General Services Administration on modifying the existing data system of the Federal Government to determine the date on which the initial solicitation is issued.
removed
Use of existing procurement data system— In developing the plan for measuring and publicly reporting data on PALT required by subsection (a), the Administrator shall, to the maximum extent practicable, rely on the information contained in the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code, including any modifications to that system.
Sec. 879 Standardization of formatting and public accessibility of Department of Defense reports to Congress
changed
Briefing required— For each of the fiscal years 2020, 2021, and 2022, Not later than March 1, 2019, the Secretary of Defense shall provide an annotated a briefing to the congressional defense committees regarding Committee on Armed Services of the funding for product support strategies for major weapon systems.House of Representatives on a plan to standardize the formatting and public accessibility of unclassified Department of Defense reports required by Congress. Such briefing shall include a description of the method—
added
for ensuring that reports are created in a platform-independent, machine-readable format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications; and
added
for providing a publically accessible online repository of unclassified reports of the Department of Defense issued since January 1, 2010, including protocols for inclusion of unclassified reports that, as determined by the Secretary, may not be appropriate for public release in their entirety.
changed
Contents—Implementation— The briefing Such plan shall include for each major weapon system—be implemented not later than March 1, 2020.
removed
a current estimate of the total funding required for the product support strategy for specific costs of the weapons system over its expected lifecycle;
removed
a current estimate of the funding required for the product support strategy per year over the future years defense program for the specific product support costs of the weapon system;
removed
a summary of the funding requested for the product support strategy in the future years defense program per year specifically for the weapon system;
removed
a summary of the amounts expended to support costs specific to the weapon system as described in the product support strategy of the weapon system during the prior fiscal year; and
removed
a summary of improvements made to data collection and analysis capabilities of the Department of Defense, including in the military services, to improve the analysis and cost estimation of lifecycle costs, improve the analysis and identification of cost drivers, reduce lifecycle cost variance, identify common and shared costs for multiple weapons systems, and isolate the lifecycle costs attributable to specific individual weapons systems.
Sec. 880 Defending United States Government communications
changed
Statement of policy—Findings— It shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in Congress makes the source selection process.following findings:
added
In its 2011 “Annual Report to Congress on Military and Security Developments Involving the People’s Republic of China”, the Department of Defense stated that, “China’s defense industry has benefitted from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. Progress within individual defense sectors appears linked to the relative integration of each, through China’s civilian economy, into the global production and R&D chain . . . Information technology companies in particular, including Huawei, Datang, and Zhongxing, maintain close ties to the PLA.”.
added
In a 2011 report titled “The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector”, the United States China Commission stated that “[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . Additionally, large Chinese companies—particularly those “national champions” prominent in China’s “going out” strategy of overseas expansion—are directly subject to direction by the Chinese Communist Party, to include support for PRC state policies and goals.”.
added
The Commission further stated in its report that “[f]rom this point of view, the clear economic benefits of foreign investment in the U.S. must be weighed against the potential security concerns related to infrastructure components coming under the control of foreign entities. This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.”.
added
In its 2011 Annual Report to Congress, the United States China Commission stated that “[t]he extent of the state’s control of the Chinese economy is difficult to quantify . . . There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.”.
added
General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had “shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with.”.
added
The Federal Bureau of Investigation, in a February 2015 Counterintelligence Strategy Partnership Intelligence Note stated that, “[w]ith the expanded use of Huawei Technologies Inc. equipment and services in U.S. telecommunications service provider networks, the Chinese Government’s potential access to U.S. business communications is dramatically increasing. Chinese Government-supported telecommunications equipment on U.S. networks may be exploited through Chinese cyber activity, with China’s intelligence services operating as an advanced persistent threat to U.S. networks.”.
added
The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that, “China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure.”.
added
At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, “In the Office of the Secretary of Defense, absolutely not. And I know of no other—I don’t believe we operate in the Pentagon, any [Huawei] systems in the Pentagon.”.
added
At such hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, “as we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable.”.
added
In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping United States-origin items to Iran, paying the United States Government a penalty of $892,360,064 dollars for activity between January 2010 and January 2016.
added
The Treasury Department’s Office of Foreign Assets Control issued a subpoena to Huawei as part of a Federal investigation of alleged violations of trade restrictions on Cuba, Iran, Sudan, and Syria.
added
In the bipartisan Permanent Select Committee on Intelligence of the House of Representatives “Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE” released in 2012, it was recommended that “U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. Similarly, government contractors—particularly those working on contracts for sensitive U.S. programs—should exclude ZTE or Huawei equipment in their systems.”.
added
Christopher Wray, who serves as Director of the Federal Bureau of Investigation, stated in February 2018 during a hearing of the Select Committee on Intelligence of the Senate that he was “deeply concerned about the risks of allowing any company or entity that is beholden to foreign governments that don’t share our values to gain positions of power inside our telecommunications networks. That provides the capacity to exert pressure or control over our telecommunications infrastructure. It provides the capacity to maliciously modify or steal information. And it provides the capacity to conduct undetected espionage.” Admiral Mike Rogers, who served as Director of the National Security Agency, agreed with Director Wray’s characterization, and added that Government programs need “to look long and hard at companies like this”.
added
Director of National Intelligence Dan Coats, Federal Bureau of Investigation Director Christopher Wray, Director of the Defense Intelligence Agency General Robert Ashley, Director of the National Geospatial-Intelligence Agency Robert Cardillo, Director of the National Security Agency Admiral Michael Rogers, and Director of the Central Intelligence Agency Michael Pompeo all indicated by show of hands in February 2018 at a hearing of the Select Committee on Intelligence of the Senate that they would not “use products or services from Huawei or ZTE”.
added
General Paul Nakasone, who served as the Commanding General of United States Army Cyber Command, stated during his confirmation hearing to be National Security Agency director in March 2018 before the Select Committee on Intelligence of the Senate that he “would not” use any Huawei, China Unicom, or China Telecom products nor would he recommend his family do so.
added
Prohibition on certain telecommunications or video surveillance services or equipment—
added
Prohibition on agency use or procurement— Except as provided in paragraph (3), beginning not later than January 1, 2021, the head of an agency may not procure or obtain, may not extend or renew a contract to procure or obtain, and may not enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications or video surveillance equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibitions described in this paragraph include the obligation or expenditure of loans or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.
removed
Revision of federal acquisition regulation— Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that, for solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria are used only in situations in which—
changed
Implementation plan— an executive By not later than 180 days after the date of the enactment of this Act, each agency is able shall develop a plan to comprehensively implement paragraph (1) throughout the agency’s supply chain and clearly describe shall submit such plan to the minimum requirements expressed appropriate congressional committees. Each such plan shall be submitted in terms of performance objectives, measures, and standards that will unclassified form, but may contain a classified annex. The plan for an agency shall include, but not be used limited to, how the agency plans to determine acceptability deal with the impact of offers;white label technology on its supply chain whereby the original manufacturer of technology is not readily apparent to a purchaser or user.
changed
Waiver— the executive The head of an agency would realize no, or minimal, value from may, on a contract proposal exceeding the minimum technical or performance requirements set forth in one time basis, waive the request requirement under paragraph (1) with respect to an entity that requests such a waiver. Such a waiver may be provided for proposal;a period of not more than two years if the entity seeking the waiver—
added
can demonstrate a compelling justification for additional time to implement such paragraph;
added
submits to the head of the agency, who then submits to the appropriate congressional committees within 30 days, a full and complete laydown of the presence of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from its systems;
added
does not permit real-time access to its networks to an entity located or substantially located in a covered foreign country; and
added
provides a written guarantee to the head of the agency that it will not procure such covered telecommunications or video surveillance equipment or services again.
changed
Covered components— the proposed technical approaches With respect to a covered component of an entity for which such entity reasonably believes will require no, or minimal, subjective judgment by not need to be replaced during the source selection authority as 5-year period beginning on the date of the enactment of this Act, such entity shall provide a written assurance to the desirability head of one offeror’s proposal versus the agency for which such covered component is in use that such entity shall replace such covered component, at the end of such covered component’s reasonable lifecycle, with a competing proposal;comparable component that is manufactured by a person other than Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities).
removed
the executive agency has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency;
removed
the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and
removed
the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support.
removed
Avoidance of use of lowest price technically acceptable source selection criteria in certain procurements— To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of—
removed
information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, health care services and records, telecommunications devices and services, or other knowledge-based professional services;
removed
personal protective equipment; or
removed
knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq.
removed
Report requirement— Not later than one year after the date of the enactment of this Act, and annually thereafter for two years, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the number of instances in which lowest price technically acceptable source selection criteria is used for a contract exceeding $5,000,000, including an explanation of how the situations listed in subsection (b) were considered in making a determination to use lowest price technically acceptable source selection criteria.
renumbered
was (6)
Definitions— In this section:
added
The term “appropriate congressional committees” means the Committees on Armed Services of the Senate and House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.
added
The term “agency” has the meaning given that term in section 551 of title 5, United States Code.
added
The term “covered foreign country” means the People’s Republic of China.
added
The term “covered telecommunications or video surveillance equipment or services” means any of the following:
added
Telecommunications or video surveillance equipment produced by Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities).
added
Telecommunications or video surveillance services provided by such entities or using such equipment.
added
Telecommunications or video surveillance equipment or services produced or provided by an entity that the head of the relevant agency reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
added
The term “covered component” means any component that—
added
is part of any equipment, system, or service that uses covered telecommunications or video surveillance equipment or services;
added
is produced by Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities); and
added
cannot route or redirect data traffic or visibility into any data or packets such equipment, system, or service transmits or manipulates.
added
Report—
added
In general— The Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation and the Secretaries of State, Homeland Security, and Defense, shall develop a report outlining the national security risks of use of Huawei, Hytera, Hikvision, Dahua, and ZTE technology, especially as it relates to evidence of malicious software or hardware that enables unauthorized network access or control and the type and level of risk, and a plan to share such report, based on appropriate access to classified information, with U.S. allies, partners, and U.S. cleared defense contractors and telecommunications services providers.
added
Unclassified version— In addition to the classified report required by paragraph (1), an unclassified version of the report shall be made available for U.S. allies and partners as well as impacted telecommunication companies State and local governments that do not have access to classified information.
added
Deadline— The reports required by paragraph (1) and paragraph (2) of this subsection shall be submitted to the appropriate congressional committees (as defined in subsection (b)(4) of this section) not later than 180 days after the date of the enactment of this Act.
removed
Executive agency— The term “executive agency” has the meaning given that term in section 102 of title 40, United States Code, except that the term does not include the Department of Defense.
removed
Contingency operation— The term “contingency operation” has the meaning given that term in section 101 of title 10, United States Code.
removed
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
Sec. 881 Promotion of the use of Government-wide and other interagency contracts
added Section 865(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 31 U.S.C. 1535 note) is amended—
removed
Permanent extension of authority—
removed
In general— Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“2339a. Requirements for information relating to supply chain risk
removed
“(a) Authority—Subject to subsection (b), the head of a covered agency may—
removed
“(1) carry out a covered procurement action; and
removed
“(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
removed
“(b) Determination and notification—The head of a covered agency may exercise the authority provided in subsection (a) only after—
removed
“(1) obtaining a joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense, on the basis of a risk assessment by the Under Secretary of Defense for Intelligence, that there is a significant supply chain risk to a covered system;
removed
“(2) making a determination in writing, in unclassified or classified form, with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment, that—
removed
“(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;
removed
“(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and
removed
“(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and
removed
“(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
removed
“(A) the information required by section 2304(f)(3) of this title;
removed
“(B) the joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense as specified in paragraph (1);
removed
“(C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and
removed
“(D) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
removed
“(c) Delegation—The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency concerned.
removed
“(d) Limitation on disclosure—If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—
removed
“(1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and
removed
“(2) the agency head shall—
removed
“(A) notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action;
removed
“(B) notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and
removed
“(C) ensure the confidentiality of any such notifications.
removed
“(e) Definitions—In this section:
removed
“(1) Head of a covered agency—The term head of a covered agency means each of the following:
removed
“(A) The Secretary of Defense.
removed
“(B) The Secretary of the Army.
removed
“(C) The Secretary of the Navy.
removed
“(D) The Secretary of the Air Force.
removed
“(2) Covered procurement action—The term covered procurement action means any of the following actions, if the action takes place in the course of conducting a covered procurement:
removed
“(A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 2319 of this title for the purpose of reducing supply chain risk in the acquisition of covered systems.
removed
“(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
removed
“(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
removed
“(3) Covered procurement—The term covered procurement means—
removed
“(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 2305(a)(1)(C)(ii) of this title, or an evaluation factor, as provided in section 2305(a)(2)(A) of this title, relating to supply chain risk;
removed
“(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 2304c(d)(3) of this title, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
removed
“(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.
removed
“(4) Supply chain risk—The term supply chain risk means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.
removed
“(5) Covered system—The term covered system means a national security system, as that term is defined in section 3542(b) of title 44.
removed
“(6) Covered item of supply—The term covered item of supply means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
removed
“(7) Appropriate congressional committees—The term appropriate congressional committees means—
removed
“(A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and
removed
“(B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.”
removed
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339 the following new item:
changed
Repeal of obsolete authority— Section 806(g) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2304 note) is hereby repealed.by striking “that all interagency acquisitions—” and inserting “that—”;
added
in subparagraph (A)—
added
by inserting “all interagency assisted acquisitions” before “include”; and
added
by inserting “and” after the semicolon;
added
by striking subparagraph (B); and
added
by redesignating subparagraph (C) as subparagraph (B), and in that subparagraph by inserting “all interagency assisted acquisitions” before “include”.
Sec. 882 Increasing competition at the task order level
changed
Not later than February 1, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense for Research and Engineering, shall review the guidance of the Department of Defense with regard to those portions Section 3306(c) of the Federal Acquisition Regulation regarding commercially available market research, including sections 10.001(a)(2)(vi) and 10.002(b), and market research practices. The review shall, at a minimum—title 41, United States Code, is amended—
changed
assess the impact that conducting market research has on in paragraph (1), by inserting “except as provided in paragraph (3),” in subparagraphs (B) and (C) after the Department’s resources;subparagraph designation; and
changed
ensure that commercially available market research is considered among other sources of research, as appropriate, and reviewed prior to developing new requirements documents for an acquisition by adding at the Department;end the following new paragraphs:
added “(3) Exceptions for certain indefinite delivery, indefinite quantity multiple-award contracts and certain Federal Supply Schedule contracts for services acquired on an hourly rate—If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates—
added “(A) the contracting officer need not consider price as an evaluation factor for contract award; and
added “(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award—
added “(i) the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and
added “(ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation.
added “(4) Definition—In paragraph (3), the term “qualifying offeror” means an offeror that—
added “(A) is determined to be a responsible source;
added “(B) submits a proposal that conforms to the requirements of the solicitation;
added “(C) meets all technical requirements; and
added “(D) is otherwise eligible for award.”
removed
assess the extent to which the legal or regulatory definitions of market research should be made consistent, revised, or expanded;
removed
assess the extent to which guidance pertaining to market research should be revised or expanded; and
removed
evaluate best practices in market research in public and private organizations, including use of information technologies to support such research.
Sec. 883 Individual acquisition for commercial leasing services
added
In general— For the purpose of section 863 of Public Law 110–417, an individual acquisition for commercial leasing services shall not be construed as a purchase of property or services if such individual acquisition is made on a no cost basis and pursuant to a multiple award contract awarded in accordance with requirements for full and open competition.
removed
Study—
removed
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Business Board to convene an integrated review team (in this section referred to as the “exchange team”) to undertake a study on facilitating the exchange of defense industry personnel on term assignments within the Department of Defense.
removed
Member participation—
removed
Defense business board— The Chairman of the Defense Business Board shall select six members from the membership of the Board to participate on the exchange team, including one member to lead the team.
removed
Defense innovation board— The Chairman of the Defense Innovation Board shall select five appropriate members from the membership of their Board to participate on the exchange team.
removed
Defense science board— The Chairman of the Defense Science Board shall select five appropriate members from the membership of their Board to participate on the exchange team.
removed
Required experience— The Chairmen referred to in subparagraphs (A) through (C) shall ensure that members have significant legislative or regulatory expertise and reflect diverse experiences in the public and private sector.
removed
Scope— The study conducted pursuant to paragraph (1) shall—
removed
review legal, ethical, and financial disclosure requirements for industry-government exchanges;
removed
review existing or previous industry-government exchange programs such as the Department of State’s Franklin Fellows Program and the Information Technology Exchange Program;
removed
review how the military departments address legal, ethical, and financial requirements for members of the reserve components who also maintain civilian employment in the defense industry;
removed
produce specific and detailed recommendations for any legislation, including the amendment or repeal of regulations, as well as non-legislative approaches, that the members of the exchange team conducting the study determine necessary to—
removed
reduce barriers to industry-government exchange to encourage the flow of acquisition best practices;
removed
ensure continuing financial and ethical integrity; and
removed
protect the best interests of the Department of Defense; and
removed
produce such additional recommendations for legislation as the members consider appropriate.
removed
Access to information— The Secretary of Defense shall provide the exchange team with timely access to appropriate information, data, resources, and analysis so that the exchange team may conduct a thorough and independent analysis as required under this subsection.
changed
Briefing—Audit— Not later than December 31, 2018, the exchange team shall provide an interim briefing to the congressional defense committees on The Comptroller General of the study conducted under subsection (a)United States shall—
added
conduct biennial audits of the General Services Administration National Broker Contract to determine—
added
whether brokers selected under the program provide lower lease rental rates than rates negotiated by General Services Administration staff; and
added
the impact of the program on the length of time of lease procurements;
added
conduct a review of whether the application of section 863 of Public Law 110–417 to acquisitions for commercial leasing services resulted in rental cost savings for the Government during the years in which such section was applicable prior to the date of enactment of this section; and
added
not later than September 30, 2019, and September 30, 2021, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—
added
summarizes the results of the audit and review required by paragraphs (1) and (2);
added
includes an assessment of whether the National Broker Contract provides greater efficiencies and savings than the use of General Services Administration staff; and
added
includes recommendations for improving General Services Administration lease procurements.
changed
Final report—Termination— Not later than March 1, 2019, the exchange team This section shall submit a final report terminate on the study to the Under Secretary of Defense for Acquisition and Sustainment and the congressional defense committees.December 31, 2022.
Sec. 884 Procurement administrative lead time definition and plan
changed
Program authorized—In general— The Secretary Not later than 180 days after the date of Defense shall establish an exchange program under which the Under Secretary enactment of Defense this Act, the Administrator for Acquisition and Sustainment Federal Procurement Policy shall arrange develop, make available for the temporary assignment of civilian personnel in the Department of Defense acquisition workforce.public comment, and finalize—
added
a definition of the term “Procurement administrative lead time” or “PALT”, to be applied Government-wide, that describes the amount of time from the date on which a solicitation for a contract or task order is issued to the date of an initial award of the contract or task order; and
added
a plan for measuring and publicly reporting data on PALT for Federal Government contracts and task orders in amounts greater than the simplified acquisition threshold.
changed
Purposes—Requirement for definition— The purposes Unless the Administrator determines otherwise, the amount of time in the exchange program established pursuant to definition of PALT developed under subsection (a) are—shall—
changed
to familiarize personnel from the acquisition workforce with the equities, priorities, processes, culture, and workforce of begin on the acquisition-related defense agencies;date on which an initial solicitation is issued by a Federal department or agency for a contract or task order; and
changed
to enable participants in end on the exchange program to return date of the expertise gained through their exchanges to their original organizations; andaward of the contract or task order.
added
Coordination— In developing the definition of PALT, the Administrator shall coordinate with—
removed
to improve communication between and integration of the organizations that support the policy, implementation, and oversight of defense acquisition through lasting relationships.
removed
Participants—
removed
Number of participants— The Under Secretary shall select not less than 10 and no more than 20 participants per year for participation in the exchange program established under subsection (a).
changed
Criteria for selection— The Under Secretary shall select participants for the exchange program established under subsection (a) from among mid-career employees and based on—senior procurement executives of Federal agencies;
added
the Secretary of Defense; and
added
the Administrator of the General Services Administration on modifying the existing data system of the Federal Government to determine the date on which the initial solicitation is issued.
removed
the qualifications and desire to participate in the program of the employee; and
removed
the technical needs and capacities of the acquisition workforce, as applicable.
changed
Terms—Use of existing procurement data system— Exchanges pursuant to In developing the exchange program established under subsection (a) shall be plan for terms of one to two years, as determined measuring and negotiated publicly reporting data on PALT required by subsection (a), the Under Secretary. The terms may begin and end Administrator shall, to the maximum extent practicable, rely on a rolling basis.the information contained in the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code, including any modifications to that system.
removed
Guidance and implementation—
removed
Guidance— Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall develop and submit to the congressional defense committees interim guidance on the form and contours of the exchange program established under subsection (a).
removed
Implementation— Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall implement the guidance developed under paragraph (1).
Sec. 885 Report on funding of product support strategies
changed
Process and procedures—Report required— The For each of the fiscal years 2020, 2021, and 2022, the Secretary of Defense shall develop a process and procedures include with the budget for limiting foreign access the Department of Defense, as submitted to technology through contracts, grants, cooperative agreements, Congress pursuant to section 1105 of title 31, United States Code, a report regarding the funding for product support strategies for major weapon systems. The Secretary may submit this report separately, or other transactions, when such limitation is in as part of the interest annex required by section 347 of national security.the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
changed
Report—Contents— Not later than September 1, 2019, the Secretary shall submit to the congressional defense committees a report on the process and procedures developed pursuant to subsection (a). The report shall include the following elements:for each major weapon system—
changed
An assessment a current estimate of the Department total funding required for the product support strategy for the lifecycle of Defense's ability through existing authorities to limit foreign access to technology through contracts, grants, cooperative agreements, or other transactions.the weapon system;
changed
An assessment a current estimate of the Department’s need to implement a process to limit foreign access to technology.funding required for the product support strategy per year, by appropriation and budget activity, over the future years defense program for the weapon system;
changed
Recommendations a summary of the funding requested for penalties the product support strategy in the future years defense program per year, by appropriation and budget activity, for violations of access, including intellectual property forfeiture.the weapon system;
added
should the amounts required pursuant to paragraph (2) differ from the amounts requested pursuant to paragraph (3) by more than 5 percent, an explanation for the variance and a description of the actions that will be taken to mitigate the risk to the sustainment of the weapon system;
added
a summary of the amounts expended, by appropriation and budget activity, for the product support strategy of the weapon system during the prior fiscal year; and
added
should the amounts expended in the prior fiscal year pursuant to paragraph (5) differ from the amounts required for that fiscal year, pursuant to paragraph (2) by more than 5 percent, an explanation for the variance and a description of the actions that will be taken to mitigate the risk to the sustainment of the weapon system.
removed
Considerations— The process and procedures developed under subsection (a) shall be consistent with all existing law, including laws relating to trade agreements, individual protections, export controls, and the National Technology and Industrial Base (NTIB).
Sec. 886 Use of lowest price technically acceptable source selection process
added
Statement of policy— It shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process.
added
Revision of federal acquisition regulation— Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that, for solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria are used only in situations in which—
added
an executive agency is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers;
added
the executive agency would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal;
added
the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal;
added
the source selection authority has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency;
added
the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and
added
the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support.
added
Avoidance of use of lowest price technically acceptable source selection criteria in certain procurements— To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of—
added
information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, or other knowledge-based professional services;
added
personal protective equipment; or
added
knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq.
added
Reporting— Not later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the number of instances in which lowest price technically acceptable source selection criteria is used for a contract exceeding $2,000,000, including an explanation of how the situations listed in subsection (b) were considered in making a determination to use lowest price technically acceptable source selection criteria.
added
Definitions— In this section:
added
Executive agency— The term “executive agency” has the meaning given that term in section 102 of title 40, United States Code, except that the term does not include the Department of Defense.
added
Contingency operation— The term “contingency operation” has the meaning given that term in section 101 of title 10, United States Code.
added
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
removed
Section 2373(a) of title 10, United States Code, is amended by inserting “telecommunications,” after “space-flight,”.
Sec. 887 Sense of Congress regarding steel produced in the United States
changed
In general—Findings— Section 139(e) of title 10, United States Code, is amended by adding at the end Congress finds the following new paragraph:following:
added
Frequent surges in unfairly trade steel imports have materially injured the iron ore and steel industries in the United States, putting our national, economic, and energy security at risk.
added
High-quality American steel products are vital to the success of the United States military and are used in a variety of applications from aircraft carriers to armor plate for tanks as well as critical energy infrastructure like the electrical grid and energy pipelines.
added
Domestic producers of defense-related steel products are dependent on the overall financial health of the iron ore and steel industries in the United States.
added
The loss of a strong domestic iron ore and steel industry would make the United States dangerously dependent upon foreign sources of steel, such as China.
removed
“(4) The Director shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of operational or live fire test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.”
changed
Additional testing data—Sense of Congress— Developmental Test and Evaluation activities under the leadership of the Under Secretary of Defense for Research and Engineering and It is the Under Secretary sense of Defense for Acquisition and Sustainment shall have prompt access to all data regarding modeling Congress that a strong domestic iron ore and simulation activity proposed steel industry is vital to be used by military departments and defense agencies in support of developmental test and evaluation the national security of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.the United States.
Sec. 888 Instruction on pilot program regarding employment of persons with disabilities
removed
removed
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update the Defense Federal Acquisition Regulatory Supplement to include an instruction on the pilot program regarding employment of persons with disabilities authorized under section 853 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).
Sec. 889 Prohibition on certain telecommunications and video surveillance services or equipment
removed
removed
Prohibition on use or procurement—
removed
The head of an executive agency may not—
removed
procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
removed
enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
removed
Nothing in paragraph (1) shall be construed to—
removed
prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
removed
cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
removed
Prohibition on loan and grant funds—
removed
The head of an executive agency may not obligate or expend loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or systems described in subsection (a).
removed
In implementing the prohibition in paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs, including the heads of the Federal Communications Commission, the Department of Agriculture, the Department of Homeland Security, the Small Business Administration, and the Department of Commerce, shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
removed
Nothing in this subsection shall be construed to—
removed
prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
removed
cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
removed
Effective dates— The prohibition under subsection (a)(1)(A) shall take effect one year after the date of the enactment of this Act, and the prohibitions under subsections (a)(1)(B) and (b)(1) shall take effect two years after the date of the enactment of this Act.
removed
Waiver authority—
removed
Executive agencies— The head of an executive agency may, on a one-time basis, waive the requirements under subsection (a) with respect to an entity that requests such a waiver. The waiver may be provided, for a period of not more than two years after the effective dates described in subsection (c), if the entity seeking the waiver—
removed
provides a compelling justification for the additional time to implement the requirements under such subsection, as determined by the head of the executive agency; and
removed
submits to the head of the executive agency, who shall not later than 30 days thereafter submit to the appropriate congressional committees, a full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from the entity's systems.
removed
Director of National Intelligence— The Director of National Intelligence may provide a waiver on a date later than the effective dates described in subsection (c) if the Director determines the waiver is in the national security interests of the United States.
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term appropriate congressional committees’ means—
removed
the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
removed
the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives.
removed
Covered foreign country— The term covered foreign country means the People’s Republic of China.
removed
Covered telecommunications equipment or services— The term covered telecommunications equipment or services means any of the following:
removed
Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
removed
For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
removed
Telecommunications or video surveillance services provided by such entities or using such equipment.
removed
Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
removed
Executive agency— The term executive agency has the meaning given the term in section 133 of title 41, United States Code.
Sec. 890 Pilot program to accelerate contracting and pricing processes
removed
removed
In general— The Secretary of Defense shall establish a pilot program to reform and accelerate the contracting and pricing processes associated with contracts in excess of $50,000,000 by—
removed
basing price reasonableness determinations on actual cost and pricing data for purchases of the same or similar products for the Department of Defense; and
removed
reducing the cost and pricing data to be submitted in accordance with section 2306a of title 10, United States Code.
removed
Limitation— The pilot program authorized under subsection (a) may include no more than ten contracts, and none of the selected contracts may be part of a major defense acquisition program (as that term is defined under section 2430 of title 10, United States Code).
removed
Report— Not later than January 30, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program authorized under subsection (a) and an assessment of whether the program should be continued or expanded.
removed
Sunset— The authority to carry out the pilot program under this section shall expire on January 2, 2021.
Sec. 901 Authority of Secretary of Defense to determine command and control relationships
changed
Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House Section 113 of Representatives a report setting forth title 10, United States Code, is amended by inserting after subsection (k) the following:
added “(l) Command and control authority—The Secretary of Defense shall have the authority to determine command and control relationships within the military departments, Defense Agencies, and other organizations and elements of the Department of Defense, including the United States Fleet Forces Command and the United States Transportation Command, as necessary to fulfill the responsibilities of the Secretary under this title.”
removed
A list of each provision of law, whether within or outside title 10, United States Code, in force as of the date of the report that, as of that date, assigns a duty, responsibility, or other requirement to the Under Secretary of Defense for Acquisition, Technology, and Logistics.
removed
For each duty, responsibility, or other requirement specified in a provision of law listed pursuant to paragraph (1), the allocation of such duty, responsibility, or requirement within the Department of Defense, including—
removed
solely to the Under Secretary of Defense for Research and Engineering;
removed
solely to the Under Secretary of Defense for Acquisition and Sustainment;
removed
on a shared basis between the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment;
removed
solely to another official or organization of the Department;
removed
on a shared basis between other officials and organizations of the Department; or
removed
not allocated.
Sec. 902 Civilian personnel management
added Section 129 of title 10, United States Code, is amended—
removed
General responsibilities— Paragraph (2) of section 134(b) of title 10, United States Code, is amended to read as follows:
removed
“(2) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have overall direction and supervision for—
removed
“(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy (as described by section 113 of this title) and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains;
removed
“(B) the integration of the activities of the Department into the National Security Strategy of the United States;
removed
“(C) the development of policy guidance for the preparation of campaign and contingency plans by the combatant commands, and for the review of such plans;
removed
“(D) the preparation of policy guidance for the development of the global force posture; and
removed
“(E) the development of the Defense Planning Guidance that guides the formulation of program and budget requests by the military departments and other elements of the Department.”
changed
Responsibilities in connection with joint force capabilities and readiness— Such section is further amended in subsection (a), by adding at the striking “Any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees shall be developed on the following new paragraph:basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances.” and inserting “The cost of the civilian workforce as prescribed by Department of Defense Instruction 7041.04, issued in 2013 or any successor guidance, shall be compared to the costs of the military and contract workforces, consistent with the requirements of section 129a, 2461, and 2463 of this title.”; and
added
in subsection (c)(2)—
added
in each of subparagraphs (A) and (B), by inserting “and associated costs” after “projected size”; and
added
in subparagraph (B), by striking “that have been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce” and inserting “to reduce the overall costs of the total force of military, civilian, and contract workforces consistent with sections 129a, 2461, and 2463 of this title”.
removed
“(5) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall coordinate with the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation to—
removed
“(A) develop planning scenarios that describe the present and future strategic and operational environments by which to assess joint force capabilities and readiness; and
removed
“(B) develop specific objectives that the joint force should be ready to achieve, and conduct assessments of the capability (in terms of both capacity and readiness) of the joint force to achieve such objectives.”
Sec. 903 Performance of civilian functions by military personnel
changed
Section 142(b)(1) 129a(g)(1) of title 10, United States Code, is amended—
changed
in subparagraph (A), by striking “or required by a mission” and inserting “(other than with respect “pursuant to business systems Department of Defense Instruction 7041.04, issued on July 3, 2013, or any successor guidance, and management)” after “sections 3506(a)(2)”;when required by a mission within the military occupational specialty for which the military personnel have been trained”; and
changed
in subparagraph (B), by striking “section 11315 of title 40” and inserting “sections 11315 “, and 11319 of title 40 (other than with respect only if the functions to business systems and management)”; andbe performed by military personnel are consistent with the training requirements for the military occupational specialty for which such personnel have been trained” before the period at the end.
removed
in subparagraph (C), by striking “sections 2222, 2223(a), and 2224 of this title” and inserting “sections 2223(a) (other than with respect to business systems and management) and 2224 of this title”.
Sec. 904 Roles of Under Secretary of Defense for Policy and Under Secretary of Defense for Intelligence
added
Under Secretary of Defense for Policy— Section 134(b) of title 10, United States Code, is amended—
added
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
added
by inserting after paragraph (2) the following new paragraph (3):
added “(3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have the overall direction and supervision for—
added “(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains; and
added “(B) the integration of the activities of the Department of Defense into the National Security Strategy of the United States.”
added
in paragraph (4), as redesignated by paragraph (1) of this subsection, by inserting “policy making” before “activities”.
added
Under Secretary of Defense for Intelligence— Section 137(b) of title 10, United States Code, as amended by section 1621, is further amended—
added
in paragraph (3), by striking “; and” and inserting a semicolon;
added
by redesignating paragraph (4) as paragraph (5); and
added
by inserting after paragraph (3) the following new paragraph (4):
added “(4) have responsibility for supervising and directing, and overseeing Department of Defense activities, other than policy making activities, with respect to technology protection relating to export controls; and”
removed
Section 196 of title 10, United States Code, is amended in subsections (c)(1)(B) and (g) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.
Sec. 905 Designation of Navy commanders
added Section 5013 of title 10, United States Code, is amended by adding at the end the following new subsections:
added “(h) The Secretary of the Navy shall designate a single commander within the Department of the Navy who shall serve as the official with principal responsibility in such Department for ensuring that forces of the Navy are available for tasking and deployment, including forces that may be operating from a forward deployed location.
added “(i) The Secretary of the Navy shall designate a single commander within the Department of the Navy who shall serve as the official with principal responsibility in such Department for the oversight and management of the shipyards of the Navy, including shipyards outside the United States.”
removed
In general— In addition to any other duties specified for the Defense Technical Information Center by law, regulation, or Department of Defense directive or instruction, the duties of the Center shall include the following:
removed
To execute the Global Research Watch Program under section 2365 of title 10, United States Code.
removed
To develop and maintain datasets and other data repositories on research and engineering activities being conducted within the Department.
removed
Action plan— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan of action for the commencement by the Defense Technical Information Center of the duties specified in subsection (a).
Sec. 911 Authorities and responsibilities of the Chief Management Officer of the Department of Defense
added
Authorities and responsibilities—
added
In general— Section 132a(b) of title 10, United States Code, is amended—
added
by amending paragraph (3) to read as follows:
added “(3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities with respect to the covered activities.”
added
by adding at the end the following:
added “(7) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts and maximizing efficiency and effectiveness among all organizations and elements of the Department (other than the military departments) with respect to the covered activities.”
added
Budget authority— Section 132a of title 10, United States Code (as amended by paragraph (1)) is further amended—
added
by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; and
added
by inserting after subsection (b) the following:
added “(c) Budget Authority
added “(1)
added “(A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity to transmit the proposed budget for the covered activities of such Agency or Activity for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Chief Management Officer for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).
added “(B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each proposed budget achieves an adequate level of efficiency and effectiveness with respect to the covered activities.
added “(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report that includes the following:
added “(i) Each proposed budget for the covered activities of a Defense Agency or a Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A).
added “(ii) Identification of each proposed budget contained in the most-recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving an adequate level of efficiency and effectiveness with respect to the covered activities.
added “(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequate levels of efficiency and effectiveness achieved by the proposed budgets identified in the report.
added “(iv) Any additional comments that the Secretary considers appropriate regarding the inadequate levels of efficiency and effectiveness achieved by the proposed budgets.
added “(2) None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the covered activities of a Defense Agency or a Department of Defense Field Activity may be obligated or expended unless—
added “(A) the head of the Agency or Activity submits to the Chief Management Officer a plan for the obligation and expenditure of such funds; and
added “(B) the Chief Management Officer approves the plan.
added “(3) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.”
added
Covered activities defined— Section 132a of title 10, United States Code (as amended by paragraphs (1) and (2)) is further amended by adding at the end the following:
added “(f) Covered activities defined—In this section, the term “covered activities” means any activity relating to civilian resources management, logistics management, services contracting, or real estate management.”
added
Streamlining of certain functions across the Department of Defense—
added
Streamlining of functions—
added
In general— Except as provided in subparagraph (B), not later than January 1, 2021, and not less frequently than once every five years thereafter, the Secretary of Defense, acting through the Chief Management Officer of the Department Defense, shall reduce or eliminate duplicative functions across all organizations and elements of the Department of Defense with respect to the covered activities.
added
Exception— The military services shall not be included in any reductions or eliminations carried out under subparagraph (A) on or before January 1, 2021.
added
Certification and review of cost savings—
added
Certification— Not later January 1, 2021, the Chief Management Officer shall certify to the congressional defense committees that the reductions and eliminations carried out under paragraph (1) accomplished savings with respect to the total amount obligated and expended for the covered activities in fiscal year 2020 that were not less than 25 percent of the baseline amount.
added
GAO Review— Not later than 30 days after the submission of the certification under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies whether the savings reported by the Chief Management Officer under such subparagraph are accurate.
added
Baseline amount— For the purposes of this paragraph, the baseline amount is the total amount obligated and expended by organizations and elements of the Department of Defense other than the military services for fiscal year 2018 for the covered activities—
added
increased by a credit for the amount of any reductions in the costs of such activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with section 346 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;.10 U.S.C. 111 note); and
added
decreased by the amount of any reductions in costs for such activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with other sections of this subtitle.
added
Treatment of certain cost savings— For the purposes of calculating the percentage cost savings accomplished by the Chief Management Officer under subparagraph (A), any reduction in costs documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with section 346 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;.10 U.S.C. 111 note) shall be treated as a reduction accomplished by the Chief Management Officer under paragraph (1).
added
Plan and review—
added
Plan required— Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for complying with paragraphs (1) and (2).
added
GAO Review— Not later than 30 days after the submission of the plan under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies—
added
whether the plan submitted under subparagraph (A) is feasible; and
added
whether any cost savings expected to result from the plan are accurate.
added
Subsequent reports and reviews—
added
CMO Reports— Not later than January 1 of every fifth calendar year beginning with January 1, 2026, the Chief Management Officer shall submit to the congressional defense committees a report that describes the activities carried out by the Chief Management Officer under paragraph (1) during the preceding five years, including an estimate of any cost savings achieved as a result of such activities.
added
GAO Review— Not later than 30 days after the submission of each report under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies—
added
whether the activities described in the report under subparagraph (A) were carried out; and
added
whether any cost savings estimated in the report are accurate.
removed
In general— The Secretary of the Navy shall conduct a comprehensive review of the operational and administrative chains-of-command and functions of the Department of the Navy.
removed
Elements— In conducting the review required by subsection (a), the Secretary shall consider options to do each of the following:
removed
Increase visibility of unit-level readiness at senior levels.
removed
Reduce so-called “double-hatting” and “triple-hatting” commanders.
removed
Clarify organizations responsible and accountable for training and certification at the unit, group, and fleet level.
changed
Covered activities defined— Simplify reporting requirements applicable to commanding officers.In this subsection, the term “covered activities” has the meaning given that term in section 132a(f) of title 10, United States Code, as added by subsection (a) of this section.
removed
Report—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review required by subsection (a). The report shall include the following:
removed
The results of the review, including any findings of the Secretary as a result of the review.
removed
Any organizational changes in operational or administrative chains-of-command or functions of the Department undertaken or to be undertaken by the Secretary in light of the review.
removed
Any recommendations for legislative or administration action with respect to the operational or administrative chains-of-command or functions of the Department the Secretary considers appropriate in light of the review.
removed
Form— The report under this subsection shall be submitted in unclassified form, but may include a classified annex.
Sec. 912 Authorities and responsibilities of the Inspector General of the Department of Defense
added
Additional responsibilities and authorities— Section 141 of title 10, United States Code, is amended by adding at the end the following:
added “(c) In addition to the duties, responsibilities, and powers referred to in subsection (b), the Inspector General of the Department shall serve as the official with principal responsibility in the Department for minimizing the duplication of efforts and maximizing efficiency among the Inspectors General across all organizations and elements of the Department with respect to the covered activities.
added “(d)
added “(1)
added “(A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require each Inspector General of an organization or element of the Department of Defense to transmit the proposed budget for the covered activities of the Office of such Inspector General for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Inspector General of the Department of Defense for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).
added “(B) The Inspector General of the Department of Defense shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Inspector General with respect to all such proposed budgets, together with the certification of the Inspector General regarding whether each proposed budget achieves an adequate level of efficiency and effectiveness with respect to the covered activities.
added “(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report that includes the following:
added “(i) Each proposed budget for the covered activities of an Inspector General of an organization or element of the Department of Defense that was transmitted to the Inspector General of the Department under subparagraph (A).
added “(ii) Identification of each proposed budget contained in the most-recent report submitted under subparagraph (B) that the Inspector General of the Department did not certify as achieving an adequate level of efficiency and effectiveness with respect to the covered activities.
added “(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequate levels of efficiency and effectiveness achieved by the proposed budgets identified in the report.
added “(iv) Any additional comments that the Secretary considers appropriate regarding the inadequate levels of efficiency and effectiveness achieved by the proposed budgets.
added “(2) None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the covered activities of an Inspector General of an organization or element of the Department of Defense may be obligated or expended unless—
added “(A) the Inspector General of the organization or element submits to the Inspector General of the Department of Defense a plan for the obligation and expenditure of such funds; and
added “(B) the Inspector General of the Department of Defense approves the plan.
added “(e) In this section, the term “covered activities” means any activity relating to public affairs, human resources, contracting, services contracting, or any other cross-enterprise activities of the Inspectors General of the organizations and elements of the Department of Defense, as determined by the Inspector General of the Department.”
added
Streamlining of functions— Not later than January 1, 2021, the Secretary of Defense, acting through the Inspector General of the Department Defense, shall reduce or eliminate duplicative functions among the Inspectors General across all organizations and elements of the Department with respect to the covered activities.
added
Plan required— Not later than March 1, 2020, the Inspector General of the Department of Defense shall submit to the congressional defense committees a plan for complying with subsection (b).
added
Covered activities defined— In this section, the term “covered activities” has the meaning given that term in section 141(e) of title 10, United States Code, as added by subsection (a) of this section.
removed
Subparagraph (D) of section 153(a)(6) of title 10, United States Code, is amended to read as follows:
removed
“(D) formulating policies for development and experimentation on both urgent and long-term concepts for joint force employment, including establishment of a process within the Joint Staff for analyzing and prioritizing gaps in capabilities that could potentially be addressed by joint concept development using existing or modified joint force capabilities;”
Sec. 913 Transition of certain Defense Agencies and Department of Defense Field Activities
added
Defense Information Systems Agency—
added
Transfer of functions— Not later than January 1, 2021, the Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall—
added
transfer all information technology contracting and acquisition services of the Defense Information Systems Agency to other elements of the Department of Defense, which may include the transfer of such services to the military departments; and
added
transfer all senior leader communications functions of the Agency to other elements of the Department of Defense.
added
Transition plan— Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for the transfers required under paragraph (1).
added
Elimination of Washington Headquarters Services—
added
Elimination required— Not later than January 1, 2021, the Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall eliminate the Washington Headquarters Services.
added
Transfer or elimination—
added
Transfer— The Chief Management Officer shall transfer to other elements of the Office of the Secretary of Defense only such functions of the Washington Headquarters Services as are necessary to carry out an essential function not otherwise carried out by such Office, as determined by the Chief Management Officer.
added
Elimination— Any functions of the Washington Headquarters Services that are not transferred to another element of the Office of the Secretary of Defense under subparagraph (A) shall be eliminated.
added
Transfer or disposition of assets— The Chief Management Officer shall dispose of, or transfer to other elements of the Office of the Secretary of Defense, any assets of the Washington Headquarters Services.
added
Transition plan— Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for the eliminations and transfers required under this subsection.
added
Review of Defense Agencies and Department of Defense Field Activities—
added
Review required— The Chief Management Officer of the Department of Defense shall review the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. As part of the review, the Chief Management Officer shall identify each function of an Agency or Activity that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense.
added
Report— Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a report that includes the results of the review conducted under paragraph (1).
added
CMO Verification and Transition plan— Together with the submission of the report under paragraph (2) and based on the results of the review conducted under paragraph (1), the Chief Management Officer shall submit to the congressional defense committees—
added
a list identifying each Defense Agency and Department of Defense Field Activity that the Chief Management Officer has determined—
added
operates efficiently and effectively; and
added
does not carry out any function that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense; and
added
with respect to each Agency or Activity not included on the list under subparagraph (A), a plan for—
added
eliminating the Agency or Activity; or
added
transferring some or all of the functions of the Agency or Activity to another organization or element of the Department of Defense.
added
Clarification of authorities of the Secretary of Defense—
added
In general— Except as provided in paragraph (2), the Secretary of Defense shall have the authority to establish or terminate any Defense Agency or Department of Defense Field Activity.
added
Exceptions— The authority of the Secretary of Defense to establish or terminate a Defense Agency or Department of Defense Field Activity under paragraph (1) does not apply to an Agency or Activity that is specifically established or terminated by an Act of Congress.
added
References— Any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to a Defense Agency or Department of Defense Field Activity terminated by the Secretary of Defense under paragraph (1), or to the head of such an Agency or Activity, shall be deemed to be a reference to the Secretary of Defense.
added
Notice requirement— The Secretary of Defense may not terminate a Defense Agency or Department of Defense Field Activity until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees—
added
notice of the intent of the Secretary to terminate the Agency or Activity; and
added
recommendations for legislative actions that may be required as a result of such termination.
removed
Section 153(b) of title 10, United States Code, is amended—
removed
in paragraph (1)(D)(iii), by striking “military strategic and operational risks” and inserting “military risk”; and
removed
in paragraph (2)(B)(ii), by striking “military strategic and operational risks to United States interests and the military strategic and operational risks in executing the National Military Strategy (or update)” and inserting “military strategic risks to United States interests and military risks in executing the National Military Strategy (or update)”.
Sec. 914 Actions to increase the efficiency and transparency of the Defense Logistics Agency
changed
Review required—System and capability— The Assistant Secretary Not later than January 1, 2021, the Director of the Defense for Special Operations Logistics Agency and Low Intensity Conflict shall, in coordination with the Commander Chief Management Officer of the United States Special Operations Command, conduct a comprehensive review Department of Defense shall jointly, in consultation with the United States Special Operations Command for purposes of ensuring that customers served by the institutional Agency, develop and operational capabilities of special operations forces are appropriate to counter anticipated future threats across the spectrum of conflict.implement—
added
a comprehensive system that enables customers of the Agency to view—
added
the inventory of items and materials available to customers from the Agency; and
added
the delivery status of items and materials that are in transit to customers; and
added
a predictive analytics capability designed to increase the efficiency of the system described in paragraph (1) by identifying emerging customer needs with respect to items and materials supplied by the Agency, including any emerging needs arising from the use of new weapon systems by customers.
changed
Scope of review—Actions to increase efficiency— The review required by subsection (a) shall include, at a minimum, Not later than January 1, 2021, the following:Director of the Defense Logistics Agency and the Chief Management Officer shall jointly—
changed
An assessment of reduce the adequacy of special operations forces doctrine, organization, training, materiel, education, personnel, and facilities rates charged to implement the 2018 National Defense Strategy, and recommendations, if any, for modifications for that purpose.customers, in aggregate, by not less than 10 percent;
changed
An assessment of eliminate the roles and responsibilities of special operations forces as assigned by law, Department of Defense guidance, or other formal designation, and recommendations, if any, for additions to or divestitures duplication of such roles or responsibilities.services within the Agency; and
changed
An assessment of the adequacy of the processes through which the United States Special Operations Command evaluates and prioritizes the requirements at the geographic combatant commands for special operations forces and special operations-unique capabilities establish specific goals and makes recommendations on metrics to ensure that the allocation Agency is fulfilling its mission of special operations forces providing items and special operations-unique capabilities materials to meet such requirements, customers with sufficient speed and recommendations, if any, for modifications in sufficient quantities to ensure the lethality and readiness of such processes.warfighters.
added
Plan required— Not later than March 1, 2020, the Director of the Defense Logistics Agency and the Chief Management Officer shall jointly submit to the congressional defense committees a plan that describes how the Director and the Chief Management Officer will achieve compliance with the requirements of subsections (a) and (b).
removed
Any other matters the Assistant Secretary considers appropriate.
removed
Deadlines—
removed
Completion of review— The review required by subsection (a) shall be completed by not later than 270 days after the date of the enactment of this Act.
removed
Report— Not later than 30 days after completion of the review, the Assistant Secretary shall submit to the congressional defense committees a report on the review, including the findings and any recommendations of the Assistant Secretary as a result of the review.
Sec. 915 Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency
added
Review required— The Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall direct the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense (Comptroller) to conduct a joint review of the functions of the Defense Contract Audit Agency and the Defense Contract Management Agency. The review shall include—
added
a validation of the missions and functions of each Agency;
added
a determination of whether there are functions performed by either Agency that could more appropriately be performed by—
added
the other Agency;
added
any other organization or element of the Department of Defense, including the military departments; or
added
commercial providers; and
added
a validation of the continued need for two separate Agencies with oversight for defense contracting.
added
Report required— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of the review conducted under subsection (a).
removed
Section 5016(b)(4)(A) of title 10, United States Code, is amended by striking “and acquisition matters” and inserting “acquisition, and sustainment (including maintenance) matters”.
Sec. 916 Streamlining of Defense Finance and Accounting Services
changed
Department of the Army—In general— An individual may not be appointed as Deputy Not later than January 1, 2021, the Chief Management Officer of and the Department Under Secretary of Defense (Comptroller) shall jointly carry out activities to streamline, reduce duplication, and make more effective the Army unless operations of the individual—Defense Finance and Accounting Services.
removed
has significant experience in business operations or management in the public sector; or
removed
has significant experience managing an enterprise in the private sector.
changed
Department of the Navy—Plan required— An individual may not be appointed as Deputy Not later than March 1, 2020, the Chief Management Officer of and the Department Under Secretary of Defense (Comptroller) shall jointly submit to the Navy unless congressional defense committees a plan for carrying out the individual—activities required under subsection (a).
removed
has significant experience in business operations or management in the public sector; or
removed
has significant experience managing an enterprise in the private sector.
changed
Department Rule of the Air Force—construction— An individual may not Nothing in this section shall be appointed as Deputy Chief Management Officer of construed to encourage or require the Department termination of the Air Force unless any personnel or positions within the individual—Defense Finance and Accounting Services.
removed
has significant experience in business operations or management in the public sector; or
removed
has significant experience managing an enterprise in the private sector.
Sec. 917 Reduction in number of Chief Information Officers in the Senior Executive Service
changed
The Secretary of Defense shall ensure that With respect to the implementation of section 922 total number of Chief Information Officer positions within the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2354) Department of Defense, during calendar year 2021 and the amendments made by that section is fully complete by each year thereafter not later more than 90 days after the date five of the enactment such positions may be Senior Executive Service positions (as that term is described in section 3132(a)(2) of this Act.title 5, United States Code).
Sec. 918 General provisions
added
Consolidated report— The plans and reports required to be submitted to the congressional defense committees under this subtitle on or before March 1, 2020, may be combined and submitted in the form of a single, consolidated document.
added
Definitions— In this subtitle:
removed
Cross-functional team on electronic warfare—
removed
In general— Among the cross-functional teams established by the Secretary of Defense pursuant to subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note) in support of the organizational strategy for the Department of Defense required by subsection (a) of that section, the Secretary shall establish a cross-functional team on electronic warfare.
removed
Establishment and activities— The cross-functional team established pursuant to paragraph (1) shall be established in accordance with subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017, and shall be governed in its activities in accordance with the provisions of such subsection (c).
removed
Deadline for establishment— The cross-functional team required by paragraph (1) shall be established by not later than 90 days after the date of the enactment of this Act.
removed
Additional cross-functional teams matters—
removed
Criteria for distinguishing among cross-functional teams— Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue criteria that distinguish cross-functional teams under section 911 of the National Defense Authorization Act for Fiscal Year 2017 from other types of cross-functional working groups, committees, integrated product teams, and task forces of the Department.
changed
Primary responsibility for implementation of teams— The Deputy Secretary term “Chief Management Officer” means the Chief Management Officer of Defense shall establish or designate an office within the Department that shall have primary responsibility for implementing section 911 of the National Defense Authorization Act for Fiscal Year 2017.Defense.
added
The terms “Defense Agency”, “Department of Defense Field Activity”, and “military departments” have the meanings given the terms in section 101(a) of title 10, United States Code.
added
Conforming amendment— Section 143(b) of title 10, United States Code, is amended by striking “and the Washington Headquarters Services of the Department of Defense”.
added
Effective date— The amendment made by subsection (c) shall take effect on the earlier of—
added
the date on which the Washington Headquarters Services is eliminated under section 913; or
added
January 1, 2021.
Sec. 919 Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy
removed
removed
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes the following:
removed
A detailed timeline for the proposed transfer of the Chemical, Biological, and Radiological Defense Division of the Navy from Virginia to another location.
removed
A full accounting of the costs associated with the proposed transfer, including—
removed
all personnel costs;
removed
all equipment costs; and
removed
all facility renovation costs for the existing facilities of the Division and the facilities to which the Division is proposed to be transferred.
removed
A risk assessment of the operational impact of the transfer during the transition period.
removed
An explanation of the operational benefit expected to be achieved by collocating all Chemical, Biological, and Radiological elements of the Department of the Navy.
removed
Limitation— The Secretary may not transfer, or prepare to transfer, the Chemical, Biological, and Radiological Defense Division of the Navy from Dahlgren, Virginia, to another location until a period of 45 days has elapsed following the date on which the report is submitted to the congressional defense committees under subsection (a).
Sec. 921 Artificial Intelligence and Machine Learning Policy and Oversight Council
added
Establishment— In order to fulfill the responsibilities specified in Section 133a of title 10, United States Code, the Under Secretary of Defense for Research and Engineering shall establish and lead a team to be known as the “Artificial Intelligence and Machine Learning Policy and Oversight Council” (in this section referred to as the “Council”).
added
Purpose— The purpose of the Council shall be to—
removed
Authorities and responsibilities—
removed
In general— Subsection (b) of section 132a of title 10, United States Code, is amended by adding at the end the following new paragraph:
removed
“(7) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department.”
removed
Budget authority—
removed
In general— Such section is further amended—
removed
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
removed
by inserting after subsection (b) the following new subsection (c):
removed
“(c) Budget authority
removed
“(1)
removed
“(A) Beginning in fiscal year 2020, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity specified by the Secretary for purposes of this subsection to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller).
removed
“(B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer.
removed
“(C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following:
removed
“(i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A).
removed
“(ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations.
removed
“(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report.
removed
“(iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets.
removed
“(2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.”
removed
Execution of authority— In order to execute the authority in subsection (c) of section 132a of title 10, United States Code (as amended by subparagraph (A)), the Chief Management Officer of the Department of Defense shall do the following:
removed
By April 1, 2019, develop an assessment of cost and expertise requirements to execute such authority.
removed
By September 1, 2019, develop guidance for Defense Agencies and Department of Defense Field Activities to delineate spending on enterprise business operations and develop a process to determine the adequacy of their budgets for such operations.
removed
Reform of business enterprise operations in support of certain activities across Department of Defense—
removed
Periodic reform—
removed
In general— Not later than January 1, 2020, and not less frequently than once every five years thereafter, the Secretary of Defense shall, acting through the Chief Management Officer of the Department of Defense, reform enterprise business operations of the Department of Defense, through reductions, eliminations, or improvements, across all organizations and elements of the Department with respect to covered activities in order to increase effectiveness and efficiency of mission execution.
removed
CMO reports— Not later than January 1 of every fifth calendar year beginning with January 1, 2025, the Chief Management Officer shall submit to the congressional defense committees a report that describes the activities carried out by the Chief Management Officer under this subsection during the preceding five years, including an estimate of any cost savings achieved as a result of such activities.
changed
Covered activities defined— In this subsection, integrate the term covered functional activities means any activity relating of the organizations and elements of the Department of Defense with respect to civilian resources management, logistics management, services contracting, or real estate management.artificial intelligence and machine learning;
changed
Reporting framework— Not later than January 1, 2020, the Chief Management Officer shall establish a consistent reporting framework to establish a baseline for the costs to perform all covered activities, ensure there are efficient and shall submit to Congress a report that, for each individual covered activity performed in fiscal year 2019, identifies the following:effective artificial intelligence and machine learning capabilities throughout Department; and
removed
The component or components of the Department responsible for performing such activity, and a business process map of such activity, in fiscal year 2019.
removed
The number of the military, civilian, and contractor personnel of the component or components of the Department who performed such activity in that fiscal year.
removed
The manpower requirements for such activity as of that fiscal year.
removed
The systems and other resources associated with such activity as of that fiscal year.
removed
The cost in dollars of performing such activity in fiscal year 2019.
changed
Initial plan— Not later than February 1, 2019, the Chief Management Officer shall submit develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the congressional defense committees a plan, schedule, development, acquisition, integration, advancement, oversight, and cost estimate for conducting sustainment of artificial intelligence and machine learning throughout the reforms required under paragraph (1)(A).Department.
added
Membership— The membership of the Council shall include the following:
added
The Under Secretary of Defense for Research and Engineering, or the designee of the Under Secretary, who shall serve as the leader of the Council.
added
The following officials of the Department of Defense, or their designees:
added
The Under Secretary of Defense for Acquisition and Sustainment.
added
The Chief Management Officer of the Department of Defense.
added
The Under Secretary of Defense (Comptroller).
added
The Under Secretary of Defense for Personnel and Readiness.
added
The Under Secretary of Defense for Intelligence.
added
The General Counsel of the Department of Defense.
added
The head of each military service.
added
The Commander of the United States Special Operations Command.
added
The Director of the Defense Advanced Research Projects Agency.
added
Any other official of the Department of Defense determined to be appropriate by the Under Secretary of Defense for Research and Engineering.
added
Operation— The Council shall operate continuously.
removed
Certification of cost savings— Not later than January 1, 2020, the Chief Management Officer shall certify to the congressional defense committees that the savings and costs incurred as a result of activities carried out under paragraph (1) will achieve savings in fiscal year 2020 against the total amount obligated and expended for covered activities in fiscal year 2019 of—
removed
not less than 25 percent of the cost in dollars of performing covered activities in fiscal year 2019 as specified pursuant to paragraph (3)(E); or
removed
if the Chief Management Officer determines that achievement of savings of 25 percent or more will create overall inefficiencies for the Department, notice and justification will be submitted to the congressional defense committees specifying a lesser percentage of savings that the Chief Management Officer determines to be necessary to achieve efficiencies in the delivery of covered activities, which notice and justification shall be submitted by not later than October 1, 2019, together with a description of the efficiencies to be achieved.
removed
Comptroller General reports— The Comptroller General of the United States shall submit to the congressional defense committees the following:
removed
Not later than 90 days after the submittal of the plan under paragraph (4), a report that verifies whether the plan is feasible.
removed
Not later than 270 days after the date of enactment of this Act, a report setting forth an assessment of the actions taken under paragraph (1)(A) since the date of the enactment of this Act.
removed
Not later than 270 days after the submittal of the reporting framework under paragraph (3), a report that verifies whether the baseline established in the framework is accurate.
removed
Not later than 270 days after the submittal of the report under paragraph (5), a report that verifies—
removed
whether the activities described in the report were carried out; and
removed
whether any cost savings estimated in the report are accurate.
Sec. 922 Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy
changed
In general—Findings— The Chief Management Officer of the Department of Defense shall develop a policy on analysis of Department of Defense datasets on business management and business operations by the public for purposes of accessing data analysis capabilities that would promote savings and efficiencies and otherwise enhance the utility of such datasets to Congress makes the Department.following findings:
added
The Chemical, Biological, and Radiological Defense Division of the Navy, currently based at the Naval Surface Warfare Center in Dahlgren, Virginia, consists of a highly effective team of scientists performing critical work for the United States.
added
The Secretary of the Navy has notified Congress of the intent of the Secretary to transfer the Division to another location.
added
The Secretary has not provided Congress with a detailed cost benefit analysis or any other information that adequately justifies the proposed transfer of the Division.
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes—
removed
Initial discharge of policy—
removed
In general— The Chief Management Officer shall commence the discharge of the policy required pursuant to subsection (a) by—
removed
identifying one or more matters—
removed
that are of significance to the Department of Defense;
removed
that are currently unresolved; and
removed
whose resolution from a business management or business operations dataset of the Department could benefit from a method or technique of analysis not currently familiar to the Department;
removed
identifying between three and five business management or business operations datasets of the Department not currently available to the public whose evaluation could result in novel data analysis solutions toward management or operations problems of the Department identified by the Chief Management Officer; and
removed
encouraging, whether by competition or other mechanisms, the evaluation of the datasets described in subparagraph (B) by appropriate persons and entities in the public or private sector (including academia).
changed
Protection of security and confidentiality— In providing a detailed timeline for the evaluation proposed transfer of datasets pursuant to this subsection, the Chief Management Officer shall take appropriate actions to protect the security Chemical, Biological, and confidentiality Radiological Defense Division of any information contained in the datasets, including through special precautions Navy from Virginia to ensure that any personally identifiable information is not included and no release of information will adversely affect national security missions.another location;
added
a full accounting of the costs associated with the proposed transfer, including—
added
all personnel costs;
added
all equipment costs; and
added
all facility renovation costs for the existing facilities of the Division and the facilities to which the Division is proposed to be transferred;
added
a risk assessment of the operational impact of the transfer during the transition period; and
added
an explanation of the operational benefit expected to be achieved by collocating all Chemical, Biological, and Radiological elements of the Department of the Navy.
added
Limitation— The Secretary of the Navy may not transfer, or prepare to transfer, the Chemical, Biological, and Radiological Defense Division of the Navy from Dahlgren, Virginia to another location until a period of 45 days has elapsed following the date on which the report is submitted to the congressional defense committees under subsection (b).
Sec. 923 Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations Appropriation
added With respect to a contract for goods and services paid for with foreign currency, the Under Secretary of Defense (Comptroller), in coordination with each Secretary of a military department, shall conduct a review of the exchange rate for such foreign currency used when making a disbursement pursuant to such a contract to determine whether cost-savings opportunities exist by more consistently selecting cost-effective rates. Such review shall include an analysis of realized and projected losses to determine the necessary balance of the appropriation “Foreign Currency Fluctuations, Defense”. The Secretary of Defense may use the results of such analysis to determine the amount of any transfers to the appropriation “Foreign Currency Fluctuations, Defense”.
removed
Periodic review— Subsection (c) of section 192 of title 10, United States Code, is amended—
removed
by redesignating paragraph (2) as paragraph (3); and
removed
by inserting before paragraph (3), as so redesignated, the following new paragraphs:
removed
“(1)
removed
“(A) Not later than January 1, 2020, and periodically (but not less frequently than every four years) thereafter, the Chief Management Officer of the Department of Defense shall conduct a review of the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. Each review shall, to the maximum extent practicable, be conducted in coordination with other ongoing efforts in connection with business enterprise reform.
removed
“(B) As part of each review under this paragraph, the Chief Management Officer shall identify each activity of an Agency or Activity that is substantially similar to, or duplicative of, an activity carried out by another organization or element of the Department of Defense, or is not being performed to an adequate level to meet Department needs.
removed
“(C) For purposes of conducting reviews under this paragraph, the Chief Management Officer shall develop internal guidance that defines requirements for such reviews and provides clear direction for conducting and recording the results of reviews.
removed
“(2)
removed
“(A) Not later than 90 days after the completion of a review under paragraph (1), the Chief Management Officer shall submit to the congressional defense committees a report that sets forth the results of the review.
removed
“(B) The report on a review under this paragraph shall, based on the results of the review, include the following:
removed
“(i) A list of each Defense Agency and Department of Defense Field Activity that the Chief Management Officer has determined—
removed
“(I) operates efficiently and effectively; and
removed
“(II) does not carry out any function that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense.
removed
“(ii) With respect to each Agency or Activity not included on the list under clause (i), a plan, aimed at better meeting Department needs, for—
removed
“(I) rationalizing the functions within such Agency or Activity; or
removed
“(II) transferring some or all of the functions of such Agency or Activity to another organization or element of the Department.
removed
“(iii) Recommendations for functions, if any, currently conducted separately by the military departments that should be consolidated into an Agency or Activity.”
removed
Repeal of special rule for Defense Business Transformation Agency— Such section is further amended by striking subsection (e).
removed
Limitation on termination— Such section is further amended by adding at the end the following new subsection (e):
removed
“(e) Limitation on termination—The Secretary of Defense may not terminate a Defense Agency or Department of Defense Field Activity until 30 days after the date on which the Secretary submits to the congressional defense committees a report setting forth the following:
removed
“(1) Notice of the intent of the Secretary to terminate the Agency or Activity.
removed
“(2) Such recommendations for legislative action as the Secretary considers appropriate in connection with the termination of the Agency or Activity.”
Sec. 924 Actions to increase the efficiency and transparency of the Defense Logistics Agency
removed
removed
System and capability— Not later than January 1, 2020, the Director of the Defense Logistics Agency and the Chief Management Officer of the Department of Defense shall jointly, in consultation with the customers served by the Agency, develop and implement—
removed
a comprehensive system that enables customers of the Agency to view—
removed
the inventory of items and materials available to customers from the Agency; and
removed
the delivery status of items and materials that are in transit to customers; and
removed
a predictive analytics capability designed to increase the efficiency of the system described in paragraph (1) by identifying emerging customer needs with respect to items and materials supplied by the Agency, including any emerging needs arising from the use of new weapon systems by customers.
removed
Actions to increase efficiency— Not later than January 1, 2020, the Director and the Chief Management Officer shall jointly—
removed
develop a plan to reduce the rates charged by the Agency to customers, in aggregate—
removed
by not less than 10 percent; or
removed
if the Chief Management Officer determines that a reduction of rates in aggregate of 10 percent or more will create overall inefficiencies for the Department, by such percentage less than 10 percent as the Chief Management Officer considers appropriate to avoid such inefficiencies, but only after notifying the congressional defense committees of such lesser percentage in reduction of rates pursuant to this subparagraph;
removed
eliminate the duplication of services within the Agency; and
removed
establish specific goals and metrics to ensure that the Agency is fulfilling its mission of providing items and materials to customers with sufficient speed and in sufficient quantities to ensure the lethality and readiness of warfighters.
removed
Plan required— Not later than February 1, 2019, the Director and the Chief Management Officer shall jointly submit to the congressional defense committees a plan that describes how the Director and the Chief Management Officer will achieve compliance with the requirements of subsections (a) and (b).
Sec. 925 Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency
removed
removed
Review— The Secretary of Defense shall, acting through the Chief Management Officer of the Department of Defense, direct the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense (Comptroller) to conduct a joint review of the functions of the Defense Contract Audit Agency and the Defense Contract Management Agency. The review shall include the following:
removed
A validation of the missions and functions of each Agency.
removed
An assessment of the effectiveness of each Agency in performing designated functions, including identification and analysis of qualitative and quantitative metrics of performance.
removed
An assessment of the adequacy of the resources, authorities, workforce training, and size of each Agency to perform designated functions.
removed
An assessment of cost savings or avoidance attributable to the conduct of the activities of each Agency.
removed
A determination whether functions performed by either Agency could be performed more appropriately and effectively by any combination of the following:
removed
The other Agency.
removed
Any other organization or element of the Department of Defense, including the military departments.
removed
Commercial providers.
removed
A validation of the continued need for two separate Agencies with oversight for defense contracting.
removed
Report— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth the results of the review conducted under subsection (a).
Sec. 926 Review and improvement of the operations of the Defense Finance and Accounting Service
removed
removed
In general— Not later than March 1, 2020, the Chief Management Officer of the Department of Defense and the Under Secretary of Defense (Comptroller) shall conduct a joint review of the activities of the Defense Finance and Accounting Service. The review shall include the following:
removed
A validation of the missions and functions of the Service.
removed
An assessment of the effectiveness of the Service in performing designated functions, including identification and analysis of qualitative and quantitative metrics of performance.
removed
An assessment of the resources, authorities, workforce training, and size of the Service to perform designated functions.
removed
An assessment of changes required to the mission and activities of the Service based on the availability and application of current and potential future information technology capabilities.
removed
A determination whether any functions currently performed by the Service could be performed more appropriately and effectively by any combination of the following:
removed
Any other organization or element of the Department of Defense, including the military departments.
removed
Commercial providers.
removed
A determination whether any functions currently performed by other organizations or elements of the Department could be consolidated within the Service in order to promote effectiveness and reduce duplicative effort.
removed
Report— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of the review conducted under subsection (a).
Sec. 927 Assessment of chief information officer functions in connection with transition to enterprise-wide management of information technology and computing
removed
removed
Assessment required— The Chief Information Officer of the Department of Defense shall, in conjunction with the Chief Management Officer of the Department of Defense, conduct an assessment of chief information officer functions in the Department of Defense with a view toward the rationalization of such functions across the Defense Agencies and Department of Defense Field Activities in a manner consistent with the plans of the Department for a transition to enterprise-wide management of information technology (IT) networks and computing.
removed
Elements— The assessment conducted pursuant to subsection (a) shall result in the following:
removed
A determination of the number, duties and responsibilities, and grades of personnel performing management and oversight of information technology activities.
removed
Recommendations for the role the Chief Information Officer in managing the information technology workforce in the Office of the Secretary of Defense, and for selecting and approving personnel for the information technology workforces of the military departments, Defense Agencies, and Department of Defense Field Activities.
removed
Report required— Not later than February 1, 2019, the Chief Information Officer and the Chief Management Officer shall jointly submit to the congressional defense committees a report that sets forth a description of the results of the assessment conducted pursuant to subsection (a), including a description of any actions proposed as a result of the assessment to achieve enterprise-wide efficiencies in the management of information technology networks and computing.
removed
Plan required— Not later than January 1, 2020, the Chief Information Officer and the Chief Management Officer shall jointly submit to the congressional defense committees a report setting forth a plan to carry out the proposed actions described in subsection (c).
Sec. 928 Comptroller General of the United States report on cross-enterprise activities of the Inspectors General of the Department of Defense
removed
removed
Report required— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on cross-enterprise activities of the Inspectors General of the organizations and elements of the Department of Defense, including public affairs, human resources, services contracting, other contracting, and any other cross-enterprise activities of the Inspectors General the Comptroller General considers appropriate for purposes of the report.
removed
Elements— The report under subsection (a) shall identify with respect to the activities referred to in that subsection the following:
removed
Opportunities to maximize efficiency.
removed
Opportunities to minimize duplication of effort, including through reduction or elimination of duplicative functions.
removed
Any other matters the Comptroller General considers appropriate.
Sec. 929 General provisions
removed
removed
Consolidated report— The plans and reports required to be submitted to the congressional defense committees under this subtitle on or before March 1, 2020, may be combined and submitted in the form of a single, consolidated document.
removed
Definitions— In this subtitle, the terms “Defense Agency”, “Department of Defense Field Activity”, and “military departments” have the meanings given the terms in section 101(a) of title 10, United States Code.
Sec. 931 Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps
changed
Certification on average amounts expended on major headquarters activities—Redesignation of military department— Not later than February 1, 2019, The military department designated as the Under Secretary Department of Defense (Comptroller) shall submit to the congressional defense committees a report that certifies each Navy is redesignated as the Department of the following percentages in connection with amounts expended on major headquarters activities:Navy and Marine Corps.
added
Redesignation of Secretary and other statutory offices—
added
Secretary— The position of the Secretary of the Navy is redesignated as the Secretary of the Navy and Marine Corps.
added
Other statutory offices— The positions of the Under Secretary of the Navy, the four Assistant Secretaries of the Navy, and the General Counsel of the Department of the Navy are redesignated as the Under Secretary of the Navy and Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the General Counsel of the Department of the Navy and Marine Corps, respectively.
removed
The average percentage of the amount authorized to be appropriated for the Department of Defense per fiscal year, during the 10 fiscal years ending with fiscal year 2018, that has been expended on major headquarters activities.
removed
The average percentage of the amount authorized to be appropriated for the Department of Defense per fiscal year, during the 10 fiscal years ending with fiscal year 2018, that has been expended on major headquarters activities of the Office of the Secretary of Defense.
removed
The average percentage of the amount authorized to be appropriated for each military department per fiscal year, during the 10 fiscal years ending with fiscal year 2018, that has been expended on major headquarters activities of such military department.
removed
The average percentage of the amount authorized to be appropriated for the Department of Defense per fiscal year, during the 10 fiscal years ending with fiscal year 2018, and available for the combatant commands that has been spent on major headquarters activities of the combatant commands.
removed
Overall limitation— In fiscal year 2021, the aggregate amount that may be obligated and expended on major headquarters activities may not exceed an amount equal to the percentage specified in subsection (a)(1) of the amount authorized to be appropriated for the Department of Defense for that fiscal year.
removed
Limitation for particular activities— Within the amount available for fiscal year 2021 pursuant to subsection (b), amounts shall be available as follows:
removed
For major headquarters activities of the Office of the Secretary of Defense, not more than an amount equal to the percentage specified in subsection (a)(2) of the amount authorized to be appropriated for the Department of Defense for fiscal year 2021.
removed
For major headquarters activities of each military department, not more than an amount equal to the percentage specified in subsection (a)(3) with respect to such military department of the amount authorized to be appropriated for such military department for fiscal year 2021.
removed
For major headquarters activities of the combatant commands, not more than an amount equal to the percentage specified in subsection (a)(4) of the amount authorized to be appropriated for the Department of Defense for fiscal year 2021 and available for the combatant commands.
removed
Definitions— In this section:
removed
The term major headquarters activities has the meaning given the term major Department of Defense headquarters activities in section 346(b)(3) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 111 note).
removed
The term major headquarters activities of a military department means the following:
removed
In the case of the Army, the Office of the Secretary of the Army and the Army Staff.
removed
In the case of the Navy, the Office of the Secretary of the Navy, the Office of the Chief of Naval Operations, and Headquarters, Marine Corps.
removed
In the case of the Air Force, the Office of the Secretary of the Air Force and the Air Staff.
removed
The term Office of the Secretary of Defense includes the Joint Staff.
Sec. 932 Conforming amendments to title 10, United States Code
added
Definition of “military department”— Paragraph (8) of section 101(a) of title 10, United States Code, is amended to read as follows:
added “(8) The term “military department” means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.”
removed
Fellowship program—
removed
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish within the Department of Defense a civilian fellowship program designed to provide leadership development and the commencement of a career track toward senior leadership in the Department.
removed
Designation— The fellowship program shall be known as the “John S. McCain Strategic Defense Fellows Program” (in this section referred to as the “fellows program”).
changed
Eligibility—Organization of department— An individual The text of section 5011 of such title is eligible for participation in amended to read as follows: “The Department of the fellows program if Navy and Marine Corps is separately organized under the individual—Secretary of the Navy and Marine Corps.”.
added
Position of Secretary— Section 5013(a)(1) of such title is amended by striking “There is a Secretary of the Navy” and inserting “There is a Secretary of the Navy and Marine Corps”.
removed
is a citizen of the United States or a lawful permanent resident of the United States in the year in which the individual applies for participation in the fellows program; and
removed
either—
removed
possesses a graduate degree from an accredited institution of higher education in the United States that was awarded not later than two years before the date of the acceptance of the individual into the fellows program; or
removed
will be awarded a graduate degree from an accredited institution of higher education in the United States not later than six months after the date of the acceptance of the individual into the fellows program.
removed
Application—
removed
Application required— Each individual seeking to participate in the fellows program shall submit to the Secretary of Defense an application therefor at such time and in such manner as the Secretary shall specify.
removed
Elements— Each application of an individual under this subsection shall include the following:
removed
Transcripts of educational achievement at the undergraduate and graduate level.
removed
A resume.
removed
Proof of citizenship or lawful permanent residence.
removed
An endorsement from the applicant’s graduate institution of higher education.
removed
An academic writing sample.
removed
Letters of recommendation addressing the applicant’s character, academic ability, and any extracurricular activities.
removed
A personal statement by the applicant explaining career areas of interest and motivations for service in the Department.
removed
Such other information as the Secretary considers appropriate.
changed
Selection—Chapter headings—
changed
In general— Each year, the Secretary The heading of Defense shall select participants in the fellows program from among applicants for the fellows program for chapter 503 of such year who qualify for participation in the fellows program based on character, commitment title is amended to public service, academic achievement, extracurricular activities, and such other qualifications for participation in the fellows program read as the Secretary considers appropriate.follows:
added “503 DEPARTMENT OF THE NAVY AND MARINE CORPS”
changed
Number— The number heading of individuals selected chapter 507 of such title is amended to participate in the fellows program in any year may not exceed the numbers read as follows:
added “507 COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE CORPS”
removed
Ten individuals from each geographic region of the United States as follows:
removed
The Northeast.
removed
The Southeast.
removed
The Midwest.
removed
The Southwest.
removed
The West.
removed
Ten additional individuals.
removed
Background investigation— An individual selected to participate in the fellows program may not participate in the program unless the individual successfully undergoes a background investigation applicable to the position to which the individual will be assigned under the fellows program and otherwise meets such requirements applicable to assignment to a sensitive position within the Department that the Secretary considers appropriate.
changed
Assignment—Other amendments—
changed
In general— Each individual who participates Title 10, United States Code, is amended by striking “Department of the Navy” and “Secretary of the Navy” each place they appear other than as specified in subsections (a), (b), (c), and (d) (including in section headings, subsection captions, tables of chapters, and tables of sections) and inserting “Department of the fellows program shall be assigned Navy and Marine Corps” and “Secretary of the Navy and Marine Corps”, respectively, in each case with the matter inserted to a position be in one of the following:same typeface and typestyle as the matter stricken.
added
added
Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by striking “Assistant Secretaries of the Navy” and inserting “Assistant Secretaries of the Navy and Marine Corps”.
added
The heading of section 5016 of such title, and the item relating to such section in the table of sections at the beginning of chapter 503 of such title, are each amended by inserting “and Marine Corps” after “of the Navy”, with the matter inserted in each case to be in the same typeface and typestyle as the matter amended.
removed
The Office of the Secretary of Defense.
removed
An office of the Secretary of a military department.
removed
Position requirements— Each Secretary of a military department, and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense, shall submit to the Secretary of Defense each year the qualifications and skills to be demonstrated by participants in the fellows program to qualify for assignment under this subsection for service in a position of the office of such Secretary, Under Secretary, or Director.
removed
Assignment to positions— The Secretary of Defense shall each year assign participants in the fellows program to positions in the offices of the Secretaries of the military departments, and the offices of the Under Secretaries and Directors described in paragraph (2). In making such assignments, the Secretary of Defense shall seek to best match the qualifications and skills of participants in the fellows program with the requirements of positions available for assignment. Each participant so assigned shall serve as a special assistant to the Secretary, Under Secretary, or Director to whom assigned.
removed
Limitation on number assignable to Secretaries of military departments— The number of participants in the fellows program who are assigned to the office of a Secretary of a military department in any year may not exceed five participants.
removed
Term— The term of each assignment under the fellows program shall be one year.
removed
Pay and benefits— An individual assigned to a position under the fellows program shall be compensated at the rate of compensation for employees at level GS–10 of the General Schedule, and shall be treated as an employee of the United States during the term of assignment, including for purposes of eligibility for health care benefits and retirement benefits available to employees of the United States.
removed
Education loan repayment— To the extent that funds are provided in advance in appropriations Acts, the Secretary of Defense may repay any loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of loans under this paragraph shall be on a first-come, first-served basis.
removed
Career development—
removed
In general— The Secretary of Defense shall ensure that participants in the fellows program—
removed
receive opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department such as the Defense Business Board and the Defense Innovation Board; and
removed
are provided appropriate opportunities for employment and advancement within the Department upon successful completion of the fellows program, including, if appropriate, opportunities to work at Department installations or Field Activities for between 12 and 24 months.
removed
Reservation of positions— In carrying out paragraph (1)(B), the Secretary shall reserve for participants who successfully complete the fellows program not fewer than 30 positions in the excepted service within the Department that are suitable for the commencement of a career track toward senior leadership within the Department. Any position so reserved shall not be subject to or covered by any reduction in headquarters personnel required under any other provision of law.
removed
Noncompetitive appointment— Upon the successful completion of the assignment of a participant in the fellows program in a position pursuant to subsection (e), the Secretary may, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, appoint the participant to a position reserved pursuant to paragraph (2) if the Secretary determines that such appointment will contribute to the development of highly qualified future senior leaders for the Department.
removed
Publication of selection— The Secretary shall publish on an Internet website of the Department available to the public the names of the individuals selected to participate in the fellows program.
removed
Outreach— The Secretary of Defense shall undertake appropriate outreach to inform potential participants in the fellows program of the nature and benefits of participation in the fellows program.
removed
Regulations— The Secretary of Defense shall carry out this section in accordance with such regulations as the Secretary may prescribe for purposes of this section.
removed
Funding— Of the amounts authorized to be appropriated for each fiscal year for the Department of Defense for operation and maintenance, Defense-wide, $10,000,000 may be available to carry out the fellows program in such fiscal year.
Sec. 933 Other provisions of law and other references
added
Title 37, United States Code— Title 37, United States Code, is amended by striking “Department of the Navy” and “Secretary of the Navy” each place they appear and inserting “Department of the Navy and Marine Corps” and “Secretary of the Navy and Marine Corps”, respectively.
added
Other references— Any reference in any law other than in title 10 or title 37, United States Code, or in any regulation, document, record, or other paper of the United States, to the Department of the Navy shall be considered to be a reference to the Department of the Navy and Marine Corps. Any such reference to an office specified in section 931(b) shall be considered to be a reference to that officer as redesignated by that section.
removed
Section 129a(g)(1)(A) of title 10, United States Code, is amended by striking “, including a permanent conversion” and all that follows through the semicolon and inserting “is cost-effective, taking into account the fully-burdened costs of the civilian, military, and contractor workforces, including the impact of the performance of such functions on military career progression or when required by military necessity;”.
Sec. 934 Effective date
changed
Not later than March 1, 2019, This subtitle and the Secretary of Defense amendments made by this subtitle shall submit to the congressional defense committees a report take effect on the implementation of Department first day of Defense Instruction 7041.04. The report shall include an assessment whether the Department first month beginning more than 60 days after the date of Defense is properly using civilian personnel in its workforce in the most cost-efficient manner when compared to its use enactment of military and contractor personnel in its workforce.this Act.
Sec. 935 Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations, Defense appropriation
removed
removed
In general— The Under Secretary of Defense (Comptroller) shall, in coordination with the Comptrollers of the military departments, conduct a review of the exchange rates for foreign currency used when making a disbursement pursuant to any expenditure or expense made by the Department of Defense in order to determine whether cost-savings could be achieved through a more consistent selection of cost-effective rates in the making of such disbursements. The review shall include an analysis of realized and projected losses on foreign currency exchange in order to determine an appropriate balance for the “Foreign Currency Fluctuations, Defense” account.
removed
Report— Not later than January 31, 2019, the Under Secretary shall submit to the congressional defense committees a report setting forth a summary of the review conducted pursuant to subsection (a).
Sec. 936 Responsibility for policy on civilian casualty matters
removed
removed
Designation of senior civilian official— Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall designate a senior civilian official of the Department of Defense within the Office of the Secretary of Defense at or above the level of Assistant Secretary of Defense to develop, coordinate, and oversee compliance with the policy of the Department relating to civilian casualties resulting from United States military operations.
removed
Responsibilities— The senior civilian official designated under subsection (a) shall ensure that the policy referred to in that subsection provides for—
removed
uniform processes and standards across the combatant commands for accurately recording kinetic strikes by the United States military;
removed
the development and dissemination of best practices for reducing the likelihood of civilian casualties from United States military operations;
removed
the development of publicly available means, including an Internet-based mechanism, for the submittal to the United States Government of allegations of civilian casualties resulting from United States military operations;
removed
uniform processes and standards across the combatant commands for reviewing and investigating allegations of civilian casualties resulting from United States military operations, including the consideration of relevant information from all available sources;
removed
uniform processes and standards across the combatant commands for—
removed
acknowledging the responsibility of the United States military for civilian casualties resulting from United States military operations; and
removed
offering ex gratia payments to civilians who have been injured, or to the families of civilians killed, as a result of United States military operations, as determined to be necessary by the designated senior civilian official;
removed
regular engagement with relevant intergovernmental and nongovernmental organizations;
removed
public affairs guidance with respect to matters relating to civilian casualties alleged or confirmed to have resulted from United States military operations; and
removed
such other matters with respect to civilian casualties resulting from United States military operations as the designated senior civilian official considers appropriate.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the senior civilian official designated under subsection (a) shall submit to the congressional defense committees a report that describes—
removed
the policy developed by the senior civilian official under that subsection; and
removed
the efforts of the Department to implement such policy.
Sec. 937 Additional matters in connection with background and security investigations for Department of Defense personnel
removed
removed
Section 925(k)(3) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
removed
by redesignating subparagraphs (H) through (L) as subparagraphs (I) through (M), respectively; and
removed
by inserting after subparagraph (G) the following new subparagraph (H):
removed
“(H) The number of denials or revocations of a security clearance by each authorized adjudicative agency that occurred separately from a periodic reinvestigation.”
Sec. 938 Research and development to advance capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security
removed
removed
Plan required— The Under Secretary of Defense for Intelligence shall develop a plan on research and development activities to advance the capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security activities of the Department. The plan shall, to the extent practicable, provide for the leveraging of the capabilities of other government entities, institutions of higher education, and private sector entities with advanced, leading-edge expertise in data integration and analytics applicable to the challenges faced by the Department in connection with personnel security.
removed
Coordination— Any activities under the plan may be carried out in coordination with the Defense Digital Service and the Defense Innovation Board.
removed
Briefing— Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall provide to the appropriate committees of Congress a briefing on the plan.
removed
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
removed
the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 941 Trusted information provider program for national security positions and positions of trust
removed
removed
Program required— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability/Credentialing Executive Agent shall establish and implement a program (to be known as the “Trusted Information Provider Program”) to share between and among agencies of the Federal Government and industry partners of the Federal Government relevant background information regarding individuals applying for and currently occupying national security positions and positions of trust, in order to ensure the Federal Government maintains a trusted workforce.
removed
Privacy safeguards— The Security Executive Agent and the Suitability/Credentialing Executive Agent shall ensure that the program required by subsection (a) includes such safeguards for privacy as the Security Executive Agent and the Suitability/Credentialing Executive Agent consider appropriate.
removed
Provision of information to the Federal Government— The program required by subsection (a) shall include requirements that enable Investigative Service Providers and agencies of the Federal Government to leverage certain pre-employment information gathered during the employment or military recruiting process, and other relevant security or human resources information obtained during employment with or for the Federal Government, that satisfy Federal investigative standards, while safeguarding personnel privacy.
removed
Information and records— The information and records considered under the program required by subsection (a) shall include the following:
removed
Date and place of birth.
removed
Citizenship or immigration and naturalization information.
removed
Education records.
removed
Employment records.
removed
Employment or social references.
removed
Military service records.
removed
State and local law enforcement checks.
removed
Criminal history checks.
removed
Financial records or information.
removed
Foreign travel, relatives or associations.
removed
Social media checks.
removed
Any other information or records relevant to obtaining or maintaining national security, suitability, fitness, or credentialing eligibility.
removed
Implementation plan—
removed
In general— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability/Credentialing Executive Agent shall jointly submit to Congress a plan for the implementation of the program required by subsection (a).
removed
Elements— The plan required by paragraph (1) shall include the following:
removed
Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human resources or military recruitment processes.
removed
Such recommendations for legislative or administrative action as the Security Executive Agent and the Suitability/Credentialing Executive Agent consider appropriate to carry out or improve the program.
removed
Definitions— In this section:
removed
The term Security Executive Agent means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).
removed
The term Suitability/Credentialing Executive Agent means the Director of the Office of Personnel Management acting as the Suitability/Credentialing Executive Agent in accordance with Executive Order 13467.
Sec. 942 Report on expedited processing of security clearances for mission-critical positions
removed
removed
In general— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to Congress a report on the feasibility and advisability of, and existing barriers to, programs for expedited processing of security clearances for mission-critical positions, whether filled by Government or contract employees.
removed
Elements— The report under subsection (a) shall include the following:
removed
Recommendations for the establishment by Government agencies of programs designed to prioritize processing of security clearances among their Government and contract employees seeking security clearances.
removed
Proposed timeliness for the implementation of programs recommended pursuant to paragraph (1).
removed
Recommendations for legislative or administrative actions to enable and improve programs of Government agencies for the expedited processing of security clearances for mission-critical positions.
removed
Security Executive Agent defined— In this section, the term Security Executive Agent means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).
Sec. 943 Report on clearance in person concept
removed
removed
Report required— Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent shall submit to the appropriate committees of Congress a report on the requirements, feasibility, and advisability of implementing a clearance in person concept as described in subsection (b) for maintaining access to classified information.
removed
Clearance in person concept—
removed
In general— Implementation of a clearance in person concept as described in this subsection would permit an individual who has been granted a national security clearance to maintain eligibility for access to classified information, networks, and facilities after the individual has separated from service to the Federal Government or transferred to a position that no longer requires access to classified information.
removed
Recognition as current— The concept described in paragraph (1) would also ensure that, unless otherwise directed by the Security Executive Agent, the individual's security clearance would be recognized as current, regardless of employment status, with no further need for investigation or revalidation until the individual obtains a position requiring access to classified information.
removed
Contents— The report required by subsection (a) shall address the following:
removed
Requirements for continuous vetting.
removed
Appropriate safeguards for privacy.
removed
An appropriate funding model.
removed
Fairness to small business concerns and independent contractors.
removed
Definitions— In this section:
removed
The term appropriate committees of Congress means—
removed
the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
The term Security Executive Agent means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).
Sec. 1001 General transfer authority
changed
Authority To to transfer authorizations—
Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
changed
Limitation— Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,500,000,000.$5,000,000,000.
Exception for transfers between military personnel authorizations— A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
Limitations— The authority provided by subsection (a) to transfer authorizations—
may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
may not be used to provide authority for an item that has been denied authorization by Congress.
Effect on authorization amounts— A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
changed
Notice to Congress—congress— The Secretary shall promptly notify Congress of each transfer made under subsection (a).
Sec. 1002 Expertise in audit remediation
added
Findings— Congress finds the following:
removed
Technical corrections—
removed
Elimination of duplicative section numbers—
removed
In general— Chapter 9A of title 10, United States Code, is amended by redesignating sections 251 through 254b as sections 240a through 240f, respectively.
removed
Clerical amendments— The table of sections at the beginning of such chapter is amended by striking the items relating to sections 251 through 254b and inserting the following new items:
changed
Other technical correction— Section 240b of title 10, United States Code, as redesignated by paragraph (1), is amended in subsection (a)(2) by redesignating The ongoing efforts to produce auditable financial statements for the second clause (iii) Department of Defense, its agencies, and clause (iv) as clauses (iv) the military services enhance readiness and (v), respectively.accountability by ensuring effective stewardship of taxpayer resources.
added
The transition from audit readiness to audit performance and remediation are critical phases, demanding expertise from accounting firms and financial management professionals to ensure that the Department successfully addresses issues identified in an audit.
added
Support from the private sector enhances the ability of the Department to conduct audit and remediation activities, and will enable the Department to achieve its strategic objective of improving business practices with efficiency and accountability.
changed
Additional requirements for semiannual briefing on the Financial Improvement and Audit Remediation Plan— Paragraph (2) of subsection (b) of section 240b Section 252(b)(2) of title 10, United States Code, as redesignated by subsection (a), is amended by adding at the end the following new sentence: “Such briefing shall include both the absolute number and percentage of personnel performing the amount of auditing or and audit remediation services being performed by professionals meeting the qualifications described in section 240d(b) 254(b) of this title.”.title, both as an absolute number and as a percentage of auditing and audit remediation services then under contract.”.
changed
Additional reporting requirements— Paragraph (1) Section 252(b)(1) of such subsection title is amended—
in subparagraph (B), by adding at the end the following new clauses:
changed
“(vii) If less than 50 percent of the auditing services or if less than 50 percent of the and audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 240d(b) 254(b) of this title, a detailed description of the risks associated with the risks of the acquisition strategy of the Department with respect to conducting audits and audit remediation activities and an explanation of how the strategy complies with the policies expressed by Congress.
changed
“(viii) If less than 25 percent of the auditing services or if less than 25 percent of the and audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 240d(b) 254(b) of this title, a written certification that the staffing ratio complies with commercial best practices and presents no increased risk of delay in the Department’s ability to achieve a clean audit opinion.”opinion”
by adding at the end the following new subparagraph:
“(C) Additional requirements
“(i) Unclassified form—A description submitted pursuant to clause (vii) of subparagraph (B) or a certification submitted pursuant to clause (viii) of such subparagraph shall be submitted in unclassified form, but may contain a classified annex.
“(ii) Delegation—The Secretary may not delegate the submission of a certification pursuant to clause (viii) of subparagraph (B) to any official other than the Deputy Secretary of Defense, the Chief Management Officer, or the Under Secretary of Defense (Comptroller).”
Sec. 1004 Independent public accountant audit of financial systems of the Department of Defense
changed
The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) or an appropriate official of a military department, shall ensure that each major implementation of, or modification to, a business system that contributes to financial information of the Department of Defense is reviewed by professional accountants with experience reviewing Federal financial systems an independent public accountant to validate that such financial system will meet any applicable Federal requirements. The Secretary of Defense shall ensure that such accountants—requirements.
removed
are provided all necessary data and records; and
removed
report independently on their findings.
Sec. 1005 Report on auditable financial statements
changed
Not later than 90 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report ranking all military departments and Defense Agencies in order of how advanced they are in achieving auditable financial statements as required by law. The report should not include information otherwise available in other reports to Congress.
Sec. 1006 Transparency of accounting firms used to support Department of Defense audit
removed
removed
For all contract actions (including awards, renewals, and amendments) occurring more than 180 days after the date of the enactment of this Act, the Secretary of Defense shall require any accounting firm providing financial statement auditing or audit remediation services to the Department of Defense in support of the audit required under section 3521 of title 31, United States Code, to provide the Department with a statement setting forth the details of any disciplinary proceedings with respect to the accounting firm or its associated persons before any entity with the authority to enforce compliance with rules or laws applying to audit services offered by accounting firms.
Sec. 1011 Department of Defense support for combating opioid trafficking and abuse
added
Findings; sense of Congress—
added
Findings— Congress makes the following findings:
added
Over the past 15 years, opioid use in the United States has grown exponentially.
added
According to the Office of National Drug Control Policy, the number of deaths related to opioids in the United States in 2016 was 42,269.
added
Addiction and misuse of prescription opioids continues to rise. According to the Office of National Drug Control Policy, in 2016, 11,500,000 people misused prescription opioids.
added
The predominant amount of precursors for fentanyl production are illicitly trafficked from China.
added
The Office of National Drug Control Policy is the lead agency for coordinating the Federal response to address the opioid epidemic in the United States.
added
The Department of Homeland Security is the lead Federal agency in securing United States borders from illicit trafficking.
added
The Department of Defense plays a vital supporting role in addressing the opioid epidemic through intelligence analysis, education, and assistance to other departments and agencies in dealing with this challenge.
added
Sense of Congress— It is the sense of Congress that—
added
the Department of Defense should provide support for interagency efforts to combat the national opioid epidemic; and
added
the role of the Department of Defense is critical to identifying transnational criminal organizations that allow illicit opioids to enter the United States.
added
Department of Defense support for combating opioid trafficking and abuse— Of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for National Guard counterdrug programs for fiscal year 2019, $20,000,000 shall be made available to provide support for United States interagency efforts to combat opioid trafficking and abuse in the United States, as specified in the funding table in division G.
removed
Section 231(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
removed
“(F) The estimated operations and sustainment costs required to support the vessels delivered under the naval vessel construction plan.”
Sec. 1012 Purchase of vessels using funds in National Defense Sealift Fund
removed
removed
Section 2218(f)(3) of title 10, United States Code, is amended—
removed
in subparagraph (C)—
removed
by striking “two” and inserting “seven”; and
removed
by striking “ships” and inserting “vessels”;
removed
by redesignating subparagraph (E) as subparagraph (F); and
removed
by inserting after subparagraph (D) the following new subparagraph (E):
removed
“(E) The Secretary may not use the authority under this paragraph to procure more than two foreign constructed vessels unless the Secretary submits to Congress, by not later than the second week of February of the fiscal year during which the Secretary plans to use such authority, a certification that—
removed
“(i) the Secretary has initiated an acquisition strategy for the construction in United States shipyards of not less than ten new sealift vessels; and
removed
“(ii) of such new sealift vessels, the lead ship is anticipated to be delivered by not later than 2026.”
Sec. 1013 Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund
removed
removed
Section 2218(f)(3) of title 10, United States Code, as amended by section 1012, is further amended—
removed
in subparagraph (F), as redesignated by such section 1012—
removed
by striking “30 days after” and inserting “30 days before”;
removed
in clause (i), by inserting “proposed” before “date”;
removed
in clause (ii), by striking “was” and inserting “would be”; and
removed
by adding at the end the following new clause:
removed
“(viii) A detailed account of the criteria used to make the determination under subparagraph (B).”
removed
by inserting after subparagraph (F), as so redesignated, the following new subparagraph:
removed
“(G) The Secretary may not finalize or execute the final purchase of any vessel using the authority under this paragraph until 30 days after the date on which a report under subparagraph (E) is submitted with respect to such purchase.”
Sec. 1014 Date of listing of vessels as battle force ships in the Naval Vessel Register and other fleet inventory measures
removed
removed
In general— Section 7301 of title 10, United States Code, is amended—
removed
by redesignating subsection (c) as subsection (d); and
removed
by inserting after subsection (b) the following new subsection (c):
removed
“(c) Listing as battle force ship in Naval Vessel Register—A covered vessel may not be listed in the Naval Vessel Register or other fleet inventory measures as a battle force ship until the delivery date specified in subsection (a).”
removed
Definitions— Such section is further amended by striking subsection (d), as redesignated by subsection (a)(1) of this section, and inserting the following new subsection:
removed
“(d) Definitions—In this section:
removed
“(1) The term covered vessel means any vessel of the Navy that is under construction or constructed using amounts authorized to be appropriated for the Department of Defense for shipbuilding and conversion, Navy.
removed
“(2) The term battle force ship means the following:
removed
“(A) A commissioned United States Ship warship capable of contributing to combat operations.
removed
“(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.”
Sec. 1015 Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels
removed
removed
Model basin; investigation of hull designs— Section 7303 of title 10, United States Code, is amended by striking “(a) An office” and all that follows through “(b) The Secretary” and inserting “The Secretary”.
removed
Repeal of under-age vessels provision—
removed
In general— Section 7295 of title 10, United States Code, is repealed:
removed
Clerical amendments— The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7295.
removed
Other provisions of law—
removed
Repeal of policy Relating to Major Combatant Vessels of the Strike Forces of the United States Navy— Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303; 10 U.S.C. 7291 note) is repealed.
removed
Repeal of alternative technologies for future surface combatants— Section 128 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2109; 10 U.S.C. 7291 note) is repealed.
removed
Repeal of provision on consideration of vessel location for award of layberth contracts for sealift vessels— Section 375 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2385; 10 U.S.C. 7291 note) is repealed.
removed
Repeal of provision on revitalization of united states shipbuilding industry— Section 1031 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2489; 10 U.S.C. 7291 note) is repealed.
removed
Repeal of fast sealift program— Section 1021 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2485; 10 U.S.C. 7291 note) is repealed.
removed
Repeal of obsolete requirement for reports on effects of naval shipbuilding plans on maritime industries— Section 1227 of the National Defense Authorization Act for Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2055; 10 U.S.C. 7291 note) is repealed.
removed
Repeal of prohibition on use of public and private shipyards for conversion, overhaul, or repair work under certain programs— Section 811 of the Department of Defense Appropriation Authorization Act, 1979 (Public Law 95–485; 92 Stat. 1624; 10 U.S.C. 7291 note) is repealed.
removed
Repeal of obsolete requirement to submit a five-year naval ship new construction and conversion program— Section 808 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94–106; 89 Stat. 539; 10 U.S.C. 7291 note) is repealed.
Sec. 1016 Dismantlement and disposal of nuclear-powered aircraft carriers
removed
removed
In general— Chapter 633 of title 10, United States Code, as amended by section 323, is further amended by adding after section 7320, as added by such section 323, the following new section:
removed
“7321. Nuclear-powered aircraft carriers: dismantlement and disposal
removed
“(a) In general—Not less than 90 days before the award of a contract for the dismantlement and disposal of a nuclear-powered aircraft carrier, or the provision of funds to a naval shipyard for the dismantlement and disposal of a nuclear-powered aircraft carrier, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the following:
removed
“(1) A cost and schedule baseline for the dismantlement and disposal approved by the service acquisition executive of the Department of the Navy and the Chief of Naval Operations.
removed
“(2) A description of the regulatory framework applicable to the management of radioactive materials in connection with the dismantlement and disposal, including, in cases in which the Navy intends to have another government entity serve as the regulatory enforcement authority—
removed
“(A) a certification from that entity of its agreement to serve as the regulatory enforcement authority; and
removed
“(B) a description of the legal basis for the authority of that entity to serve as the regulatory enforcement authority.
removed
“(b) Supplemental information with budgets—In the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for a fiscal year (as submitted to Congress under section 1105(a) of title 31), the Secretary of the Navy shall include information on each dismantlement and disposal of a nuclear-powered aircraft carrier occurring or planned to occur during the period of the future-years defense program submitted to Congress with that budget. Such information shall include, by ship concerned, the following:
removed
“(1) A summary of activities and significant developments in connection with such dismantlement and disposal.
removed
“(2) If applicable, a detailed description of cost and schedule performance against the baseline for such dismantlement and disposal established pursuant to subsection (a), including a description of and explanation for any variance from such baseline.
removed
“(3) A description of the amounts requested, or intended or estimated to be requested, for such dismantlement and disposal for each of the following:
removed
“(A) Each fiscal year covered by the future-years defense program.
removed
“(B) Any fiscal years before the fiscal years covered by the future-years defense program.
removed
“(C) Any fiscal years after the end of the period of the future-years defense program.
removed
“(c) Future-years defense program defined—In this section, the term future-years defense program means the future-years defense program required by section 221 of this title.”
removed
Clerical amendment— The table of sections at the beginning of chapter 633 of such title, as amended by section 323, is further amended by adding at the end the following new item:
Sec. 1017 Limitation on use of funds for retirement of hospital ships
removed
removed
Limitation— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Navy may be obligated or expended to retire, prepare to retire, transfer, or place in storage any hospital ship.
removed
Waiver— The Secretary of the Navy may waive the limitation in subsection (a) with respect to a hospital ship if the Secretary certifies to the congressional defense committees that the Secretary has—
removed
identified a replacement capability, and the necessary quantity of systems, to meet all hospital ship requirements of the combatant commands that are currently being met by such hospital ship;
removed
achieved initial operational capability of all systems described in paragraph (1); and
removed
deployed a sufficient quantity of systems described in paragraph (1) that have achieved initial operational capability in order to continue to meet or exceed all requirements of the combatant commands that are currently being met by such hospital ship.
Sec. 1018 Inclusion of aircraft carrier refueling overhaul budget request in annual budget justification materials
removed
removed
The Secretary of Defense shall include in the budget justification materials submitted to Congress by the Secretary in support of the budget of the President for fiscal year 2020 and each subsequent fiscal year, as part of the budget request for Shipbuilding and Conversion, Navy, a detailed aircraft carrier refueling overhaul budget request, by hull number, including all funding requested for reactor power units and reactor components.
Sec. 1019 Business case analysis of Ready Reserve Force recapitalization options
removed
removed
Business case analysis required— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall, in consultation with the Administrator of the Maritime Administration and the Commander of United States Transportation Command, submit to the congressional defense committees a report setting forth a business case analysis of recapitalization options for the Ready Reserve Force.
removed
Elements— The business case analysis required by subsection (a) shall include the following:
removed
Each sealift capability area, and the associated capacity, for which Ready Reserve Force vessels are required to be recapitalized through fiscal year 2048.
removed
The categories of vessels being considered in each area specified pursuant to paragraph (1), including the following:
removed
United States purpose-built vessels (such as Common Hull Auxiliary Multi-mission Platform).
removed
United States non-purpose built vessels (such as vessels formerly engaged in Jones Act trade).
removed
Foreign-built vessels that participated in the Maritime Security Program.
removed
Foreign-built vessels that did not participate in the Maritime Security Program.
removed
Foreign-designed, United States-built vessels.
removed
For each category of vessel specified pursuant to paragraph (2), the following:
removed
Anticipated availability of vessels within such category in the timeframe needed to meet United States Transportation Command sealift requirements.
removed
Anticipated purchase price, if applicable.
removed
Anticipated cost and scope of modernization.
removed
Anticipated duration of modernization period.
removed
Anticipated service life as a Ready Reserve Force vessel.
removed
Anticipated military utility.
removed
Ability of one such vessel to replace more than one existing Ready Reserve Force vessel.
removed
A cost-benefit determination on the mix of capabilities and vessels identified pursuant to paragraphs (1) through (3) that could ensure United States Transportation Command sealift requirements are met through fiscal year 2048, which determination shall include a comparison of the useful service life of each category of vessels specified pursuant to paragraph (2) with the costs of such category of vessels.
Sec. 1020 Transfer of excess naval vessel to Bahrain
removed
removed
Transfer by grant— The President is authorized to transfer to the Government of Bahrain the OLIVER HAZARD PERRY class guided missile frigate ex-USS ROBERT G. BRADLEY (FFG–49) on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
removed
Grant not counted in annual total of transferred excess defense articles— The value of the vessel transferred to the Government of Bahrain on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
removed
Costs of transfer— Any expense incurred by the United States in connection with the transfer authorized by this section shall be charged to the Government of Bahrain notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)).
removed
Repair and refurbishment in united states shipyards— To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the Government of Bahrain have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that country, performed at a shipyard located in the United States, including a United States Navy shipyard.
removed
Expiration of authority— The authority to transfer a vessel under this section shall expire at the end of the three-year period beginning on the date of the enactment of this Act.
Sec. 1021 Inclusion of operation and sustainment costs in annual naval vessel construction plans
addedadded Section 231(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
added “(F) The estimated operations and sustainment costs required to support the vessels delivered under the naval vessel construction plan.”
Sec. 1022 Purchase of vessels using funds in National Defense Sealift Fund
added
added
In general— Section 2218(f)(3) of title 10, United States Code, is amended—
added
in subparagraph (C)—
added
by striking “two” and inserting “ten”; and
added
by striking “ships” and inserting “vessels”;
added
by redesignating subparagraph (E) as subparagraph (F); and
added
by inserting after subparagraph (D) the following new subparagraph (E):
added “(E) The Secretary may not use the authority under this paragraph to procure more than two foreign constructed vessels unless the Secretary submits to Congress, by not later than the second week of February of the fiscal year during which the Secretary plans to use such authority, a certification that—
added “(i) the Secretary has initiated an acquisition strategy for the construction in United States shipyards of not less than ten new sealift vessels purchased with funds in the National Defense Sealift Fund; and
added “(ii) of such new sealift vessels, the lead ship is anticipated to be delivered by not later than 2026.”
added
Limitation on use of funds— Of the amounts authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for the Military Sealift Command, the Secretary of the Navy may not obligate or expend more than 75 percent until the Secretary submits to the congressional defense committees certification that the Navy has—
added
entered into a contract for the procurement of two used National Defense Reserve Fleet vessels in accordance with section 2218(f)(3)(C) of title 10, United States Code; and
added
completed the capability development document for the common hull multi-mission platform.
Sec. 1023 Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund
addedadded Section 2218(f)(3) of title 10, United States Code, as amended by section 1022, is further amended—
added
in subparagraph (F), as redesignated by such section 1022—
added
by striking “30 days after” and inserting “30 days before”;
added
in clause (i), by inserting “proposed” before “date”;
added
in clause (ii), by striking “was” and inserting “would be”; and
added
by adding at the end the following new clause:
added “(viii) A detailed account of the criteria used to make the determination under subparagraph (B).”
added
by inserting after subparagraph (F), as so redesignated, the following new subparagraph:
added “(G) The Secretary may not finalize or execute the final purchase of any vessel using the authority under this paragraph until 30 days after the date on which a report under subparagraph (E) is submitted with respect to such purchase.”
Sec. 1024 Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels
added
added
Model basin; investigation of hull designs— Section 7303 of title 10, United States Code, is amended by striking “(a) An office” and all that follows through “(b) The Secretary” and inserting “The Secretary”.
added
Repeal of certain provisions of chapter 633 of title 10, United States Code—
added
In general— The following sections of chapter 633 of title 10, United States Code, are repealed:
added
Section 7294.
added
Section 7295.
added
Section 7300.
added
Section 7306.
added
Section 7306b.
added
Clerical amendments— The table of sections at the beginning of such chapter is amended by striking the items relating to sections 7294. 7295. 7300, 7306, and 7306b.
added
Other provisions of law—
added
Repeal of metering of Navy piers to accurately measure energy consumption— Section 2828 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1694; 10 U.S.C. 7291 note) is repealed.
added
Modification of advance procurement funding— Section 124 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2214; 10 U.S.C. 7291 note) is amended—
added
by striking subsection (a); and
added
by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
added
Repeal of policy Relating to Major Combatant Vessels of the Strike Forces of the United States Navy— Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303; 10 U.S.C. 7291 note) is repealed.
added
Repeal of alternative technologies for future surface combatants— Section 128 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2109; 10 U.S.C. 7291 note) is repealed.
added
Repeal of obsolete provision on vessel scrapping pilot program— Section 8124 of the Department of Defense Appropriations Act, 1999 (Public Law 105–262; 112 Stat. 2333; 10 U.S.C. 7291 note) is repealed.
added
Repeal of provision on consideration of vessel location for award of layberth contracts for sealift vessels— Section 375 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2385; 10 U.S.C. 7291 note) is repealed.
added
Repeal of provision on revitalization of united states shipbuilding industry— Section 1031 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2489; 10 U.S.C. 7291 note) is repealed.
added
Repeal of fast sealift program—
added
Procurement of ships— Section 1021 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2485; 10 U.S.C. 7291 note) is repealed.
added
Establishment of program— Section 1424 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1683; 10 U.S.C. 7291 note) is repealed.
added
Repeal of requirements relating to depot-level maintenance of ships— Section 1614 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1601; 10 U.S.C. 7291 note) is amended by striking subsections (a) and (b).
added
Repeal of obsolete requirement for reports on effects of naval shipbuilding plans on maritime industries— Section 1227 of the National Defense Authorization Act for Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2055; 10 U.S.C. 7291 note) is repealed.
added
Repeal of six-hundred-ship goal for navy; sense of Congress— Section 791 of the Department of Defense Appropriations Act, 1982 (Public Law 97–114; 95 Stat. 1593; 10 U.S.C. 7291 note) is repealed.
added
Repeal of prohibition on use of public and private shipyards for conversion, overhaul, or repair work under certain programs— Section 811 of the Department of Defense Appropriations Act, 1979 (Public Law 95–485; 92 Stat. 1624; 10 U.S.C. 7291 note) is repealed.
added
Repeal of obsolete requirement to submit a five-year naval ship new construction and conversion program— Section 808 of the Department of Defense Authorization Act, 1976 (Public Law 94–106; 89 Stat. 539; 10 U.S.C. 7291 note) is repealed.
Sec. 1025 Retention of Navy hospital ship capability
added
added
Retention of ships— The Secretary of the Navy shall retain two T-AH 19 Mercy-class hospital ships at a readiness level that provides for the activation and deployment of each such ship within a period that does not exceed 5 days.
added
Waiver authority— The Secretary of the Navy may waive the requirement under subsection (a) if the Secretary submits to the congressional defense committees certification in writing that the Secretary has—
added
for any T-AH 19 Mercy-class hospital ship to be retired or transferred, identified a replacement capability to meet the combatant commander afloat medical capability for medical and surgical care that is being met by the ship to be retired or transferred; and
added
achieved the initial operational capability of the replacement capability described in paragraph (1).
Sec. 1031 Definition of sensitive military operation
added Subsection (d) of section 130f of title 10, United States Code, is amended to read as follows:
added “(d) Sensitive military operation defined
added “(1) Except as provided in paragraph (2), in this section, the term “sensitive military operation” means a lethal operation or capture operation conducted by the armed forces or conducted by a foreign partner in coordination with the armed forces that targets a specific individual or individuals.
added “(2) For purposes of this section, the term “sensitive military operation” does not include any operation conducted within Afghanistan.”
removed
In general— Subsection (d) of section 130f of title 10, United States Code, is amended to read as follows:
removed
“(d) Sensitive military operation defined
removed
“(1) Except as provided in paragraph (2), in this section, the term “sensitive military operation” means—
removed
“(A) a lethal operation or capture operation conducted by the armed forces or conducted by a foreign partner in coordination with the armed forces that targets a specific individual or individuals; or
removed
“(B) an operation conducted by the armed forces in self-defense or in defense of foreign partners, including during a cooperative operation.
removed
“(2) For purposes of this section, the term “sensitive military operation” does not include any operation conducted within Afghanistan, Syria, or Iraq.”
removed
Collective self-defense notification— Such section is further amended by adding at the end the following new subsection:
removed
“(f) Collective self-defense notification requirement—Not later than 48 hours after the date on which a foreign partner force has been designated as eligible for the provision of collective self-defense by the armed forces for the purposes of subsection (d)(1)(B), the Secretary of Defense shall provide to the congressional defense committees notice in writing of such designation.”
removed
Report— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
removed
a list of any instance in which a member of the Armed Forces has engaged or been engaged by enemy forces, used self-defense, or provided collective self-defense of foreign partner forces in a country other than Afghanistan, Iraq, or Syria since December 26, 2013; and
removed
a list of all foreign partner forces outside of Afghanistan, Iraq, and Syria for which the United States Armed Forces are authorized to provide collective self-defense.
Sec. 1032 Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States
changed
Section 1036 of No amounts authorized to be appropriated or otherwise made available for the National Department of Defense Authorization may be used during the period beginning on the date of the enactment of this Act for Fiscal Year 2018 (Public Law 115–91) is amended by inserting “or 2019” after “fiscal year 2018”.and ending on December 31, 2019, to transfer, release, or assist in the transfer of or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—
added
is not a United States citizen or a member of the Armed Forces of the United States; and
added
is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 1033 Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba
added
In general— No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense.
removed
No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer, release, or assist in the transfer of or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—
changed
Exception— is The prohibition in subsection (a) shall not a United States citizen or a member of the Armed Forces apply to any modification of the facilities at United States; andStates Naval Station, Guantanamo Bay, Cuba.
changed
Individual detained at Guantanamo defined— is or was held on or after January 20, 2009, In this section, the term “individual detained at United States Naval Station, Guantanamo Bay, Cuba, by Guantanamo” has the Department meaning given that term in section 1034(f)(2) of Defense.the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 U.S.C. 801 note).
Sec. 1034 Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries
added No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:
removed
In general— No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense.
changed
Exception— The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.Libya.
changed
Individual detained at Guantanamo defined— In this section, the term “individual detained at Guantanamo” has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 U.S.C. 801 note).Somalia.
added
Syria.
added
Yemen.
Sec. 1035 Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries
removed
removed
No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:
removed
Libya.
removed
Somalia.
removed
Syria.
removed
Yemen.
Sec. 1041 Notification on the provision of defense sensitive support
changed
Section 113(g) 1055 of title 10, United States Code, is amended by striking paragraphs (2) through (4) and inserting the following new paragraphs (2) through (4):National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—
added
in subsection (a)—
added
in paragraph (1), by striking “; and” and inserting a semicolon;
added
in paragraph (2)(B), by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following new paragraphs:
added “(3) is requested by the non-Department of Defense Federal department or agency only after the department or agency has first reasonably attempted to use the resources of that department or agency to accomplish the mission for which the department or agency is making such request; and
added “(4) is most appropriately provided by the Department of Defense rather than another department or agency of the Federal Government.”
added
in subsection (b), by adding at the end the following new paragraph:
added “(4) Reverse defense sensitive support request—The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1) and (3).”
removed
“(2)
removed
“(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year provide to the officials and officers referred in paragraph (1)(A) written guidance (to be known as “Defense Planning Guidance”) establishing goals, priorities, and objectives, including fiscal constraints, to direct the preparation and review of the program and budget recommendations of all elements of the Department, including—
removed
“(i) the priority military missions of the Department, including the assumed force planning scenarios and constructs;
removed
“(ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by paragraph (1);
removed
“(iii) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective; and
removed
“(iv) a discussion of any changes in the strategy required by paragraph (1) and assumptions underpinning the strategy, as required by paragraph (1).
removed
“(B) The guidance required by this paragraph shall be produced in February each year in order to support the planning and budget process. A comprehensive briefing on the guidance shall be provided to the congressional defense committees at the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31) for the fiscal year beginning in the year in which such guidance is produced.
removed
“(3)
removed
“(A) In implementing the requirement in paragraph (1) and in conjunction with the reporting requirement in section 2687a of this title, the Secretary, with the approval of the President and the advice of the Chairman of the Joint Chiefs of Staff, shall, on the basis provided in subparagraph (E), provide to the officials and officers referred to in paragraph (1)(A) written guidance (to be known as “Contingency Planning Guidance” or “Guidance for Employment of the Force”) on the preparation and review of contingency and campaign plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities.
removed
“(B) The guidance required by this paragraph shall include the following:
removed
“(i) A description of the manner in which limited existing forces and resources shall be prioritized and apportioned to achieve the objectives described in the strategy required by paragraph (1).
removed
“(ii) A description of the relative priority of contingency and campaign plans, specific force levels, and supporting resource levels projected to be available for the period of time for which such plans are to be effective.
removed
“(C) The guidance required by this paragraph shall include the following:
removed
“(i) Prioritized global, regional, and functional policy objectives that the armed forces should plan to achieve, including plans for deliberate and contingency scenarios.
removed
“(ii) Policy and strategic assumptions that should guide military planning, including the role of foreign partners.
removed
“(iii) Guidance on global posture and global force management.
removed
“(iv) Security cooperation priorities.
removed
“(v) Specific guidance on United States and Department nuclear policy.
removed
“(D) The guidance required by this paragraph shall be the primary source document to be used by the Chairman of the Joint Chiefs of Staff in—
removed
“(i) executing the global military integration responsibilities described in section 153 of this title; and
removed
“(ii) developing implementation guidance for the Joint Chiefs of Staff and the commanders of the combatant commands.
removed
“(E) The guidance required by this paragraph shall be produced every two years, or more frequently as needed.
removed
“(4)
removed
“(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year produce, and submit to the congressional defense committees, a report (to be known as the “Global Defense Posture Report”) that shall include the following:
removed
“(i) A description of major changes to United States forces, capabilities, and equipment assigned and allocated outside the United States, focused on significant alterations, additions, or reductions to such global defense posture that are required to execute the strategy and plans of the Department.
removed
“(ii) A description of the supporting network of infrastructure, facilities, pre-positioned stocks, and war reserve materiel required for execution of major contingency plans of the Department.
removed
“(iii) A list of all enduring locations, including main operating bases, forward operating sites, and cooperative security locations.
removed
“(iv) A description of the status of treaty, access, cost-sharing, and status-protection agreements with foreign nations.
removed
“(v) A summary of the priority posture initiatives for each region by the commanders of the combatant commands.
removed
“(vi) For each military department, a summary of the implications for overseas posture of any force structure changes.
removed
“(vii) A description of the costs incurred outside the United States during the preceding fiscal year in connection with operating, maintaining, and supporting United States forces outside the United States for each military department, broken out by country, and whether for operation and maintenance, infrastructure, or transportation.
removed
“(viii) A description of the amount of direct support for the stationing of United States forces provided by each host nation during the preceding fiscal year.
removed
“(B) The report required by this paragraph shall be submitted to the congressional defense committees as required by subparagraph (A) by not later than April 30 each year.
removed
“(C) In this paragraph, the term United States, when used in a geographic sense, includes the territories and possessions of the United States.”
Sec. 1042 Coordinating United States response to malign foreign influence operations and campaigns
added
In general— Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) is amended—
added
in subsection (b)—
added
in paragraph (2), by striking “and” at the end;
added
in paragraph (3), by striking the period and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(4) coordinate, without assuming operational authority, the United States Government response to malign foreign influence operations and campaigns.”
added
by adding at the end the following new subsections:
added “(g) Coordinator for combating malign foreign influence operations and campaigns
added “(1) In general—The President shall designate an employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns.
added “(2) Congressional briefing
added “(A) In general—Not less frequently than twice each year, the employee designated under this subsection shall provide to the congressional committees specified in subparagraph (B) a briefing on the responsibilities and activities of the individual under this subsection.
added “(B) Committees specified—The congressional committees specified in this subparagraph are the following:
added “(i) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.
added “(ii) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
added “(h) Definition of malign foreign influence operations and campaigns—In this section, the term “malign foreign influence operations and campaigns” means the coordinated, integrated, and synchronized application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to foster attitudes, behaviors, decisions, or outcomes within the United States.”
added
Strategy—
removed
Section 1055 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—
removed
in subsection (a)—
changed
In general— Not later than 9 months after the date of the enactment of this Act, the President, acting through the National Security Council, shall submit to the congressional committees specified in paragraph (1), by striking “; and” and inserting (2) a semicolon;strategy to counter malign foreign influence operations and campaigns (as such term is defined in section 101(h) of the National Security Act of 1947 (50 U.S.C. 3021), as added by subsection (a)).
changed
Committees specified— The congressional committees specified in this paragraph (2)(B), by striking the period at are the end and inserting “; and”; andfollowing:
added
The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
removed
by adding at the end the following new paragraphs:
removed
“(3) has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency.”
removed
in subsection (b), by adding at the end the following new paragraph:
removed
“(4) Reverse defense sensitive support request—The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1) and (3).”
Sec. 1043 Workforce issues for military realignments in the Pacific
added Section 6(b)(1) of the Joint Resolution entitled “A Joint Resolution to approve the “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America”, and for other purposes”, approved March 24, 1976 (48 U.S.C. 1806(b)(1)) is amended—
added
in subparagraph (A), by striking “during the transition program” and inserting “during the period beginning on the transition program effective date and ending on the later of September 30, 2020, or the last day of the transition period”;
removed
In general— Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) is amended—
removed
in subsection (b)—
removed
in paragraph (2), by striking “and” at the end;
removed
in paragraph (3), by striking the period and inserting “; and”; and
removed
by adding at the end the following new paragraph:
removed
“(4) coordinate, without assuming operational authority, the United States Government response to malign foreign influence operations and campaigns.”
removed
by adding at the end the following new subsections:
removed
“(g) Coordinator for combating malign foreign influence operations and campaigns
removed
“(1) In general—The President shall designate an employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns.
removed
“(2) Congressional briefing
removed
“(A) In general—Not less frequently than twice each year, the employee designated under this subsection, or the employee’s designee, shall provide to the congressional committees specified in subparagraph (B) a briefing on the responsibilities and activities of the employee designated under this subsection.
removed
“(B) Committees specified—The congressional committees specified in this subparagraph are the following:
removed
“(i) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
“(ii) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
removed
“(h) Definition of malign foreign influence operations and campaigns—In this section, the term “malign foreign influence operations and campaigns” means the coordinated, direct or indirect application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to affect attitudes, behaviors, decisions, or outcomes within the United States.”
removed
Strategy—
removed
In general— Not later than 9 months after the date of the enactment of this Act, the President, acting through the National Security Council, shall submit to the congressional committees specified in paragraph (2) a strategy to counter malign foreign influence operations and campaigns (as such term is defined in section 101(h) of the National Security Act of 1947 (50 U.S.C. 3021), as added by subsection (a)).
removed
Committees specified— The congressional committees specified in this paragraph are the following:
removed
The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
changed
Deadline for appointment— Not later than 180 days after the date of the enactment of this Act, the President shall designate the employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns pursuant by amending subparagraph (B) to subsection (g)(1) of section 101 of the National Security Act of 1947 (50 U.S.C. 3021), read as added by subsection (a)(2).follows:
added “(B) H-2B workers—In the case of an alien described in subparagraph (A) who seeks admission under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)), the alien, if otherwise qualified, may, before the later of December 31, 2023, or the last day of the transition period, be admitted under such section, notwithstanding the requirement of such section that the service or labor be temporary, for a period of up to 3 years—
added “(i) to perform service or labor on Guam or in the Commonwealth pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contact or subcontract for construction, repairs, renovations, or facility services that is directly connected to, or associated with, the military realignment occurring on Guam and in the Commonwealth; or
added “(ii) to perform service or labor as a health care worker (such as a nurse, physician assistant, or allied health professional) on Guam or in the Commonwealth, subject to the education, training, licensing, and other requirements of section 212(a)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(C)), as applicable, except that this clause shall not be construed to include graduates of medical schools coming to Guam or the Commonwealth to perform service or labor as members of the medical profession.”
added
by adding at the end the following:
added “(C) Returning workers—After the end of the period described in subparagraph (A), any alien who was admitted to Guam or the Commonwealth pursuant to subparagraph (A) or (B) may again seek admission to Guam or the Commonwealth under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) without being counted toward the numerical limitation of section 214(g)(1)(B) of such Act (8 U.S.C. 1184(g))(1)(B)). Such an alien shall be considered to be a returning worker subject to subparagraphs (B) and (C) of section 214(g)(9) of such Act (8 U.S.C. 1184(g)(9)). An alien may be considered to be a returning worker under this subparagraph only once.”
Sec. 1044 Mitigation of operational risks posed to certain military aircraft by automatic dependent surveillance-broadcast equipment
added
In general— The Secretary of Transportation may not—
added
directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as “ADS-B”) equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense;
added
deny or reduce air traffic control services in United States airspace or international airspace delegated to the United States to any aircraft described in paragraph (1) on the basis that such aircraft is not equipped with ADS-B equipment; or
added
restrict or limit airspace access for aircraft described in paragraph (1) on the basis such aircraft are not equipped with ADS-B equipment.
removed
Section 47504(c)(2) of title 49, United States Code, is amended—
changed
Termination— in subparagraph (D) Subsection (a) shall cease to be effective on the date that the Secretary of Transportation and the Secretary of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing that fighter aircraft, bomber aircraft, and other special mission aircraft owned or operated by striking “and” at the end;Department of Defense that are not equipped or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services.
changed
Rule of construction— Nothing in subparagraph (E) by striking the period at the end and inserting “; and”; andthis section may be construed to—
added
vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law;
added
vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or
added
limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the efficient use of airspace.
changed
Notification requirement— by adding at The Secretary of Defense shall provide to the end Secretary of Transportation notification of any aircraft the following:Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3).
added
Definitions— In this section:
added
The term “appropriate congressional committees” means 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.
added
The term “air traffic control services” means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information.
added
The term “special mission aircraft” means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk.
removed
“(F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project—
removed
“(i) consists of—
removed
“(I) replacement windows, doors, and the installation of through-the-wall air conditioning units; or
removed
“(II) a contribution of the equivalent costs to be used for reconstruction if reconstruction is the preferred local solution;
removed
“(ii) is located at a school near the airport; and
removed
“(iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied.”
Sec. 1045 Limitation on availability of funds for unmanned surface vehicles
changed
In general—Limitation— Section 6(b) None of the Joint Resolution entitled “A Joint Resolution funds authorized to approve be appropriated by this Act or otherwise made available for fiscal year 2019 for the “Covenant To Establish a Commonwealth Department of Defense for the Northern Mariana Islands in Political Union With strategic capabilities office ghost fleet overlord unmanned surface vehicle program may be obligated or expended until the United States Undersecretary of America”, and Defense for other purposes”, approved March 24, 1976 (48 U.S.C. 1806(b)) is amended—Research and Engineering, in coordination with the Secretary of the Navy, certifies to the congressional defense committees that—
changed
in paragraph (1), by amending subparagraph (B) to read as follows:such project accelerates development of the future unmanned surface vehicle program of the Navy;
removed
“(B) H-2B workers—In the case of an alien described in subparagraph (A) who seeks admission under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)), the alien, if otherwise qualified, may, before December 31, 2023, be admitted under such section, notwithstanding the requirement of such section that the service or labor be temporary, for a period of up to 3 years—
removed
“(i) to perform service or labor on Guam or in the Commonwealth pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contact or subcontract for construction, repairs, renovations, or facility services that is directly connected to, or associated with, the military realignment occurring on Guam and in the Commonwealth; or
removed
“(ii) to perform service or labor as a health care worker (such as a nurse, physician assistant, or allied health professional) at a facility that jointly serves members of the Armed Forces, dependents, and civilians on Guam or in the Commonwealth, subject to the education, training, licensing, and other requirements of section 212(a)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(C)), as applicable, except that this clause shall not be construed to include graduates of medical schools coming to Guam or the Commonwealth to perform service or labor as members of the medical profession.”
changed
by amending paragraph (2) to read the Commander of the Naval Sea Systems Command has been designated as follows:the contracting officer for such project; and
added
the desired procurement strategy for the ghost fleet overlord project is properly coordinated and not duplicative of the unmanned surface vehicle sea hunter program of the Navy.
removed
“(2) Locations—Paragraph (1) does not apply with respect to the performance of services of labor at a location other than Guam or the Commonwealth.”
changed
Effective date—Rule of construction— The amendments made by limitation in subsection (a) shall take effect on the date not be construed to apply to any other unmanned surface vehicle program of the enactment Department of this Act.Defense other than the program element specified in such subsection.
Sec. 1046 Program for Department of Defense controlled unclassified information in the hands of industry
changed
In general— The Secretary of Transportation Defense shall establish and implement a foreign ownership, control, or influence program for Department of Defense controlled unclassified information in the hands of industry. The Secretary may not—designate an entity or individual within the Department to take responsibility for such controlled unclassified information and the oversight of the program.
removed
directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as “ADS-B”) equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense;
removed
deny or reduce air traffic control services in United States airspace or international airspace delegated to the United States to any aircraft described in paragraph (1) on the basis that such aircraft is not equipped with ADS-B equipment; or
removed
restrict or limit airspace access for aircraft described in paragraph (1) on the basis such aircraft are not equipped with ADS-B equipment.
changed
Termination—Program requirements— Subsection (a) shall cease to be effective on the date that Under the Secretary of Transportation and program required by subsection (a), the Secretary of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing shall require that fighter aircraft, bomber aircraft, and other special mission aircraft owned prior to any company receiving controlled unclassified information or operated by the Department of Defense that are not equipped classified information, or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services.becoming a cleared defense contractor—
added
the company shall report to the Secretary any foreign—
added
direction or controlling interest of the company; or
added
access to intellectual property relating to classified information or controlled unclassified information; and
added
the Secretary shall determine if, on the basis of information reported under paragraph (1), the company should receive such information, including if risk to the national security can be mitigated and how such mitigation would be enforced.
removed
Rule of construction— Nothing in this section may be construed to—
removed
vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law;
removed
vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or
removed
limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the efficient use of airspace.
removed
Notification requirement— The Secretary of Defense shall provide to the Secretary of Transportation notification of any aircraft the Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3).
removed
Definitions— In this section:
removed
The term “appropriate congressional committees” means 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.
removed
The term “air traffic control services” means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information.
removed
The term “special mission aircraft” means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk.
Sec. 1047 Protection of emerging and foundational technologies
changed
Limitation—List— Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department The Secretary of Defense for the Strategic Capabilities Office ghost fleet overlord unmanned surface vehicle program may be obligated or expended until the Undersecretary shall establish and maintain a list of Defense for Research emerging and Engineering, in coordination with foundational technologies that are necessary for maintaining the Secretary national security technological advantage of the Navy, certifies to United States over foreign countries of special concern, as determined by the congressional defense committees that—Secretary.
removed
such project accelerates development of the future unmanned surface vehicle program of the Navy; and
removed
the desired procurement strategy for the ghost fleet overlord project is properly coordinated and not duplicative of the unmanned surface vehicle sea hunter program of the Navy.
changed
Rule of construction—Technology protection— The limitation in Secretary should use the list under subsection (a) shall not be construed to apply to any other unmanned surface vehicle program of the Department of Defense other than inform activities carried out by the program element specified in such subsection.Secretary relating to technology protection, including under interagency processes conducted pursuant to Federal law.
Sec. 1048 Airborne Hazards and Open Burn Pit Registry
changed
In general—Education campaign— The Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense—Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.
removed
shall establish and implement a pilot program for oversight of designated Department of Defense controlled unclassified information in the hands of defense contractors with foreign ownership, control, or influence concerns; and
removed
may designate an entity within the Department to be responsible for the pilot program under paragraph (1).
changed
Program requirements—Airborne Hazards and Open Burn Pit Registry defined— The pilot program In this section, the term “Airborne Hazards and Open Burn Pit Registry” means the registry established by the Secretary of Veterans Affairs under subsection (a) shall have section 201 of the following elements:Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
removed
The use of a capability to rapidly identify companies subject to foreign ownership, control, or influence that are processing designated controlled unclassified information, including unclassified controlled technical information.
removed
The use, in consultation with the Chief of Information Officer of the Department, of a capability or means for assessing industry compliance with Department cybersecurity standards.
removed
A means of demonstrating whether and under what conditions the risk to national security posed by access to Department controlled unclassified information, including unclassified controlled technical information, by a company under foreign ownership, control, or influence company can be mitigated and how such mitigation could be enforced.
removed
Briefing required— By not later than 30 days after the completion of the pilot program under this section, but in no case later than December 1, 2019, the Secretary shall provide to the congressional defense committees a briefing on the results of the pilot program and any decisions about whether to implement the pilot program on a Department-wide basis.
Sec. 1049 Evaluation of pilot safety by Military Aviation and Installation Assurance Siting Clearinghouse
changed
List required—In general— The Secretary of Defense shall establish and maintain a list of acquisition programs, technologies, manufacturing capabilities, and research areas that are critical for maintaining the national security technological advantage Section 183a of the title 10, United States over foreign countries of special concern. The list shall be accompanied by a justification for inclusion of items on the list, including specific performance and technical figures of merit.Code, is amended—
added
by striking “unacceptable risk to the national security of the United States” each place it appears and inserting “unacceptable risk to military operations and readiness”; and
added
in subsection (h)—
added
in paragraph (1), by inserting “pilot safety,” after “flight operations,”; and
added
by amending paragraph (7) to read as follows:
added “(7) The term “unacceptable risk to military operations and readiness” means the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill, that the Secretary of Defense can demonstrate would—
added “(A) endanger safety in air commerce directly related to the activities of the Department of Defense;
added “(B) interfere with the efficient use of the navigable airspace directly related to the activities of the Department of Defense; or
added “(C) significantly impair or degrade the capability of the Department of Defense to—
added “(i) ensure pilot safety;
added “(ii) conduct training, research, development, testing, and evaluation, and operations; or
added “(iii) maintain military readiness.”
changed
Use of list—Conforming amendment— The Secretary may use Section 44718 of title 49, United States Code, is amended by striking “unacceptable risk to the list required under subsection (a) to—national security of the United States” each place it appears and inserting “unacceptable risk to military operations and readiness”.
removed
guide the recommendations of the Secretary in any interagency determinations conducted pursuant to Federal law relating to technology protection, including relating to export licensing, deemed exports, technology transfer, and foreign direct investment;
removed
inform the Secretary while engaging in interagency processes on promotion and protection activities involving acquisition programs and technologies that are necessary to achieve and maintain the national security technology advantage of the United States and that are supportive of military requirements and strategies;
removed
inform the Department’s activities to integrate acquisition, intelligence, counterintelligence and security, and law enforcement to inform requirements, acquisition, programmatic, and strategic courses of action for technology protection;
removed
inform development of research investment strategies and activities and develop innovation centers and an emerging technology industrial base through the employment of financial assistance from the United States Government through appropriate statutory authorities and programs;
removed
identify opportunities for alliances and partnerships in key research and development areas to achieve and maintain a national security technology advantage; and
removed
carry out such other purposes as identified by the Secretary.
removed
Publication— The Secretary shall—
removed
publish the list required under subsection (a) by not later than December 31, 2018; and
removed
update such list at least annually.
Sec. 1050 Sale of surplus Department of Defense equipment to eligible farmers
added Section 2576a of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(g) Sale of equipment to farmers
added “(1) During the three-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary of Defense, in consultation with the Secretary of Agriculture, may transfer to eligible farmers equipment of the Department of Defense that is—
added “(A) appropriate for use by farmers; and
added “(B) excess to the needs of the Department of Defense.
added “(2) A farmer is eligible to purchase equipment under this subsection if the farmer is—
added “(A) a veteran and a new and beginning farmer, as determined by the Secretary; and
added “(B) submits to the Secretary an application containing such information and assurances as the Secretary may require.
added “(3) Equipment made available for transfer to farmers under this subsection shall be made available to such farmers before such equipment is made available for public sale.
added “(4) Not later than 60 days after the termination of the authority under this subsection, the Secretary shall submit to Congress a report on this subsection that includes the recommendations of the Secretary regarding the extension or expansion of the program.”
removed
Education campaign— Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.
removed
Airborne Hazards and Open Burn Pit Registry defined— In this section, the term “Airborne Hazards and Open Burn Pit Registry” means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
Sec. 1050A National Security Commission on Artificial Intelligence
added
added
Establishment—
added
In general— There is established in the executive branch an independent Commission to review advances in artificial intelligence, related machine learning developments, and associated technologies.
added
Treatment— The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title.
added
Designation— The Commission established under paragraph (1) shall be known as the “National Security Commission on Artificial Intelligence”.
added
Membership—
added
Composition— The Commission shall be composed of 15 members appointed as follows:
added
The Secretary of Defense shall appoint 2 members.
added
The Secretary of Commerce shall appoint 1 member.
added
The Chairman of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member.
added
The Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member.
added
The Chairman of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member.
added
The Ranking Member of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member.
added
The Chairman of the Committee on Armed Services of the Senate shall appoint 1 member.
added
The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.
added
The Chairman of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
added
The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
added
The Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member.
added
The Vice Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member.
added
The Chairman of the Permanent Select Committee on Intelligence of the House of Representatives shall appoint 1 member.
added
The Ranking Member of the Permanent Select Committee Intelligence of the House of Representatives shall appoint 1 member.
added
Deadline for appointment— Members shall be appointed to the Commission under paragraph (1) not later than 90 days after the Commission establishment date.
added
Effect of lack of appointment by appointment date— If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.
added
Chair and vice chair— The Commission shall elect a Chair and Vice Chair from among its members.
added
Terms— Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made.
added
Status as federal employees— Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees.
added
Duties—
added
In general— The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States.
added
Scope of the review— In conducting the review paragraph (1), the Commission shall consider the following:
added
The competitiveness of the United States in artificial intelligence, machine learning, and other associated technologies, including matters related to national security, defense, public-private partnerships, and investments.
added
Means and methods for the United States to maintain a technological advantage in artificial intelligence, machine learning, and other associated technologies related to national security and defense.
added
Developments and trends in international cooperation and competitiveness, including foreign investments in artificial intelligence, related machine learning, and computer science fields that are materially related to national security and defense.
added
Means by which to foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic and combined initiatives in artificial intelligence, machine learning, and other associated technologies, to the extent that such efforts have application materially related to national security and defense.
added
Workforce and education incentives to attract and recruit leading talent in artificial intelligence and machine learning disciplines, including science, technology, engineering, and math programs.
added
Risks associated with United States and foreign country advances in military employment of artificial intelligence and machine learning, including international law of armed conflict, international humanitarian law, and escalation dynamics.
added
Associated ethical considerations related to artificial intelligence and machine learning as it will be used for future applications related to national security and defense.
added
Means to establish data standards, and incentivize the sharing of open training data within related national security and defense data-driven industries.
added
Consideration of the evolution of artificial intelligence and appropriate mechanism for managing such technology related to national security and defense.
added
Any other matters the Commission deems relevant to the common defense of the Nation.
added
Reports—
added
Initial report— Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress related to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively organize the Federal Government.
added
Annual comprehensive reports— Not later than one year after the date of this enactment of this Act, and every year thereafter annually, until the date specified in subsection (e), the Commission shall submit a comprehensive report on the review required under subsection (b).
added
Form of reports— Reports submitted under this subsection shall be made publically available, but may include a classified annex.
added
Funding— Of the amounts authorized to be appropriated by this Act for fiscal year 2019 for the Department of Defense, not more than $10,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended.
added
Termination— The Commission shall terminate on October 1, 2020.
added
Definition of artificial intelligence— In this section, the term “artificial intelligence” includes each of the following:
added
Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
added
An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
added
An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
added
A set of techniques, including machine learning that is designed to approximate a cognitive task.
added
An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.
Sec. 1050B Expansion of definition of covered facility or asset for purposes of protection from unmanned aircraft
addedadded Section 130i(j)(3)(C) of title 10, United States Code, is amended—
added
in clause (viii), by striking “or” at the end;
added
in clause (ix), by striking the period and inserting “; or”; and
added
by adding at the end the following new clause:
added “(x) mobility airlift.”
Sec. 1051 Additional matter for inclusion in annual report on civilian casualties in connection with United States military operations
added Section 1057(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by adding at the end the following new subparagraph:
added “(F) A description of any ex gratia payments made in connection with such casualties.”
removed
Establishment—
removed
In general— There is established in the executive branch an independent Commission to review advances in artificial intelligence, related machine learning developments, and associated technologies.
removed
Treatment— The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title.
removed
Designation— The Commission established under paragraph (1) shall be known as the “National Security Commission on Artificial Intelligence”.
removed
Membership—
removed
Composition— The Commission shall be composed of 15 members appointed as follows:
removed
The Secretary of Defense shall appoint 2 members.
removed
The Secretary of Commerce shall appoint 1 member.
removed
The Chairman of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member.
removed
The Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member.
removed
The Chairman of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member.
removed
The Ranking Member of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member.
removed
The Chairman of the Committee on Armed Services of the Senate shall appoint 1 member.
removed
The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.
removed
The Chairman of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
removed
The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
removed
The Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member.
removed
The Vice Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member.
removed
The Chairman of the Permanent Select Committee on Intelligence of the House of Representatives shall appoint 1 member.
removed
The Ranking Member of the Permanent Select Committee Intelligence of the House of Representatives shall appoint 1 member.
removed
Deadline for appointment— Members shall be appointed to the Commission under paragraph (1) not later than 90 days after the Commission establishment date.
removed
Effect of lack of appointment by appointment date— If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.
removed
Chair and vice chair— The Commission shall elect a Chair and Vice Chair from among its members.
removed
Terms— Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made.
removed
Status as federal employees— Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees.
removed
Duties—
removed
In general— The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States.
removed
Scope of the review— In conducting the review paragraph (1), the Commission shall consider the following:
removed
The competitiveness of the United States in artificial intelligence, machine learning, and other associated technologies, including matters related to national security, defense, public-private partnerships, and investments.
removed
Means and methods for the United States to maintain a technological advantage in artificial intelligence, machine learning, and other associated technologies related to national security and defense.
removed
Developments and trends in international cooperation and competitiveness, including foreign investments in artificial intelligence, related machine learning, and computer science fields that are materially related to national security and defense.
removed
Means by which to foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic and combined initiatives in artificial intelligence, machine learning, and other associated technologies, to the extent that such efforts have application materially related to national security and defense.
removed
Workforce and education incentives to attract and recruit leading talent in artificial intelligence and machine learning disciplines, including science, technology, engineering, and math programs.
removed
Risks associated with United States and foreign country advances in military employment of artificial intelligence and machine learning, including international law of armed conflict, international humanitarian law, and escalation dynamics.
removed
Associated ethical considerations related to artificial intelligence and machine learning as it will be used for future applications related to national security and defense.
removed
Means to establish data standards, and incentivize the sharing of open training data within related national security and defense data-driven industries.
removed
Consideration of the evolution of artificial intelligence and appropriate mechanism for managing such technology related to national security and defense.
removed
Any other matters the Commission deems relevant to the common defense of the Nation.
removed
Reports—
removed
Initial report— Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress related to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively organize the Federal Government.
removed
Annual comprehensive reports— Not later than one year after the date of this enactment of this Act, and every year thereafter annually, until the date specified in subsection (e), the Commission shall submit a comprehensive report on the review required under subsection (b).
removed
Form of reports— Reports submitted under this subsection shall be made publically available, but may include a classified annex.
removed
Funding— Of the amounts authorized to be appropriated by this Act for fiscal year 2019 for the Department of Defense, not more than $10,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended.
removed
Termination— The Commission shall terminate on October 1, 2020.
removed
Definition of artificial intelligence— In this section, the term “artificial intelligence” includes each of the following:
removed
Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
removed
An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
removed
An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
removed
A set of techniques, including machine learning that is designed to approximate a cognitive task.
removed
An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.
Sec. 1052 Department of Defense Review and Assessment on Advances, Opportunities, and Risks Related to Artificial Intelligence and Machine Learning
changed
Transfer authority—Review required— Notwithstanding section 2215 of title 10, United States Code, the The Secretary of Defense, acting through the Defense may transfer to Innovation Board and the Under Secretary of State, Defense for use by Research and Engineering, shall carry out a review and assessment of the United States Agency advances in artificial intelligence, related machine learning developments, and associated technologies for International Development, amounts military applications. In carrying out such review, the Secretary shall consider the methods and means necessary to be used for advance the Bien Hoa dioxin cleanup in Vietnam.development of artificial intelligence, machine learning, and associated technologies within the Department of Defense to comprehensively address the national security needs and requirements of the Department of Defense.
changed
Limitation on amounts—Scope of review— Not more than $15,000,000 may be transferred in fiscal year 2019 In conducting the review under paragraph (a) the authority in subsection (a).Secretary of Defense shall consider—
added
the competitiveness of the Department of Defense in artificial intelligence, machine learning, and other associated technologies, including matters pertaining to public-private partnerships and investments;
added
means and methods for the Department of Defense to maintain a technological advantage in artificial intelligence, machine learning, and other associated technologies, including quantum sciences, distributed ledger technologies, and high performance computing;
added
means by which the Department of Defense can help foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic, and combined initiatives in artificial intelligence, machine learning, and other associated technologies, including quantum sciences, distributed ledger technologies, and high performance computing;
added
Department of Defense workforce and education initiatives to attract and recruit leading talent in artificial intelligence and machine learning, including science, technology, engineering, and math programs;
added
means by which the Department of Defense may establish data standards and provide incentives for the sharing of open training data; and
added
any other matters the Secretary of Defense determines relevant with respect to the approach of the Department of Defense to artificial intelligence and machine learning.
added
Reports—
added
Initial report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an initial report on the findings of the review required under subsection (a) and such recommendations as the Secretary may have for legislative action related to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively fund and organize the Department of Defense.
added
Comprehensive report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive report on the review required under subsection (a).
removed
Source of funds— The Secretary of Defense may transfer funds appropriated to the Department of Defense for “Operation and Maintenance, Defense-wide” under the authority in subsection (a).
changed
Additional transfer authority—Definition of artificial intelligence— The transfer authority provided under subsection (a) is in addition to any other transfer authority available to In this section, the Department term “artificial intelligence” includes each of Defense.the following:
added
Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
added
An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
added
An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
added
A set of techniques, including machine learning, that is designed to approximate a cognitive task.
added
An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decisionmaking, and acting.
Sec. 1053 Report on Joint Enterprise Defense Infrastructure
changed
Processes and procedures for integration—Report required— The Secretary of Defense shall—shall submit to the congressional defense committees a report on the Joint Enterprise Defense Infrastructure. Such report shall include each of the following:
changed
establish processes and procedures Information relating to develop, integrate, and enhance the electronic warfare mission area and the conduct current composition of joint electromagnetic spectrum operations in all domains across the Department of Defense; andCloud Executive Steering Group and its mission, objectives, goals, and strategy.
changed
ensure that such processes A description of the characteristics and procedures provide considerations for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by accelerating the Department, including activities conducted cloud architecture and services required for a global, resilient, and secure information environment to counter enable warfighting and deter such operations mission command, as validated by malign actors.the Joint Requirements Oversight Council for the Joint Enterprise Defense Infrastructure.
added
Information relating to the approved acquisition strategy and timeline for the Joint Enterprise Defense Infrastructure, including estimated migration costs and timelines.
added
A description of how the approved acquisition strategy referred to in paragraph (3) provides for a full and open competition, enables the Department of Defense to continuously leverage and acquire new cloud computing capabilities, maintains the ability of the Department to leverage other cloud computing vendor products and services, incorporates elements to maintain security, and provides for the best performance, cost, and schedule to meet the cloud architecture and services requirements of the Department for the duration of such contract.
added
A description of the associated Joint Enterprise Defense Infrastructure program office, including number of personnel, overhead cost, and organizational structure.
added
A description of the effect of the Joint Enterprise Defense Infrastructure on and the relationship of such Infrastructure to existing cloud computing infrastructure, platform, and service contracts across the Department of Defense, specifically the effect and relationship to the private cloud infrastructure of the Department, MilCloud 2.0 run by the Defense Information Systems Agency.
added
Information relating to the most recent Department of Defense Cloud Computing Strategy and description of any initiatives to update such Strategy.
added
Information relating to Department of Defense guidance pertaining to cloud computing capability or platform acquisition and standards, and a description of any initiatives to update such guidance.
added
Any other matters the Secretary of Defense determines relevant.
added
Limitation on use of funds— Of the amounts authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for acquisition of services or associated program office support for the Joint Enterprise Defense Infrastructure of the enterprise-wide Cloud Executive Steering Group, not more than 50 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report required by subsection (a).
removed
Designated senior official—
removed
In general— The Secretary shall designate a senior official of the Department of Defense (hereinafter referred to as the “designated senior official”), who shall implement and oversee the processes and procedures established under subsection (a). The designated senior official shall be designated by the Secretary from among individuals serving in the Department as civilian employees or members of the Armed Forces who are, equivalent in grade or rank, at or below the level of Under Secretary of Defense. The designated senior official shall oversee the cross-functional team established pursuant to subsection (c) and serve as an ex-officio member of the Electronic Warfare Executive Committee established in March 2015.
removed
Responsibilities— The designated senior official shall have, with respect to the implementation and oversight of the processes and procedures established under subsection (a), the following responsibilities:
removed
Overseeing the implementation of the strategy developed by the Electronic Warfare Executive Committee for the conduct and execution of the electronic warfare mission area and joint electromagnetic spectrum operations by the Department, coordinated across all relevant elements of the Department, including both near-term and long-term guidance for the conduct of such operations.
removed
Providing recommendations to the Electronic Warfare Executive Committee on resource allocation to support the capability development and investment in the electronic warfare and joint electromagnetic spectrum operation mission areas.
removed
Proposing electronic warfare governance, management, organizational, and operational reforms to Secretary of Defense, after review and comment by the Electronic Warfare Executive Committee.
removed
Annual certification on budgeting for certain capabilities— Each budget for fiscal years 2020 through 2024 submitted by the President to Congress pursuant to section 1105(a) of title 31, United States Code, shall include the same information that was required to be submitted annually under section 1053(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2459) for each of fiscal years 2011 through 2015 and an assessment by the senior designated official as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following:
removed
The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations.
removed
The establishment and operation of associated joint electromagnetic spectrum operations cells.
removed
Cross-functional team for electronic warfare—
removed
Establishment required— The Secretary shall, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note), establish a cross-functional team for electronic warfare in order to identify gaps in electronic warfare and joint electromagnetic spectrum operations, capabilities, and capacities within the Department across personnel, procedural, and equipment areas.
removed
Specific duties— The cross-functional team established pursuant to paragraph (1) shall provide recommendations to the senior designated official to address gaps identified as described in that paragraph.
removed
Plans and requirements for electronic warfare—
removed
In general— The Secretary shall require the designated senior official to task the cross-functional team established pursuant to subsection (c) to develop requirements and specific plans for addressing personnel, capability, and capacity gaps in the electronic warfare mission area, and plans for future warfare in that domain (including maintaining a roadmap for the current future-years defense program under section 221 of title 10, United States Code).
removed
Update of strategy— Not later than 180 days after the date of the enactment of this Act, and biennially thereafter, the Electronic Warfare Executive Committee, in coordination with the cross-functional team shall—
removed
update the strategy of the Department of Defense entitled “The DOD Electronic Warfare Strategy” and dated June 2017, to include the roadmap developed by the cross-functional team pursuant to in paragraph (1); and
removed
submit the updated strategy to the congressional defense committees.
removed
Elements— The requirements and plans and associated roadmap developed by the cross-functional team pursuant to paragraph (1) shall include the following:
removed
An accounting of the efforts undertaken in support of the strategy referred to in paragraph (2)(A) and to implement applicable elements of Department of Defense Directive 3222.04, dated May 10, 2017, or any subsequent updates to such directive.
removed
A description of any updates or changes to the strategy since its issuance, and a description of any anticipated updates or changes to the strategy as a result of the designation of the designated senior official.
removed
An assessment of vulnerabilities identified in the May 2015 Electronic Warfare assessment by the Defense Science Board.
removed
An assessment of the capability of joint forces to conduct joint electromagnetic spectrum operations against near-peer adversaries and any capability or capacity gaps in such capability that need to be addressed, including an assessment of the ability of joint forces to conduct coordinated military operations to exploit, attack, protect, and manage the electromagnetic environment in the signals intelligence, electronic warfare, and spectrum management mission areas, including the capability to conduct integrated cyber and electronic warfare on the battlefield, for all level 3 and level 4 contingency plans (as such plans are described in Joint Publication 5-0 of the Joint Chiefs of Staff, entitled “Joint Planning” and dated June 16, 2017).
removed
A review of the roles and functions of offices within the Joint Staff, the Office of the Secretary of Defense, and the combatant commands with primary responsibility for joint electromagnetic spectrum policy and operations.
removed
A description of any assumptions about the roles and contributions of the Department, in coordination with other departments and agencies of the United States Government, with respect to the strategy.
removed
A description of actions, performance metrics, and projected timelines for achieving key capabilities for electronic warfare and joint electromagnetic spectrum operations to correspond to the thematic goals identified in the strategy and as addressed by the roadmap.
removed
An analysis of any personnel, resourcing, capability, authority, or other gaps to be addressed in order to ensure effective implementation of the strategy across all relevant elements of the Department, including an update on each of the following:
removed
The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations.
removed
The establishment and operation of joint electromagnetic spectrum operations cells at combatant command locations.
removed
The integration and synchronization of cyber and electromagnetic activities.
removed
An investment framework and projected timeline for addressing any gaps described by subparagraph (H).
removed
In consultation with the Director of the Defense Intelligence Agency—
removed
comprehensive assessments of the electronic warfare capabilities of the Russian Federation and the People’s Republic of China, which shall include—
removed
electronic warfare doctrine;
removed
order of battle on land, sea, air, space, and cyberspace; and
removed
expected direction of technology and research over the next 10 years; and
removed
a review of vulnerabilities with respect to electronic systems, such as the Global Positioning System, and Department-wide abilities to conduct countermeasures in response to electronic warfare attacks.
removed
A review of the sufficiency of experimentation, testing, and training infrastructure, ranges, instrumentation, and threat simulators required to support the development of electromagnetic spectrum capabilities.
removed
A plan, and the estimated cost and schedule of implementing the plan, to conduct joint campaign modeling and wargaming for joint electromagnetic spectrum operations.
removed
Any other matters as the Secretary considers appropriate.
removed
Periodic status reports— Not later than 90 days after the requirements and plans required by paragraph (1) are submitted in accordance with paragraph (2), and every 180 days thereafter during the three-year period beginning on the date such plans and requirements are first submitted in accordance with paragraph (2), the designated senior official shall submit to the congressional defense committees a report describing the status of the efforts of the Department in accomplishing the tasks specified in subparagraphs (A) through (I) and (K) through (M) of paragraph (3).
removed
Comprehensive assessments and review— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the comprehensive assessments and review required under paragraph (3)(J).
removed
Training and education— Consistent with the elements under subsection (d)(3) of the plans and requirements required by subsection (d)(1), the cross-functional team established pursuant to subsection (c) shall provide the senior designated official recommendations for programs to provide training and education to such members of the Armed Forces and civilian employees of the Department as the Secretary considers appropriate in order to ensure that such members and employees understand the roles and vulnerabilities associated with electronic warfare and dependence on the electromagnetic spectrum.
Sec. 1054 Report on proposed consolidation of Department of Defense global messaging and counter messaging capabilities
added
added
Report required— The Secretary of Defense shall submit to the congressional defense committees a report on the proposed consolidation of the global messaging and counter messaging (GMCM) capabilities of the Department of Defense. Such report shall include each of the following:
added
The justification of the Secretary for the proposed consolidation of such capabilities.
added
The justification of the Secretary for the proposed designation of the United States Special Operations Command as the entity responsible for establishing the centralized GMCM capability.
added
A description of the proposed roles and responsibilities of the United States Special Operations Command as such entity.
added
A description of the roles and responsibilities of the combatant commanders regarding the operational use of the GMCM capability.
added
The effect of the proposed consolidation of such capabilities on existing GMCM contracts and capabilities.
added
An implementation plan that includes a detailed description of the resources and other requirements required for the United States Special Operations Command to establish the centralized GMCM capability for the period covered by the current future year’s defense program.
added
A comprehensive plan for the continual assessment of the effectiveness of the GMCM activities and programs.
added
An identification of the anticipated efficiencies, cost savings, and operational benefits associated with the consolidation of the GMCM capabilities.
added
A description of any actions, activities, and efforts taken to implement section 1637 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
added
Limitation on use of funds— Not more than 50 percent of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Commander of the United States Special Operations Command for global messaging and counter messaging may be obligated or expended before the date that is 30 days after the date on which the Secretary submits the report required by subsection (a).
Sec. 1055 Comprehensive review of professionalism and ethics programs for special operations forces
added
added
Review required— The Secretary of Defense, in coordination with the Secretaries of each of the military departments, shall conduct a comprehensive review of the ethics and professionalism programs of the United States Special Operations Command and of the military departments for officers and other military personnel serving in special operations forces.
added
Elements of the review— The review conducted under subsection (a) shall specifically include a description and assessment of each of the following:
added
The culture of professionalism and ethics of the United States Special Operations Command and affiliated component commands.
added
The ethics and professionalism programs of the military departments available for special operations forces.
added
The ethics and professionalism programs of the United States Special Operations Command and affiliated component commands.
added
The roles and responsibilities of the military departments and the United States Special Operations Command and affiliated component commands in administering, overseeing, managing, and ensuring compliance and participation of special operations forces in ethics and professionalism programs, including an identification of—
added
gaps in the administration, oversight, and management of such programs and in ensuring the compliance and participation in such programs; and
added
additional guidance that may be required for a systematic, integrated approach in administering, overseeing, and managing such programs and in ensuring compliance with and participation in such programs in order to address issues and improve ethical culture and professionalism.
added
The management and oversight framework in place that is designed to ensure that all ethics and professionalism programs available to special operations forces meet Department standards.
added
Tools and metrics for identifying and assessing individual and organizational ethics and professionalism issues with respect to special operations forces.
added
Tools and metrics for assessing the effectiveness of existing ethics and professionalism programs in improving or addressing individual and organizational ethics-related and professionalism issues with respect to special operations forces.
added
Additional programs or actions that may be required to address or improve individual and organizational ethics and professionalism issues with respect to special operations forces.
added
Actions to improve the oversight and accountability by senior leaders of ethics and professionalism-related issues with respect to special operations forces.
added
Definitions— In this section:
added
The term “ethics program” means a program that includes—
added
compliance-based ethics training, education, initiative, or other activity that focuses on adherence to rules and regulations; and
added
values-based ethics training, education, initiative, or other activity that focuses on upholding a set of ethical principles in order to achieve high standards of conduct and incorporate guiding principles to help foster an ethical culture and inform decision-making where rules are not clear.
added
The term “professionalism program” means a program that includes training, education, initiative, or other activity that focuses on values, ethics, standards, code of conduct, and skills as related to the military profession.
added
Submittal of review— The Secretary of Defense shall submit the review required by subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives by not later than March 1, 2019.
Sec. 1056 Munitions assessments and future-years defense program requirements
added
added
Required reports— Not later than March 1, 2019, and annually thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees each of the following:
added
The most current munitions assessments, as defined by Department of Defense Instruction Number 3000.04, relating to the Department of Defense munitions requirements process.
added
The most current sufficiency assessments, as defined by such Department of Defense Instruction.
added
The most current approved memorandum of the Joint Requirements Oversight Council resulting from the munitions requirements process.
added
The planned funding and munitions requirements required for the first fiscal year beginning after the date of the submittal of the report and across the future-years defense program for munitions across all military departments and the Missile Defense Agency.
added
The planned foreign military sales and foreign military financing orders for United States munitions across the future-years defense program.
added
Sunset— The requirement to submit reports and assessments under this section shall terminate on December 31, 2021.
added
Supply chain assessments— Beginning in fiscal year 2020, the Under Secretary shall evaluate supply chain risks, including qualified supplier shortages and single source supplier vulnerabilities for munitions production. The Under Secretary shall include in the reports required under subsection (a) for fiscal year 2020 and any subsequent fiscal year for which such reports are required to be submitted, a list of munitions that are at risk of production impacts from the loss of qualified suppliers.
Sec. 1057 Report on establishment of Army Futures Command
added
added
Report required— Not later than February 1, 2019, the Secretary of the Army shall submit to the congressional defense committees a report on the Army’s plan for the establishment of Army Futures Command.
added
Contents of report— The report required by subsection (a) shall include each of the following:
added
A description of the mission of Army Futures Command.
added
A description of the authorities and responsibilities of the Commander of Army Futures Command.
added
A description of the relationship between such authorities and the authorities of the Army Acquisition Authority and a description of any changes to be made to the authorities and missions of other Army major commands.
added
A detailed description of the structure for Army Futures Command, including grade requirements.
added
A detailed description of any resources or elements to be realigned from the Army Training and Doctrine Command, Army Materiel Command, Army Force Command, or Army Test and Evaluation Command to Army Futures Command.
added
An assessment of the number and location of members of the Armed Forces and Department of Defense civilian personnel expected to be assigned to Army Futures Command.
added
A cost estimate for the establishment of Army Futures Command in fiscal year 2019 and projected costs for each of fiscal years 2020 through 2023.
added
A description of the headquarters stationing selection criteria and methodology
added
Any other information relating to the command, as determined by the Secretary.
Sec. 1058 Assessment of Department of Defense electromagnetic spectrum warfare enterprise
added
added
Plan required— The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop a plan, and the estimated cost and schedule of implementing the plan, to conduct joint campaign modeling and wargaming for joint electromagnetic spectrum operations. Such plan shall include each of the following:
added
The capabilities and capacity, and the associated governance and command and control architecture design, required to effectively employ military forces designated to conduct multi-domain electromagnetic spectrum operations of the Department of Defense.
added
The fiscal and manpower resources required to carry out paragraph (1) and to inform the budget requests of the Department of Defense.
added
The sufficiency of experimentation, testing, and training infrastructure, ranges, instrumentation, and threat simulators required to support the development of electromagnetic spectrum capabilities.
added
The sufficiency and overall effectiveness of electromagnetic spectrum operations to inform joint adaptive planning activities.
added
All level 3 and level 4 contingency plans (as such plans are described in Joint Publication 5-0 of the Joint Chiefs of Staff, entitled “Joint Planning” and dated June 16, 2017).
added
Report—
added
In general— Not later than February 18, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on the plan developed under subsection (a).
added
Form of report— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Annual briefings—
added
In general— Not later than February 5, 2019, and annually thereafter for each of the next five subsequent years, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall provide to the Committee on Armed Services of the House of Representatives a briefing on the joint electromagnetic spectrum operations of the Department of Defense. Such briefing shall include each of the following:
added
An update on the governance, organizational structure, and activities of the Electronic Warfare Executive Committee of the Department of Defense, as established by memorandum of the Deputy Secretary of Defense on March 17, 2015.
added
An assessment of the progress in achieving the goals and objectives described in—
added
the current strategy for the electromagnetic spectrum warfare enterprise issued by the Executive Committee; and
added
Department of Defense Directive 3222.04, dated May 10, 2017.
added
An assessment of the current readiness, sufficiency, unity of effort, and modernization of the joint military services with respect to joint electromagnetic spectrum capabilities and the ability of the joint military services to train and employ effectively in an electromagnetic spectrum warfare operational environment for all level 3 and level 4 contingency plans (as such plans are described in Joint Publication 5-0 of the Joint Chiefs of Staff, entitled “Joint Planning” and dated June 16, 2017).
added
The same information as is required to be submitted under section 1053(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2459).
added
Form of briefing— Each briefing required by paragraph (1) shall be unclassified, but may include a classified presentation.
added
One-Time briefing—
added
In general— Not later than February 25, 2019, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall provide to the Committee on Armed Services of the House of Representatives a briefing on the joint electromagnetic spectrum operations of the Department of Defense. Such briefing shall include each of the following:
added
An update on the progress of the Department in implementing the pilot program authorized by section 234 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note).
added
The progress of the Department in establishing and operationalizing joint electromagnetic spectrum operations cells at battle-management and command and control locations of the combatant commanders and designated joint task force commanders.
added
The progress of the Department in establishing a network to connect an electromagnetic battle management system to multiple sensor and intelligence data feeds to implement electronic warfare battle management for networked electronic warfare and dynamic reprogramming with automated near real-time capabilities.
added
The number of personnel assigned to joint electromagnetic spectrum operations mission activities, to include officers, enlisted members, and civilian personnel, set forth separately by career field designator and rank for each military service, combatant command, and defense agency.
added
A comparison of commissioned officer promotion rates among the personnel described in paragraph (d), by grade, compared to the average promotion rates for commissioned officers, by grade, in each military service, over the five most recent promotion cycles that have been completed since the end of fiscal year 2018.
added
An assessment of Department of Defense governance, organizational alignment, human capital, and other applicable resources responsible for the development, management, and implementation of joint electromagnetic spectrum policy, doctrine, concepts, requirements, capabilities, and operational activities.
added
Form of briefing— The briefing required by paragraph (1) shall be unclassified, but may include a classified presentation.
added
Definitions— In this section:
added
The term “electromagnetic battle management” means the dynamic monitoring, assessing, planning, and directing of joint electromagnetic spectrum operations in support of a military commander’s scheme of maneuver.
added
The term “joint electromagnetic spectrum operations” means those activities consisting of electronic warfare and joint electromagnetic spectrum management operations used to exploit, attack, protect, and manage the electromagnetic operational environment to achieve a military commander’s objectives.
Sec. 1059 Report on support for non-contiguous States and territories in the event of threats and incidents
added
added
Report required— Not later than February 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the preparedness of the Department of Defense in providing support to non-contiguous States and territories in he aftermath of a natural or manmade incident that warrants the Department to assist the State and civil entities with the protection of life and to provide emergency work.
added
Contents of report— For purposes of the report under subsection (a)—
added
the support covered by the report may include support provided under section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)); and
added
the incidents covered by the report shall include natural disasters, acts of terrorism, and industrial accidents.
added
Form of report— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 1060 Report on low-boom flight demonstration
addedadded Not later than 90 days after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration shall submit to the Committee on Science, Space, and Technology of the House of Representatives a report describing the progress in development of the Low-Boom Flight Demonstration, including—
added
the plans of the Administrator to coordinate with other executive agencies to ensure the availability of developmental and operational testing infrastructure for low-boom flight demonstrations by 2021; and
added
the strategy of the Administration to acquire chase aircrafts to ensure the availability of such aircrafts for such demonstrations.
Sec. 1061 Report on cyber-enabled information operations
added Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committees on Armed Services and Foreign Affairs of the House of Representative and the Committees on Armed Services and Foreign Relations of the Senate a report on the effects of cyber-enabled information operations on the national security of the United States. Such report shall include each of the following:
removed
Reports required— Chapter 9 of title 10, United States Code, is amended by inserting after section 222b, as added by section 1677, the following new section:
removed
“222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers
removed
“(a) Annual reports—At the same time each year that the budget for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31, the chief of staff of each armed force (other than the Coast Guard) shall submit to the congressional defense committees a report setting forth for such armed force each of the following for such fiscal year, broken out as specified in subsection (b):
removed
“(1) The Out-Year Unconstrained Total Munitions Requirement.
removed
“(2) The Out-Year inventory numbers.
removed
“(b) Presentation—The Out-Year Unconstrained Total Munitions Requirement and Out-Year inventory numbers for an armed force for a fiscal year pursuant to subsection (a) shall include specific inventory objective requirements for each variant of munitions with respect to each of the following:
removed
“(1) Combat Requirement, broken out by operation plan (OPLAN).
removed
“(2) Current Operation/Forward Presence Requirement.
removed
“(3) Strategic Readiness Requirement.
removed
“(4) Homeland Defense.
removed
“(5) Training and Testing Requirement.
removed
“(6) Total Out-Year Unconstrained Total Munitions Requirement, calculated in accordance with the implementation guidance described in subsection (c).
removed
“(7) Out-year worldwide inventory.
removed
“(c) Implementation guidance used—In submitting information pursuant to subsection (a) for a fiscal year, the chief of staff of each armed force shall describe and explain the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by such armed force for the munitions requirements process for such armed force for that fiscal year.
removed
“(d) Definitions—In this section:
removed
“(1) The term chief of staff, with respect to the Marine Corps, means the Commandant of the Marine Corps.
removed
“(2) The term Out-Year Unconstrained Total Munitions Requirement has the meaning given that term in and for purposes of Department of Defense Instruction 3000.04, or any successor instruction.”
changed
Clerical amendment— The table of sections at the beginning of chapter 9 A summary of such title is amended actions taken by inserting after the item relating Federal Government to section 222b, as added by section 1677, protect the following new item:national security of the United States against cyber-enabled information operations.
added
A description of the resources necessary to protect the national security of the United States against cyber-enabled information operations by foreign adversaries.
Sec. 1062 Briefing on unmanned aircraft in Arlington National Cemetery
changed
Modification and expansion Sense of elements—Congress— Subsection (b) It is the sense of section 1057 Congress that the Administrator of the National Federal Aviation Administration and the Secretary of Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—should coordinate to—
changed
prevent the flight of unmanned aircraft over Arlington National Cemetery, to the maximum amount practical, in paragraph (1), by inserting “, including each specific mission, strike, engagement, raid, or incident,” after “military operations”;order to preserve the sacred atmosphere of the cemetery as a national shrine; and
changed
restrict all flights of unmanned aircraft over Arlington National Cemetery during the execution of funeral services, except in paragraph (2)(E), by inserting before emergency situations, the period execution of national security operations, and unmanned aircraft flown at the end request of the following: “, including a differentiation between those killed and those injured”;family participating in funeral services.
removed
in paragraph (3), by inserting before the period at the end the following: “, and, when appropriate, makes ex gratia payments to the victims or their families”;
removed
by redesignating paragraph (5) as paragraph (6); and
removed
by inserting after paragraph (4) the following new paragraph (5):
removed
“(5) Any update or modification to any report under this section during a previous year.”
changed
Scope of unclassified form of report—briefing— Subsection (d) of such section is amended by adding at Not later than 60 days after the end date of the following new sentence: “The unclassified form enactment of each report shall, at a minimum, be responsive to each element under subsection (b) this Act, the Secretary of a report under subsection (a), Defense and shall be made available to the public at Administrator of the same time it is submitted Federal Aviation Administration shall jointly provide to Congress (unless the Secretary certifies in writing that Committees on Armed Services, Transportation and Infrastructure, and Veterans’ Affairs of the publication House of such information poses a threat to Representatives and the national security interests Committees on Armed Services, Commerce, Science, and Transportation, and Veterans’ Affairs of the United States).”.Senate a briefing on whether legislative action is required to prevent low flying unmanned aircraft from disrupting funerals at Arlington National Cemetery.
added
Unmanned aircraft defined— In this section, the term “unmanned aircraft” has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95).
Sec. 1063 Report on an updated arctic strategy
changed
In general—Report on an updated strategy— Not later than 60 days after the date of June 1, 2019, the enactment Secretary of this Act, Defense, in consultation with the Secretary of the Army Department in which the Coast Guard is operating with respect to Coast Guard operations and navigation issues, shall submit to the congressional defense committees a report on the capabilities an updated Arctic Strategy to improve and capacities enhance joint operations. The report shall also include an assessment of Armored Brigade Combat Teams.Russia’s aggressive buildup of military assets and infrastructure in the Arctic, as well as China’s efforts to influence Arctic policy.
changed
Elements— The report required under by subsection (a) shall include the following:
changed
A description of the total number of Armored Brigade Combat Teams required to support the National Defense Strategy.a joint Arctic strategy for sea operations, including all military and Coast Guard vessels available for Arctic operations.
changed
A description of the manner in a joint Arctic strategy for air operations, which the Army plans to equip will include all rotor and field future Armored Brigade Combat Teams.fixed wing military aircraft platforms available for Arctic operations.
changed
A description of the total number of mechanized infantry companies required in support of the Armored Brigade Combat Teams.a joint Arctic strategy for ground operations, which will include all military ground forces available for Arctic operations.
changed
A description of steps being taken to improve the number and quality An assessment of live-fire gunnery exercises executed each year, including improving execution Russia’s continued aggressive buildup of battalion and brigade-level combined arms live-fire exercises both at home station military assets and at infrastructure in the Combat Training Centers.Arctic.
changed
A description An assessment of training being conducted to train Armored Brigade Combat Teams in combined arms for air defense and China’s efforts to counter unmanned aerial vehicles with organic weapons and tactics.influence global Arctic policy.
removed
A plan to improve personnel preparedness by the reduction of non-deployable soldiers and improvements in combat vehicle crew stability and material readiness of key combat systems.
removed
A description of deficiencies in repair parts and number of qualified mechanics, and a plan to correct such deficiencies.
removed
A plan for the modernization of the Armored Brigade Combat Teams.
Sec. 1064 Report on desalinization technology
added Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on desalinization technology’s application for defense and national security purposes to provide drought relief to areas impacted by sharp declines in water resources.
removed
Activities required— Commencing not later than 90 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense, acting through the Cloud Executive Steering Group established by the Deputy Secretary of Defense in a directive memorandum dated September 13, 2017, in order to support its Joint Enterprise Defense Infrastructure initiative to procure commercial cloud services, shall conduct certain key enabling activities as follows:
removed
Develop an approach to rapidly acquire advanced commercial network capabilities, including software-defined networking, on-demand bandwidth, and aggregated cloud access gateways, through commercial service providers in order—
removed
to support the migration of applications and systems to commercial cloud platforms;
removed
to increase visibility of end-to-end performance to enable and enforce service level agreements for cloud services;
removed
to ensure efficient and common cloud access;
removed
to facilitate shifting data and applications from one cloud platform to another;
removed
to improve cybersecurity; and
removed
to consolidate networks and achieve efficiencies and improved performance;
removed
Conduct an analysis of existing workloads that would be migrated to the Joint Enterprise Defense Infrastructure, including—
removed
identifying all of the cloud initiatives across the Department of Defense, and determining the objectives of such initiatives in connection with the intended scope of the Infrastructure;
removed
identifying all the systems and applications that the Department would intend to migrate to the Infrastructure;
removed
conducting rationalization of applications to identify applications and systems that may duplicate the processing of workloads in connection with the Infrastructure; and
removed
as result of such actions, arriving at dispositions about migration or termination of systems and applications in connection with the Infrastructure.
removed
Report required— The Chief Information Officer shall submit to the congressional defense committees a report on the Department of Defense’s Cloud Initiative to manage networks, data centers, and clouds at the enterprise level. Such report shall include each of the following:
removed
A description the status of completion of the activities required under subsection (a).
removed
Information relating to the current composition of the Cloud Executive Steering Group and the stakeholders relating to the Department of Defense’s Cloud Initiative and associated mission, objectives, goals, and strategy.
removed
A description of the characteristics and considerations for accelerating the cloud architecture and services required for a global, resilient, and secure information environment.
removed
Information relating to acquisition strategies and timeline for efforts associated with the Department of Defense’s Cloud Initiative, including the Joint Enterprise Defense Infrastructure.
removed
A description of how the acquisition strategies referred to in paragraph (4) provides for a full and open competition, enable the Department of Defense to continuously leverage and acquire new cloud computing capabilities, maintain the ability of the Department to leverage other cloud computing vendor products and services, incorporate elements to maintain security, and provide for the best performance, cost, and schedule to meet the cloud architecture and services requirements of the Department for the duration of such contract.
removed
A detailed description of existing workloads that will be migrated to enterprise-wide cloud infrastructure or platforms as a result of the Department of Defense’s Cloud Initiative, including estimated migration costs and timelines, based on the analysis required under subsection (a)(2).
removed
A description of the program management and program office of the Department of Defense’s Cloud Initiative, including the number of personnel, overhead costs, and organizational structure.
removed
A description of the effect of the Joint Enterprise Defense Infrastructure on and the relationship of such Infrastructure to existing cloud computing infrastructure, platform, and service contracts across the Department of Defense, specifically the effect and relationship to the private cloud infrastructure of the Department, MilCloud 2.0 run by the Defense Information Systems Agency based on the analysis required under subsection (a)(2).
removed
Information relating to the most recent Department of Defense Cloud Computing Strategy and description of any initiatives to update such Strategy.
removed
Information relating to Department of Defense guidance pertaining to cloud computing capability or platform acquisition and standards, and a description of any initiatives to update such guidance.
removed
Any other matters the Secretary of Defense determines relevant.
removed
Limitation on use of funds— Of the amounts authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for the Department of Defense’s Cloud Initiative, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report required by subsection (b).
removed
Limitation on new systems and applications—
removed
In general— Except as provided in paragraph (2), the Deputy Secretary shall require that no new system or application will be approved for development or modernization without an assessment that such system or application is already, or can and would be, cloud-hosted.
removed
Waiver— The Deputy Secretary may issue a national waiver to the requirement under paragraph (1) if the Deputy Secretary determines, pursuant to the assessment described in such paragraph, that the requirement would adversely affect the national security of the United States. If the Deputy Secretary issues a waiver under this paragraph, the Deputy Secretary shall provide to the congressional defense committees a written notification of such waiver, justification for the waiver, and identification of the system or application to which the waiver applies by not later than 15 days after the date on which the waiver is issued.
removed
Transparency and competition— The Deputy Secretary shall ensure that the acquisition approach of the Department continues to follow the Federal Acquisition Regulation with respect to competition.
Sec. 1065 Report on implementation of recommendations in Defense Business Board study
changed
Limitation; report—Report required— None Not later than 180 days after the date of the funds authorized to be appropriated by enactment of this Act may be used for United States Special Operations Command’s Global Messaging and Counter-Messaging platform until Act, the Secretary of Defense submits shall submit to the congressional defense committees a report containing on the following elements:efforts of the Secretary to implement the recommendations set forth in the study conducted by the Defense Business Board titled “Transforming Department of Defense’s Core Business Processes for Revolutionary Change”.
removed
The justification of the Secretary for the proposed designation of the United States Special Operations Command as the entity responsible for establishing the centralized Global Messaging and Counter-Messaging capability.
removed
A description of the proposed roles and responsibilities of the United States Special Operations Command as such entity.
removed
An implementation plan for the establishment of the platform, including a timeline for achieving initial and full operational capability.
removed
A description of the impacts to existing counter-messaging platforms, capabilities, and contracts.
removed
A description of the budget requirements for the platform to reach full operational capability, including an identification and cost of any infrastructure and equipment requirements.
removed
A summary of costs to operate and sustain the platform across the future-years defense program under section 221 of title 10, United States Code.
removed
A comprehensive plan for the continual assessment of the effectiveness of the Global Messaging and Counter-Messaging activities and programs.
removed
An explanation of the Secretary’s guidance to the combatant commands to ensure unity of effort and prevent the proliferation of messaging and counter-messaging platforms.
removed
A detailed description of the processes for deconfliction and, where possible, integration of platform planning and activities with those of relevant departments and agencies of the United States Government, including the Global Engagement Center of the Department of State.
removed
An identification of any additional authorities that may be required for achieving full operational capability of the platform.
removed
A description of other actions, activities, and efforts taken to implement section 1637 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
removed
Any other matters the Secretary determines are relevant.
changed
Additional report required—Elements— Not later than 9 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a The report containing a review and assessment of the doctrine, organization, training, materiel, leadership and education, personnel, and facilities applicable to military information support personnel, including—required under subsection (a) shall include—
changed
an assessment a description of current doctrine, organization, training, materiel, leadership and education, personnel, and facilities; andthe actions carried out by the Secretary of Defense to implement the recommendations set forth in the study described in subsection (a);
changed
recommended changes for enhancing the ability identification of military information support personnel to operate effectively in the current and future information environment.specific recommendations, if any, that have been implemented by the Secretary;
added
the amount of any cost savings achieved as a result of implementing such recommendations;
added
identification of any recommendations that have not been implemented; and
added
alternative recommendations to transform core business processes that would help the Department of Defense to achieve cost savings.
Sec. 1066 Comprehensive review of professionalism and ethics programs for special operations forces
removed
removed
Review required— The Secretary of Defense shall conduct a comprehensive review of the ethics programs and professionalism programs of the United States Special Operations Command and of the military departments for officers and other military personnel serving in special operations forces.
removed
Elements of the review— The review conducted under subsection (a) shall specifically include a description and assessment of each of the following:
removed
The professionalism and ethics standards of the United States Special Operations Command and affiliated component commands.
removed
The ethics programs and professionalism programs of the military departments available for special operations forces.
removed
The ethics programs and professionalism programs of the United States Special Operations Command and affiliated component commands.
removed
The roles and responsibilities of the military departments and the United States Special Operations Command and affiliated component commands in administering, overseeing, managing, and ensuring compliance and participation of special operations forces in ethics programs and professionalism programs, including an identification of—
removed
any gaps in the administration, oversight, and management of such programs and in ensuring the compliance and participation in such programs; and
removed
any additional guidance that may be required for a systematic, integrated approach in administering, overseeing, and managing such programs and in ensuring compliance with and participation in such programs in order to address issues and improve adherence to professionalism and ethics standards.
removed
The adequacy of the existing management and oversight framework for ensuring that all ethics programs and professionalism programs available to special operations forces meet Department standards.
removed
Tools and metrics for identifying and assessing individual and organizational ethics and professionalism issues with respect to special operations forces.
removed
Tools and metrics for assessing the effectiveness of existing ethics programs and professionalism programs in improving or addressing individual and organizational ethics-related and professionalism issues with respect to special operations forces.
removed
Any additional actions that may be required to address or improve individual and organizational ethics and professionalism issues with respect to special operations forces.
removed
Any additional actions that may be required to improve the oversight and accountability by senior leaders of ethics and professionalism-related issues with respect to special operations forces.
removed
Limitation on delegation— The Secretary of Defense may only delegate responsibility for any element of the review required by subsection (a) to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with other appropriate offices of the Secretary of Defense and the secretaries of the military departments.
removed
Deadline for submittal of review— The Secretary of Defense shall submit the review required by subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives by not later than March 1, 2019.
removed
Definitions— In this section:
removed
The term “ethics program” means a program that includes—
removed
compliance-based ethics training, education, initiative, or other activity that focuses on adherence to rules and regulations; and
removed
values-based ethics training, education, initiative, or other activity that focuses on upholding a set of ethical principles in order to achieve high standards of conduct and incorporate guiding principles to help foster an ethical culture and inform decision-making where rules are not clear.
removed
The term “professionalism program” means a program that includes training, education, initiative, or other activity that focuses on values, ethics, standards, code of conduct, and skills as related to the military profession.
Sec. 1067 Munitions assessments and future-years defense program requirements
removed
removed
Required reports— Not later than March 1, 2019, and annually thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees each of the following:
removed
The most current munitions assessments, as defined by Department of Defense Instruction Number 3000.04, relating to the Department of Defense munitions requirements process.
removed
The most current sufficiency assessments, as defined by such Department of Defense Instruction.
removed
The most current approved memorandum of the Joint Requirements Oversight Council resulting from the munitions requirements process.
removed
The planned funding and munitions requirements required for the first fiscal year beginning after the date of the submittal of the report and across the future-years defense program for munitions across all military departments and the Missile Defense Agency.
removed
The planned foreign military sales and foreign military financing orders for United States munitions across the future-years defense program.
removed
Sunset— The requirement to submit reports and assessments under this section shall terminate on December 31, 2021.
removed
Supply chain assessments— Beginning in fiscal year 2020, the Under Secretary shall evaluate supply chain risks, including qualified supplier shortages and single source supplier vulnerabilities for munitions production. The Under Secretary shall include in the reports required under subsection (a) for fiscal year 2020 and any subsequent fiscal year for which such reports are required to be submitted, a list of munitions that are at risk of production impacts from the loss of qualified suppliers.
Sec. 1068 Report on establishment of Army Futures Command
removed
removed
Report required— Not later than February 1, 2019, the Secretary of the Army shall submit to the congressional defense committees a report on the Army’s plan for the establishment of Army Futures Command.
removed
Contents of report— The report required by subsection (a) shall include each of the following:
removed
A description of the mission of Army Futures Command.
removed
A description of the authorities and responsibilities of the Commander of Army Futures Command.
removed
A description of the relationship between such authorities and the authorities of the Army Acquisition Authority and a description of any changes to be made to the authorities and missions of other Army major commands.
removed
A detailed description of the structure for Army Futures Command, including grade requirements.
removed
A detailed description of any resources or elements to be realigned from the Army Training and Doctrine Command, Army Materiel Command, Army Force Command, or Army Test and Evaluation Command to Army Futures Command.
removed
An assessment of the number and location of members of the Armed Forces and Department of Defense civilian personnel expected to be assigned to Army Futures Command.
removed
A cost estimate for the establishment of Army Futures Command in fiscal year 2019 and projected costs for each of fiscal years 2020 through 2023.
removed
A description of the headquarters stationing selection criteria and methodology.
removed
Any other information relating to the command, as determined by the Secretary.
Sec. 1069 Report on cyber-enabled information operations
removed
removed
Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committees on Armed Services and Foreign Affairs of the House of Representative and the Committees on Armed Services and Foreign Relations of the Senate a report on the effects of cyber-enabled information operations on the national security of the United States. Such report shall include each of the following:
removed
A summary of actions taken by the Federal Government to protect the national security of the United States against cyber-enabled information operations.
removed
A description of the resources necessary to protect the national security of the United States against cyber-enabled information operations by foreign adversaries.
Sec. 1070 Report on unmanned aircraft in Arlington National Cemetery
removed
removed
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator of the Federal Aviation Administration shall jointly submit to the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate a report on whether legislative action is required to prevent low flying unmanned aircraft from disrupting funerals at Arlington National Cemetery.
removed
Unmanned aircraft defined— In this section, the term “unmanned aircraft” has the meaning given such term in section 331(8) of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).
Sec. 1071 Technical, conforming, and clerical amendments
changed
Report on an updated strategy—Title 10, United States Code— Not later than June 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on an updated Arctic strategy to improve and enhance joint operations.Title 10, United States Code, is amended as follows:
added
Sections 130j and 130k, as added by section 1631 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1736), are amended by striking “section 3093 of title 50, United States Code” both places it appears and inserting “section 503 of the National Security Act of 1947 (50 U.S.C. 3093)”.
added
The table of sections at the beginning of chapter 3 is amended by striking the items relating to sections 130j and 130k and inserting the following new items:
added
Section 131(b)(9), as amended by section 811, is further amended—
added
by striking subparagraphs (B), (C), and (D); and
added
by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (B), (C), (D), and (E), respectively.
added
The table of sections at the beginning of chapter 4 is amended by striking the item relating to section 261 and inserting the following:
added
Section 494(b)(2) is amended in the matter preceding subparagraph (A) by striking “March 1, 2012, and annually thereafter” and inserting “March 1 of each year”.
added
Section 495(a) is amended by striking “Beginning in fiscal year 2013, the” and inserting “The”.
added
Section 499a(d), as added by section 1652(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1757), is amended by striking “on or after the date of the enactment of this section” and inserting “after December 11, 2017,”.
added
Section 637a(d) is amended by striking “specialities” and inserting “specialties”.
added
Section 664(d)(1) is amended by striking “the the” and inserting “the”.
added
The table of subchapters at the beginning of chapter 47A is amended by striking the item relating to subchapter VII and inserting the following:
added
The table of sections at the beginning of subchapter VII of chapter 47A is amended by striking the item relating to section 950g and inserting the following:
added
Section 950t is amended—
added
in paragraph (9), by striking “attack. or” and inserting “attack, or”;
added
in paragraph (16), by striking “shall punished” and inserting “shall be punished”; and
added
in paragraph (22), by adding a period at the end.
added
The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 1077a and inserting the following:
added
Section 1415(e) is amended by striking “concerned”.
added
Section 2006a(b)(3) is amended by striking “the such programs” and inserting “such programs”.
added
Section 2279(c) is amended by striking “subsection (a) and (b)” and inserting “subsections (a) and (b)”.
added
Section 2279c, as added by section 1601(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1718), is amended—
added
in subsection (a)(3), by striking “ the date of the enactment of this Act” and inserting “December 12, 2017”; and
added
in subsection (b)—
added
in the matter preceding paragraph (1), by striking “ the date of the enactment of this section” and inserting “December 12, 2017”; and
added
in paragraph (3), by striking “on or after the date that is one year after the date of the enactment of this section” and inserting “after December 11, 2018”.
added
added
The second section 2279c, as added by section 1602 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1721), is redesignated as section 2279d.
added
The table of sections at the beginning of chapter 135 is amended by inserting after the item relating to section 2279c the following new item:
added
Section 2313b(b)(1)(E), as added by section 803(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1452), is amended by redesignating clauses (A) and (B) as clauses (i) and (ii), respectively.
added
Section 2324(e)(1) is amended by redesignating the second subparagraph (P) and subparagraph (Q) as subparagraphs (Q) and (R), respectively.
added
Section 2337a(d), as added by section 836(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1473), is amended by striking “title 10, United States Code” and inserting “this title”.
added
Section 2374a(e) is amended by striking “,,” and inserting “,”.
added
The table of sections at the beginning of chapter 141 is amended by striking the item relating to section 2410s and inserting the following new item:
added
The heading of section 2410s is amended by striking the period at the end.
added
added
The heading of section 2414, as amended by section 817(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1462), is amended to read as follows:
added “2414. Funding”
added
The item relating to such section in the table of sections at the beginning of chapter 142 is amended to read as follows:
added
Section 2613(g) is amended by striking “(1)”.
added
Section 2679(a)(1) is amended by striking “Federal government” and inserting “Federal Government”.
added
The heading of section 2691, as amended by section 2814(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended to read as follows:
added “2691. Restoration of land used by permit or damaged by mishap; reimbursement of state costs of fighting wildland fires”
added
Section 2879(a)(2)(A), as added by section 2817(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “on or after the date of the enactment of this section” and inserting “after December 11, 2017,”.
added
The heading of section 2914 is amended to read as follows:
added “2914. Energy resilience and conservation construction projects”
added
Section 10504 is amended—
added
in subsection (a), by striking “The Chief ” and inserting “(1) The Chief”; and
added
by redesignating the second subsection (b) as subsection (c).
changed
Elements—Title 32, United States Code— The report required Title 32, United States Code, is amended in section 902, by subsection (a) shall include the following:striking “the Secretary, determines” and inserting “the Secretary determines”.
removed
A description of United States national security interests in the Arctic region.
removed
An assessment of the threats and security challenges posed by adversaries operating in the Arctic region, including descriptions of such adversaries’ intents and investments in Arctic capabilities.
removed
A description of the roles and missions of each military service in the Arctic region in the context of joint operations to support the Arctic strategy, including—
removed
a description of a joint Arctic strategy for sea operations, including all military and Coast Guard vessels available for Arctic operations;
removed
a description of a joint Arctic strategy for air operations, including all rotor and fixed wing military aircraft platforms available for Arctic operations; and
removed
a description of a joint Arctic strategy for ground operations, including all military ground forces available for Arctic operations.
removed
A description of near-term and long-term training, capability, and resource gaps that must be addressed to fully execute each mission described in the Arctic strategy against an increasing threat environment.
removed
A description of the level of cooperation between the Department of Defense, any other departments and agencies of the United States Government, State and local governments, and tribal entities related to the defense of the Arctic region.
changed
Form of report—NDAA for fiscal year 2018— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.Effective as of December 12, 2017, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. __ et seq.) is amended as follows:
added
Section 834(a)(2) (131 Stat. 1470) is amended by striking “subchapter I of”.
added
Section 913(b) is amended by striking the dash after the colon in the matter preceding paragraph (1).
added
Section 1051(d)) is amended by inserting “National” before “Defense Authorization Act”.
added
Section 1691(i) is amended—
added
by inserting “the” after “Title XIV of”; and
added
by inserting “as enacted into law by” before “Public Law 106–398”.
added
Section 2817(a)(2) is amended by striking “table of sections for” and inserting “table of sections at the beginning of subchapter IV of”.
added
Section 2831(b) is amended by inserting “of title 10, United States Code,” after “chapter 173”.
added
Section 2876(d) is amended—
added
by inserting “In this section:” after “Definitions.—”; and
added
in paragraph (1)(A), in the matter preceding clause (i), by inserting open quotation marks before “beneficial” and close quotation marks after “owner”.
added
Other NDAAS—
added
FY2016— Section 828(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), as added by section 825(a)(4) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1466), is amended by inserting “subsection” before “(b)”.
added
FY2001— Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 2302 note) is amended by striking paragraph (2).
added
Other laws—
added
Title 31— Paragraph (1) of section 5112(p) of title 31, United States Code, as amended by section 885 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1505), is amended by striking “, United States Code” each place it appears.
added
Title 49— Subsection (h) of section 44718 of title 49, United States Code, as amended and redesignated by sections 311(b)(3) and 311(e)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended—
added
in paragraph (1), by striking “section 183a(g) of title 10” and inserting “section 183a(h)(1) of title 10”; and
added
in paragraph (2), by striking “section 183a(g) of title 10” and inserting “section 183a(h)(7) of title 10”.
added
Atomic Energy Defense Act— Section 4309(c) of the Atomic Energy Defense Act (50 U.S.C. 2575(c)) is amended by redesignating paragraphs (17) and (18) as paragraphs (16) and (17), respectively.
added
Conforming amendments relating to the Chief Management Officer of the Department of Defense—
added
Conforming amendments—
added
Each of the following provisions law is amended by striking “Deputy Chief Management Officer” each place it appears and inserting “Chief Management Officer”:
added
Section 192(e)(2) of title 10, United States Code.
added
Section 2222 of title 10, United States Code.
added
Section 11319(d)(4) of title 40, United States Code.
added
Section 881(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).
added
Section 217 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2445a note).
added
Section 131(b) of title 10, United States Code, as amended by subsection (a)(3) of this section, is further amended—
added
by striking paragraph (4); and
added
by redesignating paragraphs (5) through (10) as paragraphs (4) through (9), respectively.
added
Section 137a(d) of title 10, United States Code, is amended—
added
by striking “the Secretaries of the military departments,” and inserting “the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, and”; and
added
by striking “, and the Deputy Chief Management Officer of the Department of Defense”.
added
Section 138(d) of title 10, United States Code, is amended—
added
by inserting “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”; and
added
by striking “ the Deputy Chief Management Officer of the Department of Defense,”.
added
Section 904(b)(4) the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 132 note.) is amended—
added
by striking “and Deputy Chief Management Officer”and
added
by striking “as is necessary to assist those officials in the performance of their duties” and inserting “as is necessary to assist the Chief Management Officer in the performance of the duties assigned to such official”.
added
Section 5314 of title 5, United States Code, is amended by striking “Deputy Chief Management Officer of the Department of Defense.”.
added
References—
added
In law or regulation— Any reference in a law (other than this Act) or regulation in effect on the day before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a reference to the Chief Management Officer of the Department of Defense.
added
In other documents, papers, or records— Any reference in a document, paper, or other record of the United States prepared before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a reference to the Chief Management Officer of the Department of Defense.
added
Coordination with other amendments made by this Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Sec. 1072 Principal Advisor on Countering Weapons of Mass Destruction
added
In general—
added
Designation of Principal Advisor— Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:
added “145. Principal Advisor on Countering Weapons of Mass Destruction
added “(a) Designation—The Secretary of Defense shall designate, from among the personnel of the Office of the Secretary of Defense, a Principal Advisor on Countering Weapons of Mass Destruction. Such Principal Advisor shall act as the principal advisor to the Secretary on the activities of the Department of Defense relating to countering weapons of mass destruction. The individual designated to serve as such Principal Advisor shall be an individual who was appointed to the position held by the individual by and with the advice and consent of the Senate.
added “(b) Responsibilities—The Principal Advisor designated under subsection (a) shall carry out the following responsibilities:
added “(1) Supervising the activities of the Department of Defense relating to countering weapons of mass destruction, including the oversight of policy and operational considerations, resources, personnel, acquisition, and technology.
added “(2) Carrying out such other responsibilities relating to countering weapons of mass destruction as the Secretary shall specify.”
removed
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that identifies—
changed
Clerical amendment— each military installation that has been made available to The table of sections at the Department beginning of Homeland Security for disaster response for such chapter is amended by adding at the past 10 fiscal years; andend the following new item:
removed
military installations assessed to be available in support of fast response to disasters.
changed
Elements—Oversight plan— The report required under subsection (a) Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall include submit to the following:congressional defense committees a plan to streamline the oversight framework of the Office of the Secretary of Defense, including any efficiencies and the potential to reduce, realign, or otherwise restructure current Assistant Secretary and Deputy Assistant Secretary positions with responsibilities for overseeing countering weapons of mass destruction policy, programs, and activities.
removed
For each military installation identified under subsection (a)(1)—
removed
the name of the installation;
removed
the location of the installation, including the State and Congressional District;
removed
a description of the infrastructure and equipment made available at the installation; and
removed
a description of personnel made available for disaster response.
removed
For each military installation identified under subsection (a)(2)—
removed
the name of the installation;
removed
the location of the installation, including the State and Congressional District;
removed
a description of the infrastructure and equipment to be available at the installation; and
removed
a description of personnel to be available for disaster response.
Sec. 1073 Receipt of firearm or ammunition
changed
In general—Receipt of firearm or ammunition by spouse of member of the armed forces at a duty station of the member outside the united states— Not later than 180 days after the enactment Section 925(a)(3) of this Act, and every 180 days thereafter until the date that title 18, United States Code, is three years after such date of enactment, the Under Secretary of Defense for Policy shall submit to the appropriate congressional committees a report on the participation by the Department of Defense in the process for reviewing applications for export licenses under the Export Administration Regulations as a reviewing agency under Executive Order 12981 (50 U.S.C. 4603 note; relating to administration of export controls).amended—
added
by inserting “, or to the spouse of such a member,” before “or to”;
added
by striking “members,” and inserting “members and spouses,”;
added
by striking “members or” and inserting “members, spouses, or”; and
added
by striking “member or” and inserting “member, spouse, or”.
changed
Elements—Residency of spouses of members of the armed forces to be determined on the same basis as the residency of such members for purposes of federal firearms laws— The report required by subsection (a) shall include the following:Section 921(b) of title 18, United States Code, is amended to read as follows:
added “(b) For purposes of this chapter, a member of the Armed Forces on active duty, or a spouse of such a member, is a resident of—
added “(1) the State in which the member or spouse maintains legal residence;
added “(2) the State in which the permanent duty station of the member is located; and
added “(3) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member.”
removed
The number of applications for export licenses under the Export Administration Regulations reviewed by the Department of Defense in the 180-day period preceding the submission of the report.
removed
The number of instances during that 180-day period in which the Department disagreed with a final determination made with respect to such an application under the review procedures set forth in Executive Order 12981.
removed
A summary of such instances, including—
removed
a summary of the applicants for such licenses and the recipients of items pursuant to such licenses in such instances;
removed
a description of sensitive technologies involved in such instances; and
removed
a description of the rationale of the Department for disagreeing with such determinations.
removed
The number of such applications under review by the Department or undergoing interagency dispute resolution as of the date of the submission of the report.
changed
Form—Effective date— The report required amendments made by subsection (a) this section shall be submitted apply to conduct engaged in unclassified form but may include a classified annex.after the 6-month period that begins on the date of the enactment of this Act.
removed
Definitions— In this section:
removed
The term “appropriate congressional committees” means—
removed
the congressional defense committees;
removed
the Committee on Foreign Affairs of the House of Representatives; and
removed
the Committee on Foreign Relations of the Senate.
removed
The term Export Administration Regulations means subchapter C of chapter VII of title 15, Code of Federal Regulations.
Sec. 1074 Federal charter for Spirit of America
changed
Report required—Federal charter— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House Part B of Representatives a report on military aviation readiness in support subtitle II of title 36, United States Code, is amended by inserting after chapter 2003 the National Defense Strategy (NDS).following new chapter:
added “2005 Spirit of America
added “200501. Organization
added “(a) Federal charter—Spirit of America (in this chapter “the corporation”), a nonprofit corporation, is a federally chartered corporation.
added “(b) Expiration of charter—If the corporation does not comply with the provisions of this chapter, the charter granted by this chapter expires.
added “(c) Scope of charter—Nothing in the charter granted by this chapter shall be construed as conferring special rights or privileges upon the corporation, or as placing upon the Department of Defense any obligation with respect to the corporation.
added “200502. Purposes
added “The purposes of the corporation are as provided in its constitution and bylaws and include the following:
added “(1) To respond to the needs of local populations abroad, as identified by members of the Armed Forces and diplomats of the United States abroad.
added “(2) To connect the people of the United States more closely to the members of the Armed Forces and diplomats of the United States abroad, and to the missions carried out by such personnel abroad.
added “(3) To demonstrate the goodwill of the people of the United States to peoples around the world.
added “200503. Governing body
added “(a) Board of directors
added “(1) The board of directors is the governing body of the corporation. The powers, duties, and responsibilities of the board are as provided in the constitution and bylaws of the corporation.
added “(2) The number of directors is as provided in the constitution of the corporation. Their manner of selection (including the filling of vacancies) and their term of office are as provided in the constitution and bylaws.
added “(b) Officers
added “(1) The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.
added “(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.
added “200504. Powers
added “The corporation may—
added “(1) adopt and amend a constitution, by-laws, and regulations to carry out the purposes of the corporation;
added “(2) adopt and alter a corporate seal;
added “(3) establish and maintain offices to conduct its activities;
added “(4) enter into contracts;
added “(5) acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the corporation;
added “(6) establish, regulate, and discontinue subordinate State and territorial subdivisions and local chapters or posts;
added “(7) publish a magazine and other publications (including through the Internet);
added “(8) sue and be sued;
added “(9) do any other act necessary and proper to carry out the purposes of the corporation as provided in its constitution, by-laws, and regulations; and
added “(10) to do any other act necessary and proper to carry out the purposes stated in section 200502 of this title.
added “200505. Restrictions
added “(a) Profit—The corporation may not engage in business activity for profit unless the activity is substantially related to—
added “(1) the purposes stated in 200502 of this title; or
added “(2) raising funds to accomplish those purposes.
added “(b) Stock and dividends—The corporation may not issue stock or declare or pay a dividend.
added “(c) Political activities—The corporation shall be nonpolitical and may not provide financial aid or assistance to, or otherwise promote the candidacy of, an individual seeking elective public office. A substantial part of the activities of the corporation may not involve carrying on propaganda or otherwise attempting to influence legislation.
added “(d) Distribution of income or assets—The income or assets of the corporation may not inure to the benefit of a governor, officer, member, or employee or be distributed to any person during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer, employee, or other person or reimbursement for actual necessary expenses in amounts approved by the board of directors.
added “(e) Loans—The corporation may not make a loan to a governor, officer, member or employee.
added “(f) No claim of governmental approval or authority—The corporation may not claim approval of Congress, of the authority of the United States, for any activity of the corporation.
added “200506. Records and inspection
added “(a) Records—The corporation shall keep—
added “(1) correct and complete records of account;
added “(2) minutes of the proceedings of its members, board of governors, and committees having any of the authority of the corporation; and
added “(3) at its principal office, a record of the names and addresses of its members entitled to vote.
added “(b) Inspection—A member, or an agent or attorney of a member, may inspect the records of the corporation for any proper purpose, at any reasonable time.
added “200507. Duty to maintain tax-exempt status
added “If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate.
added “200508. Quarterly report
added “The corporation shall submit a quarterly report to Congress on the activities of the corporation during the prior fiscal year quarter. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title.”
changed
Review for report purposes—Distribution of corporation assistance abroad through Department of Defense—
changed
In general—Acceptance and coordination of assistance— The report under subsection (a) shall be based on a review conducted for purposes Secretary of Defense may, subject to the report availability of appropriations for such purpose, and in accordance with this section.guidance reviewed or issued under section 1088 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) and guidance issued by the Secretary developed with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development—
added
accept from Spirit of America, a federally-charted corporation under chapter 2005 of title 36, United States Code (as added by subsection (a) of this section), humanitarian, economic, and other nonlethal assistance funded by private funds in the carrying out of the purposes of the corporation; and
added
respond to requests from the corporation for the identification of the needs of local populations abroad for assistance, and coordinate with the corporation in the provision and distribution of such assistance, in the carrying out of such purposes.
changed
Panel—Distribution of assistance to local populations— The review shall be conducted In accordance with guidance issued by a panel consisting the Secretary of Defense developed with the following:concurrence of the Secretary of State and the Administrator of the United States Agency for International Development, members of the Armed Forces abroad may provide to local populations abroad humanitarian, economic, and other nonlethal assistance provided to the Department by the corporation pursuant to this subsection.
added
Scope of guidance— The guidance issued pursuant to this subsection shall ensure that any assistance distributed pursuant to this subsection shall be for purposes of supporting the mission or missions of the Department of Defense and the Armed Forces for which such assistance is provided by the corporation.
added
Department of Defense support for corporation activities— In accordance with guidance issued by the Secretary of Defense, the Department of Defense and the Armed Forces may, subject to the availability of appropriations for such purpose—
added
provide transportation, lodging, storage, and other logistical support—
added
to personnel of the corporation (whether in the United States or abroad) who are carrying out the purposes of the corporation; and
added
in connection with the acceptance and distribution of assistance provided by the corporation; and
added
use assets of the Department and the Armed Forces in the provision of support described in subparagraph (A).
removed
The Commander of the Air Combat Command, who shall head the panel.
removed
The Commander of the Army Aviation Branch.
removed
The Commander, Naval Air Forces.
removed
The Deputy Commandant of the Marine Corps for Aviation.
removed
Such other personnel of the Department of Defense as the Secretary considers appropriate.
changed
Review elements—Tables of chapters— The review required table of chapters at the beginning of title 36, United States Code, and at the beginning of subtitle II of such title, are each amended by subsection (b) shall address inserting after the following:item relating to chapter 2003 the following new item:
removed
An analysis of the career progression of military pilots and non-pilot aviators, including a comparison between military pilot and non-pilot aviators, on the one hand, and other military specialities, on the other hand, with respect to each of the following:
removed
Tours of duty.
removed
Assignment lengths.
removed
Minimum service commitments.
removed
Professional performance evaluation systems.
removed
Statutory and administrative promotion processes.
removed
An analysis of aircrew aviation training for various aircraft platforms, including—
removed
an historical analysis, covering the past 15 years, of first and second assignment total flight hours and model-specific flight hours for military pilots and non-pilot aviators; and
removed
an analysis of the flight hour program in order to determine the appropriate level of required monthly flight hours and sorties to maintain currency (minimum safe level) and proficiency (minimum level to be tactically competent).
removed
An analysis of the effect of recent operational deployments on the ability of military pilots and non-pilot aviators to build and maintain readiness for potential threats from a near-peer adversary, including—
removed
a comparison of rates of simulator usage for military pilots and non-pilot aviators within and not within the pre-deployment training window; and
removed
an assessment of the suitability of training curriculum to address high-end combat operations against a near-peer adversary.
removed
An analysis of aviation squadron size and composition, including—
removed
individual unit-level aircraft allocation;
removed
aviation platform-specific force structure; and
removed
quantity of squadrons within each aviation platform.
removed
An analysis of aviation squadron manning documents on appropriate levels and composition of military pilots, non-pilot aviators, and non-aircrew for each squadron in support of the most current National Defense Strategy, including a consideration of—
removed
appropriate levels and composition of military pilots, non-pilot aviators, and non-aircrew for each squadron in support of such National Defense Strategy;
removed
flight-related workload compared with non-flight related workload for military pilots and non-pilot aviators;
removed
the number of different aircraft platforms to which enlisted maintenance personnel are expected to be assigned throughout a typical career; and
removed
career training milestones for enlisted maintenance personnel, and the effects of such milestones on military aviation readiness.
removed
An analysis of logistics programs in support of military aviation readiness, including—
removed
an evaluation of any shortfalls in logistics programs that serve as contributing factors to both military pilot retention and overall readiness of military aviation units;
removed
an analysis of aircraft parts cannibalization rates;
removed
a determination of average mission capable ratings for aircraft throughout the various stages of the deployment cycle;
removed
an analysis of rates of reassignment of aircraft from non-deploying units to deploying units; and
removed
an identification of individual aircraft communities, if any, with strained supply chains with single-source suppliers.
Sec. 1075 Transfer of aircraft to other departments
added Section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881) is amended—
removed
Report on roles and missions—
removed
Report required— Not later than March 31, 2019, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a re-evaluation of the highest priority missions of the Department of Defense, and of the roles of the Armed Forces in the performance of such missions.
removed
Goals— The goals of the re-evaluation required for purposes of the report shall be as follows:
removed
To support implementation of the National Defense Strategy.
removed
To optimize the effectiveness of the joint force.
removed
To inform the preparation of future defense program and budget requests by the Secretary, and the consideration of such requests by Congress.
changed
Elements— The report required by subsection (b) shall include the following:striking subsections (a) and (f);
removed
A detailed description of the pacing threats for each Armed Force, and for special operations forces, and an assessment of the manner in which such pacing threats determine the primary role of each Armed Force, and special operations forces, including the connection between key operational tasks required by contingency plans.
removed
A specific requirement for the size and composition of each Armed Force, including the following:
removed
The required total end strength and force structure by type for the Army.
removed
The required fleet size of the Navy, identified by class of ships and the corresponding total end strength requirement once that fleet size is achieved.
removed
The required number of operational Air Force squadrons, identified by function and the corresponding total end strength requirement once that number of squadrons is achieved.
removed
The required total end strength and force structure by type for the Marine Corps.
removed
An evaluation of the roles of the Armed Forces in performing low-intensity missions, such as counterterrorism and security force assistance.
removed
An assessment of the roles of the total ground forces, both Army and Marine Corps, to execute the National Defense Strategy.
removed
An assessment, based on operational plans, of the ability of power projection platforms to survive and effectively perform the highest priority operational missions described in the National Defense Strategy.
removed
An assessment, based on operational plans, of the ability of manned, stealthy, penetrating strike platforms to survive and perform effectively the highest priority operational missions described in the National Defense Strategy.
removed
An evaluation of the most effective and efficient means for the joint force to achieve air superiority in both contested and uncontested environments.
removed
An evaluation of the roles of the joint special operations enterprise.
removed
An assessment of the manner in which increased use of the space domain should revise or reallocate the requirements of the joint force.
removed
An assessment of the manner in which the joint force will perform the mission of logistics in contested environments.
changed
Form— The report required in subsection by redesignating subsections (b) shall be submitted in classified form, and shall include an unclassified summary.through (e) as subsections (a) through (d), respectively;
added
by redesignating subsections (g) and (h) as subsections (e) and (f);
added
in subsection (a)(1), as so redesignated, by striking “and subject to the certification requirement under subsection (f),”; and
added
in subsection (d), as so redesignated—
added
by striking “Promptly following the completion of the certification requirement under subsection (f) and notwithstanding” and inserting “Notwithstanding”; and
added
by striking “shall begin transfer, without reimbursement, of—” and inserting “shall transfer, without reimbursement—”.
Sec. 1076 Reauthorization of National Aviation Heritage Area
added
added
Findings— Congress finds as follows:
added
The National Aviation Heritage Area, as it is currently defined, contains the National Museum of the United States Air Force and the Huffman Prairie Flying Field located within the grounds of Wright-Patterson Air Force Base.
added
The National Aviation Heritage Area continues to preserve the historical legacy of the Wright brothers and the birth of aviation, therefore, the National Park Service should designate the National Aviation Heritage Area as a longstanding heritage area.
added
Reauthorization— The National Aviation Heritage Area Act (title V of division J of the Consolidated Appropriations Act, 2005; Public Law 108–447) is amended—
added
by striking “The Aviation Heritage Foundation, Incorporated,”, “the Aviation Heritage Foundation, Incorporated (a nonprofit corporation established under the laws of the State of Ohio)”, “the Aviation Heritage Foundation”, “the Aviation Heritage Foundation, Incorporated” and “the Foundation” each place they appear and inserting “Dayton History”;
added
in section 503, by amending paragraph (1) to read as follows:
added “(1) Dayton History—The term Dayton History means Dayton History, an organization incorporated in Ohio and described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.”
added
in section 505, by adding at the end the following new subsection:
added “(d) Acceptance of funds and services—The management entity may accept funds and services from any Federal or non-Federal source for the purposes of implementing the Management Plan.”
added
in section 512, by striking “the date that is 15 years after the date that funds are first made available for this title” and inserting “September 30, 2025”.
added
Management plan— Dayton History (as such term is defined in section 503(1) of the National Aviation Heritage Area Act (title V of division J of the Consolidated Appropriations Act, 2005; Public Law 108–447)) may manage the National Aviation Heritage Area under the management plan in effect for that heritage area as of the date of the enactment of this Act.
Sec. 1077 Recognition of America’s veterans
added
added
Authorization of support— In order to honor American veterans, including American veterans of past wars that the Secretary of Defense determines have not received appropriate recognition, the Secretary may provide such support as the Secretary determines is appropriate for a parade to be carried out in the District of Columbia. In providing support under this subsection, the Secretary may expend funds for the display of small arms and munitions appropriate for customary ceremonial honors and for the participation of military units that perform customary ceremonial duties.
added
Prohibition— In providing support for a parade as described in subsection (a), the Secretary may not expend funds to provide motorized vehicles, aviation platforms, munitions other than the munitions specifically described in subsection (a), operational military units, or operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the readiness of such units, platforms, or equipment.
Sec. 1078 National Commission on Military Aviation Safety
added
added
Establishment— There is established the National Commission on Military Aviation Safety (in this section referred to as the “Commission”).
added
Membership—
added
Composition— The Commission shall be composed of eight members, of whom—
added
four shall be appointed by the President;
added
one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
added
one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;
added
one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and
added
one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.
added
Appointment date— The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act.
added
Effect of lack of appointment by appointment date— If one or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph.
added
Expertise— In making appointments under this subsection, consideration should be given to individuals with expertise in military aviation training, aviation technology, military aviation operations, aircraft sustainment and repair, aviation personnel policy, aerospace physiology, and reserve component policy.
added
Period of Appointment; Vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
added
Chair and Vice Chair— The Commission shall select a Chair and Vice Chair from among its members.
added
Meetings—
added
In general— The Commission shall meet at the call of the Chair.
added
Initial meeting— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting.
added
Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
added
Duties—
added
Study on Military Aviation Safety— The Commission shall undertake a comprehensive study of United States military aviation mishaps that occurred between fiscal years 2013 and 2018 in order—
added
to assess the rates of military aviation mishaps between fiscal years 2013 and 2018 compared to historic aviation mishap rates;
added
to make an assessment of the underlying causes contributing to the unexplained physiological effects;
added
to make an assessment of causes contributing to delays in aviation maintenance and limiting operational availability of aircraft;
added
to make an assessment of the causes contributing to military aviation mishaps; and
added
to make recommendations on the modifications, if any, of safety, training, maintenance, personnel, or other policies related to military aviation safety.
added
Report— Not later than June 1, 2019, the Commission shall submit to the President and the congressional defense committees a report setting forth a detailed statement of the findings and conclusions of the Commission as a result of the study required by paragraph (1), together with the recommendations of the Commission for such legislative and administrative actions as the Commission considers appropriate in light of the results of the study.
added
Powers—
added
Hearings— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this subtitle.
added
Information from Department— The Commission may secure directly from any element of the Department of Defense such information as the Commission considers necessary to carry out its duties under this subtitle. Upon request of the Chair of the Commission, the head of such element shall furnish such information to the Commission.
added
Termination— The Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (f)(2).
added
Sense of Congress— It is the sense of Congress that—
added
the Secretary of Defense should take every immediate action to make necessary repairs to aviation systems and increase pilot training and proficiency without assuming additional risk to flight safety; and
added
this Act and the Defense Appropriations Act for fiscal year 2019 should be enacted into law by not later than October 1, 2018, at the maximum amount permitted by the Bipartisan Budget Act of 2018 (Public Law 115–23) without being conditioned on any other issue and without regard to any issue or difference of opinion.
Sec. 1079 Target practice and marksmanship training support
added
added
Findings; purpose—
added
Findings— Congress finds that—
added
the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities;
added
in recent years preceding the date of enactment of this section, portions of Federal land have been closed to target practice and marksmanship training for many reasons;
added
the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges;
added
providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help—
added
to promote enjoyment of shooting, recreational, and hunting activities; and
added
to ensure safe and convenient locations for those activities;
added
Federal law in effect on the date of enactment of this section, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and
added
it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges.
added
Purpose— The purpose of this section is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.
added
Amendments to Pittman-Robertson Wildlife Restoration Act—
added
Definitions— Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—
added
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
added
by inserting after paragraph (1) the following:
added “(2) the term public target range means a specific location that—
added “(A) is identified by a governmental agency for recreational shooting;
added “(B) is open to the public;
added “(C) may be supervised; and
added “(D) may accommodate archery or rifle, pistol, or shotgun shooting;”
added
Expenditures for management of wildlife areas and resources— Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended—
added
by striking “(b) Each State” and inserting the following:
added “(b) Expenditures for management of wildlife areas and resources
added “(1) In general—Except as provided in paragraph (2), each State”
added
in paragraph (1) (as so designated), by striking “construction, operation,” and inserting “operation”;
added
in the second sentence, by striking “The non-Federal share” and inserting the following:
added “(3) Non-Federal share—The non-Federal share”
added
in the third sentence, by striking “The Secretary” and inserting the following:
added “(4) Regulations—The Secretary”
added
by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:
added “(2) Exception—Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.”
added
Firearm and bow hunter education and safety program grants— Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended—
added
in subsection (a), by adding at the end the following:
added “(3) Allocation of additional amounts—Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.”
added
by striking subsection (b) and inserting the following:
added “(b) Cost sharing
added “(1) In general—Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.
added “(2) Public target range construction or expansion—The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.”
added
in subsection (c)(1)—
added
by striking “Amounts made” and inserting the following:
added “(A) In general—Except as provided in subparagraph (B), amounts made”
added
by adding at the end the following:
added “(B) Exception—Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.”
added
Limits on liability—
added
Discretionary function— For purposes of chapter 171 of title 28, United States Code (commonly referred to as the “Federal Tort Claims Act”), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function.
added
Civil action or claims— Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is—
added
funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or
added
located on Federal land.
added
Sense of Congress regarding cooperation— It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.
added
Definition of public target range— In this section, the term public target range means a specific location that—
added
is identified by a governmental agency for recreational shooting;
added
is open to the public;
added
may be supervised; and
added
may accommodate archery or rifle, pistol, or shotgun shooting.
Sec. 1080 Sense of congress on adversary air capabilities
addedadded It is the sense of Congress that each facility of the Department of Defense housing an F–22 aircraft squadron should have adversary air capabilities to improve the training of F–22 aircrews.
Sec. 1081 Sense of Congress regarding organic attack aviator training capability
added It is the sense of Congress that—
removed
Title 10, United States Code— Title 10, United States Code, is amended as follows:
removed
Sections 130j and 130k, as added by section 1631 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1736), are amended by striking “section 3093 of title 50, United States Code” both places it appears and inserting “section 503 of the National Security Act of 1947 (50 U.S.C. 3093)”.
removed
The table of sections at the beginning of chapter 3 is amended by striking the items relating to sections 130j and 130k and inserting the following new items:
removed
Section 131(b)(9), as amended by section 811, is further amended—
removed
by striking subparagraphs (B), (C), and (D); and
removed
by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (B), (C), (D), and (E), respectively.
removed
The table of sections at the beginning of chapter 4 is amended by striking the item relating to section 261 and inserting the following:
removed
Section 494(b)(2) is amended in the matter preceding subparagraph (A) by striking “March 1, 2012, and annually thereafter” and inserting “March 1 of each year”.
removed
Section 495(a) is amended by striking “Beginning in fiscal year 2013, the” and inserting “The”.
removed
Section 499a(d), as added by section 1652(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1757), is amended by striking “on or after the date of the enactment of this section” and inserting “after December 11, 2017,”.
removed
Section 637a(d) is amended by striking “specialities” and inserting “specialties”.
removed
Section 664(d)(1) is amended by striking “the the” and inserting “the”.
removed
The table of subchapters at the beginning of chapter 47A is amended by striking the item relating to subchapter VII and inserting the following:
removed
The table of sections at the beginning of subchapter VII of chapter 47A is amended by striking the item relating to section 950g and inserting the following:
removed
Section 950t is amended—
removed
in paragraph (9), by striking “attack. or” and inserting “attack, or”;
removed
in paragraph (16), by striking “shall punished” and inserting “shall be punished”; and
removed
in paragraph (22), by adding a period at the end.
removed
The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 1077a and inserting the following:
removed
Section 1415(e) is amended by striking “concerned”.
removed
Section 2006a(b)(3) is amended by striking “the such programs” and inserting “such programs”.
removed
Section 2279(c) is amended by striking “subsection (a) and (b)” and inserting “subsections (a) and (b)”.
removed
Section 2279c, as added by section 1601(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1718), is amended—
removed
in subsection (a)(3), by striking “ the date of the enactment of this Act” and inserting “December 12, 2017”; and
removed
in subsection (b)—
removed
in the matter preceding paragraph (1), by striking “ the date of the enactment of this section” and inserting “December 12, 2017”; and
removed
in paragraph (3), by striking “on or after the date that is one year after the date of the enactment of this section” and inserting “after December 11, 2018”.
removed
removed
The second section 2279c, as added by section 1602 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1721), is redesignated as section 2279d.
removed
The table of sections at the beginning of chapter 135 is amended by inserting after the item relating to section 2279c the following new item:
removed
Section 2313b(b)(1)(E), as added by section 803(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1452), is amended by redesignating clauses (A) and (B) as clauses (i) and (ii), respectively.
removed
Section 2337a(d), as added by section 836(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1473), is amended by striking “title 10, United States Code” and inserting “this title”.
removed
Section 2374a(e) is amended by striking “,,” and inserting “,”.
removed
The table of sections at the beginning of chapter 141 is amended by striking the item relating to section 2410s and inserting the following new item:
removed
The heading of section 2410s is amended by striking the period at the end.
removed
removed
The heading of section 2414, as amended by section 817(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1462), is amended to read as follows:
removed
“2414. Funding”
removed
The item relating to such section in the table of sections at the beginning of chapter 142 is amended to read as follows:
removed
Section 2613(g) is amended by striking “(1)”.
removed
Section 2679(a)(1) is amended by striking “Federal government” and inserting “Federal Government”.
removed
The heading of section 2691, as amended by section 2814(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended to read as follows:
removed
“2691. Restoration of land used by permit or damaged by mishap; reimbursement of state costs of fighting wildland fires”
removed
Section 2879(a)(2)(A), as added by section 2817(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “on or after the date of the enactment of this section” and inserting “after December 11, 2017,”.
removed
The heading of section 2914 is amended to read as follows:
removed
“2914. Energy resilience and conservation construction projects”
removed
Section 10504 is amended—
removed
in subsection (a), by striking “The Chief ” and inserting “(1) The Chief”; and
removed
by redesignating the second subsection (b) as subsection (c).
changed
Title 32, United States Code— Title 32, United States Code, is amended retaining attack rotary wing aviation assets in section 902, by striking “the Secretary, determines” and inserting “the Secretary determines”.the Army National Guard continues to be important;
changed
NDAA for fiscal year 2018— Effective as of December 12, 2017, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1284 et seq.) is amended as follows:Guard should retain organic attack aviation training capacity; and
removed
Section 834(a)(2) (131 Stat. 1470) is amended by striking “subchapter I of”.
removed
Section 913(b) is amended by striking the dash after the colon in the matter preceding paragraph (1).
removed
Section 1051(d) is amended by inserting “National” before “Defense Authorization Act”.
removed
Section 1691(i) is amended—
removed
by inserting “the” after “Title XIV of”; and
removed
by inserting “as enacted into law by” before “Public Law 106–398”.
removed
Section 2817(a)(2) is amended by striking “table of sections for” and inserting “table of sections at the beginning of subchapter IV of”.
removed
Section 2831(b) is amended by inserting “of title 10, United States Code,” after “chapter 173”.
removed
Section 2876(d) is amended—
removed
by inserting “In this section:” after “Definitions.—”; and
removed
in paragraph (1)(A), in the matter preceding clause (i), by inserting open quotation marks before “beneficial” and close quotation marks after “owner”.
changed
Other NDAAs— Section 828(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), as added by section 825(a)(4) of the Western and Eastern Army Aviation Training Sites have proven invaluable in maintaining Army National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1466), is amended by inserting “subsection” before “(b)”.Guard aviation readiness.
removed
Other laws—
removed
Title 31— Paragraph (1) of section 5112(p) of title 31, United States Code, as amended by section 885 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1505), is amended by striking “, United States Code” each place it appears.
removed
Title 49— Subsection (h) of section 44718 of title 49, United States Code, as amended and redesignated by sections 311(b)(3) and 311(e)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended—
removed
in paragraph (1), by striking “section 183a(g) of title 10” and inserting “section 183a(h)(1) of title 10”; and
removed
in paragraph (2), by striking “section 183a(g) of title 10” and inserting “section 183a(h)(7) of title 10”.
removed
Atomic Energy Defense Act— Section 4309(c) of the Atomic Energy Defense Act (50 U.S.C. 2575(c)) is amended by redesignating paragraphs (17) and (18) as paragraphs (16) and (17), respectively.
removed
Conforming amendments relating to the Chief Management Officer of the Department of Defense—
removed
Conforming amendments—
removed
Each of the following provisions law is amended by striking “Deputy Chief Management Officer” each place it appears and inserting “Chief Management Officer”:
removed
Section 192(e)(2) of title 10, United States Code.
removed
Section 2222 of title 10, United States Code.
removed
Section 11319(d)(4) of title 40, United States Code.
removed
Section 881(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).
removed
Section 217 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2445a note).
removed
Section 131(b) of title 10, United States Code, as amended by subsection (a)(3) of this section, is further amended—
removed
by striking paragraph (4); and
removed
by redesignating paragraphs (5) through (10) as paragraphs (4) through (9), respectively.
removed
Section 137a(d) of title 10, United States Code, is amended—
removed
by striking “the Secretaries of the military departments,” and inserting “the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, and”; and
removed
by striking “, and the Deputy Chief Management Officer of the Department of Defense”.
removed
Section 138(d) of title 10, United States Code, is amended—
removed
by inserting “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”; and
removed
by striking “the Deputy Chief Management Officer of the Department of Defense,”.
removed
Section 904(b)(4) the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 132 note.) is amended—
removed
by striking “and Deputy Chief Management Officer”; and
removed
by striking “as is necessary to assist those officials in the performance of their duties” and inserting “as is necessary to assist the Chief Management Officer in the performance of the duties assigned to such official”.
removed
Section 5314 of title 5, United States Code, is amended by striking “Deputy Chief Management Officer of the Department of Defense.”.
removed
References—
removed
In law or regulation— Any reference in a law (other than this Act) or regulation in effect on the day before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a reference to the Chief Management Officer of the Department of Defense.
removed
In other documents, papers, or records— Any reference in a document, paper, or other record of the United States prepared before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a reference to the Chief Management Officer of the Department of Defense.
removed
Coordination with other amendments made by this Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Sec. 1082 Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces
added
Findings— Congress finds the following:
removed
In general—
removed
Designation of Principal Advisor— Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“145. Principal Advisor on Countering Weapons of Mass Destruction
removed
“The Secretary of Defense may designate, from among the personnel of the Office of the Secretary of Defense, a Principal Advisor on Countering Weapons of Mass Destruction. Such Principal Advisor shall coordinate the activities of the Department of Defense relating to countering weapons of mass destruction. The individual designated to serve as such Principal Advisor shall be an individual who was appointed to the position held by the individual by and with the advice and consent of the Senate.”
changed
Clerical amendment— The table of sections at United States celebrates Native American History Month each November to recognize and honor the beginning history and achievements of such chapter is amended by adding at the end the following new item:Native Americans.
added
American Indian and Alaska Natives serve in all branches of the Armed Forces, attend all service academies, and defend our country with valiance, pride, and honor.
added
More than 30,000 active duty, reserve, and National Guard members of the Armed Forces identify as Native American.
added
American Indian and Alaska Natives have served and continue to serve in the highest proportions to population than any other ethnic group.
added
American Indian and Alaska Natives have served in every war, from the Revolutionary War to current overseas conflicts.
added
Native American veterans are Congressional Medal of Honor, Congressional Gold and Silver Medals, Purple Heart, and Bronze Star Medal recipients.
added
American Indian and Alaska Native women serve in Armed Forces in higher proportions than any other ethnic group.
added
Native American Code Talkers and their languages proved an invaluable asset during World Wars I and II.
added
Ira Hayes, Akimel O’odham (Pima) helped to raise the American flag on Iwo Jima;
added
Dr. Joseph Medicine Crow, Apsáalooke (Crow), served in WWII and became a war chief.
added
Numerous present and past military aircraft, helicopters, and munitions programs bear the names of Native American tribes and tribal leaders to honor their legacy of martial prowess, including the Apache, Kiowa, Black Hawk, Lakota, Chinook, Huron, Iroquois, Comanche, Cayuse, Chickasaw, Ute, Gray Eagle, Mescalero, Tomahawk, and more.
added
Native American tribes commonly take part in ceremonies alongside military units to bless new aircraft and mark successful inception of new fleets.
added
More than 140,000 veterans across the United States identify as Native American.
added
Each November, the Department of Defense honors the unique and special relationship with tribal communities during Native American Heritage Month.
changed
Oversight plan—Sense of Congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to streamline the oversight framework of the Office of the Secretary of Defense, including any efficiencies and It is the potential to reduce, realign, or otherwise restructure current Assistant Secretary and Deputy Assistant Secretary positions with responsibilities for overseeing countering weapons sense of mass destruction policy, programs, and activities.Congress that Congress—
added
recognizes and honors the legacy and contributions of American Indian and Alaska Natives and tribal communities to the military of the United States; and
added
commits to ensuring progress for American Indian and Alaska Native members of the Armed Forces and veterans with regard to representation in senior military leadership positions, improving access to culturally competent resources and services, and supporting families and tribal communities.
removed
Directive— Not later than 90 days after the submission of the oversight plan under subsection (b), the Secretary of Defense shall issue a directive for the implementation of the oversight plan by the Countering Weapons of Mass Destruction-Unity of Effort Council.
removed
Report—
removed
In general— The Secretary shall submit to the congressional defense committees a report at the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) for each of fiscal years 2020 through fiscal year 2024. Each such report shall include, for the fiscal year covered by the report, each of the following:
removed
A concise budget summary, including budget program data provided by the Undersecretary of Defense (Comptroller) for all activities of the Department that include countering weapons of mass destruction for the period covered by the applicable future-years defense program under section 221 of title 10, United States Code.
removed
A description of the activities taken by the Countering Weapons of Mass Destruction-Unity of Effort Council, including—
removed
A description of actions that are promoting a unity of effort with respect to countering weapons of mass destruction across all elements of the Department.
removed
A list of topics that have been brought before the Countering Weapons of Mass Destruction-Unity of Effort Council and the resolution of each such topic.
removed
A description of current and future threats involving weapons of mass destruction.
removed
A plan, for the period covered by the applicable future-years defense program under section 221 of title 10, United States Code, to address the threats identified under clause (iii) consistent with the budget.
removed
Such other matters as the Secretary determines are relevant.
removed
Form of report— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1083 Amateur radio parity
changed
Transfer by Department of Homeland Security—Findings— Paragraph (1) of subsection (a) of section 1098 of Congress finds the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881) is amended—following:
changed
More than 730,000 radio amateurs in subparagraph (A), the United States are licensed by striking “of—” and all that follows and inserting “of the seven demilitarized HC–130H aircraft specified Federal Communications Commission in subparagraph (B) to the Secretary of the Air Force.”;amateur radio services.
changed
by striking subparagraph (B); andAmateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols.
changed
There is a strong Federal interest in the effective performance of amateur stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by redesignating subparagraph (C) as subparagraph (B).unreasonable private land use restrictions, including restrictive covenants.
added
Federal Communications Commission regulations have for three decades prohibited the application to stations in the amateur service of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications.
added
The Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding amateur service communications to private land use restrictions, including restrictive covenants.
added
There are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants, conditions, and restrictions in deed-restricted communities. These considerations are dissimilar to those applicable to State law and local ordinances regulating the same residential amateur radio facilities.
added
In recognition of these considerations, a separate Federal policy than exists at section 97.15(b) of title 47, Code of Federal Regulations, is warranted concerning amateur service communications in deed-restricted communities.
added
Community associations should fairly administer private land use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas. There exist antenna designs and installations that can be consistent with the aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services.
added
Application of private land use restrictions to amateur stations—
added
Amendment of FCC rules— Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that—
added
on its face or as applied, precludes communications in an amateur radio service;
added
fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or
added
does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction.
removed
Air Force actions— Paragraph (2) of such subsection is amended—
changed
Additional requirements— in subparagraph (A)(iii), by striking “to the Secretary of Agriculture” and all that follows and inserting “to the State of California, Natural Resources Agency, for use In amending its rules as required by subsection (a), the Department of Forestry and Fire Protection for firefighting purposes.”; andCommission shall—
added
require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna;
added
permit a community association to prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property not under the exclusive use or control of the licensee; and
added
subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.
removed
in subparagraph (C)—
removed
by striking “unless, by reimbursable order” and all that follows through “such modifications” in each of clauses (i) and (ii);
removed
in clause (i), by striking “$5,000,000” and inserting “$7,500,000”; and
removed
in clause (ii), by striking “$130,000,000” and inserting “$150,000,000”.
changed
Coast Guard actions—Affirmation of limited preemption of State and local land use regulation— The second sentence of paragraph (3) of such subsection is amended by striking “under paragraph (2)(A)(ii).” and inserting “pursuant to this subsection before the date of the enactment Federal Communications Commission may not change section 97.15(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. If the Governor title 47, Code of California identifies fewer than seven aircraft Federal Regulations, which shall remain applicable to be acquired for firefighting purposes, the Secretary of Homeland Security may retain title State and disposition local land use regulation of the HC-130H aircraft not included in the transfer.”.amateur service communications.
changed
Conforming amendments—Definitions— Subsection (c) of such section is amended by inserting “or the Governor of California” after “Secretary of Agriculture” each place it appears.In this section:
added
The term “community association” means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration.
added
The terms “amateur radio services”, “amateur service”, and “amateur station” have the meanings given such terms in section 97.3 of title 47, Code of Federal Regulations.
removed
Secretary of Agriculture retransfer of transferred initial spares and related equipment— The Secretary of Agriculture shall, acting for the Forest Service, transfer to the Commandant of the Coast Guard or the Governor of California, as appropriate, any initial spares and necessary ground support equipment for HC–130H aircraft that were transferred to the Secretary pursuant to section 1098(a)(1)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2014 before the date of the enactment of this Act.
removed
Governor of California actions—
removed
Certification required— No action may be taken to transfer any aircraft pursuant to section 1098(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881), as amended by this section, unless the Governor of the State of California submits to the Secretary of Defense certification in writing of the number of HC-130H aircraft that the State of California requests to be transferred pursuant to such section for firefighting purposes.
removed
Failure to submit certification— If the Governor of California fails to submit the certification under paragraph (1) before the date that is 120 days after the date of the enactment of this Act—
removed
paragraph (2) of subsection (a) of section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881), as amended by this section shall have no force or effect; and
removed
the Secretary of Homeland Security may retain title and disposition of the HC-130H aircraft specified in paragraph (1)(B) of such subsection.
Sec. 1084 Sense of Congress regarding the international borders of the United States
added It is the sense of Congress that—
added
gaining and maintaining situational awareness and operational control of the international borders of the United States is critical to national security;
added
the United States Government must devote adequate resources to securing the border, both at, and between, ports of entry, and the agency tasked with that mission, the Department of Homeland Security, should be adequately resourced to conduct such mission; and
added
the Department of Defense must ensure that when it acts in support of that mission, such as when mobilized by the President to conduct homeland defense activities, or when military facilities are adjacent to an international border of the United States, it has adequate resources, capabilities, and authorities to carry out the mission while maintaining combat readiness.
removed
In general— Section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2436; 10 U.S.C. 113 note) is amended—
removed
by inserting before “The Secretary” the following: “(a) Database required.—”;
removed
in subsection (a), as designated by paragraph (1), by adding at the end the following new paragraphs:
removed
“(3) The types of emergency response cyber capabilities that the National Guard of each State and territory may be able to provide in response to domestic or natural man-made disasters, as reported by the States and territories, including—
removed
“(A) capabilities that can be provided within the State or territory;
removed
“(B) capabilities that can be provided under State-to-State mutual assistance agreements; and
removed
“(C) capabilities for defense support to civil authorities.
removed
“(4) The types of emergency response cyber capabilities of other reserve components of the Armed Forces identified by the Secretary that are available for defense support to civil authorities in response to domestic or natural man-made disasters.”
removed
by adding at the end the following new subsection:
removed
“(b) Information required To keep database current—In maintaining the database required by subsection (a), the Secretary shall identify and revise the information required to be reported and included in the database at least once every two years for purposes of keeping the database current.”
removed
Establishment of database—
removed
Deadline for establishment— The Secretary of Defense shall establish the database required by section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as amended by subsection (a), by not later than one year after the date of the enactment of this Act.
removed
Use of existing database or system for certain capabilities— The Secretary may meet the requirement with respect to the capabilities described in subsection (a)(1) of section 1406 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as so amended, in connection with the database required by that section through the use or modification of current databases and tracking systems of the Department of Defense, including the Defense Readiness Reporting System, if the Secretary determines that such action will—
removed
expedite compliance with the requirement; and
removed
achieve such compliance at a cost not greater than the cost of establishing anew the database otherwise covered by the requirement.
Sec. 1085 Program to commemorate 75th anniversary of World War II
added
Commemorative program authorized— The Secretary of Defense shall conduct a program to commemorate the 75th anniversary of World War II. In conducting the commemorative program, the Secretary shall support and facilitate other programs and activities of the Federal Government, State and local governments, and not-for-profit organizations in commemoration of the 75th anniversary of World War II.
added
Commemorative activities and objectives— The commemorative program may include activities and ceremonies to achieve the following objectives:
added
To thank and honor veterans of World War II, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans.
added
To educate the public about the history of World War II and highlight the service of the Armed Forces during World War II and the contributions of Federal agencies and governmental and nongovernmental organizations that served with, or in support of, the Armed Forces.
added
To pay tribute to the contributions made on the home front by the people of the United States during World War II.
added
To recognize the contributions and sacrifices made by the allies of the United States during World War II.
added
To remember the Holocaust, the annihilation of 6,000,000 Jews by the Nazi regime, and to pay tribute to the Allied troops who liberated Nazi concentration camps during World War II.
added
Names and symbols— The Secretary of Defense shall have the sole and exclusive right to use the name “The United States of America 75th Anniversary of World War II Commemoration”, and such seal, emblems, and badges incorporating such name as the Secretary may lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act.
added
Commemorative fund—
added
Establishment and administration— Upon the Secretary establishing the commemorative program under subsection (a), the Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the “Department of Defense World War II Commemoration Fund” (in this section referred to as the “Fund”). The Fund shall be administered by the Secretary of Defense.
added
Use of fund— The Secretary of Defense shall use the assets of the Fund only for the purpose of conducting the commemorative program and providing grants to State and local governments and not-for-profit organizations for commemorative activities, and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.
added
Deposits— The following shall be deposited into the Fund:
added
Amounts appropriated to the Fund.
added
Proceeds derived from the Secretary’s use of the exclusive rights described in subsection (c).
added
Donations made in support of the commemorative program by private and corporate donors.
added
Funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2019 and subsequent years for the Department of Defense.
added
Availability— Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended.
added
Budget request— The Secretary of Defense may establish a separate budget line for the commemorative program. In the budget justification materials submitted by the Secretary in support of the budget of the President for any fiscal year for which the Secretary establishes the separate budget line, the Secretary shall—
added
identify and explain any amounts expended for the commemorative program in the fiscal year preceding the budget request;
added
identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request; and
added
present a summary of the fiscal status of the Fund.
added
Acceptance of voluntary services—
added
Authority to accept services— Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary of Defense shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program.
added
Reimbursement of incidental expenses— The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.
added
Consultation with Director of the United States Holocaust Memorial Museum— In designing the commemorative program conducted under this section, the Secretary of Defense shall consult with the Director of the United States Holocaust Memorial Museum.
added
Final report—
added
Report required— Not later than 60 days after the end of the commemorative program established by the Secretary of Defense under subsection (a), the Secretary shall submit to Congress a report containing an accounting of—
added
all of the funds deposited into and expended from the Fund;
added
any other funds expended under this section; and
added
any unobligated funds remaining in the Fund.
added
Treatment of unobligated funds— Unobligated amounts remaining in the Fund as of the end of the commemorative period shall be held in the Fund until transferred by law.
added
Limitation on expenditures— Total expenditures from the Fund, using amounts appropriated to the Department of Defense, may not exceed $5,000,000 for fiscal year 2019 or for any subsequent fiscal year to carry out the commemorative program.
added
Funding— Of the amount authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for operation and maintenance, Defense-wide activities, $2,000,000 shall be available for deposit in the Fund.
removed
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following:
removed
“722. Disclosure requirements for United States-based foreign media outlets
removed
“(a) Reports by outlets to Commission—Not later than 60 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, a United States-based foreign media outlet shall submit to the Commission a report that contains the following information:
removed
“(1) The name of such outlet.
removed
“(2) A description of the relationship of such outlet to the foreign principal of such outlet, including a description of the legal structure of such relationship and any funding that such outlet receives from such principal.
removed
“(b) Reports by Commission to Congress—Not later than 90 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, the Commission shall transmit to Congress a report that summarizes the contents of the reports submitted by United States-based foreign media outlets under subsection (a) during the preceding 6-month period.
removed
“(c) Public availability—The Commission shall make publicly available on the internet website of the Commission each report submitted by a United States-based foreign media outlet under subsection (a) not later than the earlier of—
removed
“(1) the date that is 30 days after the outlet submits the report to the Commission; or
removed
“(2) the date on which the Commission transmits to Congress under subsection (b) the report covering the 6-month period during which the report of the outlet was submitted to the Commission under subsection (a).
removed
“(d) Definitions—In this section:
removed
“(1) Foreign principal—The term “foreign principal” has the meaning given such term in section 1(b)(1) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)(1)).
removed
“(2) United States-based foreign media outlet—The term “United States-based foreign media outlet” means an entity that—
removed
“(A) produces or distributes video programming (as defined in section 602) that is transmitted, or intended for transmission, by a multichannel video programming distributor (as defined in such section) to consumers in the United States; and
removed
“(B) would be an agent of a foreign principal (as defined in paragraph (1)) for purposes of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) but for section 1(d) of such Act (22 U.S.C. 611(d)).”
Sec. 1086 Compliance with requirements relating to reciprocity of security clearance and access determinations
added The Secretary of Defense shall take such steps as may be necessary to ensure the expedited compliance of the Department of Defense with section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 50 U.S.C. 3341(d)).
removed
Declaration of policy— It is the policy of the United States to fly, sail, and operate throughout the oceans, seas, and airspace of the world wherever international law allows.
removed
Implementation of policy— In furtherance of the policy set forth in subsection (a), the Secretary of Defense should—
removed
plan and execute a robust series of routine and regular air and naval presence missions throughout the world and throughout the year, including for critical transportation corridors and key routes for global commerce;
removed
in addition to the missions executed pursuant to paragraph (1), execute routine and regular air and maritime freedom of navigation operations throughout the year, in accordance with international law, including, but not limited to, maneuvers beyond innocent passage; and
removed
to the maximum extent practicable, execute the missions pursuant to paragraphs (1) and (2) with regional partner countries and allies of the United States.
Sec. 1087 Assessment regarding eligibility for compensation for compensable diseases under the Radiation Exposure Compensation Act
added
Assessment— The National Cancer Institute and the Centers for Disease Control and Prevention shall assess the application of probability of causation/assigned share (in this section referred to as “PC/AS”) to determine eligibility for compensation for compensable diseases under the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) in downwind populations in the continental United States, Alaska, Hawaii, and the possessions and territories of the United States. To carry out the assessment, the National Cancer Institute and the Centers for Disease Control and Prevention shall, at a minimum—
removed
Establishment; purpose—
removed
Establishment— There is established the National Commission on Military Aviation Safety (in this section referred to as the “Commission”). The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title.
changed
Purpose— The purpose of complete the Commission is to examine and make recommendations with respect work begun in the late 1990s to certain develop dose estimates for downwind populations in such locations from fallout from nuclear weapons testing by the United States military aviation mishaps.States; and
added
estimate the portions of these downwind populations that could become eligible for compensation compensable diseases under such Act for each of the following PC/AS criteria:
added
Median PC/AS > 0.5.
added
PC/AS > 0.5 at the 80 percent credibility limit.
added
PC/AS > 0.5 at the 99 percent credibility limit.
added
Provision of information— Not later than 60 days after the date of the enactment of this Act, the National Cancer Institute and the Centers for Disease Control and Prevention shall inform Congress of the time and resources required to carry out the assessment under subsection (a).
removed
Membership—
removed
Composition— The Commission shall be composed of eight members, of whom—
removed
four shall be appointed by the President;
removed
one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
removed
one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;
removed
one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and
removed
one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.
removed
Appointment date— The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act.
removed
Effect of lack of appointment by appointment date— If one or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph.
removed
Expertise— In making appointments under this subsection, consideration should be given to individuals with expertise in military aviation training, aviation technology, military aviation operations, aircraft sustainment and repair, aviation personnel policy, aerospace physiology, and reserve component policy.
removed
Period of Appointment; Vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
removed
Chair and Vice Chair— The Commission shall select a Chair and Vice Chair from among its members. The Chair may not be a Federal officer or employee.
removed
Status as Federal employees— Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees.
removed
Pay for members—
removed
In general— Except for the Chair, each member of the Commission who is not an officer or employee of the Federal government shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
removed
Chair— The Chair of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314, of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission.
removed
Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
removed
Additional staff—
removed
Executive director—
removed
Appointment— The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code.
removed
Limitations— The individual appointed to serve as Executive Director may not have served on active duty in the Armed Forces or as a civilian employee of the Department of Defense during the one-year period preceding the date of such appointment.
removed
Commission staff— The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code.
removed
Detailees— Not more than half of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense and other Federal departments or agencies.
removed
Meetings—
removed
In general— The Commission shall meet at the call of the Chair.
removed
Initial meeting— Not later than 30 days after the date on which all members of the Commission are required to have been appointed under subsection (b)(2), the Commission shall hold its initial meeting.
removed
Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
removed
Space for Commission— Not later than 90 days after the date of the enactment of this Act, the Administrator of General Services, in consultation with the Secretary of Defense, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 90-day period, the Commission may lease space to the extent that funds are available for such purpose.
removed
Contracting authority— The Commission may enter into contracts for the acquisition of administrative supplies and equipment for use by the Commission, to the extent that funds are available for such purpose.
removed
Procurement of temporary and intermittent services— The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
removed
Duties—
removed
Study on Military Aviation Safety— The Commission shall undertake a comprehensive study of United States military aviation mishaps that occurred between fiscal years 2013 and 2018 in order—
removed
to assess the rates of military aviation mishaps between fiscal years 2013 and 2018 compared to historic aviation mishap rates;
removed
to make an assessment of the underlying causes contributing to the unexplained physiological effects;
removed
to make an assessment of causes contributing to delays in aviation maintenance and limiting operational availability of aircraft;
removed
to make an assessment of the causes contributing to military aviation mishaps; and
removed
to make recommendations on the modifications, if any, of safety, training, maintenance, personnel, or other policies related to military aviation safety.
removed
Report— Not later than March 1, 2020, the Commission shall submit to the President and the congressional defense committees a report setting forth a detailed statement of the findings and conclusions of the Commission as a result of the study required by paragraph (1), together with the recommendations of the Commission for such legislative and administrative actions as the Commission considers appropriate in light of the results of the study.
removed
Powers—
removed
Hearings— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this subtitle.
removed
Information from Department— The Commission may secure directly from any element of the Department of Defense such information as the Commission considers necessary to carry out its duties under this subtitle. Upon request of the Chair of the Commission, the head of such element shall furnish such information to the Commission.
removed
Protection of Privileged Safety Information—
removed
Request of information— The Commission may request privileged safety information from the Department of Defense.
removed
Treatment of information— Any privileged safety information provided to the Commission by the Department of Defense shall be handled by the Commission as though the Commission were a non-Department of Defense Federal Government agency under Enclosure 5, Section 8, of Department of Defense Instruction 6055.07, Mishap Notification, Investigation, Reporting, and Record Keeping.
removed
Prohibition on use of information in public hearings— No privileged safety information shall be allowed in any public hearing of the Commission. The Commission may only consider privileged safety information in camera, and no record of the proceedings of the Commission may include privileged safety information.
removed
Prohibition on publication— Any privileged safety information secured by the Commission from the Department of Defense—
removed
may not be published or revealed to anyone outside the Commission;
removed
may not be retained but shall be returned to the originating Department of Defense organization; and
removed
may not be included in any Commission report.
removed
Use of aggregated data— Aggregated data based on privileged safety information or information that has been completely sanitized in accordance with Department of Defense Instruction 6055.07, such that individual mishaps are not identifiable, may be included in the report produced by the Commission.
removed
Definition of privileged safety information— In this subsection, the term “privileged safety information” has the meaning given it in Department of Defense Instruction 6055.07, dated June 6, 2011.
removed
Termination— The Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (h)(2).
removed
Authorization of appropriations— Of the amounts authorized to be appropriated for fiscal year 2019, as identified in division D of this Act, $5,000,000 shall be available for the National Commission on Aviation Safety.
Sec. 1088 Use of GI benefits for agriculture-related education programs
changed
It is The Secretary, in consultation with the sense Secretary of Congress that—Labor and the Secretary of Veterans Affairs, shall provide guidance and resources for individuals interested in using educational benefits under chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code, for agriculture-related education programs.
removed
gaining and maintaining situational awareness and operational control of the international borders of the United States is critical to national security;
removed
the United States Government must devote adequate resources to securing the border, both at, and between, ports of entry, and the agency tasked with that mission, the Department of Homeland Security, should be adequately resourced to conduct such mission; and
removed
the Department of Defense must ensure that when it acts in support of that mission, such as when mobilized by the President to conduct homeland defense activities, or when military facilities are adjacent to an international border of the United States, it has adequate resources, capabilities, and authorities to carry out the mission while maintaining combat readiness.
Sec. 1089 Arctic survival training
added The Secretary of Defense shall ensure that in developing any Arctic survival curriculum, the Department of Defense shall engage with local indigenous communities for their traditional knowledge.
removed
Policy required— The Secretary of Defense shall establish a policy, applicable across the military installations of the Department of Defense (including installations outside the United States), on the response of the Department to allegations of juvenile-on-juvenile problematic sexual behavior on military installations. The policy shall be designed to ensure a consistent, standardized response to such allegations across the Department.
removed
Elements— The policy required by this section shall provide for the following:
removed
Any report or other allegation of juvenile-on-juvenile problematic sexual behavior on a military installation that is received by the installation commander, a law enforcement organization, a Family Advocacy Program, a child development center, a military treatment facility, or a Department school operating on the installation or otherwise under Department administration for the installation shall be reviewed by the Family Advocacy Program of the installation.
removed
Personnel of Family Advocacy Programs conducting reviews shall have appropriate training and experience in working with juveniles.
removed
Family Advocacy Programs conducting reviews shall conduct a multi-faceted, multi-disciplinary review and recommend treatment, counseling, or other appropriate interventions for complainants and respondents.
removed
Each review shall be conducted—
removed
with full involvement of appropriate authorities and entities, including parents or legal guardians of the juveniles involved (if practicable); and
removed
to the extent practicable, in a manner that protects the sensitive nature of the incident concerned, using language appropriate to the treatment of juveniles in written policies and communication with families.
removed
The requirement for investigation of a report or other allegation shall not be deemed to terminate or alter any otherwise applicable requirement to report or forward the report or allegation to appropriate Federal, State, or local authorities as possible criminal activity.
removed
There shall be established and maintained a centralized database of information on each incident of problematic sexual behavior that is reviewed by a Family Advocacy Program under the policy established under this section, with—
removed
the information in such database kept strictly confidential; and
removed
because the information involves alleged conduct by juveniles, additional special precautions taken to ensure the information is available only to persons who require access to the information.
removed
There shall be entered into the database, for each substantiated or unsubstantiated incident of problematic sexual behavior, appropriate information on the incident, including—
removed
a description of the allegation;
removed
whether or not the review is completed;
removed
whether or not the incident was subject to an investigation by a law enforcement organization or entity, and the status and results of such investigation; and
removed
whether or not action was taken in response to the incident, and the nature of the action, if any, so taken.
Sec. 1090 Privacy protections for electronic communications information that is stored by third-party service providers
added
Voluntary disclosure corrections—
added
In general— Section 2702 of title 18, United States Code, is amended—
added
in subsection (a)—
added
in paragraph (1)—
added
by striking “divulge” and inserting “disclose”; and
added
by striking “while in electronic storage by that service” and inserting “that is in electronic storage with or otherwise stored, held, or maintained by that service”;
added
in paragraph (2)—
added
by striking “to the public”;
added
by striking “divulge” and inserting “disclose”; and
added
by striking “which is carried or maintained on that service” and inserting “that is stored, held, or maintained by that service”; and
added
in paragraph (3)—
added
by striking “divulge” and inserting “disclose”; and
added
by striking “a provider of” and inserting “a person or entity providing”;
added
in subsection (b)—
added
in the matter preceding paragraph (1), by inserting “wire or electronic” before “communication”;
added
by amending paragraph (1) to read as follows:
added “(1) to an originator, addressee, or intended recipient of such communication, to the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication, or to an agent of such addressee, intended recipient, subscriber, or customer;”
added
by amending paragraph (3) to read as follows:
added “(3) with the lawful consent of the originator, addressee, or intended recipient of such communication, or of the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication;”
added
in subsection (c) by inserting “wire or electronic” before “communications”;
added
in each of subsections (b) and (c), by striking “divulge” and inserting “disclose”; and
added
in subsection (c), by amending paragraph (2) to read as follows:
added “(2) with the lawful consent of the subscriber or customer;”
removed
Authorization of support— In order to honor American veterans, including American veterans of past wars that the Secretary of Defense determines have not received appropriate recognition, the Secretary may provide such support as the Secretary determines is appropriate for a parade to be carried out in the District of Columbia. In providing support under this subsection, the Secretary may expend funds for the display of small arms and munitions appropriate for customary ceremonial honors and for the participation of military units that perform customary ceremonial duties.
changed
Prohibition—Amendments to required disclosure section— In providing support for a parade as described in subsection (a), the Secretary may not expend funds to provide motorized vehicles, aviation platforms, munitions other than the munitions specifically described in subsection (a), operational military units, or operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the readiness Section 2703 of such units, platforms, or equipment.title 18, United States Code, is amended—
added
by striking subsections (a) through (c) and inserting the following:
added “(a) Contents of wire or electronic communications in electronic storage—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—
added “(1) is issued by a court of competent jurisdiction; and
added “(2) may indicate the date by which the provider must make the disclosure to the governmental entity.
added “(b) Contents of wire or electronic communications in a remote computing service
added “(1) In general—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of remote computing service of the contents of a wire or electronic communication that is stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—
added “(A) is issued by a court of competent jurisdiction; and
added “(B) may indicate the date by which the provider must make the disclosure to the governmental entity.
added “(2) Applicability—Paragraph (1) is applicable with respect to any wire or electronic communication that is stored, held, or maintained by the provider—
added “(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communication received by means of electronic transmission from), a subscriber or customer of such remote computing service; and
added “(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.
added “(c) Records concerning electronic communication service or remote computing service
added “(1) In general—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of a record or other information pertaining to a subscriber to or customer of such service (not including the contents of wire or electronic communications), only—
added “(A) if a governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—
added “(i) is issued by a court of competent jurisdiction directing the disclosure; and
added “(ii) may indicate the date by which the provider must make the disclosure to the governmental entity;
added “(B) if a governmental entity obtains a court order directing the disclosure under subsection (d);
added “(C) with the lawful consent of the subscriber or customer; or
added “(D) as otherwise authorized in paragraph (2).
added “(2) Subscriber or customer Information—A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means available under paragraph (1), disclose to a governmental entity the—
added “(A) name;
added “(B) address;
added “(C) local and long distance telephone connection records, or records of session times and durations;
added “(D) length of service (including start date) and types of service used;
added “(E) telephone or instrument number or other subscriber or customer number or identity, including any temporarily assigned network address; and
added “(F) means and source of payment for such service (including any credit card or bank account number),
added “(3) Notice not required—A governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer.”
added
in subsection (d)—
added
by striking “(b) or”;
added
by striking “the contents of a wire or electronic communication, or”;
added
by striking “sought,” and inserting “sought”; and
added
by striking “section” and inserting “subsection”; and
added
by adding at the end the following:
added “(h) Notice—Except as provided in section 2705, a provider of electronic communication service or remote computing service may notify a subscriber or customer of a receipt of a warrant, court order, subpoena, or request under subsection (a), (b), (c), or (d) of this section.
added “(i) Rule of construction related to legal process—Nothing in this section or in section 2702 shall limit the authority of a governmental entity to use an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction to—
added “(1) require an originator, addressee, or intended recipient of a wire or electronic communication to disclose a wire or electronic communication (including the contents of that communication) to the governmental entity;
added “(2) require a person or entity that provides an electronic communication service to the officers, directors, employees, or agents of the person or entity (for the purpose of carrying out their duties) to disclose a wire or electronic communication (including the contents of that communication) to or from the person or entity itself or to or from an officer, director, employee, or agent of the entity to a governmental entity, if the wire or electronic communication is stored, held, or maintained on an electronic communications system owned, operated, or controlled by the person or entity; or
added “(3) require a person or entity that provides a remote computing service or electronic communication service to disclose a wire or electronic communication (including the contents of that communication) that advertises or promotes a product or service and that has been made readily accessible to the general public.
added “(j) Rule of construction related to Congressional subpoenas—Nothing in this section or in section 2702 shall limit the power of inquiry vested in the Congress by article I of the Constitution of the United States, including the authority to compel the production of a wire or electronic communication (including the contents of a wire or electronic communication) that is stored, held, or maintained by a person or entity that provides remote computing service or electronic communication service.”
added
Delayed notice— Section 2705 of title 18, United States Code, is amended to read as follows:
added “2705. Delayed notice
added “(a) In general—A governmental entity acting under section 2703 may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive.
added “(b) Determination—A court shall grant a request for an order made under subsection (a) for delayed notification of up to 180 days if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or other directive will likely result in—
added “(1) endangering the life or physical safety of an individual;
added “(2) flight from prosecution;
added “(3) destruction of or tampering with evidence;
added “(4) intimidation of potential witnesses; or
added “(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
added “(c) Extension—Upon request by a governmental entity, a court may grant one or more extensions, for periods of up to 180 days each, of an order granted in accordance with subsection (b).”
added
Rule of construction— Nothing in this section or an amendment made by this section shall be construed to preclude the acquisition by the United States Government of—
added
the contents of a wire or electronic communication pursuant to other lawful authorities, including the authorities under chapter 119 of title 18 (commonly known as the “Wiretap Act”), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision of Federal law not specifically amended by this section; or
added
records or other information relating to a subscriber or customer of any electronic communication service or remote computing service (not including the content of such communications) pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119 of title 18 (commonly known as the “Wiretap Act”), or any other provision of Federal law not specifically amended by this section.
Sec. 1091 Lessons learned and best practices on progress of gender integration implementation in the Armed Forces
added The Secretary of Defense shall direct each component of the Armed Forces to share lessons learned and best practices on the progress of their gender integration implementation plans and to communicate strategically that progress with other components of the Armed Forces as well as the general public, as recommended by the Defense Advisory Committee on Women in the Services.
removed
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended for Chinese language instruction provided by a Confucius Institute.
removed
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended to support a Chinese language program at an institution of higher education that hosts a Confucius Institute.
removed
Waiver— The Under Secretary of Defense for Personnel and Readiness may waive the limitation in subsection (b) with respect to a Chinese language program at a specific institution of higher education if the Under Secretary of Defense for Personnel and Readiness—
removed
certifies to the congressional defense committees that—
removed
Confucius Institute employees and instructors will provide no instruction or educational support to the program;
removed
Confucius Institute employees and instructors will have no authority with regard to the curriculum and activities of the program; and
removed
the institution has made available to the Department of Defense all memoranda of understanding, contracts, and other agreements between the institution and the Confucius Institute, or between the institution and any agency of or organization affiliated with the government of the People’s Republic of China; or
removed
certifies to the congressional defense committees that—
removed
the requirements described in subparagraphs (A) and (B) of paragraph (1) have been met; and
removed
the waiver of the limitation in subsection (b) is necessary for national security, and there is no reasonable alternative to issuing the waiver.
removed
Definitions—
removed
Chinese language program— The term Chinese language program means any Department of Defense program designed to provide or support Chinese language instruction, including the National Security Education Program, the Language Flagship program, Project Global Officer, and the Language Training Centers program.
removed
Confucius Institute— The term Confucius Institute means a Confucius Institute that is operated by the Office of Chinese Languages Council International, also known as Hanban, which is affiliated with the Ministry of Education of the People’s Republic of China.
removed
Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
removed
Rule of construction— The prohibition under subsection (a) and the limitation under subsection (b) shall not apply to an institution of higher education by reason that the institution funds or sponsors an event or activity, regardless of any affiliation of any individual who participates in the event or activity, and nothing shall be construed to prohibit funding for other programs, research or other activities at an institution that hosts a Confucius institute.
Sec. 1092 Report on readiness of National Guard to respond to natural disasters
added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report analyzing the readiness of the National Guard and Reserve to respond to natural disasters.
removed
Finding— Congress finds that Spirit of America, a privately-funded, nonpartisan, nonprofit organization, acting in partnership with the Department of Defense, has made an important contribution in supporting the missions of deployed United States personnel around the world.
removed
Sense of Congress— It is the sense of Congress that United States military commanders should, consistent with applicable laws, regulations, and guidance developed consistent with section 1088 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1605; 10 U.S.C. 113 note), engage with and provide logistical support to covered non-Federal entities, including Spirit of America, to advance the military missions of the Armed Forces.
removed
Report—
removed
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate committees of Congress a report on Department engagement with covered non-Federal entities.
removed
Elements— The report required by paragraph (1) shall include the following:
removed
A description of the engagements of the Department with covered non-Federal entities during the 3-year period immediately preceding the date on which the report is submitted.
removed
An evaluation of the implementation of the guidance of the Department applicable to Department engagements with covered non-Federal entities, including any guidance issued pursuant to section 1088 of the National Defense Authorization Act for Fiscal Year 2018.
removed
Recommendations, if any, of the Secretary of Defense and the Secretary of State for improving the capacity and effectiveness of the Department to engage with covered non-Federal entities.
removed
Definitions— In this section:
removed
Appropriate committees of Congress— The term appropriate committees of Congress means—
removed
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
removed
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
removed
Covered non-Federal entity— The term covered non-Federal entity means an organization that—
removed
is based in the United States;
removed
has an independent board of directors and is subject to independent financial audits;
removed
is substantially privately-funded;
removed
is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and
removed
provides international assistance.
Sec. 1093 Report on use and availability of military installations for disaster response
added
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that identifies—
added
each military installation that has been made available to the Department of Homeland Security for disaster response for the past 10 fiscal years; and
added
military installations assessed to be available in support of fast response to disasters.
added
Elements— The report required under subsection (a) shall include the following:
added
For each military installation identified under subsection (a)(1)—
added
the name of the installation;
added
the location of the installation, including the State and Congressional District;
added
a description of the infrastructure and equipment made available at the installation; and
added
a description of personnel made available for disaster response.
added
For each military installation identified under subsection (a)(2)—
added
the name of the installation;
added
the location of the installation, including the State and Congressional District;
added
a description of the infrastructure and equipment to be available at the installation; and
added
a description of personnel to be available for disaster response.
Sec. 1094 Promoting Federal procurement with historically Black colleges and universities and minority institutions
added
added
In general— The head of an executive agency, or a contracting officer where applicable, shall—
added
assist historically Black colleges and universities and minority institutions to develop viable, self-sustaining businesses capable of competing on an equal basis in the mainstream of the United States economy; and
added
promote Federal procurement with historically Black colleges and universities and minority institutions by establishing—
added
participation goals of not less than 10 percent for historically Black colleges and universities and minority institutions;
added
requirements that prime contractors and other recipients of Federal funds attain similar participation goals in their procurement; and
added
other mechanisms that ensure historically Black colleges and universities and minority institutions have a fair opportunity to participate in Federal procurement.
added
Definitions— In this section:
added
The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code.
added
The term “historically Black college and university” has the meaning given that term in section 631 of the Higher Education Act of 1965 (20 U.S.C. 1132).
added
The term “minority institution” has the meaning given that term in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k).
Sec. 1095 Clarification of reimbursable allowed costs of FAA memoranda of agreement
addedadded Section 47504(c)(2) of title 49, United States Code, is amended—
added
in subparagraph (D) by striking “and” at the end;
added
in subparagraph (E) by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project—
added “(i) consists of—
added “(I) replacement windows, doors, and the installation of through-the-wall air conditioning units; or
added “(II) acquisition and installation of the windows, doors, and other noise mitigation elements to be used in a school reconstruction if reconstruction is the preferred local solution;
added “(ii) is located at a school near the airport; and
added “(iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied.”
Sec. 1096 Disclosure requirements for United States-based foreign media outlets
addedadded Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following:
added “722. Disclosure requirements for United States-based foreign media outlets
added “(a) Reports by outlets to Commission—Not later than 90 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, a United States-based foreign media outlet shall submit to the Commission a report that contains the following information:
added “(1) The name of such outlet.
added “(2) A description of the relationship of such outlet to the foreign principal of such outlet, including a description of the legal structure of such relationship and any funding that such outlet receives from such principal.
added “(b) Reports by Commission to Congress—Not later than 60 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, the Commission shall transmit to Congress a report that summarizes the contents of the reports submitted by United States-based foreign media outlets under subsection (a) during the preceding 6-month period.
added “(c) Public availability—The Commission shall make publicly available on the internet website of the Commission each report submitted by a United States-based foreign media outlet under subsection (a) not later than the earlier of—
added “(1) the date that is 30 days after the outlet submits the report to the Commission; or
added “(2) the date on which the Commission transmits to Congress under subsection (b) the report covering the 6-month period during which the report of the outlet was submitted to the Commission under subsection (a).
added “(d) Definitions—In this section:
added “(1) Foreign principal—The term “foreign principal” has the meaning given such term in section 1(b)(1) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)(1)).
added “(2) United States-based foreign media outlet—The term “United States-based foreign media outlet” means an entity that—
added “(A) produces or distributes video programming that is transmitted, or intended for transmission, by a multichannel video programming distributor to consumers in the United States; and
added “(B) would be an agent of a foreign principal (as defined in paragraph (1)) for purposes of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) but for section 1(d) of such Act (22 U.S.C. 611(d)).”
Sec. 1097 Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th Airlift Wing, the 512th Airlift Wing, and the Charles C. Carson Center for Mortuary Affairs
added
added
Findings— Congress find the following:
added
The Dover Air Force Base is home more than 4,000 active-duty military and civilian employees tasked with defending the United States of America.
added
The Dover Air Force Base supports the mission of the 436th Airlift Wing, known as “Eagle Wing” and the 512th Airlift Wing, known as Liberty Wing.
added
The “Eagle Wing” serves as a unit of the Eighteenth Air Force headquartered with the Air Mobility Command at Scott Air Force Base in Illinois.
added
The “Eagle Wing” flies hundreds of missions throughout the world and provides a quarter of the United States’ strategic airlift capability and boasts a global reach to over 100 countries around the world.
added
The Dover Air Force Base houses incredible aircrafts utilized by the United States Air Force, including the C-5M Super Galaxy and C-17A Globemaster III aircraft.
added
The Dover Air Force Base operates the largest and busiest air freight terminal in the Department of Defense, fulfilling an important role in our Nation’s military.
added
The Air Mobility Command Museum is located on the Dover Air Force base and welcomes thousands of visitors each year to learn more about the United States Air Force.
added
The Charles C. Carson Center for Mortuary Affairs fulfills our Nation’s sacred commitment of ensuring dignity, honor and respect to the fallen and care service and support to their families.
added
The mortuary mission at Dover Air Force Base dates back to 1955 and is the only Department of Defense mortuary in the continental United States.
added
Service members who serve at the Center for Mortuary Affairs are often so moved by their work that they voluntarily elect to serve multiple tours because they feel called to serve our fallen heroes.
added
Sense of Congress— Congress—
added
honors and expresses sincerest gratitude to the women and men of the Dover Air Force Base for their distinguished service;
added
acknowledges the incredible sacrifice and service of the families of active duty members of the United States military;
added
encourages the people of the United States to keep in their thoughts and their prayers the women and men of the United States Armed Forces; and
added
recognizes the incredibly unique and important work of the Air Force Mortuary Affairs Operations and the role they play in honoring our fallen heroes.
Sec. 1098 Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing
addedadded Not later than 220 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report analyzing the capacity of the Department of Defense to provide survivors of natural disasters with emergency short-term housing.
Sec. 1099 Study on recruitment of students with experience in certain technical fields
added
added
Study required— The Secretary of Defense shall conduct a study to determine how the Department of Defense can attract and recruit from institutions of higher education, including the institutions described in subsection (b), students with educational backgrounds in science, technology, engineering, and mathematics, including the fields of artificial intelligence, machine learning, and cybersecurity.
added
Institutions described— The institutions described in this subsection are—
added
Hispanic Serving Institutions (as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a));
added
Historically Black Colleges and Universities (as defined in section 322 of such Act (20 U.S.C. 1061)); and
added
Asian American and Native American Pacific Islander Serving Institutions (as defined in Section 371(c) of such Act (20 U.S.C. 1067q(c)).
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).
Sec. 1099A Sense of Congress on the basing of KC–46A aircraft outside the continental United States
added
added
Finding— Congress finds that the Department of Defense is continuing its process of permanently stationing KC–46A aircraft at installations in the continental United States and forward-basing outside the continental United States.
added
Sense of Congress— It is the sense of Congress that the Secretary of the Air Force, as part of the strategic basing process for KC–46A aircraft, should continue to consider the benefits derived from locations outside the continental United States that—
added
support day-to-day air refueling operations, operations plans of the combatant commands, and flexibility for contingency operations, and have—
added
a strategic location that is essential to the defense of the United States and its interests;
added
receivers for boom or probe-and-drogue training opportunities with joint and international partners; and
added
sufficient airfield and airspace availability and capacity to meet requirements; and
added
possess facilities that—
added
take full advantage of existing infrastructure to provide—
added
runway, hangars, and aircrew and maintenance operations; and
added
sufficient fuels receipt, storage, and distribution capacities for a 5-day peacetime operating stock; and
added
minimize overall construction and operational costs.
Sec. 1099B Sense of Congress regarding explosive ordnance disposal
addedadded It is the sense of Congress that—
added
military intelligence programs should be provided additional resources, authorities, and direction with respect to prevention of and response to bombings using explosive ordnance thereby ensuring the safety of the United States and its citizens;
added
additional explosive ordnance disposal intelligence personnel are required to improve the ability of the intelligence community to safeguard the United States;
added
because of increasing use of explosive ordnance, which includes improvised explosive devices, the Secretary of Defense should make it a priority to enhance explosive ordnance disposal intelligence efforts to protect and safeguard the United States; and
added
Congress should work to develop a comprehensive response to the issue of prevention of bombings in recognition of the contributions made by the 122-military explosive ordnance disposal personnel that have died in the line of duty since the attacks on the World Trade Center and the Pentagon.
Sec. 1099C Authorization of appropriations for research on women’s contributions to security
addedadded Of the amounts authorized to be appropriated or otherwise made available for the Department of Defense for fiscal year 2019, $150,000 shall be made available for research on women’s contributions to security at the National Defense University Institute for National Strategic Studies.
Sec. 1099D National strategy for countering violent extremism
addedadded Section 1094(a)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
added
in subparagraph (A)(iv), by inserting “including those led by women or focused on empowering women,” after “groups,”;
added
by redesignating subparagraph (E) as subparagraph (F); and
added
by inserting after subparagraph (D) the following new subparagraph (E):
added “(E) Goals to—
added “(i) support women’s leadership and full participation in preventing and countering violent extremism;
added “(ii) reduce gender barriers to peace and security, such as gender-based violence and its harmful effects on individuals and communities; and
added “(iii) address gender-specific drivers of radicalization and terrorist recruitment strategies.”
Sec. 1099E Inclusion of certain names on the Vietnam Veterans Memorial
addedadded The Secretary of Defense shall provide for the inclusion on the Vietnam Veterans Memorial in the District of Columbia the names of the seventy-four crew members of the USS Frank E. Evans killed on June 3, 1969.
Sec. 1102 Modification of direct hire authority for the Department of Defense for post-secondary students and recent graduates
added
In general— Chapter 99 of title 5, United States Code, as amended by section 1101(a), is further amended by adding at the end the following:
added “9906. Direct hire authority for the Department of Defense for post-secondary students and recent graduates
added “(a) In general—Without regard to sections 3309 through 3318, 3327, and 3330, the Secretary of Defense may recruit and appoint qualified recent graduates and current post-secondary students to competitive service positions in professional and administrative occupations within the Department of Defense.
added “(b) Regulations
added “(1) In general—The Secretary shall administer this section in accordance with regulations prescribed by the Secretary for purposes of this section.
added “(2) Public notice and advertising—To the extent practical, as determined by the Secretary, the Secretary shall publicly advertise positions available under this section. In carrying out the preceding sentence, the Secretary shall—
added “(A) take into account merit system principles, mission requirements, costs, and organizational benefits of any advertising of positions; and
added “(B) advertise such positions in the manner the Secretary determines is most likely to provide diverse and qualified candidates and ensure potential applicants have appropriate information relevant to the positions available.
added “(c) Definitions—In this section—
added “(1) the term “current post-secondary student” means a person who—
added “(A) is currently enrolled in, and in good academic standing at, a full-time program at an institution of higher education;
added “(B) is making satisfactory progress toward receipt of a baccalaureate or graduate degree; and
added “(C) has completed at least one year of the program;
added “(2) the term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
added “(3) the term “recent graduate”, with respect to appointment of a person under this section, means a person who was awarded a degree by an institution of higher education not more than two years before the date of the appointment of such person, except that in the case of a person who has completed a period of obligated service in a uniformed service of more than four years, such term means a person who was awarded a degree by an institution of higher education not more than four years before the date of the appointment of such person.
added “(d) Sunset—Effective on September 30, 2025, the authority provided under this section shall expire.”
removed
Section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—
changed
Clerical amendment— in subsection (b), The table of sections at the beginning of chapter 99 of such title, as amended by striking “15 percent” and section 1101(b), is further amended by inserting “25 percent”; andafter the item relating to section 9905 the following new item:
changed
Repeal— in subsection (d), by striking “September 30, 2021” and inserting “September 30, 2025”.Section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is repealed.
Sec. 1104 One-year extension and expansion of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas
In general— Section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “through 2018” and inserting “through 2019”.
Applicability of aggregate limitation on pay— Section 1101(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615) is amended to read as follows:
“(b) Applicability of aggregate limitation on pay—In applying section 5307 of title 5, United States Code, any payment in addition to basic pay for a period of time during which a waiver under subsection (a) is in effect shall not be counted as part of an employee’s aggregate compensation for the given calendar year.”
changed
Effective date— The This section and the amendments made by this section shall take effect on the date of the enactment of this Act.January 1, 2019.
Sec. 1105 Appointment of retired members of the armed forces to positions in or under the Department of Defense
changed
In general— Section 5711(g) During fiscal years 2018 through 2021, in addition to the authority provided under paragraphs (1) and (2) of subsection (b) of section 3326 of title 5, United States Code, is amended by striking “7 years after and consistent with the date requirements of the enactment such section, a retired member of the Telework Enhancement Act of 2010” and inserting “on December 31, 2020”.armed forces may be appointed under such subsection if—
added
the Department of Defense (including a nonappropriated fund instrumentality under the jurisdiction of the armed forces) has been granted direct hire authority to fill the position;
added
the appointment is to fill an emergency appointment for which the Secretary concerned or his designee for the purpose determines competitive appointment is not appropriate or reasonable due to the need to fill the emergency need as quickly as possible; or
added
the appointment is for a highly qualified expert under section 9903 of such title.
changed
Effective date—Briefing— The amendment made by subsection (a) Not later than 90 days after the end of each of fiscal years 2018 through 2021, the Secretary of Defense shall take effect as though enacted provide a briefing to the Committee on December 1, 2017.Armed Services of the House of Representatives and the Committee on Oversight and Government Reform of the House of Representatives including—
added
with respect to the waiver process under section 3326(b)(1) of title 5, United States Code—
added
the number of individuals appointed during the most recently ended fiscal year under such process; and
added
the Department of Defense’s plan on the use of such process during the fiscal year in which the briefing is provided;
added
the number of individuals—
added
appointed under the authority provided by subsection (a) during the most recently ended fiscal year; and
added
expected to be appointed under such subsection during the fiscal year in which the briefing is provided; and
added
the impact of subsection (a) on the management of the Department civilian workforce during the most recently ended fiscal year.
Sec. 1106 Extension of authority to conduct telework travel expenses test programs
added
In general— Section 5711(g) of title 5, United States Code, is amended by striking “7 years after the date of the enactment of the Telework Enhancement Act of 2010” and inserting “on December 31, 2020”.
removed
Section 4703 of title 5, United States Code, is amended—
changed
Effective date— in subsection (d), The amendment made by striking paragraph (2) and inserting the following:subsection (a) shall take effect as though enacted on December 1, 2017.
removed
“(2)
removed
“(A) Except as provided in subparagraph (B), not more than 10 active demonstration projects may be in effect at any time.
removed
“(B) Any demonstration project authorized under this section that is active for a period greater than 10 years shall not count for purposes of applying the limitation in subparagraph (A).”
removed
by adding at the end the following:
removed
“(j) Each agency at which a demonstration project authorized by this section is ongoing shall submit an annual report to the Office of Personnel Management, the Office and Management and Budget, the Committee on Homeland Security and Governmental Affairs of the United States Senate, and the Committee on Oversight and Government Reform of the United States House of Representatives that includes—
removed
“(1) the aggregate performance appraisal ratings and compensation costs for employees under a demonstration project;
removed
“(2) an assessment of the results of the demonstration project, including its impact on mission goals, employee recruitment, retention, and satisfaction, and which may include the results of the survey authorized under section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 5 U.S.C. 7101 note), commonly referred to as the Federal Employee Viewpoint Survey, and performance management for employees; and
removed
“(3) a comparison of the items listed in (1) and (2) with employees not covered by the demonstration project.”
Sec. 1107 Personnel demonstration projects
added Section 4703 of title 5, United States Code, is amended—
removed
Expanded flexibility— Subchapter I of chapter 33 of title 5, United States Code, is amended by striking sections 3317 and 3318 and inserting the following:
removed
“3317. Competitive service; certification using numerical ratings
removed
“(a) Certification
removed
“(1) In general—The Director of the Office of Personnel Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service.
removed
“(2) Minimum number of names certified—Unless otherwise provided for in regulations prescribed under subsection (c), the number of names certified under paragraph (1) shall be not less than three.
removed
“(b) Discontinuance of certification—When an appointing authority, for reasons considered sufficient by the Director or head of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or head of any agency may discontinue certifying the preference eligible for appointment. The Director or the head of an agency shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification.
removed
“(c) Regulations—The Director shall prescribe regulations for the administration of this section. Such regulations shall include the establishment of mechanisms for identifying the eligibles who will be considered for each vacancy. Such mechanisms may include cut-off scores.
removed
“(d) Definition—In this section, the term “Director” means the Director of the Office of Personnel Management.
removed
“3318. Competitive service; selections using numerical ratings
removed
“(a) In general—An appointing authority shall select for appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, the Director of the Office of Personnel Management or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), for proper and adequate reason under regulations prescribed by the Director.
removed
“(b) Other appointing authorities
removed
“(1) In general—During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the “other appointing authority”) may select an individual from that certificate in accordance with this subsection for an appointment to a position that is—
removed
“(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the “original position”); and
removed
“(B) at a similar grade level as the original position.
removed
“(2) Applicability—An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority.
removed
“(3) Requirements—The selection of an individual under paragraph (1)—
removed
“(A) shall be made in accordance with subsection (a); and
removed
“(B) subject to paragraph (4), may be made without any additional posting under section 3327.
removed
“(4) Internal notice—Before selecting an individual under paragraph (1), the other appointing authority shall—
removed
“(A) provide notice of the available position to employees of the other appointing authority;
removed
“(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and
removed
“(C) review the qualifications of employees submitting an application.
removed
“(c) Pass over
removed
“(1) In general—Subject to subparagraph (2), if an appointing authority proposes to pass over a preference eligible certified for appointment under subsection (a) and select an individual who is not a preference eligible, the appointing authority shall file written reasons with the Director or the head of the agency for passing over the preference eligible. The Director or the head of the agency shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director or the head of the agency shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director or the head of the agency has completed review of the proposed pass-over of the preference eligible, the Director or the head of the agency shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings.
removed
“(2) Preference eligible individuals who have a compensable service-connected disability—In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall notify the Director under paragraph (1) and, at the same time, notify the preference eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address.
removed
“(3) Further consideration not required—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in paragraph (1), by the head of an agency, has been passed over in accordance with this subsection for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
removed
“(4) Delegation prohibition—In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management.
removed
“(d) Special rule regarding reemployment lists—When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (C), (D), (E), (F), or (G) of section 2108(3).
removed
“(e) Consideration not required—In accordance with regulations prescribed by the Director, an appointing officer is not required to consider an eligible who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same position.
removed
“(f) Regulations—The Director shall prescribe regulations for the administration of this section.
removed
“(d) Definition—In this section, the term “Director” means the Director of the Office of Personnel Management.”
changed
Conforming amendments— Such subchapter is further amended—in subsection (d), by striking paragraph (2) and inserting the following:
added “(2)
added “(A) Except as provided in subparagraph (B), not more than 10 active demonstration projects may be in effect at any time.
added “(B) Any demonstration project authorized under this section that is active for a period greater than 10 years shall not count for purposes of applying the limitation in subparagraph (A).”
removed
in section 3319—
removed
by amending the section heading to read as follows:
removed
“3319. Competitive service; selection using category rating”
removed
in subsection (c), by striking paragraph (6), redesignating paragraph (7) as paragraph (6), and amending paragraph (6) (as so redesignated) to read as follows:
removed
“(6) Preference eligibles
removed
“(A) Satisfaction of certain requirements—Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of sections 3317(b) and 3318(c), as applicable, are satisfied.
removed
“(B) Further consideration not required—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in section 3318(c)(1), by the head of an agency, has been passed over in accordance with section 3318(c) for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
removed
“(C) List of eligibles issued from a standing register; discontinuation of certification—In the case of lists of eligibles issued from a standing register, when an appointing authority, for reasons considered sufficient by the Director or the head of an agency, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification in accordance with regulations prescribed by the Director.”
removed
in the first sentence of section 3320, by striking “sections 3308–3318” and inserting “sections 3308 through 3319”.
changed
Clerical amendment— The table of sections at the beginning of such chapter is amended by striking adding at the items relating to sections 3317, 3318, and 3319 and inserting end the following:
added “(j) Each agency at which a demonstration project is ongoing shall submit an annual report to the Office of Personnel Management, the Office and Management and Budget, the Committee on Homeland Security and Governmental Affairs of the United States Senate, and the Committee on Oversight and Government Reform of the United States House of Representatives that includes—
added “(1) the aggregate performance appraisal ratings and compensation costs for employees under a demonstration project;
added “(2) an assessment of the results of the demonstration project, including its impact on mission goals, employee recruitment, retention, and satisfaction, and which may include the results of the survey authorized under section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 5 U.S.C. 7101 note), commonly referred to as the Federal Employee Viewpoint Survey, and performance management for employees; and
added “(3) a comparison of the items listed in (1) and (2) with employees not covered by the demonstration project.”
removed
Effective date—
removed
In general— The amendments made by this section shall take effect on the date on which the Director of the Office of Personnel Management issues final regulations to implement sections 3317, 3318, and 3319 of title 5, United States Code, as amended or added by this section.
removed
Regulations required— The Director shall issue regulations under paragraph (1) not later than one year after the date of enactment of this section.
Sec. 1108 Expanded flexibility in selecting candidates from referral lists
changed
In general—Expanded flexibility— Subchapter I of chapter 31 33 of title 5, United States Code, is amended by adding at the end striking sections 3317 and 3318 and inserting the following:
changed
“3115. Expedited hiring authority for college graduates; competitive service“3317. Competitive service; certification using numerical ratings
changed
“(a) Definitions—In this section:Certification
changed
“(1) Director—The term “Director” means the In general—The Director of the Office of Personnel Management.Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service.
changed
“(2) Institution of higher education—The term “institution Minimum number of higher education” has the meaning given the term names certified—Unless otherwise provided for in section 101(a) of regulations prescribed under subsection (c), the Higher Education Act number of 1965 (20 U.S.C. 1001(a)).names certified under paragraph (1) shall be not less than three.
changed
“(b) AppointmentDiscontinuance of certification—When an appointing authority, for reasons considered sufficient by the Director or head of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or head of any agency may discontinue certifying the preference eligible for appointment. The Director or the head of an agency shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification.
changed
“(1) In general—The head of an agency may appoint, without regard to any provision “(c) Regulations—The Director shall prescribe regulations for the administration of sections 3309 through 3319 and 3330, a qualified individual to a position in this section. Such regulations shall include the competitive service classified in a professional or administrative occupational category at establishment of mechanisms for identifying the GS–11 level, or an equivalent level, or below.eligibles who will be considered for each vacancy. Such mechanisms may include cut-off scores.
changed
“(2) Restrictions—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by “(d) Definition—In this section, the Director.term “Director” means the Director of the Office of Personnel Management.
changed
“(c) Qualifications for appointment—The head of an agency may make an appointment under subsection (b) only if the individual being appointed—“3318. Competitive service; selections using numerical ratings
changed
“(1) has received “(a) In general—An appointing authority shall select for appointment from the eligibles certified for appointment on a baccalaureate certificate furnished under section 3317(a), unless objection to one or graduate degree from an institution more of higher education;the individuals certified is made to, and sustained by, the Director of the Office of Personnel Management or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), for proper and adequate reason under regulations prescribed by the Director.
changed
“(2) applies for the position—“(b) Other Appointing authorities
changed
“(A) not later than 2 years after “(1) In general—During the date 240-day period beginning on which the individual being appointed received date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the degree described appointing authority requesting the certificate (in this subsection referred to as the “other appointing authority”) may select an individual from that certificate in paragraph (1); oraccordance with this subsection for an appointment to a position that is—
changed
“(B) “(A) in the case of an individual who has completed a period of not less than 4 years of obligated service in a uniformed service, not later than 2 years after same occupational series as the date of position for which the discharge or release certification of eligibles was issued (in this subsection referred to as the individual from that service; “original position”); and
changed
“(3) meets each minimum qualification standard prescribed by the Director for the position to which “(B) at a similar grade level as the individual is being appointed.original position.
changed
“(d) Public “(2) Applicability—An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice and advertisingthat the resulting list of eligible candidates may be used by another appointing authority.
changed
“(1) In general—The head “(3) Requirements—The selection of an agency making an appointment under subsection (b) shall publicly advertise positions individual under this section.paragraph (1)—
changed
“(2) Requirements—In carrying out paragraph (1), the head of an agency shall—“(A) shall be made in accordance with subsection (a); and
changed
“(A) adhere “(B) subject to merit system principles;paragraph (4), may be made without any additional posting under section 3327.
changed
“(B) advertise positions in a manner that provides for diverse and qualified applicants; and“(4) Internal notice—Before selecting an individual under paragraph (1), the other appointing authority shall—
changed
“(C) ensure potential applicants have appropriate information relevant “(A) provide notice of the available position to employees of the positions available.other appointing authority;
changed
“(e) Limitation on appointments“(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and
changed
“(1) In general—Except as provided in paragraph (2), “(C) review the total number qualifications of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or submitting an equivalent level, or below, under a competitive examining procedure.application.
changed
“(2) Exceptions—Under a regulation prescribed under subsection (f), the Director may establish a lower limit on the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.“(c) Pass over
changed
“(f) Regulations—Not later than 180 days after “(1) In general—Subject to subparagraph (2), if an appointing authority proposes to pass over a preference eligible certified for appointment under subsection (a) and select an individual who is not a preference eligible, the date appointing authority shall file written reasons with the Director or the head of enactment the agency for passing over the preference eligible. The Director or the head of this section, the agency shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director or the head of the agency shall issue interim regulations, with an opportunity for comment, for determine the administration sufficiency or insufficiency of this section.the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director or the head of the agency has completed review of the proposed pass-over of the preference eligible, the Director or the head of the agency shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings.
changed
“(g) Reporting“(2) Preference eligible individuals who have a compensable service-connected disability—In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall notify the Director under paragraph (1) and, at the same time, notify the preference eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address.
changed
“(1) In general—Not later than September 30 of each of “(3) Further consideration not required—When a preference eligible, for reasons considered sufficient by the first 3 fiscal years beginning after Director, or in the date of enactment case of this section, a preference eligible described in paragraph (1), by the head of an agency that makes an appointment under agency, has been passed over in accordance with this section shall submit subsection for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a report to—subsequent appointment to such position.
changed
“(A) Congress that assesses “(4) Delegation prohibition—In the impact case of a preference eligible described in paragraph (2), the use functions of the authority provided Director under this section during the fiscal year in which the report subsection may not be delegated to an individual who is submitted; andnot an officer or employee of the Office of Personnel Management.
changed
“(B) the Director that contains data that “(d) Special rule regarding reemployment lists—When the Director considers necessary names of preference eligibles are on a reemployment list appropriate for the Director position to assess the impact and effectiveness of the be filled, an appointing authority described in may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (A).(C), (D), (E), (F), or (G) of section 2108(3).
changed
“(2) Content—The head of “(e) Consideration not required—In accordance with regulations prescribed by the Director, an agency shall include in each report under paragraph (1)—appointing officer is not required to consider an eligible who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same position.
changed
“(A) “(f) Regulations—The Director shall prescribe regulations for the total number administration of individuals appointed by the agency under this section, as well as the number of such individuals who are—section.
changed
“(i) minorities or members “(d) Definition—In this section, the term “Director” means the Director of other underrepresented groups; orthe Office of Personnel Management.”
removed
“(ii) veterans;
removed
“(B) recruitment sources;
removed
“(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below; and
removed
“(D) any additional data specified by the Director.
removed
“(h) Special provision regarding the department of defense
removed
“(1) Authority—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
removed
“(2) Regulations—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.
removed
“3116. Expedited hiring authority for post-secondary students; competitive service
removed
“(a) Definitions—In this section:
removed
“(1) Director—The term “Director” means the Director of the Office of Personnel Management.
removed
“(2) Institution of higher education—The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
removed
“(3) Student—The term “student” means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
removed
“(b) Appointment
removed
“(1) In general—The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified.
removed
“(2) Restrictions—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
removed
“(c) Public notice
removed
“(1) In general—The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.
removed
“(2) Requirements—In carrying out paragraph (1), the head of an agency shall—
removed
“(A) adhere to merit system principles;
removed
“(B) advertise positions in a manner that provides for diverse and qualified applicants; and
removed
“(C) ensure potential applicants have appropriate information relevant to the positions available.
removed
“(d) Limitation on appointments
removed
“(1) In general—Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below.
removed
“(2) Exceptions—Under a regulation prescribed under subsection (g), the Director may establish a lower limit on the number of students that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
removed
“(e) Conversion—The head of an agency may, without regard to any provision of chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the competitive service within the agency without further competition if the student—
removed
“(1) has completed the course of study leading to the baccalaureate or graduate degree;
removed
“(2) has completed not less than 640 hours of current continuous employment in an appointment under subsection (b); and
removed
“(3) meets the qualification standards for the position to which the student will be converted.
removed
“(f) Termination—The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student appointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under subsection (e).
removed
“(g) Regulations—Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
removed
“(h) Reporting
removed
“(1) In general—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to—
removed
“(A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and
removed
“(B) the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).
removed
“(2) Content—The head of an agency shall include in each report under paragraph (1)—
removed
“(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
removed
“(i) minorities or members of other underrepresented groups; or
removed
“(ii) veterans;
removed
“(B) recruitment sources;
removed
“(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below; and
removed
“(D) any additional data specified by the Director.
removed
“(i) Special provision regarding the Department of Defense
removed
“(1) Authority—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a post-secondary student under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
removed
“(2) Regulations—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.”
changed
Table of sections amendment—Conforming amendments— The table of sections for Such subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:further amended—
added
in section 3319—
added
by amending the section heading to read as follows:
added “3319. Competitive service; selection using category rating”
added
in subsection (c), by striking paragraph (6), redesignating paragraph (7) as paragraph (6), and amending paragraph (6) (as so redesignated) to read as follows:
added “(6) Preference eligibles
added “(A) Satisfaction of certain requirements—Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of sections 3317(b) and 3318(c), as applicable, are satisfied.
added “(B) Further consideration not required—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in section 3318(c)(1), by the head of an agency, has been passed over in accordance with section 3318(c) for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
added “(C) List of eligibles issued from a standing register; discontinuation of certification—In the case of lists of eligibles issued from a standing register, when an appointing authority, for reasons considered sufficient by the Director or the head of an agency, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification in accordance with regulations prescribed by the Director.”
added
in the first sentence of section 3320, by striking “sections 3308–3318” and inserting “sections 3308 through 3319”.
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by striking the items relating to sections 3317, 3318, and 3319 and inserting the following:
added
Effective Date—
added
In general— The amendments made by this section shall take effect on the date on which the Director of the Office of Personnel Management issues final regulations to implement sections 3317, 3318, and 3319 of title 5, United States Code, as amended or added by this section.
added
Regulations required— The Director shall issue regulations under paragraph (1) not later than one year after the date of enactment of this section.
Sec. 1109 Temporary and term appointments in the competitive service
changed
Temporary inapplicability—and term appointments— Notwithstanding section 3393(c) Subchapter I of chapter 31 of title 5, United States Code, or any regulations implementing that section, and subject to the provisions of this section, the Secretary of Defense may appoint individuals for service in the Senior Executive Service of the Department of Defense without such individuals being subject to the certification of executive qualifications is amended by a qualification review board of adding at the Office of Personnel Management in connection with such appointment otherwise required by that section.end the following:
added “3115. Temporary and term appointments
added “(a) Definitions—In this section:
added “(1) Director—The term “Director” means the Director of the Office of Personnel Management.
added “(2) Temporary appointment—The term “temporary appointment” means an appointment in the competitive service for a period of not more than 1 year.
added “(3) Term appointment—The term “term appointment” means an appointment in the competitive service for a period of more than 1 year and not more than 5 years.
added “(b) Appointment
added “(1) In general—The head of an Executive agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of the employee services is not permanent.
added “(2) Extension—Under conditions prescribed by the Director, the head of an Executive agency may—
added “(A) extend a temporary appointment made under paragraph (1) in increments of not more than 1 year, up to a maximum of 3 total years of service; and
added “(B) extend a term appointment made under paragraph (1) in increments determined appropriate by the head of the Executive agency, up to a maximum of 6 total years of service.
added “(c) Appointments for critical hiring needs—Under conditions prescribed by the Director, the head of an Executive agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, without regard to the requirements of sections 3327 and 3330. An appointment made under this subsection may not be extended.
added “(d) Regulations—The Director may prescribe regulations to carry out this section, but is not required to promulgate regulations prior to implementation of this section.
added “(e) Special provision regarding the department of defense—Nothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114–328; 130 Stat. 2447), and any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under such section 1105.”
changed
Qualifications of individuals appointed—Clerical amendment— The Secretary shall ensure that individuals appointed under this section possess the necessary qualifications and experience table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the position item relating to which appointed.section 3114 the following:
removed
Limitation— The total number of appointments made under this section in any year may not exceed 50 appointments.
removed
Reports—
removed
Initial report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the committees of Congress and official specified in paragraph (3) a report on the number and type of appointments made under this section as of the date of the report, including—
removed
a description of the qualifications of the individuals appointed; and
removed
data on the time required to appoint the individuals.
removed
Final report— Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the committees of Congress and official specified in paragraph (3) a report on the use of the authority in this section. The report shall include the following:
removed
The number and type of appointments made under this section during the one-year period ending on the date of the report.
removed
Data on and an assessment whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the current review system of the Office of Personnel Management.
removed
An assessment of the utility of the appointment authority and process under this section.
removed
An assessment whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced under the current review system of the Office of Personnel Management.
removed
Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service.
removed
Committees of congress and official— The committees of Congress and official specified in this paragraph are—
removed
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate;
removed
the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives; and
removed
the Director of the Office of Personnel Management.
removed
Sunset— Subsection (a) shall cease to be effective on the date that is two years after the date of the enactment of this Act.
Sec. 1110 Expedited hiring authority for college graduates and post-secondary students
changed
Report—In General— The Secretary Subchapter I of Defense shall develop and submit a report to the congressional defense committees detailing activities to increase engagement with covered educational institutions (as that term is defined in section 2362(e) chapter 31 of title 10, 5, United States Code) for the purpose of increasing the number of graduates of such institutions to accept positions in Department of Defense Science, Technology, Engineering, and Mathematics-related positions important to Code, is amended by adding at the national security functions of end the Department.following:
added “3115. Expedited hiring authority for college graduates; competitive service
added “(a) Definitions—In this section:
added “(1) Director—The term Director means the Director of the Office of Personnel Management.
added “(2) Institution of higher education—The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
added “(b) Appointment
added “(1) In general—The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below.
added “(2) Restrictions—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
added “(c) Qualifications for appointment—The head of an agency may make an appointment under subsection (b) only if the individual being appointed—
added “(1) has received a baccalaureate or graduate degree from an institution of higher education;
added “(2) applies for the position—
added “(A) not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or
added “(B) in the case of an individual who has completed a period of not less than 4 years of obligated service in a uniformed service, not later than 2 years after the date of the discharge or release of the individual from that service; and
added “(3) meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.
added “(d) Public notice and advertising
added “(1) In general—The head of an agency making an appointment under subsection (b) shall publicly advertise positions under this section.
added “(2) Requirements—In carrying out paragraph (1), the head of an agency shall—
added “(A) adhere to merit system principles;
added “(B) advertise positions in a manner that provides for diverse and qualified applicants; and
added “(C) ensure potential applicants have appropriate information relevant to the positions available.
added “(e) Limitation on appointments
added “(1) In general—Except as provided in paragraph (2), the total number of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure.
added “(2) Exceptions—Under a regulation prescribed under subsection (f), the Director may establish a lower limit on the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
added “(f) Regulations—Not later than 180 days after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
added “(g) Reporting
added “(1) In general—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the head of an agency that makes an appointment under this section shall submit to Congress a report assessing the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted.
added “(1) In general—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the head of an agency that makes an appointment under this section shall submit a report to—
added “(A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and
added “(B) the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).
added “(2) Content—The head of an agency shall include in each report under paragraph (1)—
added “(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
added “(i) minorities or members of other underrepresented groups; or
added “(ii) veterans;
added “(B) recruitment sources;
added “(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below; and
added “(D) any additional data specified by the Director.
added “(h) Special provision regarding the Department of Defense
added “(1) Authority—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
added “(2) Regulations—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.
added “3116. Expedited hiring authority for post-secondary students; competitive service
added “(a) Definitions—In this section:
added “(1) Director—The term Director means the Director of the Office of Personnel Management.
added “(2) Institution of higher education—The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
added “(3) Student—The term student means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
added “(b) Appointment
added “(1) In general—The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified.
added “(2) Restrictions—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
added “(c) Public notice
added “(1) In general—The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.
added “(2) Requirements—In carrying out paragraph (1), the head of an agency shall—
added “(A) adhere to merit system principles;
added “(B) advertise positions in a manner that provides for diverse and qualified applicants; and
added “(C) ensure potential applicants have appropriate information relevant to the positions available.
added “(d) Limitation on appointments
added “(1) In general—Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below.
added “(2) Exceptions—Under a regulation prescribed under subsection (g), the Director may establish a lower limit on the number of students that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
added “(e) Conversion—The head of an agency may, without regard to any provision of chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the competitive service within the agency without further competition if the student—
added “(1) has completed the course of study leading to the baccalaureate or graduate degree;
added “(2) has completed not less than 640 hours of current continuous employment in an appointment under subsection (b); and
added “(3) meets the qualification standards for the position to which the student will be converted.
added “(f) Termination—The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student appointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under subsection (e).
added “(g) Regulations—Not later than 180 days after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
added “(h) Reporting
added “(1) In general—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the head of an agency that makes an appointment under this section shall submit a report to—
added “(A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and
added “(B) the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).
added “(2) Content—The head of an agency shall include in each report under paragraph (1)—
added “(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
added “(i) minorities or members of other underrepresented groups; or
added “(ii) veterans;
added “(B) recruitment sources;
added “(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below; and
added “(D) any additional data specified by the Director.
added “(i) Special provision regarding the Department of Defense
added “(1) Authority—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a post-secondary student under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
added “(2) Regulations—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.”
changed
Development—Table of sections amendments— The report required under subsection (a) shall be developed jointly by the Under Secretary table of Defense sections for Research and Engineering and the Under Secretary subchapter I of Defense for Personnel and Readiness, in consultation with all appropriate officials in chapter 31 of title 5, United States Code, is amended by adding at the Department and relevant interagency, academic, and private sector entities.end the following:
removed
Contents— The report required under subsection (a) shall identify—
removed
metrics to assess engagement with covered educational institution students, including scholarships, fellowships, internships and co-ops, and specific steps to improve performance relative to those metrics;
removed
specific outreach activities to better engage covered educational institution students on Department of Defense Science, Technology, Engineering, and Mathematics employment opportunities; and
removed
metrics on hiring of covered educational institution graduates in Science, Technology, Engineering, and Mathematics-related positions and plans to increase such hiring.
removed
Considerations— In developing the report required under subsection (a), the Secretary of Defense shall assess the use of the authorities provided under section 2358a of title 10, United States Code, in engagements with covered educational institutions.
Sec. 1111 Presidential allowance modernization
changed
In general—Former Presidents— Subsection (a) of The first section 1599h of title 10, United States Code, is amended by adding at the end Act entitled “An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the following new paragraphs:United States, and for other purposes”, approved August 25, 1958 (commonly known as the Former Presidents Act of 1958) (3 U.S.C. 102 note), is amended—
added
by redesignating subsections (f) and (g) as subsections (h) and (i), respectively;
added
by striking the matter preceding subsection (e) and inserting the following:
added “(a) Annuities and allowances
added “(1) Annuity—Each former President shall be entitled to receive from the United States an annuity, subject to subsections (b) and (c)—
added “(A) at the rate of $200,000 per year; and
added “(B) which shall commence on the day after the date on which an individual becomes a former President.
added “(2) Allowance—The General Services Administration is authorized to provide each former President a monetary allowance, subject to appropriations and subsections (b), (c), and (d), at the rate of—
added “(A) $500,000 per year for 5 years beginning on the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note);
added “(B) $350,000 per year for the 5 years following the 5-year period under subparagraph (A); and
added “(C) $250,000 per year thereafter.
added “(b) Duration; frequency
added “(1) In general—The annuity and monetary allowance under subsection (a) shall—
added “(A) terminate on the date that is 30 days after the date on which the former President dies; and
added “(B) be payable by the Secretary of the Treasury on a monthly basis.
added “(2) Appointive or elective positions—The annuity and monetary allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate.
added “(c) Cost-of-Living increases—Effective December 1 of each year, each annuity and monetary allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)).
added “(d) Limitation on monetary allowance
added “(1) In general—Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period—
added “(A) except as provided in subparagraph (B), may not exceed the amount by which—
added “(i) the monetary allowance that (but for this subsection) would otherwise be so payable for the 12-month period, exceeds (if at all)
added “(ii) the applicable reduction amount for the 12-month period; and
added “(B) shall not be less than the amount determined under paragraph (4).
added “(2) Definition
added “(A) In general—For purposes of paragraph (1), the term applicable reduction amount means, with respect to any former President and in connection with any 12-month period, the amount by which—
added “(i) the earned income (as defined in section 32(c)(2) of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available, exceeds (if at all)
added “(ii) $400,000, subject to subparagraph (C).
added “(B) Joint returns—In the case of a joint return, subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President.
added “(C) Cost-of-living increases—The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection).
added “(3) Disclosure requirement
added “(A) Definitions—In this paragraph—
added “(i) the terms return and return information have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and
added “(ii) the term Secretary means the Secretary of the Treasury or the Secretary of the Treasury's delegate.
added “(B) Requirement—A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection.
added “(C) Confidentiality—Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)—
added “(i) disclose the return or return information to any entity or person; or
added “(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2).
added “(4) Increased costs due to security needs—With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the monetary allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.”
added
by inserting after subsection (e) the following:
added “(f) Office staff
added “(1) In general—The Administrator of General Services shall, without regard to the civil service and classification laws, provide for each former President an office staff of not more than 13 individuals, at the request of the former President, on a reimbursable basis.
added “(2) Compensation—The annual rate of compensation payable to any individual under paragraph (1) shall not exceed the highest annual rate of basic pay for positions at level II of the Executive Schedule under section 5313 of title 5, United States Code.
added “(3) Selection; responsibility—An individual employed under this subsection—
added “(A) shall be selected by the former President; and
added “(B) shall be responsible only to the former President for the performance of duties.
added “(g) Office space and related furnishings and equipment
added “(1) Office space—The Administrator of General Services (referred to in this subsection as the Administrator) shall, at the request of a former President, on a reimbursable basis provide for the former President suitable office space, as determined by the Administrator, at a place within the United States specified by the former President.
added “(2) Furnishings and equipment
added “(A) Reimbursable—The Administrator may, at the request of a former President, provide the former President with suitable office furnishings and equipment on a reimbursable basis.
added “(B) Without reimbursement
added “(i) Grandfathered former Presidents—In the case of any individual who is a former President on the date of enactment of the Presidential Allowance Modernization Act of 2017, the former President may retain without reimbursement any furniture and equipment in the possession of the former President.
added “(ii) Presidential Transition Act—A former President may retain without reimbursement any furniture or equipment acquired under section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).
added “(iii) Excess furniture and equipment—The Administrator may provide excess furniture and equipment to the office of a former President at no cost other than necessary transportation costs.”
added
by adding at the end the following:
added “(j) Applicability—Subsections (f), (g) (other than paragraph (2)(B)(i) of that subsection), and (i) shall apply with respect to a former President on and after the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).”
added
Surviving spouses of former Presidents—
added
Increase in amount of monetary allowance— Subsection (e) of the first section of the Former Presidents Act of 1958 is amended—
added
in the first sentence, by striking “$20,000 per annum,” and inserting “$100,000 per year (subject to paragraph (4)),”; and
added
in the second sentence—
added
in paragraph (2), by striking “and” at the end;
added
in paragraph (3)—
added
by striking “or the government of the District of Columbia”; and
added
by striking the period and inserting “; and”; and
added
by inserting after paragraph (3) the following:
added “(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c).”
removed
“(4) Strategic capabilities office—The Director of the Strategic Capabilities Office may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office.
removed
“(5) Diux—The Director of the Defense Innovation Unit Experimental may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Unit.”
removed
Scope of appointment authority— Subsection (b)(1) of such section is amended—
changed
Coverage of widower of a former President— in subparagraph (B), by striking “and” at Subsection (e) of the end; andfirst section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended—
added
by striking “widow” each place it appears and inserting “widow or widower”; and
added
by striking “she” and inserting “she or he”.
removed
by adding at the end the following new subparagraphs:
removed
“(D) in the case of the Strategic Capabilities Office, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Office; and
removed
“(E) in the case of the Defense Innovation Unit Experimental, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Unit;”
changed
Extension of terms of appointment—Subsection headings— Subsection (c)(2) of such The first section is amended by striking “or the Office of Operational Test and Evaluation” and inserting “the Office of Operational Test and Evaluation, the Strategic Capabilities Office, or the Defense Innovation Unit Experimental”.Former Presidents Act of 1958 is amended—
added
in subsection (e), by inserting after the subsection enumerator the following: “Widows and widowers.—”;
added
in subsection (h) (as redesignated by subsection (a)(1)), by inserting after the subsection enumerator the following: “Definition.—”; and
added
in subsection (i) (as redesignated by subsection (a)(1)), by inserting after the subsection enumerator the following: “Authorization of appropriations.—”.
added
Conforming amendments—
added
Title 5— Subpart G of part III of title 5, United States Code, is amended—
added
in section 8101(1)(E), by striking “1(b)” and inserting “1(f)”;
added
in section 8331(1)(I), by striking “1(b)” and inserting “1(f)”;
added
in section 8701(a)(9), by striking “1(b)” and inserting “1(f)”; and
added
in section 8901(1)(H) by striking “1(b)” and inserting “1(f)”.
added
Presidential Transition Act of 1963— Section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended by striking the last sentence.
added
Rule of construction— Nothing in this section or an amendment made by this section shall be construed to affect—
added
any provision of law relating to the security or protection of a former President or a member of the family of a former President;
added
funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1); or
added
funding for any office space lease in effect on the day before the date of enactment of this Act under subsection (c) of the first section of the Former Presidents Act of 1958 (as in effect on the day before the date of enactment of this Act) until the expiration date contained in the lease, if the lease was submitted to the Committee on Oversight and Government Reform of the House of Representatives on April 12, 2017.
added
Transition rules—
added
Former Presidents— In the case of any individual who is a former President on the date of enactment of this Act, the amendments made by subsection (a) shall be applied as if the commencement date referred in subsections (a)(1)(B) and (a)(2)(A) of the first section of the Former Presidents Act of 1958, as amended by subsection (a), coincided with the date that is 180 days after the date of enactment of this Act.
added
Widows— In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by subsection (b)(1) shall be applied as if the commencement date referred to in subsection (e)(1) of the first section of the Former Presidents Act of 1958, as amended by subsection (b)(1), coincided with the date that is 180 days after the date of enactment of this Act.
added
Applicability— For a former President receiving a monetary allowance under the Former Presidents Act of 1958 on the day before the date of enactment of this Act, the limitation under subsection (d)(1) of the first section of that Act, as amended by subsection (a), shall apply to the monetary allowance of the former President, except to the extent that the application of the limitation would prevent the former President from being able to pay the cost of a lease or other contract that is in effect on the day before the date of enactment of this Act and under which the former President makes payments using the monetary allowance, as determined by the Administrator of General Services.
Sec. 1112 Reporting requirement
changed
Enhancement of noncompetitive conversions of appointments of students enrolled in scientific and engineering programs—In general— Section 2358a(a)(4) 7131 of title 10, 5, United States Code, is amended—amended by adding at the end the following:
added “(e)
added “(1)
added “(A) Not later than March 31 of each calendar year, the Office of Personnel Management, in consultation with the Office of Management and Budget, shall submit to each House of Congress a report on the operation of this section during the fiscal year last ending before the start of such calendar year.
added “(B) Not later than December 31 of each calendar year, each agency (as defined by section 7103(a)(3)) shall furnish to the Office of Personnel Management the information which such Office requires, with respect to such agency, for purposes of the report which is next due under subparagraph (A).
added “(2) Each report by the Office of Personnel Management under this subsection shall include, with respect to the fiscal year described in paragraph (1)(A), at least the following information:
added “(A) The total amount of official time granted to employees.
added “(B) The average amount of official time expended per bargaining unit employee.
added “(C) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on agency operations.
added “(D) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time.
added “(E) The total amount of compensation (including fringe benefits) afforded to employees in connection with activities or purposes for which they were granted official time.
added “(F) The total amount of official time spent by employees representing Federal employees who are not union members in matters authorized by this chapter.
added “(G) A description of any room or space designated at the agency (or its subcomponent) where official time activities will be conducted, including the square footage of any such room or space.
added “(3) All information included in a report by the Office of Personnel Management under this subsection with respect to a fiscal year—
added “(A) shall be shown both agency-by-agency and for all agencies; and
added “(B) shall be accompanied by the corresponding information (submitted by the Office in its report under this subsection) for the fiscal year before the fiscal year to which such report pertains, together with appropriate comparisons and analyses.
added “(4) For purposes of this subsection, the term official time means any period of time, regardless of agency nomenclature—
added “(A) which may be granted to an employee under this chapter (including a collective bargaining agreement entered into under this chapter) to perform representational or consultative functions; and
added “(B) during which the employee would otherwise be in a duty status.”
removed
in the paragraph heading, by striking “TO PERMANENT APPOINTMENT” and inserting “OF APPOINTMENTS”; and
removed
by striking “to a permanent appointment” and inserting “to another temporary appointment or to a term or permanent appointment”.
changed
Enhancement of pilot program on dynamic shaping of workforce technical skills and expertise—Applicability— Section 1109(b)(1)(A) of The amendment made by subsection (a) shall be effective beginning with the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1028; 10 U.S.C. 2358 note) report which, under the provisions of such amendment, is amended first required to be submitted by striking “to appoint” and all that follows and insertingthe Office of Personnel Management to each House of Congress by a date which occurs at least 6 months after the date of the enactment of this Act.
removed
“(i) Appointment of qualified scientific and technical personnel who are not current Department of Defense civilian employees into any scientific or technical position in the laboratory for a period of more than one year but not more than six years.
removed
“(ii) Appointment of qualified scientific and technical personnel who are Department civilian employees in term appointments into any scientific or technical position in the laboratory for a period of more than one year but not more than six years.”
Sec. 1113 Inclusion of Office of Secretary of Defense among components of the Department of Defense covered by direct hire authority for financial management experts
removed
removed
Section 1110(f) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended—
removed
by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; and
removed
by inserting before paragraph (2) the following new paragraph (1):
removed
“(1) The Office of the Secretary of Defense.”
Sec. 1114 Alcohol testing of civil service mariners of the Military Sealift Command assigned to vessels
removed
removed
Alcohol testing— Chapter 643 of title 10, United States Code, is amended by inserting after section 7479 the following new section:
removed
“7479a. Civil service mariners of military sealift command: alcohol testing
removed
“The Secretary of the Navy may prescribe regulations establishing a program to conduct on-duty reasonable suspicion alcohol testing and post-accident alcohol testing of civil service mariners of the Military Sealift Command who are assigned to vessels.”
removed
Release of alcohol test results—
removed
In general— Section 7479 of such title is amended—
removed
in the heading of subsection (a), by inserting “Or Alcohol” after “Drug”; and
removed
by inserting “or alcohol” after “drug” each place it appears.
removed
Heading amendment— The heading of such section is amended to read as follows:
removed
“7479. Civil service mariners of military sealift command: release of drug and alcohol test results to coast guard”
removed
Table of sections amendment— The table of sections at the beginning of chapter 643 of such title is amended by striking the item relating to section 7479 and inserting the following new items:
Sec. 1115 One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone
removed
removed
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and most recently amended by section 1108 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “2019” and inserting “2020”.
Sec. 1201 Report on the use of security cooperation authorities
added
Sense of Congress— It is the sense of Congress that the Secretary of Defense should utilize appropriate security cooperation authorities to counter malign influence campaigns that are directed at allied and partner countries and that pose a significant threat to the national security of the United States.
added
Report on funding— The Secretary of Defense shall include with the consolidated budget materials submitted to Congress as required by section 381 of title 10, United States Code, for fiscal year 2020, and for each subsequent fiscal year through fiscal year 2025, a report on the use of security cooperation funding to counter the malign influence directed at allied and partner countries and that pose a significant threat to the national security of the United States.
removed
Section 333(b)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: “In developing and planning a program to build the capacity of the national security forces of a foreign country under subsection (a), the Secretary of Defense and Secretary of State should jointly consider political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impact the effectiveness of the program.”.
Sec. 1202 Clarification of authority to waive certain expenses for activities of the Regional Centers for Security Studies
changed
Section 332(b) 342 of title 10, United States Code, is amended—
changed
in paragraph (1), by striking “assign civilian employees of the Department of Defense and members of the armed forces as advisors or trainers” and inserting “provide advisors or trainers”; andsubsection (f)(3)—
added
in subparagraph (A) in the first sentence, by inserting “, including travel, transportation, and subsistence expenses,” after “activities of the Regional Centers”; and
added
in subparagraph (B)(i), by inserting “, including travel, transportation, and subsistence expenses,” after “activities of the Regional Centers”;
changed
in paragraph (2)(B)—subsection (h)(3)(A), by inserting “, including travel, transportation, and subsistence expenses,” after “Marshall Center”; and
added
in subsection (i)(1), by inserting “, including travel, transportation, and subsistence expenses,” after “Daniel K. Inouye Center for Security Studies”.
removed
by striking “assigned” each place it appears (other than the last place) and inserting “provided”;
removed
by striking “assigned advisor or trainer” and inserting “advisor or trainer so provided”; and
removed
by striking “each assignment” and inserting “each provision of such an advisor or trainer”.
Sec. 1203 NATO Strategic Communications Center of Excellence
changed
Amendments to definition of small-Scale construction—Authorization— Section 301(8) The Secretary of title 10, United States Code, is amended by striking “$750,000” and inserting “$1,500,000”.Defense shall provide funds for the NATO Strategic Communications Center of Excellence (in this section referred to as the “Center”) to—
added
enhance the ability of military forces and civilian personnel of the countries participating in the Center to engage in joint strategic communications exercises or coalition or international military operations; and
added
improve interoperability between the armed forces and the military forces of friendly foreign nations in the areas of strategic communications.
changed
Additional notification required for certain authorized support types—Certification— Section 331(c)(5) of such title is amended by adding at the end Not later than 180 days after the following new sentence: “In date of the case enactment of support provided under this paragraph that results in Act, the provision Secretary of small-scale construction above $750,000, the notification pursuant to subsection (b)(2) Defense shall include certify to the location, project title, and cost Committees on Armed Services of each such small-scale construction project the House of Representatives and the Senate that will be carried out, a the Secretary has assigned executive agent responsibility for the Center to an appropriate organization within the Department of Defense Form 1391 for each such project, Defense, and a masterplan detail the steps being undertaken to strengthen the role of planned infrastructure investments at the location.”Center in fostering strategic communications and information operations within NATO.
changed
Additional notification required for certain authorized activities To build capacity—Briefing requirement— Section 333 The Secretary of such title is amended—Defense shall periodically brief the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives on the efforts of the Department of Defense to strengthen the role of the Center in fostering strategic communications and information operations within NATO.
removed
in subsection (c)(1), by inserting “supporting security cooperation programs under this section” after “small-scale construction”; and
removed
in subsection (e), by adding at the end the following:
removed
“(8) In the case of activities under a program that results in the provision of small-scale construction above $750,000, the location, project title, and cost of each small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location over the next 5 years.”
Sec. 1204 NATO Cooperative Cyber Defense Center of Excellence
changed
Chapter references—Authorization— The following provisions Secretary of law are amended by striking “chapter 15” and inserting “chapter 13”:Defense shall provide funds for the NATO Cooperative Cyber Defense Center of Excellence (in this section referred to as the “Center”) to—
changed
Section 886(a)(5) of enhance the Homeland Security Act ability of 2002 (6 U.S.C. 466(a)(5)).military forces and civilian personnel of the countries participating in the Center to engage in joint cyber exercises or coalition or international military operations; and
changed
Section 332(a)(1) improve interoperability between the armed forces and the military forces of friendly foreign countries in the Consolidated Farm areas of cyber and Rural Development Act (7 U.S.C. 1982(a)(1)).cybersecurity.
added
Certification— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate that the Secretary has assigned executive agent responsibilities for the Center to an appropriate organization within the Department of Defense, and detail the steps being undertaken to strengthen the role of the Center in fostering cyber defense and cyber warfare capabilities within NATO.
added
Briefing requirement— The Secretary of Defense shall periodically brief the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives on the efforts of the Department of Defense to strengthen the role of the Center in fostering cyber defense and cyber warfare capabilities within NATO.
removed
Section 101(a)(13)(B) of title 10, United States Code.
removed
Section 115(i)(6) of title 10, United States Code.
removed
Section 12304(c)(1) of title 10, United States Code.
removed
Section 484C(c)(3)(C)(v) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(v)).
removed
Section references—
removed
Title 10, United States Code, is amended—
removed
in section 386(c)(1), by striking “Sections 311, 321, 331, 332, 333,” and inserting “Sections 246, 251, 252, 253, 321,”; and
removed
in section 10541(b)(9) in the matter preceding subparagraph (A), by striking “sections 331, 332, 333,” and inserting “sections 251, 252, 253,”.
removed
Section 484C(c)(3)(C)(i) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(i)) is amended by striking “section 331, 332,” and inserting “section 251, 252,”.
removed
Other technical corrections—
removed
Chapter 16 of title 10, United States Code, is amended—
removed
in section 311(a)(3), by striking “Secretary to State” and inserting “Secretary of State”;
removed
in section 321(e), by striking “calender” each place it appears and inserting “calendar”;
removed
in the table of sections at the beginning of subchapter V of such chapter, by striking the item relating to section 342 and inserting the following:
removed
in section 347—
removed
in the heading of subsection (a)(7), by striking “etc.” and inserting “etc”; and
removed
in the heading of subsection (b)(3)(B), by striking “etc.” and inserting “etc”; and
removed
in section 385(d)(1)(B), by striking “include” and inserting “including”.
removed
Section 1204(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 362 note) is amended—
removed
in paragraph (1), by striking “section 2249e” each place it appears and inserting “section 362”; and
removed
in paragraph (3), by striking “subsection (f) of section 2249e of title 10, United States Code (as so added)” and inserting “section 301(1) of title 10, United States Code”.
Sec. 1205 Participation in and support of the Inter-American Defense College
changed
Review—In general— The Secretary of Defense, with the concurrence of the Secretary of State, shall conduct a review Subchapter V of the processes and procedures used to carry out section 362 chapter 16 of title 10, United States Code.Code, is amended by adding at the end the following new section:
added “351. Inter-American Defense College
added “(a) Authority to support—The Secretary of Defense may authorize members of the armed forces and civilian personnel of the Department of Defense to participate in the operation of and the provision of support to the Inter-American Defense College and provide logistic support, supplies, and services to the Inter-American Defense College, including the use of Department of Defense facilities and equipment, as the Secretary considers necessary to—
added “(1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials from member states of the Organization of American States advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines; and
added “(2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the promotion of security cooperation, human rights, humanitarian assistance and disaster response, peacekeeping, and democracy in the Western Hemisphere.
added “(b) Memorandum of understanding
added “(1) The Secretary of Defense, with the concurrence of the Secretary of State, shall enter into a memorandum of understanding with the Inter-American Defense Board for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College under subsection (a).
added “(2) If Department of Defense facilities, equipment, or funds will be used to support the Inter-American Defense College under subsection (a), a memorandum of understanding entered into under paragraph (1) shall include a description of any cost-sharing arrangement or other funding arrangement relating to the use of such facilities, equipment, or funds.
added “(3) A memorandum of understanding entered into under paragraph (1) shall also include a curriculum and a plan for academic program development.
added “(c) Use of funds
added “(1) Funds appropriated to the Department of Defense for operation and maintenance may be used to pay costs that the Secretary determines are necessary for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College, including—
added “(A) the costs of expenses of such participants;
added “(B) the cost of hiring and retaining qualified professors, instructors, and lecturers;
added “(C) curriculum support costs, including administrative costs, academic outreach, and curriculum support personnel;
added “(D) the cost of translation and interpretation services;
added “(E) the cost of information and educational technology;
added “(F) the cost of utilities; and
added “(G) the cost of maintenance and repair of facilities.
added “(2) No funds may be used under this section to provide for the pay of members of the armed forces or civilian personnel of the Department of Defense who participate in the operation of and the provision of host nation support to the Inter-American Defense College under this section.
added “(3) Funds available to carry out this section for a fiscal year may be used for activities that begin in such fiscal year and end in the next fiscal year.
added “(d) Waiver of reimbursement—The Secretary of Defense may waive reimbursement for developing countries (as such term is defined in section 301 of this title) of the costs of funding and other host nation support provided to the Inter-American Defense College under this section if the Secretary determines that the provision of such funding or support without reimbursement is in the national security interest of the United States.
added “(e) Logistic support, supplies, and services defined—In this section, the term “logistic support, supplies, and services” has the meaning given that term in section 2350 of this title.”
added
Clerical amendment— The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by adding at the end the following new item:
removed
Report—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report that contains a summary and evaluation of the review required by subsection (a).
removed
Matters to be included— The report required by this subsection shall include the following:
removed
A description of the procedures used to obtain and verify information regarding the vetting of partner units for gross violation of human rights required under section 362 of title 10, United States Code, and to share such information with the Department of State.
removed
A description of the procedures used to conduct remediation of units determined or alleged to have committed gross violation of human rights, including a list of each unit completing such remediation since December 19, 2014.
removed
An assessment of the procedures and associated timelines to implement the requirements of such section 362 on the Department of Defense’s ability to comply with such section 362 and achieve national security goals.
removed
A description of the processes and procedures used to implement section 1206 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3538), including the process of obtaining the concurrence of the Secretary of State as required under subsection (c)(1) of such section.
removed
Recommendations to revise authorities to improve the processes and procedures related to the vetting of foreign partner units for gross violations of human rights.
removed
Any other matters the Secretary considers appropriate.
removed
Form— The report required by this subsection shall be submitted in unclassified form but may include a classified annex.
removed
Definition— In this subsection, the term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
Amendment to existing law— Subsection (b)(3) of section 1206 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2282 note) is amended by striking “subsection (b) of section 2249e of title 10, United States Code (as added by section 1204(a) of this Act)” and inserting “section 362(b) of title 10, United States Code”.
Sec. 1206 Increase in cost limitation for small scale construction related to security cooperation
added Section 301(8) of title 10, United States Code, is amended by striking “$750,000” and inserting “$2,000,000”.
removed
Sense of Congress— It is the sense of Congress that the Secretary of Defense should utilize appropriate security cooperation authorities to counter malign influence campaigns by strategic competitors and other state actors that are directed at allied and partner countries and that pose a significant threat to the national security of the United States.
removed
Report on funding— The Secretary of Defense shall include with the consolidated budget materials submitted to Congress as required by section 381 of title 10, United States Code, for fiscal years 2020 and 2021 a report on the use of security cooperation funding to counter malign influence campaigns by strategic competitors and other state actors directed at allied and partner countries and posing a significant threat to the national security of the United States.
Sec. 1207 Report on security cooperation with Haiti
added Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for 3 years, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate committees of Congress (as such term is defined in section 301 of title 10, United States Code) a report on cooperation between the Department of Defense and the Government of Haiti.
removed
In general— Subchapter V of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“351. Inter-American Defense College
removed
“(a) Authority To support—The Secretary of Defense may authorize members of the armed forces and civilian personnel of the Department of Defense to participate in the operation of and the provision of support to the Inter-American Defense College and provide logistic support, supplies, and services to the Inter-American Defense College, including the use of Department of Defense facilities and equipment, as the Secretary considers necessary to—
removed
“(1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials from member states of the Organization of American States advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines; and
removed
“(2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the promotion of security cooperation, human rights, humanitarian assistance and disaster response, peacekeeping, and democracy in the Western Hemisphere.
removed
“(b) Memorandum of understanding
removed
“(1) The Secretary of Defense, with the concurrence of the Secretary of State, shall enter into a memorandum of understanding with the Inter-American Defense Board for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College under subsection (a).
removed
“(2) If Department of Defense facilities, equipment, or funds will be used to support the Inter-American Defense College under subsection (a), a memorandum of understanding entered into under paragraph (1) shall include a description of any cost-sharing arrangement or other funding arrangement relating to the use of such facilities, equipment, or funds.
removed
“(3) A memorandum of understanding entered into under paragraph (1) shall also include a curriculum and a plan for academic program development.
removed
“(c) Use of funds
removed
“(1) Funds appropriated to the Department of Defense for operation and maintenance may be used to pay costs that the Secretary determines are necessary for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College, including—
removed
“(A) the costs of expenses of such participants;
removed
“(B) the cost of hiring and retaining qualified professors, instructors, and lecturers;
removed
“(C) curriculum support costs, including administrative costs, academic outreach, and curriculum support personnel;
removed
“(D) the cost of translation and interpretation services;
removed
“(E) the cost of information and educational technology;
removed
“(F) the cost of utilities; and
removed
“(G) the cost of maintenance and repair of facilities.
removed
“(2) No funds may be used under this section to provide for the pay of members of the armed forces or civilian personnel of the Department of Defense who participate in the operation of and the provision of host nation support to the Inter-American Defense College under this section.
removed
“(3) Funds available to carry out this section for a fiscal year may be used for activities that begin in such fiscal year and end in the next fiscal year.
removed
“(d) Waiver of reimbursement—The Secretary of Defense may waive reimbursement for developing countries (as such term is defined in section 301 of this title) of the costs of funding and other host nation support provided to the Inter-American Defense College under this section if the Secretary determines that the provision of such funding or support without reimbursement is in the national security interest of the United States.
removed
“(e) Logistic support, supplies, and services defined—In this section, the term “logistic support, supplies, and services” has the meaning given that term in section 2350 of this title.”
removed
Clerical amendment— The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by adding at the end the following new item:
Sec. 1208 Review and report on processes and procedures used to carry out section 362 of title 10, United States Code
added
Review— The Secretary of Defense, with the concurrence of the Secretary of State, shall conduct a review of the processes and procedures used to carry out section 362 of title 10, United States Code.
added
Report—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report that contains a summary and evaluation of the review required by subsection (a).
removed
School authorized—
removed
In general— Subchapter V of chapter 16 of title 10, United States Code, as amended by section 1207, is further amended by adding at the end the following new section:
removed
“352. Naval Small Craft Instruction and Technical Training School
removed
“(a) In general—The Secretary of Defense may operate an education and training facility known as the “Naval Small Craft Instruction and Technical Training School” (in this section referred to as the “School”).
removed
“(b) Designation of executive agent—The Secretary of Defense shall designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
removed
“(c) Purpose—The purpose of the School shall be to provide to the military and other security forces of one or more friendly foreign countries education and training under any other provision of law related to naval small craft instruction and training and to increase professionalism, readiness, and respect for human rights through formal courses of instruction or mobile training teams for—
removed
“(1) the operation, employment, maintenance, and logistics of specialized equipment;
removed
“(2) participation in—
removed
“(A) joint exercises; or
removed
“(B) coalition or international military operations; and
removed
“(3) improved interoperability between—
removed
“(A) the armed forces; and
removed
“(B) the military and other security forces of the one or more friendly foreign countries.
removed
“(d) Limitation on personnel eligible To receive education and training—The Secretary of Defense may not provide education or training at the School to any personnel of a country that is prohibited from receiving such education or training under any other provision of law.
removed
“(e) Fixed costs—The fixed costs of operation and maintenance of the School in a fiscal year may be paid from amounts made available for such fiscal year for operation and maintenance of the Department of Defense.
removed
“(f) Annual report—Not later than March 15 each year, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a detailed report on the activities and operating costs of the School during the preceding fiscal year.”
removed
Clerical amendment— The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by adding at the end the following new item:
removed
Report required— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth the following:
changed
Matters to be included— The budget requirements for the operation and sustainment of the Naval Small Craft Instruction and Technical Training School authorized by section 352 of title 10, United States Code (as added report required by this subsection (a)), during the period of shall include the future-years defense program submitted to Congress in fiscal year 2019, including—following:
removed
a description of the budget requirements relating to the School for—
removed
Major Force Program–2; and
removed
Major Force Program–11; and
changed
an identification A description of any other source the procedures used to obtain and verify information regarding the vetting of funding partner units for the School.gross violation of human rights required under section 362 of title 10, United States Code.
added
A description of the procedures required under subsection (d) of such section 362.
added
A description of the procedures used to conduct remediation of units for determined or alleged of gross violation of human rights.
added
A list of units completing the process of remediation for gross violation of human rights as described in subparagraph (C).
added
A summary of reports submitted to Congress as required under subsection (e) of such section 362.
added
An analysis of the impact of such section 362 to achieving the objectives of the National Defense Strategy.
added
A description of the processes and procedures used to implement section 1206 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3538), to include the process of obtaining the concurrence of the Secretary of State, as required under subsection (c)(1) of such section.
added
Recommendations to revise authorities to improve the processes and procedures related to the vetting of foreign partner units for gross violations of human rights.
added
Any other matters the Secretary considers appropriate.
changed
Form— The anticipated requirements for facilities for the School.report required by this subsection shall be submitted in unclassified form but may include a classified annex.
changed
Definition— An identification of the Secretary of a military department designated by the Secretary of Defense as executive agent for In this subsection, the School under subsection (b) of such section.term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
The anticipated military construction and facilities renovation requirements for the School during such period.
removed
Any other matter relating to the School that the Secretary of Defense considers appropriate.
changed
Limitation on use of funds—Amendments to existing law—
changed
In general— Nothing in Paragraph (1) of section 352 362(a) of title 10, United States Code (as so added), Code, is amended in paragraph (1), by striking “none may be construed as authorizing the use of funds appropriated for the Department of Defense used for any purpose described in paragraph (2) unless specifically authorized by an Act of Congress training, equipment, or other than that section assistance” and inserting “none may be used for any training, defense articles, or this Act.defense services”.
changed
Purposes— The purposes described in this paragraph are Subsection (b)(3) of section 1206 of the following:Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2282 note) is amended by striking “subsection (b) of section 2249e of title 10, United States Code (as added by section 1204(a) of this Act)” and inserting “subsection (b) of section 362 of title 10, United States Code”.
removed
The operation of a facility other than the Naval Small Craft Instruction and Technical Training School that is in operation as of the date of the enactment of this Act for the provision of education and training authorized to be provided by the School.
removed
The construction or expansion of any facility of the School.
Sec. 1209 Report on allied contributions to the common defense
changed
In general—Sense of Congress— Section 345 of title 10, United States Code, It is amended—the sense of Congress that—
changed
by redesignating subsections (b) and (c) as subsections (c) in recognition of the growth in the economic and (d), respectively;military strength of United States allies which has occurred since the commencement of applicable treaties or other mutual security arrangements—
added
the burdens of mutual defense now assumed by some countries allied with the United States are not commensurate with their economic resources or security environments;
added
many United States allies have failed to consistently meet their commitments and responsibilities;
added
progress towards developing the necessary self-defense capabilities to fulfill commitments and contribute to the common defense has been disappointing at times; and
added
the continued unwillingness of certain allied countries to increase their contributions to the common defense to more appropriate levels will endanger the vitality, effectiveness, and cohesion of the alliances and partnerships between those countries and the United States and increase risks to shared peace and prosperity; and
changed
by striking subsection (a) the President should seek from each ally or partner country of the United States acceptance of international security responsibilities and inserting agreements to make contributions to the following new subsections (a) common defense that are commensurate with the economic resources and (b):security environment of such country, including, when appropriate, an increase in host nation support.
removed
“(a) Program authorized
removed
“(1) In general—The Secretary of Defense may carry out a program under which the Secretary may pay any costs associated with the education and training of foreign military officers, ministry of defense officials, or security officials at military or civilian educational institutions, regional centers, conferences, seminars, or other training programs conducted for purposes of regional defense in connection with either of the following:
removed
“(A) Combating terrorism.
removed
“(B) Irregular warfare.
removed
“(2) Covered costs—Costs for which payment may be made under this section include the costs of transportation and travel and subsistence costs.
removed
“(3) Designation—The program authorized by this section shall be known as the “Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program”.
removed
“(b) Regulations
removed
“(1) In general—The program authorized by subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense and the Secretary of State.
removed
“(2) Elements—The regulations shall ensure that—
removed
“(A) the Secretary of Defense and the Secretary of State—
removed
“(i) jointly develop and plan activities under the program that—
removed
“(I) advance United States security cooperation objectives; and
removed
“(II) support theater security cooperation planning of the combatant commands; and
removed
“(ii) coordinate on the implementation of activities under the program;
removed
“(B) each of the Secretary of Defense and the Secretary of State designates an individual at the lowest appropriate level of the Department of Defense or the Department of State, as applicable, who shall be responsible for program coordination; and
removed
“(C) to the extent practicable, activities under the program are appropriately coordinated with, and do not duplicate or conflict with, activities under International Military Education and Training (IMET) authorities.
removed
“(3) Submittal to Congress—Upon any update of the regulations, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the regulations as so updated, together with a description of the update.”
removed
in paragraph (3) of subsection (d), as redesignated by paragraph (1) of this subsection, by striking “in the global war on terrorism”.
changed
Conforming amendments—Report on contributions by allies—
changed
Heading amendment—In general— The heading Chapter 16 of such section title 10, United States Code, is amended to read as follows:by adding at the end the following new section:
changed
“345. Regional Defense Combating Terrorism “387. Report on annual defense spending by ally and Irregular Warfare Fellowship Program”partner countries
added “(a) In general—Not later than March 1, 2019, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees and to the Committee on Oversight and Government Reform of the House of Representatives a report that includes a description of—
added “(1) the annual defense spending of each mutual defense treaty ally and major non-NATO ally, including the nominal budget figure and the share of such spending as a percentage of the ally’s gross domestic product, for the fiscal year immediately preceding the fiscal year in which the report is submitted;
added “(2) the activities of each such ally in contributing to military or stability operations in which the armed forces participate;
added “(3) any limitations that each such ally places on the use of the armed forces of such ally for such military or stability operations; and
added “(4) any actions undertaken by the United States or other countries to minimize or modify such limitations.
added “(b) Form—The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
added “(c) Definitions—In this section:
added “(1) Mutual defense treaty ally—The term “mutual defense treaty ally” means a country that is a party to a treaty of mutual defense with the United States.
added “(2) Major non-NATO ally—The term “major non-NATO ally” means a country so designated pursuant to section 2350a or section 517 of the Foreign Assistance Act of 1961.”
changed
Table of sections Clerical amendment— The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by striking inserting after the item relating to section 345 and inserting 386 the following new item:
Sec. 1210 Enhanced military activities
added
NATO exercises— The Secretary of Defense, in consultation with appropriate officials of other member countries of the North Atlantic Treaty Organization, shall seek opportunities to conduct more NATO naval exercises in the Baltic and Black Seas, as well as in the northern Atlantic Ocean, to defend the seas around Europe and deter Russian aggression in those regions.
added
Joint research projects— The Secretary of Defense, in coordination with the Secretary of State, may conduct joint research projects with NATO allies pursuant to the authorities under chapter 138 of title 10, United States Code, including projects through NATO Centers of Excellence, to—
added
improve NATO reconnaissance capabilities to track Russian military exercises;
added
enhance NATO anti-submarine warfare capabilities against Russia;
added
increase the numbers of modern sensors placed on NATO aircraft, submarines, and surface ships; or
added
enhance NATO capabilities to detect and deter Russian information operations.
removed
Section 341(b)(2) of title 10, United States Code, is amended by inserting “assistance” after “any”.
Sec. 1210A Report on security cooperation programs and activities of the Department of Defense in certain foreign countries
added
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to appropriate congressional committees a report on security cooperation programs and activities of the Department of Defense in the foreign countries specified in subsection (b) that were carried out at any time during the period beginning on September 11, 2001, and ending on such date of enactment.
added
Foreign countries specified— The foreign countries specified in this subsection are the following:
added
Afghanistan.
added
Iraq.
added
Yemen.
added
Nigeria.
added
Mali.
added
Chad.
added
Somalia.
added
The Philippines.
added
Any other country as determined by the Secretary of Defense.
added
Matters to be included— The report required under subsection (a) shall include the following:
added
Lessons learned and best practices with respect to such security cooperation programs and activities of the Department of Defense.
added
Relevant recommendations for future security cooperation programs and activities of the Department of Defense.
added
Recommendations for monitoring and evaluation metrics for future security cooperation programs and activities of the Department of Defense.
added
Evaluation of the efficacy of the assessment tools used by the Department of Defense and other relevant security cooperation agencies with respect to such security cooperation programs and activities of the Department of Defense for purposes of measuring improvements made by the forces of the foreign countries specified in subsection (b).
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Security cooperation programs and activities of the Department of Defense— The term “security cooperation programs and activities of the Department of Defense” has the meaning given such term in section 301(7) of title 10, United States Code.
Sec. 1210B Modifications to congressional notification requirements regarding support for operations and capacity building
added
added
Authority to provide support for conduct of operations— Section 331(d)(2) of title 10, United States Code, is amended—
added
by redesignating subparagraph (E) as subparagraph (H); and
added
by inserting after subparagraph (D) the following new subparagraphs:
added “(E) An evaluation of political, social, economic, diplomatic, and historical factors, if any, of the participating country that may impair or inhibit the effectiveness of support to be provided to the participating country.
added “(F) An assessment of the sustainability of support to be provided to the participating country by the United States.
added “(G) A description of measures being taken to ensure the participating country does not become dependent on United States assistance to be provided under this section.”
added
Defense institution capacity building— Section 332(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
added “(D) An assessment of the objectives of the United States and foreign countries participating in the program.
added “(E) An evaluation of political, social, economic, diplomatic, and historical factors, if any, of foreign countries participating in the program that may impair or inhibit the effectiveness of the program.
added “(F) An assessment of the sustainability of support to be provided to foreign countries participating in the program.
added “(G) A description of measures being taken to ensure foreign countries participating in the program do not become dependent on United States assistance to be provided under the program.”
added
Foreign security forces capacity building— Section 333(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(8) An evaluation of political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impair or inhibit the effectiveness of the program.”
Sec. 1211 Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan
changed
Assessment, monitoring, and evaluation Extension of security cooperation activities—expiration— Of Subsection (h) of section 1222 of the amount National Defense Authorization Act for Operations and Maintenance, Defense-wide made available to Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1992), as most recently amended by section 1211 of the National Defense Security Cooperation Agency Authorization Act for fiscal year 2019, it Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1648), is the goal that $12,000,000, but in no event less than $6,000,000, shall be allocated for the assessment, monitoring, further amended by striking “December 31, 2018” and evaluation of security cooperation activities in accordance with section 383 of title 10, United States Code.inserting “December 31, 2020”.
changed
Limitation on use of funds—Excess defense articles— Of the amount for Operation and Maintenance, Defense-wide made available to the Department of Defense for fiscal year 2019 for activities under section 333 Subsection (i)(2) of title 10, United States Code, not more than 50 percent may be expended until the Secretary submits to the appropriate congressional committees (as such term is defined in section 301(1) of title 10, United States Code) a written plan for the expenditure of the amount allocated under subsection (a), including—1222, as so amended, is further amended by striking “December 31, 2018,” each place it appears and inserting “December 31, 2020”.
removed
a description of the activities planned for fiscal year 2019 for the evaluation of security cooperation programs across the security cooperation enterprise, including through chapter 16 of title 10, United States Code, the Afghanistan Security Forces Fund, the Counter-ISIL Fund, the cooperative threat reduction program, and other security cooperation authorities as appropriate; and
removed
a description of the activities planned for fiscal year 2019 for the training, support, and organization of the Department to effectively carry out responsibilities under section 383 of title 10, United States Code.
removed
Modification of assessment, monitoring, and evaluation of programs and activities— Section 383(b)(1) of title 10, United States Code, is amended by adding at the end the following:
removed
“(E) Incorporation of lessons learned from prior security cooperation programs and activities of the Department of Defense that were carried out any time on or after September 11, 2001.”
Sec. 1212 Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations
changed
In general—Extension of authority— Not later than 120 days after the date Subsection (a) of the enactment section 1233 of this Act, the Under Secretary of National Defense Authorization Act for Policy, in coordination with the General Counsel Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1212 of the Department of National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1648), is further amended by striking “the period beginning on October 1, 2017, and the commanders of appropriate combatant commands, shall—ending on December 31, 2018” and inserting “the period beginning on October 1, 2018, and ending on December 31, 2019”.
removed
conduct a review of the legal and policy frameworks associated with advise, assist, and accompany missions by United States military personnel; and
removed
submit to the Secretary of Defense a report on the results of such review.
changed
Submittal to Congress—Extension of limitations— Not later than 30 days after the date on which the Secretary receives the report required by subsection (a)(2), the Secretary shall submit to the congressional defense committees the report together with any comments by the Secretary that amplify or clarify the report.Subsection (d)(1) of such section 1233, as so amended, is further amended—
added
in the first sentence, by striking “the period beginning on October 1, 2017, and ending on December 31, 2018” and inserting “the period beginning on October 1, 2018, and ending on December 31, 2019”; and
added
in the second sentence, by striking “to Pakistan during” and all that follows through “December 31, 2018” and inserting “to Pakistan during the period beginning on October 1, 2018, and ending on December 31, 2019”.
added
Extension of additional limitations with respect to Pakistan—
added
Extension of notice requirement relating to reimbursement of Pakistan for support provided by Pakistan— Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1212(d) of the National Defense Authorization Act for Fiscal Year 2018, is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.
removed
Elements— The report and review required by subsection (a) shall include the following:
changed
Extension of limitation on reimbursement of Pakistan pending certification on Pakistan— An analysis Section 1227(d)(1) of the risks and benefits of United States military personnel conducting advise, assist, and accompany missions with foreign partner forces, and an assessment National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2001), as most recently amended by section 1212(e) of the relation of such risks National Defense Authorization Act for Fiscal Year 2018, is further amended by striking “for any period prior to December 31, 2018” and benefits inserting “for any period prior to United States security objectives.December 31, 2019”.
changed
Additional limitation on reimbursement of Pakistan pending certification on Pakistan— A review Of the total amount of applicable execute orders and theater reimbursements and functional campaign plans in order support authorized for Pakistan during fiscal year 2019 pursuant to ensure that such orders and plans comply with United States law the second sentence of section 1233(d)(1) of the National Defense Authorization Act for Fiscal Year 2008 (as amended by subsection (b)(2)), $350,000,000 shall not be eligible for the employment waiver under section 1227(d)(2) of United States military personnel and capabilities the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless the Secretary of Defense certifies to advise, assist, and accompany foreign partner forces.the congressional defense committees that—
added
Pakistan continues to conduct military operations that are contributing to significantly disrupting the safe havens, fundraising and recruiting efforts, and freedom of movement of the Haqqani Network in Pakistan;
added
Pakistan has taken steps to demonstrate its commitment to prevent the Haqqani Network from using any Pakistan territory as a safe haven and for fundraising and recruiting efforts;
added
the Government of Pakistan is making an attempt to actively coordinate with the Government of Afghanistan to restrict the movement of militants, such as the Haqqani Network, along the Afghanistan-Pakistan border; and
added
Pakistan has shown progress in arresting and prosecuting senior leaders and mid-level operatives of the Haqqani Network.
removed
An explanation of the fiscal and operational authorities applicable to advise, assist, and accompany missions, including a differentiation between—
removed
advise, assist, and accompany missions conducted by United States military personnel under an execute order with partner forces; and
removed
accompany missions conducted by United States military personnel with foreign partner forces also affiliated with a program authorized by section 127e or 333 of title 10, United States Code.
removed
An explanation of the domestic and international legal bases for the use of United States military personnel to provide collective self-defense in support of designated foreign partner forces inside and outside areas of active hostilities, and a description of any legal or policy limitation on the provision of collective self-defense in support of such designated foreign partner forces.
removed
An assessment whether the legal and policy frameworks applicable to advise, assist, and accompany missions by United States military personnel are adequately communicated to and understood at all levels of operational command.
removed
An assessment whether approvals and permissions related to advise, assist, and accompany missions are made at the appropriate level of command.
removed
A definition, and policy guidance, for the appropriate use in execute orders and military doctrine of each of the following:
removed
Advise.
removed
Assist.
removed
Accompany.
removed
Self-defense.
removed
Collective self-defense.
removed
Combined operations.
removed
Partnered operations.
removed
Last point of cover and conceal.
removed
Any other matters the Under Secretary or the Secretary considers appropriate.
removed
Form— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1213 Extension and modification of Commanders’ Emergency Response Program
changed
Expansion of authority—Extension— Paragraph (1) of subsection (a) Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619), as most recently amended by section 1226 1211 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note) 2017 (Public Law 114–328; 130 Stat. 2477), is amended to read as follows:further amended—
added
in subsection (a), by striking “December 31, 2018” and inserting “December 31, 2020”;
added
in subsection (b), by striking “fiscal year 2017 and fiscal year 2018” and inserting “fiscal years 2017 through 2020”; and
added
in subsection (f), by striking “December 31, 2018” and inserting “December 31, 2020”.
removed
“(1) In general—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to provide support on a reimbursement basis as follows:
removed
“(A) To the Government of Jordan for purposes of supporting and enhancing efforts of the armed forces of Jordan to increase security and sustain increased security along the border of Jordan with Syria and Iraq.
removed
“(B) To the Government of Lebanon for purposes of supporting and enhancing efforts of the armed forces of Lebanon to increase security and sustain increased security along the border of Lebanon with Syria.
removed
“(C) To the Government of Egypt for purposes of supporting and enhancing efforts of the armed forces of Egypt to increase security and sustain increased security along the border of Egypt with Libya.
removed
“(D) To the Government of Tunisia for purposes of supporting and enhancing efforts of the armed forces of Tunisia to increase security and sustain increased security along the border of Tunisia with Libya.
removed
“(E) To the Government of Oman for purposes of supporting and enhancing efforts of the armed forces of Oman to increase security and sustain increased security along the border of Oman with Yemen.
removed
“(F) To the Government of Pakistan for purposes of supporting and enhancing efforts of the armed forces of Pakistan to increase security and sustain increased security along the border of Pakistan with Afghanistan.”
changed
Certification—Modification— Subsection (d) (b) of such section 1211 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2477) is amended to read as follows:amended—
added
in the heading, by striking “and Syria” and inserting “Syria, Somalia, Libya, and Yemen”; and
added
in paragraph (1), by striking “or Syria” and inserting “Syria, Somalia, Libya, or Yemen”.
removed
“(d) Notice and certification before exercise—Not later than 15 days before providing support under the authority of subsection (a) to a country that has not previously received such support, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the specified congressional committees a report that—
removed
“(1) sets forth a full description of the support to be provided, including—
removed
“(A) the purpose of such support;
removed
“(B) the amount of support to be provided; and
removed
“(C) the anticipated duration of the provision of such support; and
removed
“(2) includes a certification that—
removed
“(A) the recipient country has taken demonstrable steps to increase security along the border specified for such country in subsection (a); and
removed
“(B) the provision of such support is in the interest of United States national security.”
removed
Limitation on reimbursement of Pakistan— Such section is further amended—
removed
by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and
removed
by inserting after subsection (d) the following new subsection (e):
removed
“(e) Limitation on reimbursement of Pakistan pending certification—No amount of reimbursement support under subsection (a)(1)(F) is authorized to be disbursed to the Government of Pakistan unless the Secretary of Defense certifies to the congressional defense committees that the following conditions are met:
removed
“(1) The military and security operations of Pakistan pertaining to border security and ancillary activities for which reimbursement is sought have been coordinated with United States military representatives in advance of the execution of such operations and activities.
removed
“(2) The goals and desired outcomes of each such operation or activity have been established and agreed upon in advance by the United States and Pakistan.
removed
“(3) A process exists to verify the achievement of the goals and desired outcomes established in accordance with paragraph (2).
removed
“(4) The Government of Pakistan is making an effort to actively coordinate with the Government of Afghanistan on issues relating to border security on the Afghanistan-Pakistan border.”
removed
Quarterly reports— Such section is further amended by inserting after subsection (e), as so designated by subsection (c) of this section, the following new subsection (f):
removed
“(f) Quarterly reports—Not later than 30 days after the end of each fiscal quarter, the Secretary of Defense shall submit to the specified congressional committees a report on reimbursements pursuant to subsection (a) during the preceding fiscal quarter that includes—
removed
“(1) an identification of each country reimbursed;
removed
“(2) the date of each reimbursement;
removed
“(3) a description of any partner nation border security efforts for which reimbursement was provided;
removed
“(4) an assessment of the value of partner nation border security efforts for which reimbursement was provided;
removed
“(5) the total amounts of reimbursement provided to each partner nation in the preceding four fiscal quarters; and
removed
“(6) such other matters as the Secretary considers appropriate.”
removed
Extension— Subsection (h) of such section, as so redesignated, is amended by striking “December 31, 2019” and inserting “December 31, 2021”.
Sec. 1214 Report on assistance to Pakistan
changed
Not later than 120 90 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, Defense shall establish and submit to the appropriate congressional committees, as such term is defined in section 301(1) of title 10, United States Code, a Memorandum of Agreement or other arrangement setting forth defense committees an unclassified report, which may include a framework for classified annex, describing the procedures required between manner in which the Department of Defense and the Department of State to obtain the concurrence of the Secretary of State, as required by law or policy, to allow non-defense and non-governmental personnel of friendly foreign countries provides assistance to participate in activities of the Department Government of Defense Regional Centers for Security Studies.Pakistan.
Sec. 1215 Sense of Congress relating to Dr. Shakil Afridi
added
added
Findings— Congress finds the following:
added
The attacks of September 11, 2001, killed approximately 3,000 people, most of whom were Americans, but also included hundreds of individuals with foreign citizenships, nearly 350 New York Fire Department personnel, and about 50 law enforcement officers.
added
Downed United Airlines flight 93 was reportedly intended, under the control of the al-Qaeda high-jackers, to crash into the White House or the Capitol in an attempt to kill the President of the United States or Members of the United States Congress.
added
The September 11, 2001, attacks were largely planned and carried out by the al-Qaeda terrorist network led by Osama bin Laden and his deputy Ayman al Zawahiri, after which Osama bin Laden enjoyed safe haven in Pakistan from where he continued to plot deadly attacks against the United States and the world.
added
Since 2001, the United States has provided more than $30 billion in security and economic aid to Pakistan.
added
The United States very generously and swiftly responded to the 2005 Kashmir Earthquake in Pakistan with more than $200 million in emergency aid and the support of several United States military aircraft, approximately 1,000 United States military personnel, including medical specialists, thousands of tents, blankets, water containers and a variety of other emergency equipment.
added
The United States again generously and swiftly contributed approximately $150 million in emergency aid to Pakistan following the 2010 Pakistan flood, in addition to the service of nearly twenty United States military helicopters, their flight crews, and other resources to assist the Pakistan Army’s relief efforts.
added
The United States continues to work tirelessly to support Pakistan’s economic development, including millions of dollars allocated towards the development of Pakistan’s energy infrastructure, health services and education system.
added
The United States and Pakistan continue to have many critical shared interests, both economic and security related, which could be the foundation for a positive and mutually beneficial partnership.
added
Dr. Shakil Afridi, a Pakistani physician, is a hero to whom the people of the United States, Pakistan and the world owe a debt of gratitude for his help in finally locating Osama bin Laden before more innocent American, Pakistani and other lives were lost to this terrorist leader.
added
Pakistan, the United States and the international community had failed for nearly 10 years following attacks of September 11, 2001, to locate and bring Osama bin Laden, who continued to kill innocent civilians in the Middle East, Asia, Europe, Africa and the United States, to justice without the help of Dr. Afridi.
added
The Government of Pakistan’s imprisonment of Dr. Afridi presents a serious and growing impediment to the United States’ bilateral relations with Pakistan.
added
The Government of Pakistan has leveled and allowed baseless charges against Dr. Afridi in a politically motivated, spurious legal process.
added
Dr. Afridi is currently imprisoned by the Government of Pakistan, a deplorable and unconscionable situation which calls into question Pakistan’s actual commitment to countering terrorism and undermines the notion that Pakistan is a true ally in the struggle against terrorism.
added
Sense of Congress— It is the sense of Congress that Dr. Shakil Afridi is an international hero and that the Government of Pakistan should release him immediately from prison.
Sec. 1221 Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria
changed
Extension—Authority— Subsection (h) (a) of section 1222 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2013 2015 (Public Law 112–239; 126 113–291; 128 Stat. 1992), 3559), as most recently amended by section 1211 1222 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1648), 1690), is further amended by striking “December 31, 2018” 2019” and inserting “December 31, 2020”.
changed
Excess defense articles—Funding— Subsection (i)(2) (g) of such section 1222, section, as so amended, is further amended by striking “December 31, 2018,” each place it appears and inserting “December 31, 2020”.amended—
added
by striking “fiscal year 2018” and inserting “fiscal year 2019”; and
added
by striking “$1,269,000,000” and inserting “$850,000,000”.
added
Sense of Congress— It is the sense of the Congress that—
added
the Peshmerga forces of the Kurdistan Region of Iraq have made, and continue to make, significant contributions to the United States-led campaign to degrade, dismantle, and ultimately defeat the Islamic State of Iraq and Syria (ISIS) in Iraq;
added
a lasting defeat of ISIS is critical to maintaining a stable and tolerant Iraq in which all faiths, sects, and ethnicities are afforded equal protection and full integration into the Government and society of Iraq; and
added
in support of counter-ISIS operations and in conjunction with the Central Government of Iraq, the United States should provide the Ministry of Peshmerga forces of the Kurdistan Region of Iraq $290,000,000 in operational sustainment, so that the Peshmerga forces can more effectively partner with the Iraqi Security Forces, the United States, and other international Coalition members to consolidate gains, hold territory, and protect infrastructure from ISIS and its affiliates in an effort to deal a lasting defeat to ISIS and prevent its reemergence in Iraq.
added
Quarterly progress report—
added
In general— The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees and leadership of the House of Representatives and the Senate a progress report under section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, which shall be provided in unclassified form with a classified annex if necessary. Such progress report shall, based on the most recent quarterly information, include an assessment of the following:
added
The incorporation of violent extremist organizations and organizations with association to the Iran’s Revolutionary Guard Corps (IRGC) into the Iraq military.
added
The level of access violent extremist organizations and organizations with association to the IRGC have to United States-provided equipment and training.
added
United States-provided equipment that is controlled by unauthorized end users, determined by vetting required in subsection (e) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, or is not accounted for by the Government of Iraq, including a detailed inventory of each equipment type provided to the Government of Iraq.
added
Actions taken by the Government of Iraq to repossess United States-provided equipment from unauthorized end users.
added
Definition— In this subsection, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1222 Extension of authority to provide assistance to the vetted Syrian opposition
added
In general— Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541), as most recently amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1653), is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.
added
Reprogramming requirement—
removed
Section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
removed
in subsection (b)—
changed
In general— Subsection (f) of such section 1209, as most recently amended by section 1221 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2485), is further amended by striking paragraph (10);“December 31, 2018” and inserting “December 31, 2019”.
changed
Limitation on the use of funds— by redesignating paragraphs (11) through (16) Beginning on the date of the enactment of this section, no funds may be requested to be reprogrammed pursuant to such subsection (f), as paragraphs (10) through (15), respectively;amended by paragraph (1), until the date that is 30 days after the date on which the President submits to the congressional defense committees a plan that includes the following:
added
A description of the efforts the United States will undertake to train and build appropriately vetted Syrian opposition forces.
added
An assessment of the nature of the forces receiving such assistance, including the origins and affiliations of such forces and any previous history of collaboration with the Syrian Democratic Forces.
added
An assessment of the current operational effectiveness of such forces.
added
The conditions to be met for a determination that ISIS has been adequately neutralized.
added
A description of the roles and contributions of partner countries to such assistance, if any.
added
The concept of operations, timelines, and types of training, equipment, stipends, sustainment, and supplies to be provided by the United States, including measures for end-use accountability with respect to resources, equipment, and supplies after the resources, equipment, and supplies are provided to such forces.
added
A description of the force posture and roles of the United States Armed Forces involved in providing such assistance.
changed
Form— The plan described in paragraph (11)(A), as so redesignated, by striking “the National Defense Authorization Act for Fiscal Year 2014” and inserting “the John S. McCain National Defense Authorization Act for Fiscal Year 2019”;(2) shall be submitted in unclassified form but may include a classified annex.
removed
in paragraph (12), as so redesignated, by striking “paragraph (12)(B)” and inserting “paragraph (11)(B)”; and
removed
in paragraph (13), as so redesignated, in the matter preceding subparagraph (A), by striking “a report to the” and all that follows through “House of Representatives” and inserting “a report to the appropriate committees of Congress”;
removed
by striking subsection (c); and
removed
by redesignating subsection (d) as subsection (c).
Sec. 1223 Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq
changed
Continuation Extension of prior authorities and notice and reporting requirements—authority— Funds available to the Department Subsection (f)(1) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1631; 10 U.S.C. 113 note), as most recently amended by section 1224 of the Afghanistan Security Forces Fund National Defense Authorization Act for fiscal Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1654), is further amended by striking “fiscal year 2019 shall be subject to the conditions contained in—2018” and inserting “fiscal year 2019”.
removed
subsections (b) through (f) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as most recently amended by section 1521(d)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577); and
removed
section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017.
changed
Use of funds—Limitation on amount— Section 1513(b)(1) Subsection (c) of the National Defense Authorization Act for Fiscal Year 2008 such section is amended by striking “security forces of Afghanistan” and inserting “security forces of the Ministry of Defense and the Ministry of the Interior of the Government of the Islamic Republic of Afghanistan”.amended—
added
by striking “fiscal year 2018” and inserting “fiscal year 2019”; and
added
by striking “$42,000,000” and inserting “$45,000,000”.
added
Source of funds— Subsection (d) of such section is amended by striking “fiscal year 2018” and inserting “fiscal year 2019”.
removed
Equipment disposition—
removed
Acceptance of certain equipment— Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and is intended for transfer to the security forces of Afghanistan, but is not accepted by such security forces.
removed
Conditions on acceptance of equipment— Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that such equipment was procured for the purpose of meeting requirements of the security forces of Afghanistan, as agreed to by both the Government of Afghanistan and the Government of the United States, but is no longer required by such security forces or was damaged before transfer to such security forces.
removed
Elements of determination— In making a determination under paragraph (2) regarding equipment, the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary. An explanation of each determination, including the basis for the determination and the alternatives considered, shall be included in the relevant quarterly report required under paragraph (5).
removed
Treatment as Department of Defense stocks— Equipment accepted under the authority provided by paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
removed
Quarterly reports on equipment disposition—
removed
In general— Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
removed
This subsection.
removed
Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).
removed
Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).
removed
Section 1532(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3613).
removed
Section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 note).
removed
Elements— Each report under subparagraph (A) shall include a list of all equipment that was accepted during the period covered by such report and treated as stocks of the Department of Defense and copies of the determinations made under paragraph (2), as required by paragraph (3).
removed
Security of Afghan women—
removed
In general— Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2019, it is the goal that $25,000,000, but in no event less than $10,000,000, shall be used for—
removed
the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and
removed
the recruitment, training, and contracting of female security personnel for future elections.
removed
Types of programs and activities— Such programs and activities may include—
removed
efforts to recruit women into the Afghan National Defense and Security Forces, including the special operations forces;
removed
programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense of Afghanistan and the Office of Human Rights, Gender and Child Rights of the Ministry of Interior of Afghanistan;
removed
development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior of Afghanistan;
removed
efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;
removed
improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;
removed
support for Afghanistan National Police Family Response Units; and
removed
security provisions for high-profile female police and military officers.
removed
Assessment of Afghanistan progress on objectives—
removed
Assessment required— Not later than May 1, 2019, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing—
removed
the progress of the Government of the Islamic Republic of Afghanistan toward meeting shared security objectives; and
removed
the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided under subsection (a).
removed
Matters to be included— In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following:
removed
A consideration of the extent to which the Government of Afghanistan has a strategy for, and has taken steps toward, increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior of Afghanistan.
removed
A consideration of the extent to which the capability and capacity of the Afghan National Defense and Security Forces have improved as a result of Afghanistan Security Forces Fund investment, including through training, and an articulation of the metrics used to assess such improvements.
removed
A consideration of the extent to which the Afghan National Defense and Security Forces have been able to increase pressure on the Taliban, al-Qaeda, the Haqqani network, and other terrorist organizations, including by re-taking territory, defending territory, and disrupting attacks.
removed
A consideration of the distribution practices of the Afghan National Defense and Security Forces and whether the Government of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces charged with fighting the Taliban and other terrorist organizations.
removed
A consideration of the extent to which the Government of Afghanistan has designated the appropriate staff, prioritized the development of relevant processes, and provided or requested the allocation of resources necessary to support a peace and reconciliation process in Afghanistan.
removed
A description of the ability of the Ministry of Defense and the Ministry of Interior of Afghanistan to manage and account for previously divested equipment, including a description of any vulnerabilities or weaknesses of the internal controls of such Ministry of Defense and Ministry of Interior and any plan in place to address shortfalls.
removed
A description of the monitoring and evaluation systems in place to ensure assistance provided under subsection (a) is used only for the intended purposes.
removed
A description of any significant irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the 5-year period beginning on the date of the enactment of this Act, including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment so procured.
removed
A description of the sustainment and maintenance costs required during the 5-year period beginning on the date of the enactment of this Act for major weapons platforms previously divested, and a plan for how the Afghan National Defense and Security Forces intends to maintain such platforms in the future.
removed
A consideration of the extent to which the Government of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States.
removed
A consideration of the extent to which the Government of Afghanistan has made progress in achieving security sector benchmarks as outlined by the United States-Afghan Compact (commonly known as the “Kabul Compact”).
removed
Such other factors as the Secretaries consider appropriate.
removed
Form— The assessment required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
removed
Withholding of assistance for insufficient progress—
removed
In general— If the Secretary of Defense determines, in coordination with the Secretary of State, pursuant to the assessment under paragraph (1) that the Government of Afghanistan has made insufficient progress in the areas described in paragraph (2), the Secretary of Defense may withhold assistance for the Afghan National Defense and Security Forces until such time as the Secretary determines sufficient progress has been made.
removed
Notice to Congress— If the Secretary of Defense withholds assistance under subparagraph (A), the Secretary shall, in coordination with the Secretary of State, provide notice to Congress not later than 30 days after making the decision to withhold such assistance.
Sec. 1224 Sense of Congress on ballistic missile cooperation to counter Iran
changed
Extension—Findings— Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619), as most recently amended by section 1211 of Congress finds the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2477), is further amended—following:
changed
At the 2014 Strategic Cooperation Forum in subsection (a), New York of the Gulf Cooperation Council, the Foreign Ministers of member countries agreed in a Joint Communique to “[e]nhance GCC-US security coordination, particularly on Ballistic Missile Defense, by striking “December 31, 2018” and inserting “December 31, 2019”;continuing to move forward on development of a Gulf-Wide, interoperable missile defense architecture.”.
changed
At the 2015 Strategic Cooperation Forum in subsection (b), by striking “fiscal year 2017 and fiscal year 2018” and inserting “fiscal years 2017 through 2019”; andNew York, the Foreign Ministers issued a Joint Communique that “reaffirmed commitment to * * * establishing a GCC interoperable ballistic missile defense architecture”.
changed
in subsection (f), by striking “December 31, 2018” and inserting “December 31, 2019”.The White House Office of the Press Secretary released a statement on May 14, 2015, that at the 2015 United States—GCC Summit at Camp David, “leaders discussed a new U.S.-GCC strategic partnership to enhance their work to improve security cooperation on * * * ballistic missile defense”.
added
The White House Office of the Press Secretary subsequently released a statement on April 21, 2016, that at the 2016 United States—GCC Summit at Riyadh, “leaders affirmed need to remain vigilant about addressing Iran’s destabilizing actions in the region, including its ballistic missile program”.
changed
Modification—Sense of Congress— Subsection (b) of section 1211 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2477) It is amended—the sense of Congress that—
changed
in member countries of the heading, by striking “and Syria” Gulf Cooperation Council should take meaningful steps to develop and inserting “Syria, Somalia, Libya, implement an interoperable ballistic missile defense architecture to defend against Iran’s ballistic missile threat that emphasizes information sharing and Yemen”; includes early warning and tracking data, to enhance the security of citizens, protect critical infrastructure, and deter Iran; and
changed
in paragraph (1), by striking “or Syria” the United States should continue bilateral and inserting “Syria, Somalia, Libya, or Yemen”.multilateral missile defense exercises in the region and, when practicable, increase the capacity of United States partners through foreign military sales.
Sec. 1225 Strategy to counter destabilizing activities of Iran
added
Strategy authorized—
added
In general— The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to develop and implement a strategy with foreign partners to counter the destabilizing activities of Iran.
removed
Extension— Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1212 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended—
changed
Elements— The strategy described in the matter preceding paragraph (1), by striking “October 1, 2017, and ending on December 31, 2018” and inserting “October 1, 2018, and ending on December 31, 2019”; and(1)—
added
should identify specific countries in which Iran and Iranian-backed entities are operating;
added
should establish a cooperative framework that includes—
added
investing in intelligence, surveillance, and reconnaissance platforms;
added
investing in mine countermeasures resources and platforms;
added
investing in integrated air and missile defense platforms and technologies;
added
sharing intelligence and data with United States and such foreign countries;
added
investing in cyber security and cyber defense capabilities;
added
engaging in combined planning;
added
engaging in defense education, institution building, doctrinal development, and reform; and
added
assessing Iran’s destabilizing activities in the countries identified under subparagraph (A) and the implications thereof; and
added
should provide for designation of a civilian or military officer or employee of the Department of Defense and designation of a senior employee of the Department of State to implement the cooperative framework described in subparagraph (B).
removed
by amending paragraph (2) to read as follows:
removed
“(2) Pakistan for certain activities meant to enhance the security situation in the Afghanistan-Pakistan border region pursuant to section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), as amended by the John S. McCain National Defense Authorization Act for Fiscal Year 2019.”
changed
Modification to limitations—Multilateral coordination— Subsection (d) To enhance cooperation and encourage military-to-military engagement between the United States and foreign partners described in subsection (a), the Secretary of Defense and the Secretary of State should take appropriate actions to ensure that exchanges between senior military officers and senior civilian defense officials of the governments of such section is amended—foreign partners—
changed
in paragraph (1)—are at a level appropriate to enhance engagement between the militaries of such partners for threat analysis, military doctrine, force planning, mutual security interests, logistical support, and intelligence cooperation;
removed
in the first sentence—
removed
by striking “October 1, 2017, and ending on December 31, 2018” and inserting “October 1, 2018, and ending on December 31, 2019”; and
removed
by striking “$900,000,000” and inserting “$350,000,000”; and
removed
by striking the second sentence; and
changed
by striking paragraph (3).enhance security cooperation, including maritime security, special operations collaboration, cyber cooperation, and integrated air and missile defense and domain awareness, in the Middle East and Southwest Asia regions; and
added
accelerate the development of combined military planning for missions to counter Iran that may arise within the contours of shared national security interests.
changed
Repeal of provision relating to reimbursement to Pakistan for security enhancement activities—United States policy— Such section is further amended—It shall be the policy of the United States to provide foreign countries that are willing to materially assist United States efforts to counter Iran in the Middle East with support under the strategy authorized under subsection (a) including, as appropriate, with partner benefits commensurate with such support.
removed
by striking subsection (e); and
removed
by redesignating subsections (f) through (h) as subsections (e) through (g), respectively.
changed
Notice to Congress—Report— Paragraph (1) of subsection (e) Not later than 180 days after the date of such section, as redesignated by subsection (c) the enactment of this section, is amended by striking Act, and annually thereafter through December 31, 2021, the second sentence.Secretary of Defense, in consultation with the Secretary of State, should submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on—
added
the strategy described in subsection (a), including a description of contributions of foreign partners to the strategy; and
added
the actions taken under subsection (b).
Sec. 1226 Report on compliance of Iran under the Chemical Weapons Convention
added
added
Finding— In the annual report submitted to Congress in March 2018, consistent with condition (10)(C) of the Resolution of Advice and Consent to Ratification of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (“Chemical Weapons Convention”), entered into force on April 29, 1997, the Secretary of State concluded that “(b)ased on available information, the United States cannot certify Iran has met its obligations under the Convention for declaration of: (1) its chemical weapons production facility (CWPF); (2) transfer of chemical weapons (CW); and (3) retention of an undeclared CW stockpile”.
added
Report required— Not later than February 1, 2019, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report assessing the extent to which Iran is complying with its obligations under the Chemical Weapons Convention that includes the following:
added
A description, assessment, and verification, to the extent practicable, of any credible information that Iran has assisted the Government of Syria in committing actions that violate such treaty.
added
A description of any dual-use technologies that could advance Iran’s capability to produce chemical weapons for offensive use.
added
The implications of any activities or technologies described pursuant to paragraphs (1) and (2) for Iran’s compliance with other international obligations relating to nonproliferation.
added
Any other matters the Secretaries determines to be relevant.
added
Form— The report required under subsection (b) shall be submitted in unclassified form but may include a classified annex.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1227 Report on potential release of chemical weapons or chemical weapons precursors from Barzeh Research and Development Center and Him Shinshar chemical weapons storage and bunker facilities in Homs province of Syria
added
added
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains a review and analysis of the potential for release of chemical weapons or chemical weapons precursors from the Barzeh Research and Development Center and the Him Shinshar chemical weapons storage and bunker facilities in Homs province of Syria that were targets of strikes by the United States and partner forces on April 13, 2018.
added
Requirements relating to review and analysis— The review and analysis described in subsection (a) shall include the following:
added
The methodology the Secretary of Defense used prior to such strikes to determine the likelihood of a release of chemical weapons or chemical weapons precursors affecting local residents.
added
The methodology the Secretary of Defense used prior to such strikes to determine the potential for chemical agents to enter into the aquifer, air, soil, or other aspects of the environment.
added
Form— The report required under this section shall be submitted in unclassified form, but may contain a classified annex.
Sec. 1228 Report on cooperation between Iran and the Russian Federation
added
added
Report required— Not later than 120 days after the date of the enactment of this Act, and annually thereafter for 5 years, the President shall transmit to the appropriate congressional committees a report on cooperation between Iran and the Russian Federation and the extent to which such cooperation affects United States national security and strategic interests, particularly with respect to Syria.
added
Matters To be included— The report required by subsection (a) shall include the following:
added
A detailed description of Iranian-Russian cooperation on matters relating to Syria, including the following:
added
Mutual defense assistance to the Assad regime.
added
Establishment of forward operating bases in Syria.
added
Deployment of air defense systems.
added
Assistance to Assad’s chemical weapons program, including research, development, and deployment of such weapons.
added
A detailed description of Iranian-Russian cooperation on matters relating to Iran’s space program, including how and to what extent such cooperation strengthens Iran’s ballistic missile program.
added
A description and analysis of the intelligence-sharing center established by Iran, Russia, and Syria in Baghdad, Iraq, and whether such center is being used for purposes other than the purposes of the joint mission of such countries in Syria.
added
A description and analysis of—
added
naval cooperation between Iran and Russia, including joint naval exercises between the two countries; and
added
the long-term consequences of—
added
a robust Russian naval presence in the Eastern Mediterranean;
added
an Iranian naval presence in the Persian Gulf; and
added
Iranian and Russian naval strength in the Caspian Sea.
added
A description of nuclear cooperation between Iran and Russia, both with respect to the Joint Comprehensive Plan of Action and outside of the parameters of such nuclear agreement with Iran.
added
The likelihood that Iran might adopt the Russian model of hybrid warfare.
added
The extent of Russian cooperation with Hezbollah in Syria, Lebanon, and Iraq, including cooperation with respect to training, equipping, and joint operations.
added
Form— Each report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1229 Report on Iranian support of proxy forces in Syria and Lebanon
added
added
Report— Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report that describes Iranian support of proxy forces in Syria and Lebanon and assesses the increased threat posed to Israel, other United States regional allies, and other specified interests of the United States as a result of such support.
added
Matters To be included— The report required under subsection (a) shall include, at a minimum, information relating to the following matters with respect to both the strategic and tactical implications for the United States and its allies:
added
A description of arms or related material transferred by Iran to Hizballah since March 2011, including the number of such arms or related material and whether such transfer was by land, sea, or air, as well as financial and additional technological capabilities transferred by Iran to Hizballah.
added
A description of Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran’s Revolutionary Guard Corps forces, operating within Syria, including the number and geographic distribution of such personnel operating within 30 kilometers of the Israeli borders with Syria and Lebanon.
added
An assessment of Hizballah’s operational lessons learned based on its recent experiences in Syria.
added
A description of the threat posed to Israel and other United States partners in the Middle East by the transfer of arms or related material or other support offered to Hizballah and other proxies from Iran.
added
Definition— In this section, the term “arms or related material” means—
added
nuclear, biological, chemical, or radiological weapons or materials or components of such weapons;
added
ballistic or cruise missile weapons or materials or components of such weapons;
added
destabilizing numbers and types of advanced conventional weapons;
added
defense articles or defense services, as those terms are defined in paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act (22 U.S.C. 2794);
added
defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or
added
items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
Sec. 1230 Sense of Congress on the lack of authorization for the use of the Armed Forces against Iran
addedadded It is the sense of Congress that the use of the Armed Forces against Iran is not authorized by this Act or any other Act.
Sec. 1230A Rule of construction
addedadded Nothing in this Act may be construed to authorize the use of the Armed Forces of the United States against Iran.
Sec. 1230B Afghanistan security
added
added
In general— Not later than 90 days after the date of the enactment of this Act, and by January 15 of every year thereafter through 2020, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on the progress made by the Government of Afghanistan in achieving the security-sector benchmarks as outlined by the United States-Afghan Compact, otherwise known as the Kabul Compact.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1230C Sense of Congress on ballistic missile program of Iran
addedadded It is the sense of Congress that—
added
the ballistic missile program of Iran represents a serious threat to allies of the United States in the Middle East and Europe, members of the Armed Forces deployed in the those regions, and ultimately the United States;
added
the testing and production by Iran of ballistic missiles capable of carrying a nuclear device is a clear violation of multiple United Nations Security Council resolutions, which were unanimously adopted by the international community;
added
Iran currently maintains the largest inventory of ballistic missiles in the Middle East;
added
according to the Director of National Intelligence, Dan Coats, Iran’s ballistic missiles are inherently capable of delivering weapons of mass destruction and the Office of the Director of National Intelligence judges they would be used as Iran’s “preferred method of delivering nuclear weapons, if it builds them”;
added
Director of National Intelligence Coats additionally asserts “Tehran’s desire to deter the United States might drive it to field an intercontinental ballistic missile (ICBM)” and “progress on Iran’s space program could shorten a pathway to an ICBM because space launch vehicles use similar technologies”; and
added
the Government of the United States should impose tough primary and secondary sanctions against any sector of the economy of Iran or any Iranian person that directly or indirectly supports the ballistic missile program of Iran as well as any foreign person or financial institution that engages in transactions or trade that support that program.
Sec. 1230D Limitation on assistance to the Ministry of the Interior of the Government of Iraq
added
added
In general— None of the funds authorized to be appropriated by this Act for assistance to the Ministry of the Interior of the Government of Iraq may be obligated or expended until the Secretary of Defense and the Secretary of State jointly certify to the appropriate congressional committees that such funds, including funds for the provision of intelligence sharing, will not be disbursed by the United States to any group that is, or that is known to be affiliated with, the Iranian Revolutionary Guard Corps–Quds Force or other state sponsor of terrorism.
added
Report— Not later than 90 days after the date of the enactment of this Act, and annually thereafter until the Iraq Train and Equip Fund is no longer in effect, the Secretary of State should submit to the appropriate congressional committees a report on the implementation of this section.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1230E Report on Iranian expenditures supporting foreign military and terrorist activities
added
added
In general— Not later than 90 days after the date of the enactment of this Act, and annually thereafter until the date described in subsection (c), the Secretary of State, in consultation with the Director of National Intelligence, shall submit to Congress a report describing Iranian expenditures in the previous calendar year on military and terrorist activities outside the country, including each of the following:
added
The amount spent in such calendar year on activities by the Islamic Revolutionary Guard Corps, including activities providing support for—
added
Hezbollah;
added
Houthi rebels in Yemen;
added
Hamas;
added
proxy forces in Iraq and Syria; or
added
any other entity or country the Secretary determines to be relevant.
added
The amount spent in such calendar year for ballistic missile research and testing or other activities that the Secretary of State determines are destabilizing to the Middle East region.
added
Form—
added
In general— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Inclusion in annual country reports on terrorism— The Secretary of State may issue the reports required under subsection (a) by including such reports in the annual reports required by section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).
added
Expiration date— The date described in this subsection is the date on which the Secretary of State determines that the Government of Iran no longer provides support for international terrorism pursuant to the following:
added
Section 6(j) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
added
Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
added
Section 40 of the Arms Export Control Act (22 U.S.C. 2780).
Sec. 1230F Imposition of sanctions
added
added
Imposition of sanctions—
added
In general— Beginning on the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in paragraph (2) with respect to As-Saib Ahl al-Haq and Harakat Hizballah al-Nujaba and foreign persons that are officials, agents, affiliates of, or owned or controlled by As-Saib Ahl al-Haq or Harakat Hizballah al-Nujaba, as the case may be.
added
Sanctions described— The sanctions described in this paragraph are sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).
added
Exception— The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods (as such term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.))).
added
Additional reporting—
added
In general— Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of Senate a report that includes a detailed list of global entities with respect to which there is a reasonable basis to determine that Iran’s Islamic Revolutionary Guard Corps has an ownership interest in such entity of not less than 33 percent.
added
Form— The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Sec. 1230G Report on United States strikes against Syria
addedadded Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report providing a detailed explanation of the legal basis under both domestic and international law for the strikes conducted by the United States against Syrian regime targets on April 6, 2017, and April 13, 2018, including a detailed legal analysis of relevant authorities and precedents. Such report shall be unclassified, but may include a classified annex.
Sec. 1230H Report on United States military strikes against Syria
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report regarding the United States military strikes on Syria on April 13, 2018. Such report should address the following:
added
An identification of the objectives of such strikes.
added
An examination of whether such objectives were achieved.
added
An examination of any tactical advantages gained by such strikes.
added
An assessment of the extent to which Syrian military operations were affected by such strikes, including if such strikes had any lasting impact on such operations.
added
An identification of the legal justification for such strikes.
Sec. 1230I Report on evolving financing mechanisms leveraged by the Islamic State and affiliate entities
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of the Treasury, and the Secretary of State, in coordination with other appropriate Federal officials, shall jointly submit to Congress a report that contains an assessment regarding—
added
the current funding mechanisms used by the Islamic State and affiliated entities;
added
the most likely future financing mechanisms available to the Islamic State and affiliated entities; and
added
United States efforts to deny access to such funding mechanisms.
Sec. 1231 Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea
changed
Extension—Prohibition— Section 1209(a) None of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization funds authorized to be appropriated by this Act or otherwise made available for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as most recently amended by section 1221(a) of fiscal year 2019 for the National Department of Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2485), is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea.
added
Waiver— The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary—
added
determines that to do so is in the national security interest of the United States; and
added
submits a notification of the waiver, at the time the waiver is invoked, to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
removed
Limitation on use of funds in general—
removed
Limitation— None of the funds authorized to be appropriated for fiscal year 2019 for the Department of Defense may be obligated or expended for activities under the authority in section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (a), until the later of the following:
removed
The date on which the President submits the report on United States strategy in Syria required by section 1221 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1650).
removed
The date that is 30 days after the date on which the Secretary of Defense submits the report described in paragraph (2).
removed
Report—
removed
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the following:
removed
A description of the efforts the United States will undertake to train and equip appropriately vetted Syrian opposition forces, and a description of any roles or contributions of partner countries with respect to such efforts.
removed
A detailed description of the internal security forces of the vetted Syrian opposition to be trained and equipped under such authority, including a description of their geographic locations, demographic profiles, political affiliations, current capabilities, and relation to the objectives under the authority in section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (a).
removed
An assessment of the current operational effectiveness of such forces and their command and control structures.
removed
A detailed description of planned capabilities, including categories of training, equipment, financial support, sustainment, and supplies intended to be provided to the elements of the vetted Syrian opposition under such authority, and timelines for delivery.
removed
A description of the planned posture of United States forces and the planned level of engagement by such forces with the elements of the vetted Syrian opposition, including the oversight of equipment provided under such authority and the activities conducted by such vetted Syrian opposition forces.
removed
An explanation of the processes and mechanisms for local commanders of the vetted Syrian opposition to exercise command and control of the elements of the vetted Syrian opposition after such elements of the vetted Syrian opposition have been trained and equipped under such authority.
removed
An explanation of complementary local governance and other stabilization activities in areas in which elements of the local internal security forces trained and equipped under such authority will be operating and the relation of such local governance and other stabilization activities to the oversight of such security forces.
removed
Form— The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
removed
Reprogramming requirement— Subsection (f) of such section 1209, as most recently amended by section 1221 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2485), is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.
removed
Quarterly progress report—
removed
In general— The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees and leadership of the House of Representatives and the Senate a progress report under section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015. Such progress report shall, based on the most recent quarterly information, include an assessment of the following:
removed
Whether, during the 90-day period, demonstrable progress was made—
removed
to retake control of territory in Syria from the Islamic State of Iraq and Syria (ISIS); or
removed
to stabilize areas in Syria formerly held by the Islamic State of Iraq and Syria.
removed
Whether, during such period, the vetted Syrian opposition tasked with conducting local security operations that United States forces are training and equipping under the authority in section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (a), were demographically representative of the local communities and serve local governance bodies that are similarly representative of the local communities.
removed
Whether, during such period, the Department of Defense took actions to mitigate any pause in offensive operations against the Islamic State of Iraq and Syria through alternative approaches to the training, equipping, and assistance of the vetted Syrian opposition.
removed
Whether, during such period, support provided under the authority referred to in subparagraph (B) was consistent with United States standards regarding respect for human rights, rule of law, and support for stable and equitable governance.
removed
Whether, during such period, members of the vetted Syrian opposition receiving support under the authority referred to in subparagraph (B) demonstrated respect for human rights and rule of law, violations of human rights and rule of law by such members were appropriately investigated, and the individuals responsible for such violations were appropriately held accountable.
removed
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
removed
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1232 Limitation on availability of funds relating to implementation of the Open Skies Treaty
changed
Report Prohibition on accountability for war crimes, crimes against humanity, and genocide in Syria—Activities to Modify United States Aircraft—
changed
In general— The Secretary None of State shall submit a report on war crimes, crimes against humanity, the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and genocide in Syria evaluation, Air Force, for arms control implementation (PE 0305145F), Aircraft Procurement, Air Force (line item C135B0/C-135B), or procurement, Air Force, for digital visual imaging system (BA-05, Line Item #1900) may be obligated or expended to carry out any activities to modify any United States aircraft for purposes of implementing the Open Skies Treaty until the President submits to the appropriate congressional committees not later than 90 days after the date of the enactment of this Act and another such report not later than 180 days after the Secretary of State determines that the violence certification described in Syria has ceased.paragraph (2).
added
Certification—
added
In general— The certification described in this paragraph is a certification of the President that—
added
the President has imposed treaty violations responses and legal countermeasures on the Russian Federation for its violations of the Open Skies Treaty; and
added
the President has fully informed the appropriate congressional committees of such responses and countermeasures.
removed
Elements— The reports required under paragraph (1) shall include—
changed
Delegation— The President may delegate the responsibility for making a description certification under subparagraph (A) to the Secretary of alleged war crimes, crimes against humanity, and genocide perpetrated during the civil war in Syria, including—State.
removed
incidents that may constitute war crimes, crimes against humanity, or genocide committed by the regime of President Bashar al-Assad and all forces fighting on its behalf;
removed
incidents that may constitute war crimes, crimes against humanity, or genocide committed by violent extremist groups, anti-government forces, and any other combatants in the conflict;
removed
any incidents that may violate the principle of medical neutrality and, if possible, the identification of the individual or individuals who engaged in or organized such incidents; and
removed
if possible, a description of the conventional and unconventional weapons used for such crimes and the origins of such weapons; and
removed
a description and assessment by the Department of State Office of Global Criminal Justice, the United States Agency for International Development, the Department of Justice, and other appropriate agencies of programs that the United States Government has undertaken to ensure accountability for war crimes, crimes against humanity, and genocide perpetrated against the people of Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict, including programs—
removed
to train investigators within and outside of Syria on how to document, investigate, develop findings of, and identify and locate alleged perpetrators of war crimes, crimes against humanity, or genocide, including—
removed
the number of United States Government or contract personnel currently designated to work full-time on these issues; and
removed
the identification of the authorities and appropriations being used to support such training efforts;
removed
to promote and prepare for a transitional justice process or processes for the perpetrators of war crimes, crimes against humanity, and genocide in Syria beginning in March 2011;
removed
to document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and genocide in Syria, including support for Syrian, foreign, and international nongovernmental organizations, and other entities, including the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 and the Independent International Commission of Inquiry on the Syrian Arab Republic; and
removed
to assess the influence of accountability measures on efforts to reach a negotiated settlement to the Syrian conflict during the reporting period.
changed
Form—Appropriate congressional committees defined— The reports required under paragraph (1) may be submitted in unclassified or classified form, but shall include a publicly available annex.In this subsection, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Limitation on use of funds to vote or approve certain implementing decisions of the Open Skies Consultative Commission—
added
In general— None of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for fiscal year 2019 may be used to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission pursuant to Article X of the Open Skies Treaty to authorize approval of requests by state parties to the Treaty to certify infra-red or synthetic aperture radar sensors pursuant to Article IV of the Treaty unless and until the following requirements are met:
added
The Secretary of Defense, jointly with the relevant United States Government officials, submits to the appropriate congressional committees the following:
added
A certification that the implementing decision would not be detrimental or otherwise harmful to the national security of the United States.
added
A report on the Open Skies Treaty that includes the following:
added
The annual costs to the United States associated with countermeasures to mitigate potential abuses of observation flights by the Russian Federation carried out under the Treaty over European and United States territories involving infra-red or synthetic aperture radar sensors.
added
A plan, and its estimated comparative cost, to replace the Treaty architecture with an increased sharing of overhead commercial imagery, consistent with United States national security, with covered state parties, excluding the Russian Federation.
added
An evaluation by the Director of National Intelligence of matters concerning how an observation flight described in clause (i) could implicate intelligence activities of the Russian Federation in the United States and United States counterintelligence activities and vulnerabilities.
added
An assessment of how such information is used by the Russian Federation, for what purpose, and how the information fits into the Russian Federation’s overall collection posture.
added
Not later than 90 days before the date on which the United States votes to approve or otherwise adopt any such implementing decision, the President shall submit to the appropriate congressional committees a certification that—
added
the Russian Federation—
added
is in complete compliance with is obligations under the Open Skies Treaty;
added
is not exceeding the imagery limits set forth in the Treaty; and
added
is allowing observation flights by covered state parties over all of Moscow, Chechnya, Kaliningrad, and within 10 kilometers of its border with Georgia’s occupied territories of Abkhazia and South Ossetia without restriction and without inconsistency to requirements under the Treaty;
added
covered state parties have been notified and briefed on concerns of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) regarding infra-red or synthetic aperture radar sensors used under the Open Skies Treaty; and
added
the Russian Federation has agreed to—
added
extradite the 13 Russian citizens indicted on February 16, 2018, by the Department of Justice for undertaking unlawful activities against the United States;
added
remove illegally stationed Russian troops and materiel from Ukraine’s autonomous Republic of Crimea and the city of Sevastopol;
added
cease all material financial support for Russian proxies in Eastern Ukraine; and
added
cease all military or financial support to any state that uses or has used against its own civilian population any agent or substance banned by the Chemical Weapons Convention.
added
Waiver—
added
In general— The President may waive the application of paragraph (1) if the President determines that—
added
the waiver is in the national security of the United States; and
added
the Russian Federation has taken clear and verifiable action to return to full and complete compliance with the Open Skies Treaty.
added
Limitation on delegation— The authority of the President under subparagraph (A) to waive the application of paragraph (1) may not be delegated.
added
Operation of OC-135 aircraft—
removed
Protection of witnesses and evidence— The Secretary shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the Government of Syria, violent extremist groups, anti-government forces, or any other combatants or participants in the conflict.
removed
Transitional justice study— Not later than 180 days after the date of the enactment of this Act, the Secretary of State (acting through appropriate officials and offices, which may include the Office of Global Criminal Justice), after consultation with the Department of Justice, the United States Agency for International Development, and other appropriate Federal agencies, shall—
removed
complete a study of the feasibility and desirability of potential transitional justice mechanisms for Syria, including a hybrid tribunal, to address war crimes, crimes against humanity, and genocide perpetrated in Syria beginning in March 2011; and
removed
submit a detailed report of the results of the study conducted under paragraph (1), including recommendations on which transitional justice mechanisms the United States Government should support, why such mechanisms should be supported, and what type of support should be offered, to—
changed
In general— the Committee on Foreign Relations, the Committee on the Judiciary, and It is the Committee on Appropriations sense of the Senate; andCongress that—
added
the United States continues to conduct observation flights under the Open Skies Treaty using OC-135 aircraft, a fleet now in its 57th year of service; and
added
advances in commercial surveillance technology have surpassed the value of aerial observation under the terms of the Open Skies Treaty and brings into questions the continued use of the OC-135 fleet for this purpose.
added
Report—
added
In general— Not later than January 31, 2019, the Secretary of Defense shall submit to the appropriate congressional committees a report on the state of United States OC-135 aircraft with respect to airworthiness, safety of flight, and maintenance reliability. The report shall also include a recommendation as to the prospective date of retirement of the OC-135 fleet.
added
Definition— In this subparagraph, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Suspension of operation of OC-135 aircraft— The Secretary of Defense is authorized to cease operation of United States OC-135 aircraft under the Open Skies Treaty if continued operation of these aircraft would impose undue risk to personnel or excessive cost.
added
Form— Each certification and report required under this section shall be submitted in unclassified form, but may contain a classified annex if necessary.
removed
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
removed
Technical assistance authorized—
removed
In general— The Secretary of State (acting through appropriate officials and offices, which may include the Office of Global Criminal Justice), after consultation with the Department of Justice and other appropriate Federal agencies, is authorized to provide appropriate assistance to support entities that, with respect to war crimes, crimes against humanity, and genocide perpetrated by the regime of President Bashar al-Assad, all forces fighting on its behalf, and all non-state armed groups fighting in the country, including violent extremist groups in Syria beginning in March 2011—
removed
identify suspected perpetrators of war crimes, crimes against humanity, and genocide;
removed
collect, document, and protect evidence of crimes and preserve the chain of custody for such evidence;
removed
conduct criminal investigations;
removed
build Syria’s investigative and judicial capacities and support prosecutions in the domestic courts of Syria, provided that President Bashar al-Assad is no longer in power;
removed
support investigations by third-party states, as appropriate; or
removed
protect witnesses that may be helpful to prosecutions or other transitional justice mechanisms.
removed
Additional assistance— The Secretary of State, after consultation with appropriate Federal agencies and the appropriate congressional committees, and taking into account the findings of the transitional justice study required under subsection (b), is authorized to provide assistance to support the creation and operation of transitional justice mechanisms, including a potential hybrid tribunal, to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide in Syria beginning in March 2011.
removed
Briefing— The Secretary of State shall provide detailed, biannual briefings to the appropriate congressional committees describing the assistance provided to entities described in paragraph (1).
changed
State Department Rewards for Justice Program—Definitions— Section 36(b)(10) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)(10)) is amended by inserting “(including war crimes, crimes against humanity, or genocide committed in Syria beginning Except as otherwise provided, in March 2011)” after “genocide”.this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Chemical Weapons Convention— The term “Chemical Weapons Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, entered into force on April 29, 1997.
added
Covered state party— The term “covered state party” means a foreign country that—
added
is a state party to the Open Skies Treaty; and
added
is a United States ally.
added
Infra-red or synthetic aperture radar sensor— The term “infra-red or synthetic aperture radar sensor” means a sensor that is classified as—
added
an infra-red line-scanning device under category C of paragraph 1 of Article IV of the Open Skies Treaty; or
added
a sideways-looking synthetic aperture radar under category D of paragraph 1 of Article IV of the Open Skies Treaty.
added
Observation flight— The term “observation flight” has the meaning given such term in Article II of the Open Skies Treaty.
added
Open skies treaty; treaty— The term “Open Skies Treaty” or “Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.
added
Relevant united states government officials— The term “relevant United States Government officials” means the following:
added
The Secretary of Energy.
added
The Secretary of Homeland Security.
added
The Director of the Federal Bureau of Investigation.
added
The Director of National Intelligence.
added
The Commander of U.S. Strategic Command and the Commander of U.S. Northern Command in the case of an observation flight over the territory of the United States.
added
The Commander of U.S. European Command in the case of an observation flight other than an observation flight described in subparagraph (E).
added
Sensor— The term “sensor” has the meaning given such term in Article II of the Open Skies Treaty.
removed
Independent International Commission of Inquiry on the Syrian Arab Republic— The Secretary of State, acting through the United States Permanent Representative to the United Nations, should use the voice, vote, and influence of the United States at the United Nations to advocate that the United Nations Human Rights Council, while the United States remains a member, annually extend the mandate of the Independent International Commission of Inquiry on the Syrian Arab Republic until the Commission has completed its investigation of all alleged violations of international human rights laws beginning in March 2011 in the Syrian Arab Republic.
removed
Effect of section— Nothing in this section shall be construed to violate the American Servicemembers' Protection Act of 2002 (22 U.S.C. 7421 et seq.).
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term appropriate congressional committees means—
removed
the Committee on Foreign Relations; the Committee on Armed Services, and the Committee on the Judiciary of the Senate; and
removed
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on the Judiciary of the House of Representatives.
removed
Genocide— The term genocide means any offense described in section 1091(a) of title 18, United States Code.
removed
Hybrid tribunal— The term hybrid tribunal means a temporary criminal tribunal that involves a combination of domestic and international lawyers, judges, and other professionals to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide.
removed
Transitional justice— The term transitional justice means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes—
removed
to redress legacies of atrocities; and
removed
to promote long-term, sustainable peace.
removed
War crime— The term war crime has the meaning given the term in section 2441(c) of title 18, United States Code.
Sec. 1233 Comprehensive response to the Russian Federation’s material breach of the INF Treaty
changed
Extension—Findings— Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), as most recently amended by section 1222 of Congress finds the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1651), is further amended by striking “December 31, 2019” and inserting “December 31, 2020”.following:
added
James Mattis, Secretary of Defense, testified before the House Armed Services Committee on March 22, 2018, that “we have very modest expectations that they [Russia] would return to [INF] compliance. As a result, in the Nuclear Posture Review, we are looking for a way, at the lowest possible cost, to checkmate them and make it in their best interest to return to compliance.”.
added
The Honorable Daniel Coats, Director of National Intelligence, testified before the Senate Armed Services Committee on March 6, 2018, that the Russian Federation is violating the INF Treaty because “Moscow probably believes that the new GLCM provides sufficient advantages that make it worth the risk of violating the INF Treaty.”.
added
General Hyten, Commander of the United States Strategic Command, also testified before the Senate Armed Services Committee on March 20, 2018, about potential strategic advantages for China stemming from their lack of participation in the INF Treaty by saying that “they do not have any limitations in the INF [Treaty], and they have built significant numbers of intermediate-range ballistic missiles that if they were in the INF [Treaty], they would be contrary to the treaty”.
added
General Joseph Dunford, Chairman of the Joint Chiefs of Staff, testified before the House Armed Services Committee on April 12, 2018, that “we’re not only looking for operational concepts and ways to deal with the Russian violation, but we’re also at least posturing ourselves to develop weapons should they be required”. Secretary of Defense Mattis also stated in that same hearing “our effort will be matched at State Department by movement on arms control and nonproliferation. There are two thrusts to our nuclear strategy…and that’s why those funds have been requested.”.
changed
Funding—Statement of policy— Subsection (g) It is the policy of such section 1236, the United States as most recently so amended, is further amended—follows:
changed
The actions undertaken by striking “for the Department Russian Federation in violation of Defense for Overseas Contingency Operations for fiscal year 2018” the INF Treaty, including the flight-test, production, and inserting “for possession of prohibited systems, have defeated the Department object and purpose of Defense for Overseas Contingency Operations for fiscal year 2019”; andthe INF Treaty, and thus constitute a material breach of the INF Treaty.
changed
by striking “$1,269,000,000” and inserting “$850,000,000”.In light of the Russian Federation’s material breach of the INF Treaty, the United States is legally entitled to suspend the operation of the INF Treaty in whole or in part for so long as the Russian Federation continues to be in material breach of the INF Treaty.
added
For so long as the Russian Federation remains in noncompliance with the INF Treaty, the United States should take actions to encourage the Russian Federation to return to compliance with the INF Treaty, including by—
added
providing additional funds for the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1062) and the Intermediate-Range Nuclear Forces Treaty Preservation Act of 2017 (Public Law 115–91; 131 Stat. 1671); and
added
seeking additional missile defense assets in the European theater needed to fill military capability gaps to protect United States and NATO forces from ground-launched missile systems of the Russian Federation that are in noncompliance with the INF Treaty.
added
Imposition of arms control sanctions—
added
In general— An amount equal to not less than 25 percent of the amount authorized to be appropriated or otherwise made available to the Department of Defense for fiscal year 2019 to provide support services to the Executive Office of the President, other than support services that are required for senior leader communications services, shall be withheld from obligation or expenditure until the date on which the President has submitted to the appropriate congressional committees the certification described in paragraph (2).
removed
Limitation of use of fiscal year 2019 funds— Of the amounts authorized to be appropriated for fiscal year 2019 by this Act for activities under the authority in section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by this section, not more than $450,000,000 may be obligated or expended for such activities until the date on which the Secretary of Defense has submitted to the congressional defense committees each of the following:
changed
Certification described— The report on the United States strategy certification described in Iraq required by the joint explanatory statement of the committee this paragraph is a certification of the conference accompanying Conference Report 115–404.President that—
added
each requirement of section 1290 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2555; 22 U.S.C. 2593e) has been fully implemented and is continuing to be fully implemented;
added
the President has notified the appropriate congressional committees under such section 1290 of the imposition of measures described in subsection (c) of such section with respect to each person identified in a report under subsection (a) of such section, including a detailed description of the imposition of all such measures; and
added
the President has submitted the report required by section 1244(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1674) (relating to report on plan to impose additional sanctions with respect to the Russian Federation).
removed
A report setting forth the following:
removed
An explanation of the purpose of a continuing United States military presence in Iraq, including—
removed
an explanation of the national security objectives of the United States with respect to Iraq;
removed
a detailed description of—
removed
the size of a continuing United States military presence in Iraq; and
removed
the roles and missions associated with a continuing United States military presence in Iraq; and
removed
a delineation of the responsibilities in connection with a continuing United States military presence in Iraq of—
removed
the Combined Joint Task Force Operation Inherent Resolve (or a successor task force);
removed
the Office of Security Cooperation in Iraq; and
removed
other United States embassy-based military personnel.
removed
An identification of the specific units of the Iraqi Security Forces to receive training and equipment or other support in fiscal year 2019.
removed
A plan for ensuring that any vehicles and equipment provided to the Iraqi Security Forces pursuant to that authority are maintained in subsequent fiscal years using funds of Iraq.
removed
An estimate, by fiscal year, of the funding anticipated to be required for support of the Iraqi Security Forces pursuant to that authority during the five fiscal years beginning with fiscal year 2020.
removed
A detailed plan for the obligation and expenditure of the funds requested for fiscal year 2019 for the Department of Defense for Operational Sustainment of the Iraqi Security Forces.
removed
A plan for the transition to the Government of Iraq of responsibility for funding for Operational Sustainment of the Iraqi Security Forces for fiscal years after fiscal year 2019.
removed
A description of any actions carried out under this paragraph.
changed
Sense of Congress—Definitions— It is the sense of the Congress that—In this section:
changed
Appropriate congressional committees— the Peshmerga forces of the Kurdistan Region of Iraq have made, and continue to make, significant contributions to the United States-led campaign to degrade, dismantle, and ultimately defeat the Islamic State of Iraq and Syria (ISIS) in Iraq;The term appropriate congressional committees means—
added
the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
changed
INF Treaty— a lasting defeat The term INF Treaty means the Treaty between the United States of ISIS is critical to maintaining a stable America and tolerant Iraq in which all faiths, sects, the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and ethnicities are afforded equal protection Shorter-Range Missiles, signed at Washington December 8, 1987, and full integration entered into the Government and society of Iraq; andforce June 1, 1988.
changed
New START Treaty— in support of counter-ISIS operations and in conjunction with The term New START Treaty means the Central Government of Iraq, Treaty between the United States should continue to provide operational sustainment, as appropriate, to the Ministry of Peshmerga forces of the Kurdistan Region of Iraq so that the Peshmerga forces can more effectively partner with America and the Iraqi Security Forces, Russian Federation on Measures for the United States, and other international Coalition members to consolidate gains, hold territory, and protect infrastructure from ISIS Further Reduction and its affiliates in an effort to deal a lasting defeat to ISIS Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and prevent its reemergence in Iraq.entered into force February 5, 2011.
added
Open Skies Treaty— The term Open Skies Treaty means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.
removed
Quarterly progress report—
removed
In general— The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees and leadership of the House of Representatives and the Senate a progress report under section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, which shall be provided in unclassified form with a classified annex if necessary. Such progress report shall, based on the most recent quarterly information, include an assessment of the following:
removed
The extent to which any forces associated with Iran's Revolutionary Guard Corps (IRGC) have been incorporated into the Iraqi Security Forces.
removed
Any instances in which forces associated with Iran's Revolutionary Guard Corps have acquired United States-provided equipment and training.
removed
The extent to which United States-provided equipment is controlled by unauthorized units, determined by vetting required in subsection (e) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, or is not accounted for by the Government of Iraq, including a list of major end items provided to the Government of Iraq that are controlled by unauthorized forces or unaccounted for.
removed
Actions taken by the Government of Iraq to repossess United States-provided equipment from unauthorized forces.
removed
The means by which the United States Armed Forces shares operational information with the Iraqi Security Forces and a description of any known instances in which any forces associated with Iran's Revolutionary Guard Corps have gained unauthorized access to such operational information.
removed
Definition— In this subsection, the term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1234 Modification and extension of Ukraine Security Assistance Initiative
changed
None Section 1250 of the funds authorized to be appropriated or otherwise made available by this National Defense Authorization Act for assistance to the Government of Iraq may be obligated or expended Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068), as most recently amended by section 1234 of the United States to provide assistance to any group that is, or that National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1659), is known to be affiliated with, the Iranian Revolutionary Guard Corps–Quds Force or a state sponsor of terrorism.further amended—
added
in subsection (c)—
added
in paragraph (1), by striking “50 percent of the funds available for fiscal year 2018 pursuant to subsection (f)(3)” and inserting “50 percent of the funds available for fiscal year 2019 pursuant to subsection (f)(4)”;
added
in paragraph (3), by striking “fiscal year 2018” and inserting “fiscal year 2019”; and
added
by adding at the end the following new paragraph:
added “(5) Lethal assistance—Of the funds available for fiscal year 2019 pursuant to subsection (f)(4), $50,000,000 shall be available only for lethal assistance described in paragraphs (2) and (3) of subsection (b).”
added
in subsection (f), by adding at the end the following:
added “(4) For fiscal year 2019, $250,000,000.”
added
in subsection (h), by striking “December 31, 2020” and inserting “December 31, 2021” .
Sec. 1235 Statement of policy on United States military investment in Europe
changed
Extension of authority—Findings— Subsection (f)(1) of section 1215 of Congress finds the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended by striking “fiscal year 2018” and inserting “fiscal year 2019”.following:
added
Both the 2017 National Security Strategy and the 2018 National Defense Strategy highlight the Russian Federation as a long-term strategic competitor to the United States.
added
The Russian Federation uses a whole-of-society approach to influence and attempt to shape the information space, weaken American resolve and confidence in its democracy, and undermine the power and international standing of the United States.
added
Through the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), and the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), Congress has authorized, in total, approximately $9,800,000,000 for the European Reassurance Initiative, now the European Deterrence Initiative, to reassure partners and allies and build a credible deterrent and defense against the Russian Federation.
added
Statement of policy— It is the policy of the United States to develop, implement, and sustain a credible deterrent against aggression and long-term strategic competition by the Government of the Russian Federation in order to enhance regional and global security and stability, including by the following:
removed
Amount available—
removed
In general— Such section is further amended—
removed
in subsection (c), by striking “fiscal year 2018 may not exceed $42,000,000” and inserting “fiscal year 2019 may not exceed $45,300,000”; and
removed
in subsection (d), by striking “fiscal year 2018” and inserting “fiscal year 2019”.
changed
Limitation of use of fiscal year 2019 funds pending reports— Of the amount available for fiscal year 2019 for section 1215 of the National Defense Authorization Act for Fiscal Year 2012, as amended by this section, not more than an amount equal to 25 percent of such amount may be obligated or expended for the Office of Security Cooperation Increased United States presence in Iraq until 30 days after the later of—Europe through additional permanently stationed forces, including logistics enablers and a combat aviation brigade.
added
Continued United States presence in Europe through rotational forces.
added
Increased United States pre-positioned military equipment, including munitions, logistics enablers, and a division headquarters.
added
Sufficient and necessary infrastructure additions and improvements throughout Europe.
added
Increased investment and prioritization to counter indirect action (such as information operations intended to influence), including sufficient cyber, counter-propaganda, and intelligence resources.
added
Sufficient security cooperation resources and opportunities with partners and allies, including with member countries of the North Atlantic Treaty Organization.
removed
the date on which the report on the United States strategy on Iraq required by the joint explanatory statement of the committee of the conference accompanying Conference Report 115–404 is submitted to the congressional defense committees; and
removed
the date on which the report required by subsection (d)(1) is submitted to the appropriate committees of Congress.
removed
Source of funds— Subsection (d) of such section is amended by striking “fiscal year 2018” and inserting “fiscal year 2019”.
removed
Report—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in cooperation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the Office of Security Cooperation in Iraq.
removed
Elements— The report required by paragraph (1) shall include the following:
removed
A description of the enduring planned size and missions of the Office of Security Cooperation in Iraq after the cessation of major combat operations against the Islamic State of Iraq and Syria.
removed
A description of the relationship between the Office of Security Cooperation in Iraq and any planned enduring presence of other United States forces in Iraq.
removed
A detailed description of any activity to be conducted by the Office of Security Cooperation in Iraq in fiscal year 2019.
removed
A plan and timeline for the normalization of the Office of Security Cooperation in Iraq to conform to other offices of security cooperation, including the transition of funding from the Department of Defense to the Department of State by the beginning of fiscal year 2020.
removed
Such other matters with respect to the Office of Security Cooperation in Iraq as the Secretary of Defense and the Secretary of State consider appropriate.
removed
Appropriate committees of Congress defined— In this section, the term “appropriate committees of Congress” means—
removed
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
removed
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1236 Imposition of sanctions with respect to certain persons providing sophisticated goods, services, or technologies for use in the production of major defense equipment or advanced conventional weapons
added
Report on sanctioned persons relating to Russian Federation’s noted violation of the INF Treaty—
added
Report—
added
In general— Not later than 120 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a list of persons described in section 1290(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 related to the Russian Federation’s noted violation of the INF Treaty, as noted in the 2016 Report on Adherence to and Compliance With Arms Control, Nonproliferation, and Disarmament Agreements and Commitments.
added
Form— The report required by subparagraph (A) shall be provided in unclassified form, but may contain a classified annex.
added
Appropriate congressional committees defined— In this paragraph, the term “appropriate congressional committees” has the meaning given such term in section 1290(h) of the National Defense Authorization Act for Fiscal Year 2017.
added
INF Treaty defined— In this subsection, the term “INF Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the ‘‘Intermediate- Range Nuclear Forces (INF) Treaty’’, signed at Washington December 8, 1987, and entered into force June 1, 1988.
added
Report on supply chains for Russian arms sales programs—
added
In general— Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains the following:
added
An analysis of the foreign and domestic supply chains in the Russian Federation that directly or indirectly significantly facilitates, supports, or otherwise aids the Government of the Russian Federation’s development, export, sale, or transfer of major defense equipment or advanced conventional weapons.
added
A description of the geographic distribution of the foreign and domestic supply chains described in subparagraph (A), including sources of sophisticated goods, services, or technologies used for or by Russia for the development, export, sale, or transfer of such equipment or weapons.
added
An assessment of the ability of the Russian Government to domestically manufacture or otherwise produce the goods, services, or technology necessary to support the development, export, sale, or transfer of such equipment or weapons.
added
Form— The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
added
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
added
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
added
the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Imposition of sanctions with respect to certain persons providing sophisticated goods, services, or technologies for use in the production of major defense equipment or advanced conventional weapons—
added
Identification—
added
In general— Not later than 60 days after the date of the submission of the report under subsection (b), and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report that identifies each foreign person and each agency or instrumentality of a foreign state that the President determines is a foreign person or an agency or instrumentality of a foreign state described in subparagraph (B).
added
Foreign person or agency or instrumentality of a foreign state described— A foreign person or an agency or instrumentality of a foreign state described in this subparagraph is a foreign person or an agency or instrumentality of a foreign state that—
added
knowingly sells, leases, or otherwise provides significant sophisticated goods, services, or technology, to any entities owned or controlled by the Government of the Russian Federation; or
added
engages in a significant transaction or transactions to sell, lease, or otherwise provide such sophisticated goods, services, or technologies, to entities beneficially owned by the Russian Federation,
added
Form— The report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.
added
Exception—
added
In general— The President shall not be required to identify a foreign person or an agency or instrumentality of a foreign state in a report pursuant to subparagraph (A) if—
added
the foreign person or the agency or instrumentality of a foreign state notifies the United States Government in advance that it proposes to engage in an activity under subparagraph (B)(i) or a transaction under subparagraph (B)(ii); and
added
the President determines and notifies the appropriate congressional committees in classified form prior to the foreign person or agency or instrumentality of a foreign state engaging in the activity under subparagraph (B)(i) or transaction under subparagraph (B)(ii) that such activity or transaction is in the national interests of the United States.
added
Non-applicability— The exception under clause (i) shall not apply with respect to—
added
an agency or instrumentality of a foreign state the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other relevant provision of law; or
added
any activity under subparagraph (B)(i) or transaction under subparagraph (B)(ii) that involves, directly or indirectly, a foreign state described in subclause (I).
added
Sanctions imposed—
added
In general— Except as provided in subparagraph (C), not later than 180 days after the date of the submission of the report under subsection (b), and annually thereafter for 8 years, the President shall impose one or more of the sanctions described in subparagraph (B) with respect to any foreign person or agency or instrumentality of a foreign state identified pursuant to paragraph (1).
added
Sanctions described— The sanctions described in this subparagraph are the following:
added
No sales of any defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) may be made to the foreign person or agency or instrumentality of the foreign state.
added
No licenses for export of any item on the United States Munitions List that include the foreign person or agency or instrumentality of the foreign state as a party to the license may be granted.
added
No exports may be permitted to the foreign person or agency or instrumentality of the foreign state of any goods or technologies controlled for national security reasons under the Export Administration Regulations, except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities).
added
added
The President may exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person or agency or instrumentality of the foreign state if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
added
added
The authority to impose sanctions under subclause (I) shall not include the authority to impose sanctions relating to the importation of goods.
added
In item (aa), the term “good” has the meaning given such term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
added
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under this section to carry out subclause (I) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
added
Except as provided in subparagraph (I), the President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out subclause (I).
added
Exceptions— The President shall not be required to apply sanctions with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to paragraph (1)—
added
added
if the President certifies to the appropriate congressional committees that the foreign person or agency or instrumentality of the foreign state—
added
is no longer carrying out activities or transactions for which the sanctions were imposed pursuant to this paragraph; or
added
has taken and is continuing to take significant verifiable steps toward terminating the activities or transactions for which the sanctions were imposed pursuant to this paragraph; and
added
the President has received reliable assurances from the foreign person or the agency or instrumentality of the foreign state that it will not carry out any activities or transactions for which sanctions may be imposed pursuant to this paragraph in the future;
added
in the case of procurement of defense articles or defense services by the United States Government under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States, if the President determines in writing to the appropriate congressional committees that—
added
the foreign person or agency or instrumentality of a foreign state to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; and
added
it is in the national interest and the President certifies such determination in writing to the appropriate congressional committees; or
added
if the President certifies in writing to the appropriate congressional committees that the identification of the foreign person or agency or instrumentality of a foreign state would impede the supply by any entity of the Russian Federation of a product or service, or the procurement of such product or service, by the Government of the United States—
added
for purposes of civil aviation safety; or
added
in connection with any space launch conducted for the Government of the United States.
added
Waiver— The President may waive the application of paragraph (2) for renewable periods not to exceed 180 days with respect to a foreign person or foreign persons, or agency or instrumentality of a foreign state, if the President—
added
determines that the waiver is important to the national security of the United States; and
added
before the waiver takes effect, briefs the appropriate congressional committees on the waiver and the reason for the waiver.
added
Definitions— In this subsection:
added
Advanced conventional weapons— The term “advanced conventional weapons” includes—
added
such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons that the President determines enhance offensive capabilities in destabilizing ways;
added
such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems that the President determines enhance offensive capabilities in destabilizing ways;
added
the S–300 and S–400 missile defense systems and air superiority fighters; and
added
such other items or systems as the President may, by regulation, determine necessary for purposes of this subsection.
added
Agency or instrumentality of a foreign state— The term “agency or instrumentality of a foreign state” has the meaning given such term in section 1603(b) of title 28, United States Code.
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate; and
added
the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.
added
Foreign person— The term “foreign person” means—
added
an individual who is not a United States person; or
added
a corporation, partnership, or other nongovernmental entity which is not a United States person.
added
Major defense equipment— The term “major defense equipment” has the meaning given such term under section 120.8 of title 22, Code of Federal Regulations (as in effect on the date of the enactment of this Act).
added
Person— The term “person” means—
added
a natural person;
added
a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
added
any successor to any entity described in clause (ii).
added
United States person— The term “United States person” means—
added
a United States citizen or an alien lawfully admitted for permanent residence to the United States;
added
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or
added
any person in the United States.
added
Determination of sophisticated— The Secretary of State, with the concurrence of the Secretary of Defense and in coordination with the heads of other relevant Federal agencies, shall promulgate regulations to determine if a good, service, or technology is sophisticated for purposes of this section.
added
Determination of beneficial ownership— Not later than 90 days after the date of the enactment of this Act, the President shall promulgate regulations for determining beneficial ownership of an entity described in paragraph (1)(B)(ii) to be less than fifty percent ownership.
added
Cooperation— The Secretary of State shall seek to consult and cooperate with United States allies and partners to impose sanctions as required under this subsection and to maximize the effect of these sanctions.
added
Effective date— This subsection takes effect on the date of the enactment of this Act and applies with respect to activities and transactions described in paragraph (1) that are carried out on or after such date of enactment.
added
Additional measures for the purchase of certain defense articles or defense services from Russia—
added
In general— In the case of an agency or instrumentality of the Islamic Republic of Iran or of any other state sponsor of terrorism that engages in the activities described in paragraph (2), the President shall, pursuant to section 6 of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), require a license under the Export Administration Regulations to export, re-export, or transfer to that foreign state, or specific sectors of that foreign state, any item subject to the Export Administration Regulations other than food, medicine, or medical devices.
added
Activities described— The activities described in this paragraph are the purchase, lease, or acquisition, on or after March 6, 2014, of major defense equipment or advanced conventional weapons from the Russian Federation.
added
Suspension of application— The President may suspend the application of the measures described in paragraph (1) for renewable periods not to exceed 180 days if the President determines and reports to the appropriate congressional committees that it is in the national security interest of the United States to do so.
added
Rule of construction— Nothing in this subsection shall be construed to apply to reexports of foreign manufactured items by non-United States persons that contain less than 10 percent United States-origin content, or previously licensed exports, reexports, or transfers.
added
Definitions— In this subsection:
added
Advanced conventional weapons— The term “advanced conventional weapons” has the meaning given such term in subsection (c).
added
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Export administration regulations— The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act).
added
Major defense equipment— The term “major defense equipment” has the meaning given such term in subsection (c).
added
State sponsor of terrorism— The term “state sponsor of terrorism” means a country the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other relevant provision of law.
added
Effective date— The licensing requirement under paragraph (1) shall take effect not later than 90 days after the date of the enactment of this Act.
added
Special rule to allow for termination of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation— Section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525) is amended—
added
by redesignating subsections (d) and (e) as subsection (e) and (f), respectively; and
added
by inserting after subsection (c), as amended, the following new subsection:
added “(d) Special rule to allow for termination of sanctionable activity
added “(1) Certification—The President shall not be required to apply sanctions to a person described in subsection (a) for renewable periods not to exceed 180 days with respect to the person if the President certifies in writing to the appropriate congressional committees that—
added “(A) the person—
added “(i) is no longer engaging in the activity described in subsection (a);
added “(ii) has taken and is continuing to take significant verifiable steps toward terminating the activity described in that subsection; or
added “(iii) has agreed to reduce reliance upon Russian defense or intelligence sectors of the Government of the Russian Federation trade over a specified period;
added “(B) the person is taking specified actions to further the enforcement of this section; and
added “(C) the President has received reliable assurances from the government with primary jurisdiction over the person that the person will not engage in any activity described in subsection (a) in the future outside of the parameters of any actions specified in subparagraph (A)(ii) or (iii) of such certification.
added “(2) Form—The certification described in paragraph (1) shall be transmitted in an unclassified form, and may contain a classified annex.”
added
Exception relating to importation of goods— No provision affecting sanctions under this section or an amendment made by this section shall apply to any portion of a sanction that affects the importation of goods.
added
Termination— This section, including the authority to impose sanctions under this section and any sanctions so imposed, and any amendment made by this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
removed
Section 1245(b) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is amended—
removed
in paragraph (3)(B), by inserting “the Houthis,” after “Hamas,”; and
removed
in paragraph (7)—
removed
by inserting “the Russian Federation,” after “Pakistan,”; and
removed
by inserting “trafficking or” before “development”.
Sec. 1237 Extension of limitation on military cooperation between the United States and the Russian Federation
added Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), as amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “or 2018” and inserting “, 2018, or 2019”.
removed
Strategy authorized—
removed
In general— The Secretary of Defense, with the concurrence of the Secretary of State, may develop a strategy with foreign partners to counter the destabilizing activities of Iran.
removed
Elements— The strategy described in paragraph (1)—
removed
should identify specific countries in which Iran and Iranian-backed entities are operating; and
removed
should establish a cooperative framework that includes, as appropriate—
removed
investing in intelligence, surveillance, and reconnaissance capabilities;
removed
investing in mine countermeasures resources and platforms;
removed
investing in integrated air and missile defense platforms and technologies;
removed
sharing intelligence and data between the United States and such foreign countries;
removed
investing in cyber security and cyber defense capabilities;
removed
engaging in combined planning and exercises;
removed
engaging in defense education, institution building, doctrinal development, and reform; and
removed
assessing Iran’s destabilizing activities in the countries identified under subparagraph (A) and the implications thereof.
removed
Report— Not later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2021, the Secretary of Defense, in consultation with the Secretary of State, should submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on actions taken to enhance cooperation and encourage military-to-military engagement between the United States and foreign partners with the goal of countering the destabilizing actions of Iran and, if applicable, the strategy authorized by subsection (a).
Sec. 1238 Sense of Congress regarding Russia’s violations of the Chemical Weapons Convention
added
added
Findings— Congress finds the following:
added
The United States ratified the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, known as the “Chemical Weapons Convention”, on April 24, 1997.
added
The Russian Federation ratified the Chemical Weapons Convention on November 5, 1997.
added
Article 1 of the Chemical Weapons Convention requires all signatories to “never under any circumstances * * * use chemical weapons”.
added
Russia’s stock of chemical weapons has been implicated in the assassination or injuries of the following individuals:
added
Sergei Skripal, Yulia Skripal, and Wiltshire Police Detective Sergeant Nicholas Bailey, poisoned using the nerve agent “novichok” in Salisbury, England, in March 2018.
added
Alexander Litvinenko, poisoned using polonium, in London, England, in November 2006, about whose death a January 2016 inquest ordered by the British Parliament concluded “the FSB operation to kill Mr Litvinenko was probably approved by Mr Patrushev [then-director of the FSB] and also by President Putin”.
added
Russia has also demonstrated its disregard for the obligations imposed by the Chemical Weapons Convention by—
added
continuing to provide military and diplomatic support for Syrian President Bashar al-Assad, who has used chemical weapons including chlorine gas and sarin against Syrian citizens;
added
actively working to hinder the efforts of inspectors of the Organization for the Prohibition of Chemical Weapons in Syria; and
added
consistently using its veto power at the United Nations Security Council to prevent effective international action against Assad for such activities.
added
The Condition 10(C) Report on Compliance with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction published by the Department of State in March 2018 asserts that “Based on available information, the United States cannot certify that Russia has met its obligations under the Chemical Weapons Convention for declaration of its: (1) [chemical weapons production facilities]; (2) [chemical weapons] development facilities; and (3) [chemical weapons] stockpiles. In fact, due to Russia’s March 4, 2018, use of a military-grade nerve agent to attack two individuals in the United Kingdom, the United States certifies that the Russian Federation is in non-compliance with its obligations under the [Chemical Weapons Convention].”.
added
Sense of Congress— It is the sense of Congress that the Russia’s actions constitute violations of Russia’s obligations under the Chemical Weapons Convention.
Sec. 1239 United States actions regarding material breach of INF Treaty by the Russian Federation
added
added
United States actions— If the President does not certify to the appropriate congressional committees that the Russian Federation has returned to full and verifiable compliance with the INF Treaty within one year of the date of the enactment of this Act, the prohibitions set forth in Article VI of the INF Treaty shall no longer be binding on the United States as a matter of United States law.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
INF Treaty— The term “INF Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the “Intermediate-Range Nuclear Forces (INF) Treaty”, signed at Washington December 8, 1987, and entered into force June 1, 1988.
Sec. 1240 Limitation on availability of funds to extend the implementation of the New Start Treaty
added
added
Findings— Congress finds the following:
added
The New START Treaty provides that, “[w]hen a Party believes that a new kind of strategic offensive arm is emerging, that Party shall have the right to raise the question of such a strategic offensive arm for consideration in the Bilateral Consultative Commission”.
added
Russian Federation President Vladimir Putin stated in a March 1, 2018, public speech that—
added
“I will speak about the newest systems of Russian strategic weapons that we are creating * * * we have embarked on the development of the next generation of missiles.”;
added
“We started to develop new types of strategic arms that do not use ballistic trajectories at all when moving toward a target.”;
added
“One of them is a small-scale heavy-duty nuclear energy unit that can be installed in a missile like our latest X-101 air-launched missile * * * In late 2017, Russia successfully launched its latest nuclear-powered missile at the central training ground. During its flight, the nuclear-powered engine reached its design capacity and provided the necessary propulsion.”;
added
“[i]n December 2017, an innovative nuclear power unit for this unmanned underwater vehicle completed a test cycle that lasted many years * * * [t]he tests that were conducted enabled us to begin developing a new type of strategic weapon that would carry massive nuclear ordnance”;
added
“[b]y the way, we have yet to choose names for these two new strategic weapons, the global range cruise missile and the unmanned underwater vehicle. We are waiting for suggestions from the Defence Ministry”;
added
“A real technological breakthrough is the development of a strategic missile system with fundamentally new combat equipment—a gliding wing unit, which has also been successfully tested * * * [w]e called it the Avangard”; and
added
“I want to specifically emphasise that the newly developed strategic arms—in fact, new types of strategic weapons—are not the result of something left over from the Soviet Union. Of course, we relied on some ideas from our ingenious predecessors. But everything I have described today is the result of the last several years, the product of dozens of research organisations, design bureaus and institute.”.
added
During the House Armed Services Committee hearing on April 12, 2018, Secretary of Defense James Mattis was asked whether Russia should honor the terms of the treaty and limit its new strategic offensive arms under the New START Treaty as it requires and he stated “Sir, I believe they should.”.
added
Limitation— None of the funds authorized to be appropriated or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to extend the implementation of the New START Treaty unless and until the President—
added
certifies to the appropriate congressional committees that—
added
the President has raised the issue of covered Russian systems in the appropriate fora with the Russian Federation under Article V of the New START Treaty or otherwise; and
added
the Russian Federation has responded in writing to the United States as to whether they will agree to declare the covered Russian systems as strategic offensive arms or otherwise pursuant to the New START Treaty;
added
submits a copy of the written response of the Russian Federation described in paragraph (1)(B) to the appropriate congressional committees; and
added
notifies the appropriate congressional committees as to whether the position of the Russian Federation threatens the viability of the New START Treaty or requires appropriate United States political, economic, or military responses.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Covered Russian systems— The term “covered Russian systems” means the following:
added
The heavy intercontinental missile system known as “Sarmat” or otherwise identified.
added
An air-launched nuclear-powered cruise missile known as “X-101” or otherwise identified.
added
An unmanned underwater vehicle known as “Status 6” or otherwise identified.
added
The long-distance guided flight hypersonic weapons system known by “Avanguard” or otherwise identified.
added
New START Treaty— The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011.
Sec. 1241 Report on Kremlin-linked corruption
changed
Prohibition—Sense of Congress— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to implement any activity that recognizes It is the sovereignty sense of the Russian Federation over Crimea.Congress that—
added
the intelligence community should dedicate resources to further expose key networks which the corrupt political class in Russia uses to hide the money it steals; and
added
the President should pursue efforts to stifle Russian use of hidden financial channels, including anonymous shell companies and real estate investments, in a manner similar to the efforts undertaken to tighten banking regulations after the terrorist attacks on September 11, 2001.
changed
Waiver—Report— The Secretary Not later than 60 days after the date of Defense, with the concurrence enactment of this Act, the Secretary of State, may waive the prohibition under subsection (a) if Treasury, in coordination with the Secretary of Defense—State and in consultation with the Director of National Intelligence, shall submit a report to Congress on assets owned by Vladimir Putin, Russian oligarchs, and senior officials of the Russian Government, including—
changed
determines that with respect to do so is in the national security interest bank accounts, real estate holdings, and other financial assets, including those outside of the United States; andRussia, that are owned by or accessible to Putin—
added
the location of such accounts, holdings, or assets; and
added
the contents of such accounts or the amount held through such holdings or assets;
changed
submits to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services location, size, and the Committee on Foreign Affairs of the House contents of Representatives a notification any assets of the waiver, along with a justification any oligarch listed pursuant to section 241 of the reason for seeking such waiver, at the time the waiver is invoked.Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 131 Stat. 922); and
added
any “front” or shell companies, or other intermediaries, used by senior officials of the Russian Government to hide assets from public disclosure.
added
Form— The report required under subsection (b) shall be submitted in classified form.
added
Reasonable attempt to issue unclassified report— Not later than 60 days after the date of the submission of the report required under subsection (b), the Secretary of the Treasury shall—
added
publish an unclassified version of such report on a publicly available website of the Department of the Treasury; or
added
submit a notification to Congress describing the reasons for which the Secretary has determined that such release is not possible.
Sec. 1242 Report on Russia’s support for the Taliban and other destabilizing activities in Afghanistan
added The Secretary of State and the Secretary of Defense shall jointly submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations a report on Russia’s support for the Taliban and other destabilizing activities in Afghanistan.
removed
Prohibition on Activities to Modify United States Aircraft—
removed
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for arms control implementation (PE 0305145F), Aircraft Procurement, Air Force (line item C135B0/C-135B), or procurement, Air Force, for digital visual imaging system (BA-05, Line Item #1900) may be obligated or expended to carry out any activities to modify any United States aircraft for purposes of implementing the Open Skies Treaty until the President submits to the appropriate congressional committees the certification described in paragraph (2).
removed
Certification—
removed
In general— The certification described in this paragraph is a certification of the President that—
removed
the President has imposed treaty violations responses and legal countermeasures on the Russian Federation for its violations of the Open Skies Treaty; and
removed
the President has fully informed the appropriate congressional committees of such responses and countermeasures.
removed
Delegation— The President may delegate the responsibility for making a certification under subparagraph (A) to the Secretary of the State.
removed
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
Limitation on use of funds to vote or approve certain implementing decisions of the Open Skies Consultative Commission—
removed
In general— None of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for fiscal year 2019 may be used to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission pursuant to Article X of the Open Skies Treaty to authorize approval of requests by state parties to the Treaty to certify infra-red or synthetic aperture radar sensors pursuant to Article IV of the Treaty unless and until the following requirements are met:
removed
The Secretary of Defense, jointly with the relevant United States Government officials, submits to the appropriate congressional committees the following:
removed
A certification that the implementing decision would not be detrimental or otherwise harmful to the national security of the United States.
removed
A report on the Open Skies Treaty that includes the following:
removed
The annual costs to the United States associated with countermeasures to mitigate potential abuses of observation flights by the Russian Federation carried out under the Treaty over European and United States territories involving infra-red or synthetic aperture radar sensors.
removed
A plan, and its estimated cost through December 31, 2023, to replace the Treaty architecture with an increased sharing of overhead commercial imagery, consistent with United States national security, with covered state parties, excluding the Russian Federation, compared with the current cost of implementing the Open Skies Treaty, including proposed aircraft recapitalization, through December 31, 2023.
removed
An evaluation by the Director of National Intelligence of matters concerning how an observation flight described in clause (i) could implicate intelligence activities of the Russian Federation in the United States and United States counterintelligence activities and vulnerabilities.
removed
An assessment of how such information is used by the Russian Federation, for what purpose, and how the information fits into the Russian Federation’s overall collection posture.
removed
Not later than 90 days before the date on which the United States votes to approve or otherwise adopt any such implementing decision, the President shall submit to the appropriate congressional committees a certification that—
removed
the Russian Federation—
removed
is in complete compliance with is obligations under the Open Skies Treaty;
removed
is not exceeding the imagery limits set forth in the Treaty; and
removed
is allowing observation flights by covered state parties over all of Moscow, Chechnya, Kaliningrad, and within 10 kilometers of its border with Georgia’s occupied territories of Abkhazia and South Ossetia without restriction and without inconsistency to requirements under the Treaty; and
removed
covered state parties have been notified and briefed, consistent with protection of sources and methods, on concerns of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) regarding infra-red or synthetic aperture radar sensors used under the Open Skies Treaty.
removed
Waiver—
removed
In general— The President may waive the application of paragraph (1)(B) if the President determines that—
removed
the waiver is in the national security of the United States; and
removed
the Russian Federation has taken clear and verifiable action to return to compliance with the Open Skies Treaty.
removed
Delegation—
removed
In general— The President may delegate the authority under subparagraph (A) to waive the application of paragraph (1)(B) to the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence.
removed
Report— Not later than 30 days prior to a waiver taking effect pursuant to a delegation of the authority under subparagraph (A) to waive the application of paragraph (1)(B), the Secretary of State, the Secretary of Defense, and the Director of National Intelligence shall submit to the appropriate congressional committees a report that contains the views of such Secretaries and Director with respect to the waiver.
removed
Form— Each certification and report required under this section shall be submitted in unclassified form, but may contain a classified annex if necessary.
removed
Definitions— Except as otherwise provided, in this section:
removed
Appropriate congressional committees— The term “appropriate congressional committees” means—
removed
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
Covered state party— The term “covered state party” means a foreign country that—
removed
is a state party to the Open Skies Treaty; and
removed
is a United States ally.
removed
Infra-red or synthetic aperture radar sensor— The term “infra-red or synthetic aperture radar sensor” means a sensor that is classified as—
removed
an infra-red line-scanning device under category C of paragraph 1 of Article IV of the Open Skies Treaty; or
removed
a sideways-looking synthetic aperture radar under category D of paragraph 1 of Article IV of the Open Skies Treaty.
removed
Observation flight— The term “observation flight” has the meaning given such term in Article II of the Open Skies Treaty.
removed
Open skies treaty; treaty— The term “Open Skies Treaty” or “Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.
removed
Relevant united states government officials— The term “relevant United States Government officials” means the following:
removed
The Secretary of Energy.
removed
The Secretary of Homeland Security.
removed
The Director of the Federal Bureau of Investigation.
removed
The Director of National Intelligence.
removed
The Commander of U.S. Strategic Command and the Commander of U.S. Northern Command in the case of an observation flight over the territory of the United States.
removed
The Commander of U.S. European Command in the case of an observation flight other than an observation flight described in subparagraph (E).
removed
Sensor— The term “sensor” has the meaning given such term in Article II of the Open Skies Treaty.
Sec. 1243 Determination required regarding material breach of INF Treaty by the Russian Federation
removed
removed
Determination required— Not later than January 15, 2019, the President shall submit to the appropriate congressional committees a determination whether—
removed
the Russian Federation is in material breach of its obligations under the INF Treaty; and
removed
the prohibitions set forth in Article VI of the INF Treaty remain binding on the United States as a matter of United States law.
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
INF Treaty— The term “INF Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the “Intermediate-Range Nuclear Forces (INF) Treaty”, signed at Washington December 8, 1987, and entered into force June 1, 1988.
Sec. 1244 Comprehensive response to the Russian Federation’s material breach of the INF Treaty
removed
removed
Sense of Congress— It is the of Congress that—
removed
the actions undertaken by the Russian Federation in violation of the INF Treaty, including the flight-test, production, and possession of prohibited systems, have defeated the object and purpose of the INF Treaty, and thus constitute a material breach of the INF Treaty;
removed
in light of the Russian Federation’s material breach of the INF Treaty, the United States is legally entitled to suspend the operation of the INF Treaty in whole or in part for so long as the Russian Federation continues to be in material breach of the INF Treaty; and
removed
for so long as the Russian Federation remains in violation of the INF Treaty, the United States should take actions to encourage the Russian Federation to return to compliance with the INF Treaty, including by—
removed
providing additional funds for the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1062) and the Intermediate-Range Nuclear Forces Treaty Preservation Act of 2017 (Public Law 115–91; 131 Stat. 1671); and
removed
seeking additional missile defense assets in the European theater needed to fill military capability gaps to protect United States and NATO forces from ground-launched missile systems of the Russian Federation that are in noncompliance with the INF Treaty.
removed
Certification—
removed
In general— Not later than November 1, 2018, the President shall submit to the appropriate congressional committees a certification as to whether each of the requirements described in paragraph (2) have been met.
removed
Requirements described— The requirements described in this paragraph are the following:
removed
Each requirement of section 1290 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2555; 22 U.S.C. 2593e) has been fully implemented and is continuing to be fully implemented.
removed
The President has notified the appropriate congressional committees under such section 1290 of the imposition of measures described in subsection (c) of such section with respect to each person identified in a report under subsection (a) of such section, including a detailed description of the imposition of all such measures.
removed
The President has submitted the report required by section 1244(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1674) (relating to report on plan to impose additional sanctions with respect to the Russian Federation).
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term appropriate congressional committees means—
removed
the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
removed
the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
removed
INF Treaty— The term INF Treaty means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988.
Sec. 1245 Report on implementation of the New START Treaty
removed
removed
Report— Not later than December 31, 2018, the President shall—
removed
submit to the appropriate congressional committees a report as to whether—
removed
the President has raised the issue of covered Russian systems in the appropriate fora with the Russian Federation under Article V of the New START Treaty or otherwise; and
removed
if the President has raised the issue of covered Russian systems as described in subparagraph (A), the Russian Federation has responded to the United States as to whether the Russian Federation will agree to declare the covered Russian systems as strategic offensive arms or otherwise pursuant to the New START Treaty;
removed
notify the appropriate congressional committees as to whether the position of the Russian Federation threatens the viability of the New START Treaty or requires appropriate United States political, economic, or military responses; and
removed
submit to the congressional defense committees a report assessing the extent to which the nuclear modernization and infrastructure recapitalization programs of the Department of Defense and the National Nuclear Security Administration have met the requirements described in the resolution of ratification to accompany the New START Treaty, specifically the requirements described in subsections (a)(9), (a)(11), and (a)(13) of such resolution of ratification.
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
Covered Russian systems— The term “covered Russian systems” means the following:
removed
The heavy intercontinental missile system known as “Sarmat” or otherwise identified.
removed
An air-launched nuclear-powered cruise missile known as “X-101” or otherwise identified.
removed
An unmanned underwater vehicle known as “Status 6” or otherwise identified.
removed
The long-distance guided flight hypersonic weapons system known by “Avanguard” or otherwise identified.
removed
New START Treaty— The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011.
Sec. 1246 Modification and extension of Ukraine Security Assistance Initiative
removed
removed
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068), as most recently amended by section 1234 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1659), is further amended—
removed
in subsection (b)—
removed
by striking paragraph (8);
removed
by redesignating paragraph (12) as paragraph (16);
removed
by redesignating paragraphs (9) through (11) and (13) through (15) as paragraphs (8) through (13), respectively;
removed
by inserting after paragraph (13) (as redesignated by subparagraph (C) of this paragraph) the following new paragraph:
removed
“(14) Training required to maintain and employ systems and capabilities described in paragraphs (1) through (13).”
removed
by redesignating paragraph (16) (as redesignated by subparagraph (B) of this paragraph) as paragraph (15);
removed
in subsection (c)—
removed
in paragraph (1), by striking “50 percent of the funds available for fiscal year 2018 pursuant to subsection (f)(3)” and inserting “50 percent of the funds available for fiscal year 2019 pursuant to subsection (f)(4)”;
removed
in paragraph (2)—
removed
by striking “The certification described” and inserting the following:
removed
“(A) In general—The certification described”
removed
by striking “in such areas” and all that follows through “defense industrial sector” and inserting “in such areas as described in subparagraph (B)”;
removed
by striking “subsection (a).” and inserting the following:
removed
“(B) Areas described—The areas described in this subparagraph are—
removed
“(i) strengthening civilian control of the military;
removed
“(ii) enhanced cooperation and coordination with Verkhovna Rada efforts to exercise oversight of the Ministry of Defense and military forces;
removed
“(iii) increased transparency and accountability in defense procurement;
removed
“(iv) improvement in transparency, accountability, sustainment, and inventory management in the defense industrial sector; and
removed
“(v) protection of proprietary or sensitive technologies as such technologies relate to foreign military sales or transfers.”
removed
by striking “The certification shall” and inserting the following:
removed
“(C) Assessment—The certification shall”
removed
in paragraph (3), by striking “fiscal year 2018” and inserting “fiscal year 2019”; and
removed
by adding at the end the following new paragraph:
removed
“(5) Lethal assistance—Of the funds available for fiscal year 2019 pursuant to subsection (f)(4), $50,000,000 shall be available only for lethal assistance described in paragraphs (2) and (3) of subsection (b).”
removed
in subsection (f), by adding at the end the following:
removed
“(4) For fiscal year 2019, $250,000,000.”
removed
in subsection (h), by striking “December 31, 2020” and inserting “December 31, 2021”.
Sec. 1247 Extension of limitation on military cooperation between the United States and the Russian Federation
removed
removed
Extension— Subsection (a) of section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), as amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended in the matter preceding paragraph (1) by striking “fiscal year 2017 or 2018” and inserting “fiscal year 2017, 2018, or 2019”.
removed
Rule of construction— Such section is further amended—
removed
by redesignating subsection (e) as subsection (f); and
removed
by inserting after subsection (d) the following new subsection (e):
removed
“(e) Rule of construction—Nothing in subsection (a) shall be construed to limit bilateral military-to-military dialogue between the United States and the Russian Federation for the purpose of reducing the risk of conflict.”
Sec. 1248 Sense of Congress on enhancing deterrence against Russian aggression in Europe
removed
removed
Statement of policy— To protect the national security of the United States and fulfill the ironclad commitment of the United States to its obligations under the North Atlantic Treaty, it is the policy of the United States to pursue, in full coordination with the North Atlantic Treaty Organization (NATO), an integrated approach to strengthening the defense of allies and partners in Europe as part of a broader, long-term strategy backed by all elements of United States national power to deter and, if necessary, defeat Russian aggression.
removed
Sense of Congress— It is the sense of Congress that in order to strengthen the defense of United States allies and partners in Europe, the Secretary of Defense, in coordination with the Secretary of State and in consultation with the commander of United States European Command, should—
removed
prioritize the need for additional United States forward presence in Europe, especially increased forward-stationed combat enablers to enhance United States capability and capacity;
removed
review the balance of United States presence in Europe between rotationally deployed and forward-stationed forces to assure allies and partners in Europe and deter Russian aggression;
removed
support robust United States security cooperation with, and security assistance for, Estonia, Latvia, and Lithuania, including through continuous and enduring presence of United States forces, training and support activities of United States special operations forces, and increased joint training and exercises to deter aggression, promote interoperability, build resilience, and enable NATO to take collective action if required;
removed
continue rotational deployments of United States forces to southeastern Europe, including Romania and Bulgaria;
removed
support enhanced defense cooperation with Poland, including continued presence of United States forces in Poland and increased training, exercises, and other activities focused on improving effective joint response in a crisis;
removed
conduct exercises focused on demonstrating the capability to flow United States forces from the continental United States and surge forces from central to eastern Europe in a nonpermissive environment;
removed
focus training activities of United States forces in Europe, including joint training with allied forces, on operating against adversary cyber, electronic warfare, and information operations capabilities;
removed
support robust security sector assistance for Ukraine, including defensive lethal assistance, while promoting necessary reforms of the defense institutions of Ukraine;
removed
support robust security sector assistance for Georgia, including defensive lethal assistance, to strengthen the defense capabilities and readiness of Georgia, and improve interoperability with NATO forces;
removed
execute enhanced military-to-military engagement between the United States and the militaries of the countries of the Western Balkans to promote interoperability with NATO, civilian control of the military, procurement reforms, and regional security cooperation;
removed
develop and implement a comprehensive security cooperation strategy that integrates support for allies and partners in Europe, especially the allies and partners most directly threatened by Russian aggression and malign influence; and
removed
in NATO or through other multilateral formats—
removed
promote reforms to accelerate the speed of decision and deployability within NATO;
removed
promote a more robust NATO defense planning process;
removed
pursue planning agreements with allies and partners in Europe on rules of engagement and arrangements for command and control, access, transit, and support in crisis situations, which occur prior to an invocation of Article 5 of the Washington Treaty by the North Atlantic Council;
removed
promote NATO operational readiness as a key element of alliance burden sharing alongside spending commitments made at the 2014 Wales Summit;
removed
explore transitioning the Baltic air policing mission of NATO to a Baltic air defense mission;
removed
support multilateral efforts to improve maritime domain awareness in the Baltic Sea;
removed
support enhanced NATO-European Union cooperation, especially with respect to capability development and defense planning;
removed
support coordinated NATO and European Union actions on expediting or waiving diplomatic clearances for the movement of United States and allied forces during contingencies;
removed
support cooperative investment frameworks that promote increased military mobility in Europe;
removed
expand cooperation and joint planning with allies and partners on intelligence, surveillance, and reconnaissance;
removed
promote efforts to improve the capability and readiness of NATO Standing Maritime Groups;
removed
encourage regular review and update of the Alliance Maritime Strategy of NATO to reflect the changing military balance in the Black Sea and increased military activity in the North Atlantic and Arctic Oceans;
removed
explore increasing the frequency, scale, and scope of NATO and other multilateral exercises in the Black Sea with the participation of Ukraine and Georgia;
removed
promote integration of United States Marines in Norway with the United Kingdom-led Joint Expeditionary Force to increase multilateral cooperation and interoperability between NATO and regional partners such as Sweden and Finland; and
removed
affirm support for the Open Door policy of NATO, including the eventual membership of Georgia in NATO.
Sec. 1251 Support for Indo-Pacific stability initiative
changed
In general—Sense of Congress— The combatant command known as the United States Pacific Command shall be known as the “United States Indo-Pacific Command”. Any reference to It is the United States Pacific Command in any law, regulation, map, document, record, or other paper sense of the United States shall be considered to be a reference to the United States Indo-Pacific Command.Congress that—
added
the Initiative established pursuant to subsection (b) of section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1676) bolsters the efforts of the United States and its allies and partners in the Indo-Pacific region to deter aggression by providing resources to—
added
increase the presence and capabilities and enhance the posture of the United States Armed Forces in the region;
added
improve military and defense infrastructure, basing, logistics, and access in the Indo-Pacific region in order to enhance the responsiveness and capabilities of the United States Armed Forces; and
added
increase bilateral and multilateral training and exercises with regional allies and partners; and
added
the United States should develop a multi-year strategic plan that specifies resource priorities to meet the objectives and the activities of the Initiative described in subsection (c) of such section 1251.
added
Requirement and resource plan— Not later than March 1, 2019, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a requirement and resource plan that includes the following:
removed
Conforming amendments—
removed
Annual report on non-federalized service national guard personnel, training, and equipment requirements— Section 10504 of title 10, United States Code, as amended by section 1071(a)(31), is further amended in subsection (c), as redesignated by such section, in paragraph (3)(H) by striking “United States Pacific Command” and inserting “United States Indo-Pacific Command”.
changed
Contracting with the enemy— Section 843(4) An analysis of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2302 note) is amended challenges faced by striking “United the United States Pacific Command” to meet the objectives and inserting “United States Indo-Pacific Command”.activities outlined in subsection (c) of such section 1251.
added
The plan, resource requirements, and any additional authorities needed through fiscal year 2024 to address such challenges.
added
Form— The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.
added
Inclusion in budget materials— The Secretary of Defense shall also include the requirement and resource plan required by subsection (b) in the budget materials submitted by the Secretary in support of the budget of the President for fiscal year 2020 (submitted to Congress pursuant to section 1105 of title 31, United States Code).
added
Conforming amendment— Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 is amended by striking “Indo-Asia-Pacific” and inserting “Indo-Pacific” each place it appears.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1252 United States strategy on China
added
Findings— Congress finds the following:
removed
Redesignation as Indo-Pacific Maritime Security Initiative—
removed
In general— Subsection (a)(2) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended by striking “the “Southeast Asia Maritime Security Initiative”” and inserting “the “Indo-Pacific Maritime Security Initiative””.
changed
Conforming amendment— The heading of such section is amended to read as follows:United States has a national strategic interest in ensuring that the United States maintains political, diplomatic, economic, military, and technological advantages over competitive adversaries.
added
The 2018 National Defense Strategy states that “the central challenge to the U.S. prosperity and security is the reemergence of long-term, strategic competition by what the National Security Strategy classifies as revisionist powers. It is increasingly clear that China and Russia want to shape a world consistent with their authoritarian model—gaining veto authority over other nations’ economic, diplomatic, and security decisions”.
added
The 2018 National Defense Strategy further states that “China is leveraging military modernization, influence operations, and predatory economics to coerce neighboring countries to reorder the Indo-Pacific region to their advantage. As China continues its economic and military ascendance, asserting power through an all-of-nation long term strategy, it will continue to pursue a military modernization program that seeks Indo-Pacific regional hegemony in the near-term and displacement of the United States to achieve global preeminence in the future”.
added
Statements by officials of the United States and leading experts have emphasized that the United States requires a whole-of-government response, across the full spectrum of capabilities, to address the challenges posed by China.
added
Statement of policy— Congress declares that long-term strategic competition with China is a principal priority for the United States that requires the integration of multiple elements of national power, including diplomatic, economic, intelligence, law enforcement, and military elements, to protect and strengthen national security.
added
Strategy required—
added
In general— Not later than March 1, 2019, the President shall submit to the appropriate congressional committees a report containing a whole-of-government strategy with respect to the People’s Republic of China.
added
Elements of strategy— The strategy required by paragraph (1) shall include the following:
added
Strategic assessments of and planned responses to address the following activities by the Chinese Communist Party:
added
The use of political influence, information operations, censorship, and propaganda to undermine democratic institutions and processes, and the freedoms of speech, expression, press, and academic thought.
added
The use of intelligence networks to exploit open research and development.
added
The use of economic tools, including market access and investment to gain access to sensitive United States industries.
added
Malicious cyber activities.
added
The use of investment, infrastructure, and development projects, such as China’s Belt and Road Initiative, in Africa, Europe, Central Asia, South America, and the Indo-Pacific region, and the Polar Silk Road in the Arctic, as a means to gain access and influence.
added
The use of military activities, capabilities, and defense installations, and hybrid warfare methods, short of traditional armed conflict, against the United States or its allies and partners.
added
The abuse of employment and student visa programs to enter the United States in order to conduct political, academic, or social influence efforts, or for the purposes of establishing Chinese Communist Party cells or other entities under the control or coordination of the Chinese Communist Party.
added
The Chinese Communist Party’s coercion or intimidation of Chinese nationals studying or working in the United States or outside China.
added
Available or planned methods to enhance strategic communication to counter Chinese influence and promote United States interests.
added
An identification of the key diplomatic, development, intelligence, military, and economic resources necessary to implement the strategy.
added
A plan to maximize the coordination and effectiveness of such resources to counter the threats posed by the activities described in subparagraph (A).
added
Available or planned interagency mechanisms for the coordination and implementation of the strategy.
added
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Annual budget submission— The President shall ensure that the annual budget submitted to Congress pursuant to section 1105 of title 31, United States Code, clearly highlights the programs and projects proposed to be funded that relate to the strategy required by paragraph (1).
added
Appropriate congressional committees— In this section, the term “appropriage congressional committees” means—
added
the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Commerce, Science, and Transportation, and the Committee on the Budget of the Senate; and
added
the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Energy and Commerce, and the Committee on the Budget of the House of Representatives.
removed
“1263. Indo-Pacific Maritime Security Initiative”
removed
Expansion—
removed
Expansion of region to receive assistance and training— Subsection (a)(1) of such section is amended by inserting “and the Indian Ocean” after “South China Sea” in the matter preceding subparagraph (A).
removed
Recipient countries of assistance and training generally— Subsection (b) of such section is amended—
removed
in paragraph (2), by striking the comma at the end and inserting a period; and
removed
by adding at the end the following new paragraphs:
removed
“(6) Bangladesh.
removed
“(7) Sri Lanka.”
removed
Countries eligible for payment of certain incremental expenses— Subsection (e)(2) of such section is amended by adding at the end the following new subparagraph:
removed
“(D) India.”
removed
Extension— Subsection (h) of such section is amended by striking “September 30, 2020” and inserting “December 31, 2025”.
Sec. 1253 Strengthening Taiwan’s force readiness
added
Defense assessment— The Secretary of Defense shall, in consultation with appropriate counterparts of Taiwan, conduct a comprehensive assessment of Taiwan’s military forces, particularly Taiwan’s reserves. The assessment shall provide recommendations to improve the efficiency, effectiveness, readiness, and resilience of Taiwan’s self-defense capability in the following areas:
added
Personnel management and force development, particularly reserve forces.
added
Recruitment, training, and military programs.
added
Command, control, communications and intelligence.
added
Technology research and development.
added
Defense article procurement and logistics.
added
Strategic planning and resource management.
added
Report required—
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report containing each of the following:
added
A summary of the assessment conducted pursuant to subsection (a).
added
A list of any recommendations resulting from such assessment.
added
A plan for the United States, including by using appropriate security cooperation authorities, to—
added
facilitate any relevant recommendations from such list;
added
expand senior military-to-military engagement and joint training by the United States Armed Forces with the military of Taiwan; and
added
support United States foreign military sales and other equipment transfers to Taiwan, particularly for developing asymmetric warfare capabilities.
removed
Redesignation—
removed
In general— Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “Indo-Asia-Pacific” each place it appears and inserting “Indo-Pacific”.
removed
Heading amendments—
removed
Section heading— The heading of such section is amended to read as follows:
removed
“1251. Sense of Congress and initiative for the Indo-Pacific region”
removed
Subsection headings— Such section is further amended in the headings of subsections (b) and (f) by striking “Indo-Asia-Pacific” and inserting “Indo-Pacific”.
removed
Modification of initiative— Such section is further amended—
changed
Appropriate security cooperation authorities— For purposes of the plan described in subsection (c)—paragraph (1)(C), the term “appropriate security cooperation authorities” means—
removed
by striking paragraphs (1) through (4) and inserting the following new paragraphs (1) through (4):
removed
“(1) Activities to increase the rotational and forward presence, improve the capabilities, and enhance the posture of the United States Armed Forces in the Indo-Pacific region—
removed
“(A) consistent with the National Defense Strategy; and
removed
“(B) to the extent required to minimize the risk of execution of the contingency plans of the Department of Defense.
removed
“(2) Activities to improve military and defense infrastructure, basing, logistics, and assured access in the Indo-Pacific region to enhance the responsiveness, survivability, and operational resilience of the United States Armed Forces in the Indo-Pacific region.
removed
“(3) Activities to enhance the storage and pre-positioning in the Indo-Pacific region of equipment and munitions of the United States Armed Forces.
removed
“(4) Bilateral and multilateral military training and exercises with allies and partner nations in the Indo-Pacific region.”
changed
in paragraph (5)—section 311 of title 10, United States Code (relating to exchange of defense personnel);
added
section 332 such title (relating to defense institution building); and
added
other security cooperation authorities under chapter 16 of such title.
removed
in the matter preceding subparagraph (A), by striking “security capacity” and all that follows through “of allies” in subparagraph (B) and inserting “security capacity of allies”; and
removed
by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and indenting appropriately;
changed
Appropriate congressional committees— in subsection (d), by striking “only”;In this subsection, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
by amending subsection (e) to read as follows:
removed
“(e) Five-year plan for the Indo-Pacific Stability Initiative
removed
“(1) Plan required
removed
“(A) In general—Not later than March 1, 2019, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a future years plan on activities and resources of the Initiative.
removed
“(B) Applicability—The plan shall apply to the Initiative with respect to fiscal year 2020 and at least the four succeeding fiscal years.
removed
“(2) Elements—The plan required under paragraph (1) shall include each of the following:
removed
“(A) A description of the objectives of the Initiative.
removed
“(B) A description of the manner in which such objectives support implementation of the National Defense Strategy and reduce the risk of execution of the contingency plans of the Department of Defense by improving the operational resilience of United States forces in the Indo-Pacific region.
removed
“(C) An assessment of the resource requirements to achieve such objectives.
removed
“(D) An assessment of any additional rotational or permanently stationed United States forces in the Indo-Pacific region required to achieve such objectives.
removed
“(E) An assessment of the logistics requirements, including force enablers, equipment, supplies, storage, and maintenance, to achieve such objectives.
removed
“(F) An identification and assessment of required infrastructure investments to achieve such objectives, including potential infrastructure investments by host countries and new construction or upgrades of existing sites that would be funded by the United States.
removed
“(G) An assessment of any new agreements, or changes to existing agreements, with other countries for assured access required to achieve such objectives.
removed
“(H) An assessment of security cooperation investments required to achieve such objectives.
removed
“(3) Form—The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.”
removed
by amending subsection (f) to read as follows:
removed
“(f) Inclusion in budget materials—The Secretary of Defense shall include in the budget materials submitted by the Secretary in support of the budget of the President for fiscal year 2020 (submitted pursuant to section 1105 of title 31, United States Code) the plan required under paragraph (1).”
removed
by adding at the end the following new subsection:
removed
“(g) Appropriate congressional committees defined—In this section, the term appropriate congressional committees means—
removed
“(1) the congressional defense committees; and
removed
“(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”
Sec. 1254 Modification, redesignation, and extension of Southeast Asia Maritime Security Initiative
changed
Assessment—Modification and redesignation—
changed
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary Subsection (a) of Defense shall select and enter into an agreement with an entity independent section 1263 of the Department of National Defense to conduct an assessment of the geopolitical conditions in the Indo-Pacific region that are necessary Authorization Act for the successful implementation Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1073; 10 U.S.C. 2282 note), as amended by section 1289 of the National Defense Strategy.Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2555), is further amended—
added
in paragraph (1), by striking “South China Sea” and inserting “South China Sea and Indian Ocean”; and
added
in paragraph (2), by striking “the “Southeast Asia Maritime Security Initiative”” and inserting “the “Indo-Pacific Maritime Security Initiative””.
changed
Matters to be included—Conforming amendment— The assessment required by paragraph (1) shall include a determination heading of the geopolitical conditions in the Indo-Pacific region, including any change in economic and political relations, that are necessary to support United States military requirements for forward defense, assured access, extensive forward basing, and alliance and partnership formation and strengthening in such region.section is amended to read as follows:
changed
Report—Covered countries— Not later than 270 days after the date of the enactment of this Act, the independent entity selected under subsection (a) shall submit to the appropriate committees Subsection (e)(2) of Congress a report on such section is amended by adding at the results of end the assessment conducted under that subsection.following:
added “(D) India.”
changed
Department Designation of Defense support—additional countries— The Secretary shall provide the independent entity selected under subsection (a) with timely access to appropriate information, data, resources, and analyses necessary for the independent entity to conduct the assessment required by that subsection in a thorough and independent manner.Such section is further amended—
added
in subsection (e)(1), by striking “subsection (f)” and inserting “subsection (g)”;
added
by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and
added
by inserting after subsection (e) the following:
added “(f) Inclusion of additional countries—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to include additional foreign countries under subsection (b) for purposes of providing assistance and training under subsection (a) and additional foreign countries under subsection (e)(2) for purposes of providing payment of incremental expenses in connection with training described in subsection (a)(1)(B) if, with respect to each such additional foreign country, the Secretary determines and certifies to the appropriate committees of Congress that it is important for increasing maritime security and maritime domain awareness in the Indo-Pacific region.”
changed
Appropriate committees of Congress defined—Extension— In this section, the term appropriate committees Subsection (i) of Congress means—such section, as redesignated, is amended by striking “September 30, 2020” and inserting “September 30, 2023”.
removed
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
removed
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1255 Missile defense exercises in the Indo-Pacific region with United States regional allies and partners
added
Findings— Congress finds the following:
added
The Democratic People’s Republic of Korea (North Korea) continues to develop, test, and threaten the use of intercontinental ballistic missiles and nuclear weapons that threaten the United States and United States allies and partners.
added
The People’s Republic of China and the Russian Federation continue to develop and deploy advanced counter-intervention technologies, including fielding and testing highly maneuverable reentry vehicles and warheads (such as hypersonic weapons), and cruise missiles and small-unmanned aircraft systems (UAS) that challenge United States strategic, operational, and tactical freedom of movement and maneuver.
removed
It is the sense of Congress that—
changed
Sense of Congress— the nuclear program of It is the Democratic People’s Republic sense of Korea poses a critical national security threat not only to Congress that the United States, but to the security and stability of the entire Indo-Pacific region, including South Korea, Japan, and Australia;States should—
added
continue to develop and deploy a robust missile defense in the Indo-Pacific region;
added
increase the capacity of interceptors, sensors, and operational concepts in the region;
added
continue bilateral and multilateral operationally realistic missile defense exercises in the region;
added
increase coordination with United States regional allies and partners, including Japan, South Korea, Australia, India, and other countries, as appropriate;
added
begin planning for military exercises in 2020 with United States regional allies and partners that is specifically focused on interoperability;
added
integrate radar information from United States and allied Patriot, Terminal High Altitude Area Defense, Aegis, and other systems for region-wide command and control capabilities;
added
increase the capacity of United States allies and partners through foreign military sales;
added
seek increased areas of co-production for components of missile defense systems; and
added
develop new capabilities to address threats to the region.
changed
Missile defense exercises in the Indo-Pacific region— the nuclear and conventional forces of the United States continue to play a fundamental role in deterring aggression against its interests and the interests The Secretary of its allies Defense may conduct missile defense exercises in the Indo-Pacific region with United States regional allies and beyond;partners to improve interoperability.
changed
Briefing— Not later than 120 days after the United States stands unwaveringly behind its treaty obligations and assurances, including those related date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on plans for missile defense and extended nuclear deterrence, to South Korea, Japan, and Australia;exercises as described in subsection (c).
changed
Appropriate congressional committees defined— the complete, verifiable, and irreversible denuclearization of the Democratic People’s Republic of Korea remains a central foreign policy objective of In this section, the United States;term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
the status of any denuclearization or end-of-conflict agreement with the Democratic People’s Republic of Korea should not supersede such treaty obligations and assurances described in paragraph (3); and
removed
the presence of United States Forces on the Korean Peninsula should remain strong and enduring.
Sec. 1256 Quadrilateral cooperation and exercise
added
Sense of Congress— It is the sense of Congress that the United States, Japan, India, and Australia should—
added
promote security and stability in the Indo-Pacific region;
added
increase quadrilateral meetings to discuss and strengthen interoperability of their respective military and naval forces;
added
plan joint quadrilateral military patrols and exercises;
added
promote the values of a free and open Indo-Pacific region and address themes such as respect for international law, maritime security, nonproliferation, and terrorism in the region;
added
explore joint regional infrastructure initiatives in the region;
added
engage in maritime capacity building among smaller Indo-Pacific countries;
added
develop new capabilities to deter and defend against threats to the region; and
added
support regional institutions and bodies, including the Association of Southeast Asian Nations Regional Forum, to increase regional cooperation with respect to maritime security and domain awareness and to promote internationally accepted rules and norms.
removed
Section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended—
changed
Exercise— in the matter preceding paragraph (1)—The Secretary of Defense may conduct a quadrilateral naval military exercise.
removed
by striking “Not later than” and inserting “(a) In general.— Not later than”;
removed
by striking “March 31, 1993” and all that follows through “March 31, 2006” and inserting “March 31, 2019, and annually thereafter through 2024,”; and
removed
by striking “transmit to the Speaker” and all that follows through “the Senate” and inserting “submit to the appropriate congressional committees”; and
changed
Briefing— by adding at Not later than 120 days after the end date of the following new subsections:enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the matters contained in this section.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
“(b) Form—The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State.
removed
“(c) Appropriate congressional committees—In this section, the term “appropriate congressional committees” means—
removed
“(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
removed
“(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.”
Sec. 1257 Name of United States Indo-Pacific Command
changed
Defense assessment—In general— The Secretary of Defense combatant command known as the United States Pacific Command shall, beginning on January 1, 2020, be known as the “United States Indo-Pacific Command”. Any reference to such combatant command in consultation with appropriate counterparts of Taiwan, conduct a comprehensive assessment any law, regulation, map, document, record, or other paper of Taiwan’s military forces, particularly Taiwan’s reserves. The assessment the United States shall provide recommendations be considered to improve the efficiency, effectiveness, readiness, and resilience of Taiwan’s self-defense capability in be a reference to the following areas:United States Indo-Pacific Command.
removed
Personnel management and force development, particularly reserve forces.
removed
Recruitment, training, and military programs.
removed
Command, control, communications and intelligence.
removed
Technology research and development.
removed
Defense article procurement and logistics.
removed
Strategic planning and resource management.
changed
Report required—Conforming amendments—
changed
In general—Annual report on non-federalized service national guard personnel, training, and equipment requirements— Not later than 1 year after the date of the enactment of this Act, the Secretary Section 10504 of Defense, title 10, United States Code, as amended by section 1071(a)(31), is further amended in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report containing each of the following:subsection (c), as redesignated by such section, in paragraph (3)(H) by striking “United States Pacific Command” and inserting “United States Indo-Pacific Command”.
removed
A summary of the assessment conducted pursuant to subsection (a).
removed
A list of any recommendations resulting from such assessment.
removed
A plan for the United States, including by using appropriate security cooperation authorities, to—
removed
facilitate any relevant recommendations from such list;
removed
expand senior military-to-military engagement and joint training by the United States Armed Forces with the military of Taiwan; and
removed
support United States foreign military sales and other equipment transfers to Taiwan, particularly for developing asymmetric warfare capabilities.
changed
Appropriate security cooperation authorities—Contracting with the enemy— For purposes Section 843(4) of the plan described in paragraph (1)(C), the term “appropriate security cooperation authorities” means—Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2302 note) is amended by striking “United States Pacific Command” and inserting “United States Indo-Pacific Command”.
removed
section 311 of title 10, United States Code (relating to exchange of defense personnel);
removed
section 332 such title (relating to defense institution building); and
removed
other security cooperation authorities under chapter 16 of such title.
removed
Appropriate congressional committees— In this subsection, the term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1258 Requirement for critical languages and expertise in Chinese, Korean, and Russian
changed
It is Not later than 180 days after the sense date of Congress that—the enactment of this Act, the Secretary of Defense shall—
changed
the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and evaluate the “Six Assurances” are both cornerstones operational requirements for members of United States relations with Taiwan;the Armed Forces possessing foreign language expertise in critical East Asian languages, including Chinese, Korean, and Russian; and
changed
the United States should strengthen defense and security cooperation with Taiwan submit to support the development of capable, ready, and modern congressional defense forces necessary for Taiwan to maintain committees a sufficient self-defense capability;plan to address any shortfalls in these critical areas.
removed
the United States should strongly support the acquisition by Taiwan of defensive weapons through foreign military sales, direct commercial sales, and industrial cooperation, with a particular emphasis on asymmetric warfare and undersea warfare capabilities, consistent with the Taiwan Relations Act;
removed
the United States should improve the predictability of arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and defense services;
removed
the Secretary of Defense should promote Department of Defense policies concerning exchanges that enhance the security of Taiwan, including—
removed
opportunities for practical training and military exercises with Taiwan; and
removed
exchanges between senior defense officials and general officers of the United States and Taiwan consistent with the Taiwan Travel Act (Public Law 115–135);
removed
the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief; and
removed
the Secretary of Defense should consider supporting the visit of a United States hospital ship to Taiwan as part of the annual “Pacific Partnership” mission in order to improve disaster response planning and preparedness as well as to strengthen cooperation between the United States and Taiwan.
Sec. 1259 Modification of report required under enhancing defense and security cooperation with India
added Subsection (a)(2) of section 1292 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2559; 22 U.S.C. 2751 note) is amended—
added
by striking “Not later than” and inserting the following:
added “(1) In general—Not later than”
added
by striking “The report shall also include a forward-looking strategy” and inserting the following:
added “(2) Contents—The report shall also include—
added “(A) a forward-looking strategy”
added
by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following:
added “(B) a description of any limitations that hinder or slows progress in implementing the actions described in subparagraphs (A) through (L) of paragraph (1);
added “(C) a description of actions India is taking, or the actions the Secretary of Defense or the Secretary of State believe India should take, to advance the relationship between the United States and in regards to subparagraphs (A) through (L) of paragraph (1); and
added “(D) a description of—
added “(i) measures that can be taken by the United States and India to improve interoperability; and
added “(ii) progress in enabling agreements between the United States and India.”
removed
Conditions for future participation in RIMPAC—
removed
In general— The Secretary of Defense shall not enable or facilitate the participation of the People’s Republic of China in any Rim of the Pacific (RIMPAC) naval exercise unless the Secretary certifies to the congressional defense committees that China has—
removed
ceased all land reclamation activities in the South China Sea;
removed
removed all weapons from its land reclamation sites; and
removed
established a consistent four-year track record of taking actions toward stabilizing the region.
removed
Form— The certification under paragraph (1) shall be in unclassified form but may contain a classified annex as necessary.
removed
National security waiver—
removed
In general— The Secretary of Defense may waive the certification requirement under subsection (a) if the Secretary determines the waiver is in the national security interest of the United States and submits to the congressional defense committees a detailed justification for the waiver.
removed
Form— The justification required under paragraph (1) shall be in unclassified form but may contain a classified annex as necessary.
Sec. 1260 Statement of policy on naval vessel transfers to Japan
changed
Section 1202(b) It shall be the policy of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended—United States to support maritime defense cooperation with Japan, including through the transfer of excess United States naval vessels to the Japanese Maritime Self-Defense Force. Such transfers should include capabilities such as those represented by the Tarawa class amphibious assault ship, the Austin class amphibious transport dock, and the Charleston class amphibious cargo ship.
removed
by redesignating paragraphs (6) through (16) and (17) through (23) as paragraphs (7) through (17) and (19) through (25), respectively;
removed
by inserting after paragraph (5) the following new paragraph (6):
removed
“(6) China's overseas military basing and logistics infrastructure.”
removed
in paragraph (8), as so redesignated, by striking “including technology transfers and espionage” in the first sentence and inserting “including by espionage and technology transfers through investment, industrial espionage, cybertheft, academia, and other means”;
removed
by inserting after paragraph (17), as so redesignated, the following new paragraph (18):
removed
“(18) An assessment of relations between China and the Russian Federation with respect to security and military matters.”
removed
by adding at the end the following new paragraphs:
removed
“(26) The relationship between Chinese overseas investment, including initiatives such as the Belt and Road Initiative, and Chinese security and military strategy objectives.
removed
“(27) Efforts by the Government of the People's Republic of China to influence the media, cultural institutions, business, and academic and policy communities of the United States to be more favorable to its security and military strategy and objectives.
removed
“(28) Efforts by the Government of the People's Republic of China to use nonmilitary tools in other countries, including diplomacy and political coercion, information operations, and economic pressure, including predatory lending practices, to support its security and military objectives.”
Sec. 1261 Report and public notification on China’s military, maritime, and air activities in the Indo-Pacific region
changed
Statement Sense of policy—Congress— Congress declares that long-term strategic competition with China It is a principal priority for the United States that requires the integration sense of multiple elements Congress that greater transparency of national power, including diplomatic, economic, intelligence, law enforcement, and military elements, to protect China’s provocative military, maritime, and strengthen national security.air activities in the Indo-Pacific region would—
added
aid in raising awareness of these activities in regional and international forums;
added
enable regional security partners to more effectively protect their sovereignty and defend their rights under international law; and
added
maintain stability within the region to enable constructive relations with China.
changed
Strategy required—Report—
added
In general— The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the appropriate congressional committees on a quarterly basis a report describing China’s provocative military, maritime, and air activities in the Indo-Pacific region.
changed
In general—Elements— Not later than March 1, 2019, the President shall submit to the appropriate congressional committees a The report containing a whole-of-government strategy with respect to shall, at minimum, address China’s provocative military, maritime, and air activities, military deployments, and operations and infrastructure construction in the People’s Republic of China.East China Sea, South China Sea, Taiwan Strait, and Indian Ocean.
changed
Elements of strategy—Dissemination to regional allies— The strategy required by paragraph (1) report shall include be disseminated to regional allies and partners, as appropriate, in the following:Indo-Pacific region.
removed
Strategic assessments of and planned responses to address the following activities by the Chinese Communist Party:
removed
The use of political influence, information operations, censorship, and propaganda to undermine democratic institutions and processes, and the freedoms of speech, expression, press, and academic thought.
removed
The use of intelligence networks to exploit open research and development.
removed
The use of economic tools, including market access and investment to gain access to sensitive United States industries.
removed
Malicious cyber activities.
removed
The use of investment, infrastructure, and development projects, such as China’s Belt and Road Initiative, in Africa, Europe, Central Asia, South America, and the Indo-Pacific region, and the Polar Silk Road in the Arctic, as a means to gain access and influence.
removed
The use of military activities, capabilities, and defense installations, and hybrid warfare methods, short of traditional armed conflict, against the United States or its allies and partners.
removed
Available or planned methods to enhance strategic communication to counter Chinese influence and promote United States interests.
removed
An identification of the key diplomatic, development, intelligence, military, and economic resources necessary to implement the strategy.
removed
A plan to maximize the coordination and effectiveness of such resources to counter the threats posed by the activities described in subparagraph (A).
removed
Available or planned interagency mechanisms for the coordination and implementation of the strategy.
changed
Form—Imagery and supporting analysis— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.imagery from military aircraft and other sources with supporting analysis to describe China’s provocative maritime and air activities.
changed
Annual budget submission—Form— The President report shall ensure that the annual budget submitted to Congress pursuant be available to section 1105 of title 31, United States Code, clearly highlights the programs public and projects proposed to shall be funded that relate to the strategy required by paragraph (1).submitted or carried out in unclassified form.
added
Public notification—
added
In general— The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of State, shall provide notice to the public of any activities described in paragraph (2) immediately after the initiation of any such activities.
added
Activities described— The activities described in this paragraph are any significant destabilizing or deceptive activities of China, including reclamation or militarization activity in the Indo-Pacific region, use of military, government, or commercial aircraft or maritime vessels to intimidate regional neighbors.
added
Written summary— As soon as practicable after the notification to the public under paragraph (1) of any activities described in paragraph (2), the Secretary of Defense shall distribute to the appropriate congressional committees and United States allies and security partners in the Indo-Pacific region a written summary to include imagery and supporting analysis describing such activities.
added
Requirements relating to national security and protection of classified national security information— The dissemination and availability of the report under subsection (b) and the notification to the public under subsection (c) shall be made in a manner consistent with national security and the protection of classified national security information.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
Appropriate congressional committees— In this section, the term “appropriage congressional committees” means—
removed
the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Commerce, Science, and Transportation, and the Committee on the Budget of the Senate; and
removed
the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Energy and Commerce, and the Committee on the Budget of the House of Representatives.
Sec. 1262 Senior defense engagement with Taiwan
changed
In general—Finding— Except as provided in subsection (d), immediately after The Taiwan Travel Act (Public Law 115–135; 132 Stat. 341) states that it should be the commencement of any significant reclamation, assertion policy of an excessive territorial claim, or militarization activity by the People's Republic United States to allow officials at all levels of China in the South China Sea, United States government, including any significant military deployment or operation or infrastructure construction, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees, Cabinet-level national security officials, general officers, and release other executive branch officials, to the public, a report on the military and coercive activities of China in the South China Sea in connection with such activity.travel to Taiwan to meet their Taiwan counterparts.
changed
Elements Sense of report to public—Congress— Each report on Pursuant to the commencement policy described in the Taiwan Travel Act, the Secretary of Defense should send a significant reclamation, an assertion Secretary of an excessive territorial claim, or a militarization activity under subsection (a) shall include a short narrative on, and one military department or more corresponding images of, such commencement of a significant reclamation, assertion member of an excessive territorial claim, or militarization activity.the Joint Chiefs of Staff to Taiwan for the purpose of senior-level defense engagement.
added
Briefing— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall brief the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives on any plans of the Department to carry out senior-level defense engagement.
removed
Form—
removed
Submission to Congress— Any report under subsection (a) that is submitted to the appropriate congressional committees shall be submitted in unclassified form, but may include a classified annex.
removed
Release to public— If a report under subsection (a) is released to the public, such report shall be so released in unclassified form.
removed
Waiver—
removed
Release of report to public— The Secretary of Defense may waive the requirement in subsection (a) for the release to the public of a report on the commencement of any significant reclamation, an assertion of an excessive territorial claim, or a militarization activity by the People's Republic of China in the South China Sea if the Secretary determines that the release to the public of a report on such activity under that subsection in the form required by subsection (c)(2) would have an adverse effect on the national security interests of the United States.
removed
Notice to Congress— If the Secretary issues a waiver under paragraph (1) with respect to a report on an activity, not later than 48 hours after the Secretary issues such waiver, the Secretary shall submit to the appropriate congressional committees written notice of, and justification for, such waiver.
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1263 Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea
changed
Not later than 180 days after None of the date funds authorized to be appropriated by this Act may be used to reduce the total number of members of the enactment Armed Forces serving on active duty who are deployed to the Republic of this Act, Korea below 22,000 unless the Secretary of Defense shall—first certifies to the congressional defense committees that such a reduction is in the national security interest of the United States and will not significantly undermine the security of United States allies in the region.
removed
evaluate the operational requirements for members of the Armed Forces possessing foreign language expertise in critical languages, including Chinese, Korean, Russian, Farsi, and Arabic; and
removed
submit to the congressional defense committees a plan to address any shortfalls in these critical areas.
Sec. 1264 Enhancing missile defense cooperation with partners
added
Sense of Congress— It is the sense of Congress that the Secretary of Defense should seek opportunities to increase defense coordination and cooperation with United States partners with respect to missile defense.
removed
None of the funds authorized to be appropriated by this Act may be used to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea below 22,000 unless the Secretary of Defense first certifies to the congressional defense committees the following:
changed
Modification of defense cooperation authority with India— Such a reduction is in the national security interest Section 1292(a)(1) of the United States and will not significantly undermine the security National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2559; 22 U.S.C. 2751 note), as amended by section 1258(a) of United States allies in the region.National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1683), is further amended—
added
in subparagraph (K), by striking “and” at the end;
added
in subparagraph (L), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(M) develop closer defense cooperation with India on matters relating to missile defense.”
removed
The Secretary has appropriately consulted with allies of the United States, including the Republic of Korea and Japan, regarding such a reduction.
Sec. 1265 Reinstatement of reporting requirements with respect to United States-Hong Kong relations
added Section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended—
removed
Baseline report— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of State, and the Secretary of Energy, shall submit to the appropriate committees of Congress a report on the status of the nuclear program of the Democratic People's Republic of Korea to establish a baseline of progress for negotiations with the Democratic People's Republic of Korea with respect to denuclearization.
changed
Elements— The report required by subsection (a) shall include the following, to in the extent known or suspected:matter preceding paragraph (1)—
added
by striking “Not later than” and inserting “(a) In general.— Not later than”;
changed
A description of the location, quantity, capability, by striking “March 31, 1993” and operational status of the nuclear weapons all that follows through “March 31, 2006” and other weapons of mass destruction, including chemical inserting “March 31, 2019, and biological weapons, of the Democratic People's Republic of Korea.annually thereafter through 2024”; and
changed
A description by striking “the Speaker of the location House of the research, development, production, and testing facilities, including covert facilities, for the nuclear weapons Representatives” and other weapons inserting “the chair of mass destruction, including chemical and biological weapons, the Committee on Foreign Affairs of the Democratic People's Republic House of Korea.Representatives”; and
added
by adding at the end the following new subsection:
added “(b) Form—The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State.”
removed
A description of the location, quantity, capability, and operational status of fixed ballistic missile launch sites, and assessments of capability and readiness of mobile land and at-sea launch platforms of the Democratic People's Republic of Korea.
removed
A description of the location of the ballistic missile manufacturing and assembly facilities of the Democratic People's Republic of Korea.
removed
An assessment of any intelligence gaps and confidence levels with respect to the information required by this subsection and verification or inspection measures that may fill such gaps.
removed
Updates—
removed
In general— In the case of an agreement, not later than 60 days after the date on which the agreement is reached, and every 90 days thereafter, the report required by subsection (a) shall be augmented by a written update.
removed
Elements— Each written update under paragraph (1) shall include the following for the preceding 90-day period:
removed
A description of the number of nuclear weapons, other weapons of mass destruction, including chemical and biological weapons, and ballistic missiles verifiably dismantled, destroyed, rendered permanently unusable, or transferred out of the Democratic People's Republic of Korea.
removed
An identification of the location of research, development, production, and testing facilities for nuclear weapons and other weapons of mass destruction, including chemical and biological weapons, in the Democratic People's Republic of Korea identified and verifiably dismantled, destroyed, or rendered permanently unusable.
removed
An identification of the location of ballistic missile manufacturing and assembly facilities in the Democratic People's Republic of Korea verifiably dismantled, destroyed, or rendered permanently unusable.
removed
A description of the number of nuclear weapons and ballistic missiles that remain in or under the control of the Democratic People's Republic of Korea.
removed
An assessment of the progress made in extending the breakout period required for the Democratic People's Republic of Korea to reconstitute its nuclear weapons program and build a nuclear weapon, as such progress relates to the information required by subparagraphs (A) through (D).
removed
Verification assessment report— Not later than 180 days after the date on which the report required by subsection (a) is submitted, and every 180 days thereafter, the written update required under paragraph (1) of subsection (c) shall include, in addition to the information required by subparagraphs (A) through (E) of that subsection, the following for the preceding 180-day period:
removed
An assessment of the establishment of safeguards, other control mechanisms, and other assurances secured from the Democratic People's Republic of Korea to ensure the activities of the Democratic People's Republic of Korea permitted under any agreement will not be used to further any nuclear-related military or nuclear explosive purpose, including research on or development of a nuclear explosive device.
removed
An assessment of the capacity of the United States or an international organization, including the International Atomic Energy Agency, to effectively access and investigate suspicious sites in the Democratic People's Republic of Korea or allegations of covert nuclear-related activities, including storage sites for nuclear weapons.
removed
Applicability— Subsections (c) and (d) shall apply only in the case of an agreement.
removed
Sunset— The section shall cease to be effective on the date that is three years after the date of the enactment of this Act.
removed
Definitions— In this section:
removed
Agreement— The term agreement means an interim or final agreement between the United States and the Democratic People's Republic of Korea with respect to the denuclearization of the Democratic People's Republic of Korea that includes a commitment by the Democratic People's Republic of Korea—
removed
to reduce the nuclear arsenal of the Democratic People's Republic of Korea; or
removed
to otherwise discontinue, reduce, or suspend the nuclear program of the Democratic People's Republic of Korea.
removed
Appropriate committees of Congress— The term appropriate committees of Congress means—
removed
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
removed
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Sec. 1266 Report on North Korea
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report that includes a description of any ongoing or planned efforts of the Department of State with respect to each of the following:
added
Resuming the repatriation from North Korea of members of the United States Armed Forces missing or unaccounted for during the Korean War.
added
Reuniting Korean Americans with their relatives in North Korea.
added
Assessing the security risks posed by travel to North Korea for United States citizens.
removed
Subsection (a)(2) of section 1292 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2559; 22 U.S.C. 2751 note) is amended—
changed
Form— by striking “Not later than” and inserting the following:The report required under subsection (a) shall be submitted in unclassified form.
removed
“(A) In general—Not later than”
changed
Appropriate congressional committees— by inserting “until December 31, 2021” after “annually thereafter”; andIn this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
by striking the second sentence and inserting the following:
removed
“(B) Contents—The report shall also include—
removed
“(i) a forward-looking strategy with specific benchmarks for measurable progress toward enhancing India’s status as a major defense partner and defense and security cooperation with India;
removed
“(ii) a description of any limitations that hinder or slows progress in implementing the actions described in subparagraphs (A) through (L) of paragraph (1);
removed
“(iii) a description of actions India is taking, or the actions the Secretary of Defense or the Secretary of State believe India should take, to advance the relationship between the United States, including actions relating to subparagraphs (A) through (L) of paragraph (1);
removed
“(iv) a description of the measures that can be taken by the United States and India to improve interoperability; and
removed
“(v) a description of the progress made in enabling agreements between the United States and India.”
Sec. 1267 Rule of construction regarding use of force against North Korea
addedadded Nothing in this Act may be construed as authorizing the use of force against North Korea.
Sec. 1268 Review of controlled items with respect to China
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report listing each technology included on the Commerce Control List maintained under Supplement No. 1 to part 774 of the Export Administration Regulations (subchapter C of chapter VII of title 15, Code of Federal Regulations) and exempted for export to China, and each item removed from such List, designated as “EAR99” by the Bureau of Industry and Security, and exported to China, during the 15-year period ending on such date of enactment that the Secretary determines currently poses an unacceptable national security risk.
Sec. 1269 Humanitarian assistance and disaster relief exercises conducted by the Department of Defense in the Indo-Pacific region
added
added
Findings— Congress finds the following:
added
The Indo-Pacific region is home to over 60 percent of the world’s population and is prone to natural disasters particularly due to its proximity to a geological vulnerable region.
added
The multilateral Pacific Partnership exercise, first conducted in 2006 in response to the humanitarian and disaster relief operations for the December 2004 Indian Ocean earthquake and tsunami, involved the participation of 22 partner nations to improve the ability of each country to conduct humanitarian assistance and disaster relief efforts.
added
The Pacific Partnership is the largest annual multilateral disaster preparedness mission conducted in the Indo-Pacific region.
added
The United States Agency for International Development, including through its Office of Foreign Disaster Assistance, leads and coordinates United States humanitarian efforts in foreign countries and often partners with the Department of Defense in responding to disasters.
added
Sense of Congress— It is the sense of Congress that—
added
the Pacific Partnership, a civic and humanitarian mission which the United States Navy’s Pacific Fleet, in conjunction with partner nations, nongovernmental organizations, and other United States and international governmental agencies conducts to strengthen alliances, improves United States and partner capacity to deliver humanitarian assistance and disaster relief and improves security cooperation among the partner nations in the Indo-Pacific region;
added
the Department of Defense should continue to play a role in response to requests for support in international humanitarian assistance and disaster response drawing on its unique capabilities, manpower, and forward-deployed resources; and
added
the Secretary of Defense should assess the United States force posture in the Indo-Pacific region for future Pacific Partnerships and work to expand engagements in the entirety of the Indo-Pacific region if appropriate and if applicable renaming the program as the “Indo-Pacific Partnership”.
added
Briefing— Not later than the end of the first full fiscal year beginning after the date of enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the following:
added
A description of humanitarian assistance and disaster relief exercises conducted by the Department of Defense in the Indo-Pacific region in the previous year that also identifies the partner countries and militaries involved in any such operations and exercises.
added
A description of any planned humanitarian assistance and disaster relief exercises for the following fiscal year in the Indo-Pacific region.
added
A description of any constraints on the ability of the Department of Defense to conduct humanitarian assistance and disaster relief exercises, including in resources.
added
A description of any efforts undertaken by the Secretary of Defense to ease operational burdens on the Armed Forces of the United States to participate in humanitarian assistance or disaster relief exercises, such as the pre-positioning of equipment, inclusion of additional partners, and inclusion of exercises that may ordinarily be conducted independently of any humanitarian assistance operation or exercise.
added
Appropriate congressional committee defined— In subsection (c), the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1271 Report on status of the United States relationship with the Republic of Turkey
changed
Prohibitions—Findings— Section 2342 of title 10, United States Code, is amended—Congress finds the following:
changed
The United States–Republic of Turkey relationship, over the past year, has become increasingly strained due to several provocative actions taken by redesignating subsection (d) as subsection (f); andthe Government of Turkey.
changed
The potential purchase by inserting after subsection (c) the following new subsections (d) Government of Turkey of the S-400 air and (e):missile defense system from the Russian Federation has led to tension with the relationship.
added
These actions could negatively impact common weapon system development between the United States and Turkey.
added
These actions could exacerbate current North Atlantic Treaty Organization (NATO) interoperability challenges with respect to common military architecture and information sharing.
added
These actions could impact current bilateral agreements between the United States and Turkey.
added
Report required—
added
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the status of the United States relationship with the Republic of Turkey.
added
Matters to be included— The report required under this subsection shall include the following:
added
An assessment of United States military and diplomatic presence in Turkey, including all military activities conducted from Incirlik Air Base or elsewhere.
added
An assessment of the potential purchase by the Government of Turkey of the S-400 air and missile defense system from the Russian Federation and the potential effects of such purchase on the United States-Turkey bilateral relationship, including an assessment of impacts on other United States weapon systems and platforms operated jointly with Turkey to include—
added
the F–35 Lightning II Joint Strike aircraft, to include co-production;
added
the Patriot surface-to-air missile system;
added
the CH–47 Chinook heavy lift helicopter;
added
the AH–1 Attack helicopter;
added
the H–60 Black Hawk utility helicopter; and
added
the F–16 Fighting Falcon aircraft.
added
An identification of potential alternative air and missile defense systems that could be purchased by the Government of Turkey, including United States and other NATO member state military air defense artillery systems.
added
Form— The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
removed
“(d) The Secretary of Defense may not use an agreement with any government or an organization described in subsection (a)(1) to facilitate the transfer of logistic support, supplies, and services to any country or organization with which the Secretary has not signed an agreement described in subsection (a)(2).
removed
“(e) An agreement described in subsection (a)(2) may not provide or otherwise constitute a commitment for the introduction of the armed forces into hostilities.”
removed
Annual reports— Such section is further amended by adding at the end the following new subsection:
removed
“(g) Not later than January 15 each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on acquisition and cross-servicing activities that sets forth, in detail, the following:
removed
“(1) A list of agreements in effect pursuant to subsection (a)(1) during the preceding fiscal year.
removed
“(2) The date on which each agreement listed under paragraph (1) was signed, and, in the case of an agreement with a country that is not a member of the North Atlantic Treaty Organization, the date on which the Secretary notified Congress pursuant to subsection (b)(2) of the designation of such country under subsection (a).
removed
“(3) The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.
removed
“(4) The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement.
removed
“(5) With respect to the calendar year during which the report is submitted, an assessment of the following:
removed
“(A) The anticipated logistic support, supplies, and services requirements of the United States.
removed
“(B) The anticipated requirements of other countries for United States logistic support, supplies, and services.”
changed
Definitions—Limitation— Such The Secretary of Defense may not take any action to execute delivery of a foreign military sale for major defense equipment subject to congressional notification under section is further amended—36 of the Arms Export Control Act (22 U.S.C. 2778) (made under a letter of offer issued under the authority of the Arms Export Control Act before the date of the enactment of this Act) to the Republic of Turkey until the Secretary submits to the appropriate congressional committees the report required under subsection (b).
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives.
removed
in subsection (b)(2), by striking “the Committee on Armed Services” the first place it appears and all that follows through “the House of Representatives” and inserting “the appropriate committees of Congress”; and
removed
by adding at the end the following new subsection:
removed
“(h) In this section, the term appropriate committees of Congress means—
removed
“(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
removed
“(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”
Sec. 1272 Sense of Congress on unity of Gulf Cooperation Council member countries
added It is the sense of Congress that—
removed
Authority to counter unmanned aerial systems— Section 1279(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 22 U.S.C. 8606 note), as most recently amended by section 1278 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1700), is further amended by inserting “and to establish capabilities for countering unmanned aerial systems” after “underground tunnels”.
changed
Limitation on funding— None of the funds authorized to be appropriated or otherwise made available by this Act to carry out the authority provided by the amendment made by subsection (a) may be obligated or expended until the date that is 15 days after the date on which the Secretary of Defense submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House member countries of Representatives a report describing the Gulf Cooperation Council (GCC) are important security cooperation partners of the United States with Israel with respect to countering unmanned aerial systems pursuant to the authority granted by such amendment that includes each of the following:States;
added
the unity of GCC member countries is critical to facing growing threats from Iran; and
added
timely normalization of diplomatic, security, and economic relationships among GCC member countries is in the best interest of the United States.
removed
An identification of specific capability gaps of the United States and Israel with respect to countering unmanned aerial systems.
removed
An identification of cooperative projects that would address those capability gaps and mutually benefit and strengthen the security of the United States and Israel.
removed
An assessment of the projected cost for research and development efforts for such cooperative projects, including an identification of those to be conducted in the United States, and the timeline for the completion of each such project.
removed
The extent to which the capability gaps of the United States identified pursuant to paragraph (1) are not likely to be addressed through the cooperative projects identified pursuant to paragraph (2).
removed
An assessment of the projected costs for procurement and fielding of any capabilities developed jointly, pursuant to the authority granted by the amendment made by subsection (a).
Sec. 1273 Report on United States Government police training and equipping programs for Mexico
changed
Extension of war reserves stockpile authority—Report required— Section 12001(d) of Not later than July 1, 2019, the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking “after September 30, 2018” President shall submit to the appropriate congressional committees a report on United States Government police training and inserting “after September 30, 2023”.equipping programs for Mexico.
added
Elements— The report required under subsection (a) shall include the following:
removed
Joint assessment of quantity of precision guided munitions for use by Israel—
removed
In general— The President is authorized to conduct a joint assessment with the Government of Israel with respect to the matters described in paragraph (2).
changed
Matters described— The matters described A list of all United States Government departments and agencies involved in this paragraph are implementing the following:programs.
added
A description of the scope, size, and components of the programs for fiscal years 2017 and 2018, to include for each such program—
added
the types of units receiving such assistance, including national police, gendarmerie, counternarcotics police, counterterrorism police, Formed Police Units, border security, and customs;
added
the purpose and objectives of the program;
added
the funding and personnel levels for the program in each such fiscal year;
added
the authority under which the program is conducted;
added
the name of the United States Government department or agency with lead responsibility for the program and the mechanisms for oversight of the program;
added
the extent to which the program is implemented by contractors or United States Government personnel; and
added
the metrics for measuring the results of the program and an assessment of the impact achieved from the program.
added
An assessment of the requirements for the programs, and what changes, if any, are required to improve the capacity of the United States Government to meet such requirements.
added
An evaluation of the appropriate role of United States Government departments and agencies in carrying out and coordinating the programs.
added
An evaluation of the appropriate role of contractors in carrying out the programs, and what modifications, if any, are needed to improve oversight of such contractors.
added
Recommendations for legislative modifications, if any, to existing authorities relating to the programs.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
removed
The quantity and type of precision guided munitions that are necessary for Israel to combat Hezbollah in the event of a sustained armed confrontation between Israel and Hezbollah.
removed
The quantity and type of precision guided munitions that are necessary for Israel in the event of a sustained armed confrontation with other armed groups and terrorist organizations, such as Hamas.
removed
The resources the Government of Israel would need to dedicate to acquire such precision guided munitions.
removed
United States planning to assist Israel to prepare for a sustained armed confrontation described in subparagraph (A) or (B), as well as the ability of the United States to resupply Israel in the event of such a confrontation.
removed
The current United States inventory of the precision guided munitions described in subparagraphs (A) and (B), and whether such inventory meets the United States total munitions requirement.
removed
Report—
removed
In general— Not later than 15 days after the date on which the joint assessment authorized under subsection (b) is completed, the President shall submit to the appropriate congressional committees a report that contains the joint assessment.
changed
Form— The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.the congressional defense committees; and
changed
Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.
removed
the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
removed
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
Sec. 1274 Authority to increase engagement and military-to-military cooperation with Western Balkans countries
changed
In general— The Secretary of Defense shall conduct a review is authorized to determine whether increase engagement and military-to-military cooperation with Western Balkans countries under the Armed Forces or coalition partners authorities of the chapter 16 of title 10, United States violated Federal law, the laws of armed conflict, or Department of Defense policy while conducting operations in Yemen.Code.
changed
Matters to be included—Definition— The review required under subsection (a) shall also seek to determine In this section, the following:term “Western Balkans countries” means—
changed
Whether the Armed Forces interrogated Yemeni citizens in prisons within Yemen or provided questions to any United States coalition partner for use in such interrogations, and whether such interrogations or actions were consistent with United States law and policy.Serbia;
changed
Whether the Armed Forces violated the prohibitions of section 362 of title 10, United States Code, while conducting operations in Yemen.Bosnia and Herzegovina;
changed
Whether any United States coalition partner committed gross violations of internationally recognized human rights while conducting operations in Yemen that would make such coalition partner ineligible for any training, equipment, or other assistance for a unit of a foreign security force under section 362 of title 10, United States Code.Kosovo; and
changed
Whether a waiver or exception has been granted to any United States coalition partner under section 362 of title 10, United States Code, while conducting operations in Yemen.Macedonia.
removed
Report—
removed
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that contains—
removed
the findings from the review required under subsection (a);
removed
an analysis of—
removed
the detention and interrogation policies and guidance of the Department of Defense; and
removed
the application of such policies and guidance to the detention and interrogation operations of allies and partners that are supported by the United States;
removed
an assessment of United States responsibilities and obligations under Federal law, the laws of armed conflict, relevant treaties and agreements, and any other applicable law relating to the treatment of detainees held by allies or partners with United States support;
removed
an assessment of any applicable policy requirements or considerations in addition to such responsibilities and obligations;
removed
an assessment of the compliance standards and enforcement mechanisms associated with such responsibilities, obligations, policy requirements, or considerations;
removed
a description of any assurances required to be obtained from allies and partners with respect to the treatment of detainees in custody when the United States is involved in the capture or interrogation of such detainees, including the manner in which and level at which such assurances are provided;
removed
a description of the means by which the Department of Defense determines whether allies and partners comply with such assurances;
removed
an explanation of the extent to which United States support for the detention and interrogation operations of allies and partners is conditioned on their compliance with such assurances; and
removed
a description of the procedures used to report violations of detainee treatment standards, including procedures relating to violations occurring at facilities operated by allied or partner countries.
removed
Form— The report required under this section shall be submitted in unclassified form, but may contain a classified annex.
removed
Definitions— In this subsection:
removed
Coalition partner— The term “coalition partner” has the meaning given such term in paragraph (3) of section 948a of title 10, United States Code.
removed
Gross violations of internationally recognized human rights— The term “gross violations of internationally recognized human rights” has the meaning given such term in subsection (d)(1) of section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304).
Sec. 1275 Technical corrections relating to defense security cooperation statutory reorganization
changed
Report required—Chapter references— Not later than July 1, 2019, the Secretary of Defense and Secretary The following provisions of State shall submit to the appropriate congressional committees a report on United States Government programs relating to security cooperation with law are amended by striking “chapter 15” and assistance to Mexico.inserting “chapter 13”:
added
Section 886(a)(5) of the Homeland Security Act of 2002 (6 U.S.C. 466(a)(5)).
added
Section 332(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1982(a)(1)).
added
Section 101(a)(13)(B) of title 10, United States Code.
added
Section 115(i)(6) of title 10, United States Code.
added
Section 12304(c)(1) of title 10, United States Code.
added
Section 484C(c)(3)(C)(v)) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(v)).
added
Section references—
added
Title 10, United States Code, is amended—
added
in section 386(c)(1), by striking “Sections 311, 321, 331, 332, 333,” and inserting “Sections 246, 251, 252, 253, 321,”; and
added
in section 10541(b)(9) in the matter preceding subparagraph (A), by striking “sections 331, 332, 333,” and inserting “sections 251, 252, 253,”.
removed
Elements— The report required under subsection (a) shall include the following:
changed
A description Section 484C(c)(3)(C)(i)) of United States national security interests in Mexico.the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(i)) is amended by striking “section 331, 332,” and inserting “section 251, 252,”.
added
Other technical corrections—
added
Chapter 16 of title 10, United States Code, is amended—
added
in section 311(a)(3), by striking “Secretary to State” and inserting “Secretary of State”;
added
in section 321(e), by striking “calender” each place it appears and inserting “calendar”;
added
in the table of sections at the beginning of subchapter V of such chapter, by striking the item relating to section 342 and inserting the following:
added
in section 347—
added
in the heading of subsection (a)(7), by striking “etc.” and inserting “etc”; and
added
in the heading of subsection (b)(3)(B), by striking “etc.” and inserting “etc”; and
added
in section 385(d)(1)(B), by striking “include” and inserting “including”.
removed
A description of the security environment in Mexico, including descriptions of the threats to United States interests posed by violence related to drug trafficking and cartel activity.
removed
A description of all United States security cooperation and assistance programs in Mexico, including descriptions of the purpose, objectives, and type of training, equipment, or assistance provided, the lead agency with responsibility for each such program, and how such programs advance the nationals security interests of the United States.
removed
A description of the cost, scope, size, and components of such programs for fiscal years 2017 and 2018, including for each such program the following:
removed
The purpose and objectives of the program.
removed
The authority or authorities under which the program is conducted.
removed
The types of units receiving assistance, including components of the Mexican Armed Forces, national police, gendarmerie, counternarcotics police, counterterrorism police, Formed Police Units, border security, and customs.
removed
The funding and personnel levels for the program in each such fiscal year, future year costs, including sustainment costs, over the next five fiscal years, and any required increases of capacity to support the program, as appropriate.
removed
The extent to which the program is implemented by contractors or United States Government personnel.
removed
The metrics for assessing the effectiveness of such training, equipment, or assistance provided.
removed
An evaluation of the appropriate role of United States Government departments and agencies in carrying out and coordinating such programs.
removed
An evaluation of the appropriate role of contractors in carrying out such programs, and what modifications, if any, are needed to improve oversight of such contractors.
removed
Any other matters determined appropriate by the Secretary of Defense and Secretary of State.
removed
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
changed
Section 1204(b) of the congressional defense committees; andCarl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 362 note) is amended—
added
in paragraph (1), by striking “section 2249e” each place it appears and inserting “section 362”; and
added
in paragraph (3), by striking “section 2249e” and inserting “section 301(1)”.
removed
the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.
Sec. 1276 United States-Israel countering unmanned aerial systems cooperation
added Section 1279(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 22 U.S.C. 8606 note), as most recently amended by section 1278 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1700), is further amended—
removed
Report required—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation as appropriate with the Secretary of State, shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the missions, operations, and activities of the Department of Defense in Niger that includes the following:
removed
A description of the objectives and the associated lines of efforts of the Department in Niger, and the benchmarks for assessing progress toward such objectives.
removed
A description of the timeline for achieving such objectives in Niger.
removed
A justification of the relevance of such objectives in Niger to the national security of the United States and to the objectives in the National Defense Strategy.
removed
A description of steps the Department is taking to ensure that security cooperation in Niger is effectively coordinated with the diplomatic and development activities of the Department of State and the United States Agency for International Development.
removed
Consistent with the report required by section 1212 of this Act, a description of the legal, operational, and funding authorities relating to the lines of effort of the Department in Niger.
removed
An identification of measures to mitigate operational risk to and increase the preparedness of members of the Armed Forces conducting missions, operations, or activities in Niger.
removed
An assessment of the command and support relationships of United States Africa Command with subordinate commands associated with missions, operations, and activities in Niger, including Special Operations Command Africa.
removed
A description of each recommendation included the Army Regulation 15-6 investigation report conducted by United States Africa Command regarding the incident in Niger on October 4, 2017, the current implementation status of such recommendation, and a projected implementation timeline for any recommendation not yet implemented or a justification for not implementing such recommendation.
removed
An identification of the measures taken, consistent with such investigation report, to mitigate risk to and increase the preparedness of members of the Armed Forces conducting missions, operations, or activities in Niger and throughout Africa.
removed
Any other matter the Secretary determines to be appropriate.
removed
Scope of report— The report required by paragraph (1) may also include information with respect to United States missions, operations, and activities in other countries in the region, as appropriate.
changed
Form— The report required by subsection (a)(1) shall be submitted in unclassified form but may contain a classified annex.inserting “and capabilities for countering unmanned aerial systems” after “anti-tunnel capabilities”; and
added
by inserting “and unmanned aerial systems” after “underground tunnels”.
Sec. 1277 Three-year extension of authorization of non-conventional assisted recovery capabilities
added Section 943(g) of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4579), as most recently amended by section 1051(n) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1564), is further amended by striking “2021” and inserting “2024”.
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a report on the security relationship between the United States and the Republic of Cyprus.
removed
Elements— The report required by subsection (a) shall include the following:
removed
A description of ongoing military and security cooperation between the United States and the Republic of Cyprus.
removed
A discussion of potential steps for enhancing the bilateral security relationship between the United States and the Republic of Cyprus, including steps to enhance the military and security capabilities of the Republic of Cyprus.
removed
An analysis of the effectiveness of the United States arms embargo policy to deny applications for licenses and other approvals for the export of defense articles and defense services to the armed forces of the Republic of Cyprus, and the impact of such United States policy on—
removed
the bilateral security relationship between the United States and the Republic of Cyprus; and
removed
the ability of the United States and partners of the United States to achieve shared security objectives in the Eastern Mediterranean region.
removed
An analysis of the extent to which such United States policy is consistent with overall United States security and policy objectives in the Eastern Mediterranean region.
removed
An assessment of the potential impact of lifting such United States policy on United States interests relating to the Republic of Cyprus and the Eastern Mediterranean region.
removed
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1278 Revision of statutory references to former NATO support organizations and related NATO agreements
changed
It is the sense Section 2350d of Congress that—title 10, United States Code, is amended—
changed
the Government of the Republic of Turkey continues to unlawfully and wrongfully detain United States citizens, including Andrew Brunson by striking “NATO Support Organization” each place it appears and Serkan Golge, inserting “NATO Support and staff of United States missions in the Republic of Turkey; andProcurement Organization”;
changed
consistent with the obligations of the Government of the Republic of Turkey under the North Atlantic Treaty, which commits North Atlantic Treaty Organization allies to safeguard “the principles of democracy, individual liberty, and the rule of law”, the Government of the Republic of Turkey should immediately release all United States citizens who have been wrongfully detained and resolve such cases in a timely, fair, by striking “Support Partnership Agreement” each place it appears and transparent manner.inserting “Support or Procurement Partnership Agreement”;
added
in subsection (a)(1), by striking “Support Partnership Agreements” and inserting “Support or Procurement Partnership Agreements”; and
added
in subsection (b)(1), by striking “in Europe”.
Sec. 1279 Sense of the Congress concerning military-to-military dialogues
added It is the sense of Congress that—
removed
Title 10, United States Code— Section 2350d of title 10, United States Code, is amended—
removed
by striking “NATO Support Organization” each place it appears and inserting “NATO Support and Procurement Organization”;
removed
by striking “Support Partnership Agreement” each place it appears and inserting “Support or Procurement Partnership Agreement”; and
removed
in subsection (a)(1), by striking “Support Partnership Agreements” and inserting “Support or Procurement Partnership Agreements”.
changed
Arms Export Control Act— Section 21(e)(3) of military-to-military dialogues, including in the Arms Export Control Act (22 U.S.C. 2761(e)(3)) is amended—case of allies, partners, and adversaries and potential adversaries, can be a useful and important tool for advancing United States national security objectives in a complex, interactive, and dynamic security environment;
added
frameworks for military-to-military dialogues should be flexible and adaptable to such a security environment and should be informed by national security guidance, such as the 2017 National Security Strategy and the 2018 National Defense Strategy; and
added
military-to-military dialogues can and should be reliable, enduring, and tailorable based on circumstance, so that such dialogues can be trusted and available when needed, particularly amid escalating tensions.
removed
in subparagraph (A)—
removed
in the matter preceding clause (i), by striking “North Atlantic Treaty Organization (NATO) Support Organization” and inserting “North Atlantic Treaty Organization (NATO) Support and Procurement Organization”; and
removed
in clause (i), by striking “support partnership agreement” and inserting “support or procurement partnership agreement”; and
removed
in subparagraph (C)(i), in the matter preceding subclause (I)—
removed
by striking “weapon system partnership agreement” and inserting “support or procurement partnership agreement”; and
removed
by striking “North Atlantic Treaty Organization (NATO) Support Organization” and inserting “North Atlantic Treaty Organization (NATO) Support and Procurement Organization”.
Sec. 1280 Modifications to Global Engagement Center
added Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended—
removed
In general— Not later than March 1, 2019, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees a report on the feasibility and advisability of permanently stationing United States forces in the Republic of Poland.
changed
Elements— The report required by amending paragraph (2) of subsection (a) shall include the following:to read as follows:
added “(2) Purpose—The purpose of the Center shall be to direct, lead, synchronize, integrate, and coordinate efforts of the Federal Government to recognize, understand, expose, and counter foreign state and foreign non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States and United States allies and partner nations.”
removed
An assessment of the types of permanently stationed United States forces in Poland required to deter aggression by the Russian Federation and execute Department of Defense contingency plans, including combat enabler units in capability areas such as—
removed
combat engineering;
removed
logistics and sustainment;
removed
warfighting headquarters elements;
removed
long-range fires;
removed
air and missile defense;
removed
intelligence, surveillance, and reconnaissance; and
removed
electronic warfare.
removed
An assessment of the feasibility and advisability of permanently stationing a United States Army brigade combat team in the Republic of Poland that includes the following:
removed
An assessment whether a permanently stationed United States Army brigade combat team in Poland would enhance deterrence against Russian aggression in Eastern Europe.
removed
An assessment of the actions the Russian Federation may take in response to a United States decision to permanently station a brigade combat team in Poland.
removed
An assessment of the international political considerations of permanently stationing such a brigade combat team in Poland, including within the North Atlantic Treaty Organization (NATO).
removed
An assessment whether such a brigade combat team in Poland would support implementation of the National Defense Strategy.
removed
A description and assessment of the manner in which such a brigade combat team in Poland would affect the ability of the Joint Force to execute Department of Defense contingency plans in Europe.
removed
A description and assessment of the manner in which such a brigade combat team in Poland would affect the ability of the Joint Force to respond to a crisis inside the territory of a North Atlantic Treaty Organization ally that occurs prior to the invocation of Article 5 of the Washington Treaty by the North Atlantic Council.
removed
An identification and assessment of—
removed
potential locations in Poland for stationing such a brigade combat team;
removed
the logistics requirements, including force enablers, equipment, supplies, storage, and maintenance, that would be required to support such a brigade combat team in Poland;
removed
infrastructure investments by the United States and Poland, including new construction or upgrades of existing sites, that would be required to support such a brigade combat team in Poland;
removed
any new agreements, or changes to existing agreements, between the United States and Poland that would be required for a such a brigade combat team in Poland;
removed
any changes to the posture or capabilities of the Joint Force in Europe that would be required to support such a brigade combat team in Poland; and
removed
the timeline required to achieve the permanent stationing of such a brigade combat team in Poland.
removed
An assessment of the willingness and ability of the Government of Poland to provide host nation support for such a brigade combat team.
removed
An assessment whether future growth in United States Army end strength may be used to source additional forces for such a brigade combat team in Poland.
changed
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.subsection (b)—
added
by amending paragraph (1) to read as follows:
added “(1) Direct, lead, synchronize, integrate, and coordinate interagency and international efforts to track and evaluate counterfactual narratives abroad that threaten the policies, security, or stability of the United States and United States allies and partner nations.”
added
by amending paragraph (4) to read as follows:
added “(4) Identify current and emerging trends in foreign propaganda and disinformation in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign propaganda and disinformation, and pro-actively support the promotion of credible, fact-based narratives and policies to audiences outside the United States.”
added
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
added
by inserting after paragraph (5) the following new paragraph:
added “(6) Measure and evaluate the activities of the Center, including the outcomes of such activities, and implement mechanisms to ensure that the activities of the Center are updated to reflect the results of such measurement and evaluation.”
added
by amending paragraph (8), as so redesignated, to read as follows:
added “(8) Use information from appropriate interagency entities to identify the countries, geographic areas, and populations most susceptible to propaganda and disinformation, as well as the countries, geographic areas, and populations in which such propaganda and disinformation is likely to cause the most harm.”
added
in subsection (d), by amending paragraphs (1) and (2) to read as follows:
added “(1) Detailees and assignees—Any Federal Government employee may be detailed or assigned to the Center with or without reimbursement, consistent with applicable laws and regulations regarding such employee, and such detail or assignment shall be without interruption or loss of status or privilege.
added “(2) Other personnel—The Secretary of State should, when hiring additional United States citizen personnel, preference use of Foreign Service limited appointments in accordance with section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949). The Secretary may hire United States citizens or aliens, as appropriate, including as personal services contractors, for purposes of personnel resources of the Center, if—
added “(A) the Secretary determines that existing personnel resources or expertise are insufficient;
added “(B) the period in which services are provided by a personal services contractor, including options, does not exceed 3 years, unless the Secretary determines that exceptional circumstances justify an extension of up to one additional year;
added “(C) not more than 50 United States citizens or aliens are employed as personal services contractors under the authority of this paragraph at any time; and
added “(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent needs.”
added
in subsection (e), by amending paragraphs (1) and (2) to read as follows:
added “(1) In general—For each of fiscal years 2019 and 2020, the Secretary of Defense is authorized to transfer, from amounts appropriated to the Secretary pursuant to the authorization under this Act, to the Secretary of State not more than $60,000,000, to carry out the functions of the Center.
added “(2) Notice requirement—The Secretary of Defense shall notify the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives of a proposed transfer under paragraph (1) not less than 15 days prior to making such transfer.”
added
in subsection (f), by amending paragraphs (1) and (2) to read as follows:
added “(1) Authority for grants—The Center is authorized to provide grants or contracts of financial support to civil society groups, media content providers, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes:
added “(A) To support local entities and linkages among such entities, including independent media entities, that are best positioned to refute foreign propaganda and disinformation in affected communities.
added “(B) To collect and store examples of print, online, and social media disinformation and propaganda directed at the United States or United States allies and partner nations.
added “(C) To analyze and report on tactics, techniques, and procedures of foreign information warfare and other efforts with respect to disinformation and propaganda.
added “(D) To support efforts by the Center to counter efforts by foreign entities to use disinformation and propaganda to undermine or influence the policies, security, and social and political stability of the United States and United States allies and partner nations.
added “(2) Funding availability and limitations—The Secretary of State shall provide that each entity that receives funds under this subsection is selected in accordance with the relevant existing regulations through a process that ensures such entity has the credibility and capability to carry out effectively and in accordance with United States interests and objectives the purposes specified in paragraph (1) for which such entity received such funding.”
added
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
added
by inserting after subsection (g) the following new subsection:
added “(h) Congressional briefings—The Secretary of State, together with the heads of other relevant Federal departments and agencies, shall provide a briefing to the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives not less often than annually regarding the activities of the Global Engagement Center. The briefings required under this subsection shall terminate on the date specified in subsection (j).”
Sec. 1281 Report on acquisition and cross-servicing agreements
changed
In general— Not later than March 31, 2019, 30 days after entering into a cross-servicing agreement under section 2342 of title 10, United States Code, with a country or organization referred to in subsection (a)(1) of such section, and every 180 days thereafter for such period of time as the agreement remains in effect, the Secretary of Defense shall submit to the congressional defense committees a report detailing the Department’s efforts to enhance Committee on Armed Services of the United States’ leadership Senate and collaboration with the North Atlantic Treaty Organization with respect to Committee on Armed Services of the development House of Representatives a comprehensive, cross-domain strategy report with respect to build cyber-defense capacity and deter cyber attacks among Organization member countries.the agreement.
changed
Contents—Matters to be included— The report required by under subsection (a) shall address include the following:
changed
Improving cyber situational awareness among Organization member countries.The type of country or organization referred to in subsection (a)(1) of section 2342 of title 10, United States Code, with respect to which the Secretary of Defense entered into the agreement.
changed
Implementation of the cyber operational-domain roadmap of The date on which the Organization with respect to doctrine, political oversight and governance, planning, rules of engagement, and integration across Organization member countries.agreement was entered into under such section 2342.
changed
Planned cooperative efforts A description of the logistic support, supplies, and services to combat information warfare across Organization member countries.be provided to the military forces of the country or organization and any other transactions associated with the agreement.
changed
The development estimated dollar value of cyber capabilities, including cooperative development efforts and technology transfer.support provided by the United States under the agreement.
changed
Supporting stronger cyber partnerships with non-Organization member countries, as appropriate.A copy of the agreement, including all appendices.
added
An assessment as to whether or not the agreement is in United States national security interests.
added
The end date of the agreement.
added
Form— The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Sec. 1282 Prohibition on provision of weapons and other forms of support to certain organizations
added None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2019 may be used to provide weapons or any other form of support to—
removed
Report required—
removed
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the status of the United States relationship with the Republic of Turkey.
removed
Matters to be included— The report required under this subsection shall include the following:
removed
An assessment of United States military and diplomatic presence in the Republic of Turkey, including all military activities conducted from Incirlik Air Base or elsewhere.
removed
An assessment of the potential purchase by the Government of the Republic of Turkey of the S–400 air and missile defense system from the Russian Federation and the potential effects of such purchase on the United States-Turkey bilateral relationship, including an assessment of impacts on other United States weapon systems and platforms operated jointly with the Republic of Turkey to include—
removed
the F–35 Lightning II Joint Strike aircraft, including an assessment of the operational and counterintelligence risks posed by the deployment of the S–400 air and missile defense system in the Republic of Turkey and the steps required to mitigate those risks, if possible;
removed
the Patriot surface-to-air missile system;
removed
the CH–47 Chinook heavy lift helicopter;
removed
the AH–64 Attack helicopter;
removed
the H–60 Black Hawk utility helicopter; and
removed
the F–16 Fighting Falcon aircraft.
removed
An assessment of the Republic of Turkey’s participation in the F–35 program, including—
removed
a description of industrial participation of Turkish industry in the manufacturing and assembly of the F–35 program;
removed
an assessment of tooling and other manufacturing materials held by Turkish industry; and
removed
an assessment of the impacts of a significant change in participation by the Republic of Turkey in the F–35 program and the steps that would be required to mitigate negative impacts of such a change on the United States and other international program partners.
removed
An identification of potential alternative air and missile defense systems that could be purchased by the Government of the Republic of Turkey, including air and missile defense systems operated by the United States or other North Atlantic Treaty Organization (NATO) member states.
removed
Form— The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
changed
Limitation— The Department of Defense may not deliver any F–35 aircraft to Al Qaeda, the Republic Islamic State of Turkey, until Iraq and Syria (ISIS), Jabhat Fateh al Sham, or any individual or group affiliated with any such time as the report identified in subsection (a) has been submitted.organization; and
changed
Appropriate congressional committees defined— In this section, any other entity that the term “appropriate congressional committees” means—Secretary of Defense determines may trade or sell arms to terrorist organizations.
removed
the congressional defense committees; and
removed
the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives.
Sec. 1283 Certification and authority to terminate funding for academic research relating to foreign talent programs
added
Plan required— Not later than 180 days after the date of the enactment of this Act, and with respect to funds authorized to be appropriated or otherwise made available by this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to implement the certification requirement described in subsection (b) to ensure that applicants seeking such funds for educational or academic training or research verify that such funds shall not be made available to any individual who has participated in or is currently participating in a foreign talent or expert recruitment program of a country listed in subsection (d).
removed
It is the sense of Congress that—
changed
Certification requirement for funding— military-to-military dialogues, including in Beginning not later than 1 year after the case date of allies, partners, and adversaries the enactment of this Act and potential adversaries, can with respect to funds authorized to be a useful and important tool appropriated or otherwise made available by this Act, the Secretary of Defense shall require each applicant seeking such funds for advancing United States national security objectives educational or academic training and research, including at institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), policy institutes, federal laboratories, or research institutes, to include with the application a complex, interactive, and dynamic security environment;certification that none of the funds received by such applicant shall be made available to any individual who has participated in or is currently participating in a foreign talent or expert recruitment program of a country listed in subsection (d).
changed
Authority to terminate funding— frameworks for military-to-military dialogues should be flexible and adaptable to such a security environment and should be informed by national security guidance, such as Beginning 1 year after the 2017 National Security Strategy and date of the 2018 National enactment of this Act, the Secretary of Defense Strategy; andmay terminate existing funding of, or prohibit the award of future funding to, a current recipient if such recipient is unable to provide the certification described in subsection (b) with respect to such existing funding.
changed
Countries listed— military-to-military dialogues can and should be reliable, enduring, and tailorable based on circumstance, so that such dialogues can be trusted and available when needed, particularly amid escalating tensions.The countries listed in this subsection are the following:
added
The People’s Republic of China.
added
The Democratic People’s Republic of Korea.
added
The Russian Federation.
added
The Islamic Republic of Iran.
Sec. 1284 Sense of Congress on support for Georgia
added
Findings— Congress finds the following:
added
Georgia is a valued friend of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including the deployment of Georgian forces as part of the International Security Assistance Force (ISAF) led by the North Atlantic Treaty Organization (NATO) in Afghanistan and the Multi-National Force in Iraq.
added
The European Deterrence Initiative builds the partnership capacity of Georgia so it can work more closely with the United States and NATO, as well as provide for its own defense.
added
In addition to the European Deterrence Initiative, Georgia’s participation in the NATO initiative Partnership for Peace is paramount to interoperability with the United States and NATO, and establishing a more peaceful environment in the region.
added
Despite the losses suffered, as a NATO partner of ISAF, Georgia is committed to the Resolute Support Mission in Afghanistan with the fourth-largest contingent on the ground.
removed
Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended—
changed
Sense of Congress— by amending paragraph (2) of subsection (a) to read as follows:Congress—
added
reaffirms United States support for Georgia’s sovereignty and territorial integrity within its internationally-recognized borders, and does not recognize the independence of the Abkhazia and South Ossetia regions currently occupied by the Russian Federation; and
added
supports continued cooperation between the United States and Georgia and the efforts of the Government of Georgia to provide for the defense of its people and sovereign territory.
removed
“(2) Purpose—The purpose of the Center shall be to direct, lead, synchronize, integrate, and coordinate efforts of the Federal Government to recognize, understand, expose, and counter foreign state and foreign non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States and United States allies and partner nations.”
removed
in subsection (b)—
removed
by amending paragraph (1) to read as follows:
removed
“(1) Direct, lead, synchronize, integrate, and coordinate interagency and international efforts to track and evaluate counterfactual narratives abroad that threaten the policies, security, or stability of the United States and United States allies and partner nations.”
removed
by amending paragraph (4) to read as follows:
removed
“(4) Identify current and emerging trends in foreign propaganda and disinformation in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign propaganda and disinformation, and pro-actively support the promotion of credible, fact-based narratives and policies to audiences outside the United States.”
removed
by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
removed
by inserting after paragraph (5) the following new paragraph:
removed
“(6) Measure and evaluate the activities of the Center, including the outcomes of such activities, and implement mechanisms to ensure that the activities of the Center are updated to reflect the results of such measurement and evaluation.”
removed
by amending paragraph (8), as so redesignated, to read as follows:
removed
“(8) Use information from appropriate interagency entities to identify the countries, geographic areas, and populations most susceptible to propaganda and disinformation, as well as the countries, geographic areas, and populations in which such propaganda and disinformation is likely to cause the most harm.”
removed
in subsection (d), by amending paragraphs (1) and (2) to read as follows:
removed
“(1) Detailees and assignees—Any Federal Government employee may be detailed or assigned to the Center with or without reimbursement, consistent with applicable laws and regulations regarding such employee, and such detail or assignment shall be without interruption or loss of status or privilege.
removed
“(2) Temporary personnel—The Secretary of State should, when hiring temporary United States citizen personnel, preference the use of Foreign Service limited appointments both in the United States and abroad in accordance with section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949). The Secretary may hire United States citizens or aliens, as appropriate, including as personal services contractors, for purposes of personnel resources of the Center, if—
removed
“(A) the Secretary determines that existing personnel resources or expertise are insufficient;
removed
“(B) the period in which services are provided by a personal services contractor, including options, does not exceed 3 years, unless the Secretary determines that exceptional circumstances justify an extension of up to one additional year;
removed
“(C) not more than 50 United States citizens or aliens are employed as personal services contractors under the authority of this paragraph at any time; and
removed
“(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent needs.”
removed
in subsection (e), by amending paragraphs (1) and (2) to read as follows:
removed
“(1) In general—For each of fiscal years 2019 and 2020, the Secretary of Defense is authorized to transfer, from amounts appropriated to the Secretary pursuant to the authorization under this Act, to the Secretary of State not more than $60,000,000, to carry out the functions of the Center.
removed
“(2) Notice requirement—The Secretary of Defense shall notify the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives of a proposed transfer under paragraph (1) not less than 15 days prior to making such transfer.”
removed
in subsection (f), by amending paragraphs (1) and (2) to read as follows:
removed
“(1) Authority for grants—The Center is authorized to provide grants or contracts of financial support to civil society groups, media content providers, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes:
removed
“(A) To support local entities and linkages among such entities, including independent media entities, that are best positioned to refute foreign propaganda and disinformation in affected communities.
removed
“(B) To collect and store examples of print, online, and social media disinformation and propaganda directed at the United States or United States allies and partner nations.
removed
“(C) To analyze and report on tactics, techniques, and procedures of foreign information warfare and other efforts with respect to disinformation and propaganda.
removed
“(D) To support efforts by the Center to counter efforts by foreign entities to use disinformation and propaganda to undermine or influence the policies, security, and social and political stability of the United States and United States allies and partner nations.
removed
“(2) Funding availability and limitations—The Secretary of State shall provide that each entity that receives funds under this subsection is selected in accordance with the relevant existing regulations through a process that ensures such entity has the credibility and capability to carry out effectively and in accordance with United States interests and objectives the purposes specified in paragraph (1) for which such entity received such funding.”
removed
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
removed
by inserting after subsection (g) the following new subsection:
removed
“(h) Congressional briefings—The Secretary of State, together with the heads of other relevant Federal departments and agencies, shall provide a briefing to the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives not less often than annually regarding the activities of the Global Engagement Center. The briefings required under this subsection shall terminate on the date specified in subsection (j).”
Sec. 1285 Sense of Congress on support for Estonia, Latvia, and Lithuania
added
Findings— Congress finds the following:
added
The Baltic countries of Estonia, Latvia, and Lithuania are highly valued allies of the United States, and they have repeatedly demonstrated their commitment to advancing our mutual interests as well as those of the NATO Alliance.
added
Operation Atlantic Resolve is a series of exercises and coordinating efforts demonstrating the United States’ commitment to its European partners and allies, including the Baltic countries of Estonia, Latvia, and Lithuania, with the shared goal of peace and stability in the region. Operation Atlantic Resolve strengthens communication and understanding, and is an important effort to deter Russian aggression in the region.
added
Through Operation Atlantic Resolve, the European Deterrence Initiative undertakes exercises, training, and rotational presence necessary to reassure and integrate our allies, including the Baltic countries, into a common defense framework.
added
All three Baltic countries contributed to the NATO-led International Security Assistance Force in Afghanistan, sending troops and operating with few caveats. The Baltic countries continue to commit resources and troops to the Resolute Support Mission in Afghanistan.
removed
It is the sense of Congress that the Secretary of Defense and the Secretary of State should—
changed
Sense of Congress— work together to build and lead an international effort among like-minded democratic countries to increase awareness of and resilience to the Kremlin’s malign influence operations; andCongress—
added
reaffirms its support for the principle of collective defense in Article 5 of the North Atlantic Treaty for our NATO allies, including Estonia, Latvia, and Lithuania;
added
supports the sovereignty, independence, territorial integrity, and inviolability of Estonia, Latvia, and Lithuania as well as their internationally recognized borders, and expresses concerns over increasingly aggressive military maneuvering by the Russian Federation near their borders and airspace;
added
expresses concern over and condemns subversive and destabilizing activities by the Russian Federation within the Baltic countries; and
added
encourages the Administration to further enhance defense cooperation efforts with Estonia, Latvia, and Lithuania and supports the efforts of their Governments to provide for the defense of their people and sovereign territory.
removed
urgently prioritize submission of the report required by section 1239A(d) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1671) on a comprehensive strategy to counter malign activities of Russia.
Sec. 1286 Report on United States strategy in Yemen
added Not later than February 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report describing the strategy of the United States Armed Forces with respect to Yemen that includes a description of—
added
the activities that the United States Armed Forces are currently undertaking in Yemen;
removed
Initiative required— The Secretary of Defense shall, in consultation with other appropriate government organizations, establish an initiative to work with academic institutions who perform defense research and engineering activities—
removed
to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security;
removed
to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise; and
removed
to support efforts toward development of domestic talent in relevant scientific and engineering fields.
removed
Institutions and organizations—
removed
In general— The initiative required by subsection (a) shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations.
removed
Record of excellence— In selecting research institutions of higher education under this subsection, the Secretary shall prioritize selection of institutions of higher education that the Secretary determines demonstrate a record of excellence in industrial security in academia and in research and development.
changed
Requirements— The initiative required by subsection (a) shall include development the costs associated with the involvement of the following:United States Armed Forces in Yemen, including costs relating to counterterrorism activities, refueling missions, or other military activities;
removed
Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise.
removed
Training and other support for academic institutions to promote security and limit undue influence on institutions and personnel, including financial support for execution for such activities.
removed
The capacity of government and academic institutions and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs.
removed
Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against foreign intelligence services.
removed
Regulations and procedures—
removed
for government and academic organizations and personnel to support the goals of the initiative; and
removed
that are consistent with policies that protect open and scientific exchange in fundamental research.
removed
Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs.
removed
Initiatives to support the transition of the results of academic institution research programs into defense capabilities.
changed
Briefing— Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the congressional defense committees on the following:key United States military interests, objectives, long-term goals, and end-states for Yemen;
added
indicators for the effectiveness of United States military efforts to achieve such interests, objectives, goals, or end-states;
removed
Ongoing implementation of the initiative required by subsection (a).
removed
The development of a definition for “foreign talent programs” for the purposes of the initiative.
removed
The preliminary results of the report required by subsection (e).
removed
Report—
removed
In general— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the activities carried out under the initiative required by subsection (a).
removed
Contents— The report required by paragraph (1) shall include the following:
removed
A description of the activities conducted and the progress made under the initiative.
removed
The findings of the Secretary with respect to the initiative.
removed
Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection (a), including actions related to foreign talent programs.
removed
Identification and discussion of the gaps in legal authorities that need to be improve to enhance the security of research institutions of higher education performing defense research.
removed
A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the initiative.
removed
Form— The report submitted under paragraph (1) shall be submitted in both unclassified and classified formats, as appropriate.
changed
Institution of higher education defined— The term institution of higher education has the meaning given such term how current United States military efforts in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).Yemen align with such objectives;
added
the estimated annual resources required through fiscal year 2022 for the United States Armed Forces to achieve such objectives;
added
the current legal authorities supporting United States military efforts in Yemen; and
added
any other matters the Secretary determines to be relevant.
Sec. 1287 Report on Hizballah
changed
In general— Not later than 180 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and other appropriate agencies, President shall submit provide to the appropriate congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee committees a report on Foreign Affairs Hizballah. Such report shall include each of the House of Representatives a report regarding narcotics trafficking corruption and illicit campaign finance in Honduras, Guatemala, and El Salvador.following:
added
An accounting of Hizballah’s known rocket arsenal.
added
An evaluation of the impact of the United Nations Interim Force in Lebanon mandate.
added
An evaluation of the tactical and strategic capabilities of Hizballah, including such capabilities related to defense.
added
A detailed description of the known supply routes used in the illegal procurement of weapons for Hizballah.
added
An estimate of companies and other entities that support Hizballah’s network.
added
An assessment of the effects of the interference of Hizballah in conflicts throughout the Middle East region.
added
An assessment of how Hizballah raises, holds, and spends funds in territories where United Nations Interim Force in Lebanon operates.
changed
Matters to be included—Appropriate congressional committees— The report required under subsection (a) shall include—In this section, the term “appropriate congressional committees” means—
changed
the names Committees on Armed Services of senior government officials in Honduras, Guatemala, the Senate and El Salvador who are known to have committed or facilitated acts House of grand corruption or narcotics trafficking;Representatives;
changed
the names Committee on Foreign Affairs of elected officials in Honduras, Guatemala, and El Salvador who are known to have received campaign funds that are the proceeds House of narco-trafficking or other illicit activities in the last 2 years; andRepresentatives;
changed
the names of individuals in Honduras, Guatemala, and El Salvador who are known to have facilitated the financing of political campaigns in any of the Northern Triangle countries with the proceeds Committee on Foreign Relations of narco-trafficking or other illicit activities in the last 2 years.Senate;
added
the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Select Committee on Intelligence of the Senate.
removed
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1288 Rule of construction
changed
Subsection (a) of section 1275 of the National Defense Authorization Nothing in this Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2540), shall be construed as amended by section 1262(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1689), is further amended by striking “the Committees on Armed Services of the Senate and the House of Representatives” and inserting “the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of authorizing the House use of Representatives”.force against North Korea.
Sec. 1289 Modification of freedom of navigation reporting requirements
changed
Section 1293 Subsection (a) of section 1275 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 19 U.S.C. 3723 note) 130 Stat. 2540), as amended by section 1262(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1689), is further amended by adding at striking “the Committees on Armed Services of the end Senate and the following:House of Representatives” and inserting “the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives”.
removed
“(c) Coordination with Millennium Challenge Corporation
removed
“(1) In general—After the date of the enactment of this subsection, with respect to those countries identified under section 110(b)(1) of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) that also meet the country description in paragraph (2), the United States Trade Representative shall consult and coordinate with the Millennium Challenge Corporation and the United States Agency for International Development for the purpose of developing and carrying out the plan required by section 116(b) of the African Growth and Opportunity Act (19 U.S.C. 3723(b)).
removed
“(2) Country description—A country is described in this paragraph if the country—
removed
“(A) has entered into a Millennium Challenge Compact pursuant to section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708); or
removed
“(B) is selected by the Board of Directors of the Millennium Challenge Corporation under subsection (c) of section 607 of that Act (22 U.S.C. 7706) from among the countries determined to be eligible countries under subsection (a) of that section.”
Sec. 1290 Sense of Congress regarding the role of the United States in the North Atlantic Treaty Organization
added It is the sense of Congress that continued United States leadership in the North Atlantic Treaty Organization is critical to the national security of the United States.
removed
Restriction—
removed
In general— Subject to paragraph (2), if the Secretary of State is unable under subsection (c) or (d) to certify that the Government of Saudi Arabia and the Government of the United Arab Emirates are undertaking the effort, measures, and actions described in subsection (c), no Federal funds may be obligated or expended after the deadline for the applicable certification to provide authorized in-flight refueling pursuant to section 2342 of title 10, United States Code, or other applicable statutory authority, of Saudi or Saudi-led coalition non-United States aircraft conducting missions in Yemen, other than missions related to—
removed
al Qaeda, al Qaeda in the Arabian Peninsula (AQAP), or the Islamic State in Iraq and Syria (ISIS);
removed
countering the transport, assembly, or employment of ballistic missiles or components in Yemen;
removed
helping coalition aircraft return safely to base in emergency situations;
removed
force protection of United States aircraft, ships, or personnel; or
removed
freedom of navigation for United States military and international commerce.
removed
Waiver— The Secretary may waive the restriction in paragraph (1) with respect to a particular certification if the Secretary—
removed
certifies to the appropriate committees of Congress that the waiver is in the national security interests of the United States; and
removed
submits to the appropriate committees of Congress a report, in written and unclassified form, setting forth—
removed
the effort in subsection (c)(1)(A), measures in subsection (c)(1)(B), or actions in subsections (c)(1)(C) or (c)(2), or combination thereof, about which the Secretary is unable to make the certification;
removed
a detailed explanation why the Secretary is unable to make the certification about such effort, measures, or actions;
removed
a description of the actions the Secretary is taking to encourage the Government of Saudi Arabia or the Government of the United Arab Emirates, as applicable, to undertake such effort, measures, or actions; and
removed
a detailed justification for the waiver.
removed
Reporting requirement— Not later than 30 days after the date of the enactment of this Act, the President or the President’s designee shall provide a briefing to the appropriate committees of Congress including, at a minimum—
removed
a description of Saudi Arabia and the United Arab Emirates’ military and political objectives in Yemen and whether United States assistance to the Saudi-led coalition has resulted in significant progress towards meeting those objectives;
removed
a description of efforts by the Government of Saudi Arabia to avoid disproportionate harm to civilians and civilian objects in Yemen, and an assessment of whether United States assistance to the Saudi-led coalition has led to a demonstrable decrease in civilians killed or injured by Saudi-led airstrikes and damage to civilian infrastructure;
removed
an assessment of the United Nations Verification and Inspection Mechanism (UNVIM) in Yemen and an assessment of the need for existing secondary inspection and clearance processes and transshipment requirements on humanitarian and commercial vessels that have been cleared by UNVIM;
removed
a description of the sources of external support for the Houthi forces, including financial assistance, weapons transfers, operational planning, training, and advisory assistance;
removed
an assessment of the applicability of United States and international sanctions to Houthi forces that have committed grave human rights abuses, obstructed international aid, and launched ballistic missiles into Saudi territory, and an assessment of the applicability of United States and international sanctions to individuals or entities providing the Houthi forces with material support; and
removed
an assessment of the effect of the Saudi-led coalition’s military operations in Yemen on the efforts of the United States to defeat al Qaeda in the Arabian Peninsula and the Islamic State of Iraq and the Levant.
removed
Initial certification— Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a certification indicating whether—
removed
the Government of Saudi Arabia and the Government of the United Arab Emirates are undertaking—
removed
an urgent and good faith effort to support diplomatic efforts to end the civil war in Yemen;
removed
appropriate measures to alleviate the humanitarian crisis in Yemen by increasing access for Yemenis to food, fuel, medicine, and medical evacuation, including through the appropriate use of Yemen’s Red Sea ports, including the port of Hudaydah, the airport in Sana’a, and external border crossings with Saudi Arabia; and
removed
demonstrable actions to reduce the risk of harm to civilians and civilian infrastructure resulting from military operations of the Government of Saudi Arabia and the Government of the United Arab Emirates in Yemen, including by—
removed
complying with applicable agreements and laws regulating defense articles purchased or transferred from the United States; and
removed
taking appropriate steps to avoid disproportionate harm to civilians and civilian infrastructure; and
removed
in the case of Saudi Arabia, the Government of Saudi Arabia is undertaking appropriate actions to reduce any unnecessary delays to shipments associated with secondary inspection and clearance processes other than UNVIM.
removed
Subsequent certifications— Not later than 180 and 360 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a certification indicating whether the Government of Saudi Arabia and the Government of the United Arab Emirates are undertaking the effort, measures, and actions described in subsection (c).
removed
Rule of construction— Nothing in this section may be construed as authorizing the use of military force.
removed
Form of certifications— The certifications required under subsections (c) and (d) shall be written, detailed, and submitted in unclassified form.
removed
Strategy required— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate committees of Congress an unclassified report listing United States objectives in Yemen and detailing a strategy to accomplish those objectives. The report shall be unclassified but may include a classified annex.
removed
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
removed
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
removed
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
Sec. 1291 Sense of Congress and reaffirming the commitment of the United States to the North Atlantic Treaty Organization (NATO)
added
Findings— Congress finds the following:
added
On April 4, 1949, the North Atlantic Treaty Organization (NATO) was founded with the ideals of democracy, individual liberty, and the desire for peaceful resolutions of disputes.
added
For over six decades, NATO has been a successful intergovernmental political and military alliance.
added
NATO’s collective defense acts as a deterrent to aggression where the alliance defends its Allied countries against external security threats.
added
NATO strengthens the security of the United States by utilizing an integrated military coalition.
added
While Russia has continued to threaten the sovereignty of countries in Europe and exhibit threatening behavior toward our own military assets, NATO sends a clear collective message that the Alliance will not tolerate Russia's provocation.
added
In respect to the changing threats against Europe and the United States since the end of the Cold War, NATO has evolved to take on new dangers including terrorism, the spread of weapons of mass destruction, and cyber attacks.
added
After the September 11, 2001, terrorist attacks on the United States, NATO invoked Article 5 of the North Atlantic Treaty for the first time in NATO’s history to deploy military resources to Afghanistan in support of the United States mission to combat a dangerous terrorist threat.
added
NATO aided the United States military by leading the International Security Assistance Force in Afghanistan from August 2003 to 2014, working with Afghan authorities to respond to the terrorist insurgency and to provide effective security across the country.
added
NATO continues a civilian-led presence in Afghanistan to strengthen Afghan security forces and institutions to ensure the country can rebuild its security operations and end safe haven for terrorists.
added
In November 2002 at the Prague Summit, NATO leaders adopted a Prague package to adapt NATO to the challenge of combating terrorism which included a Military Concept for Defense against Terrorism, a Partnership Action Plan against Terrorism, missile defense, cyber defense, and enhanced intelligence sharing.
added
In November 2006 at the Riga Summit, NATO declared that “terrorism, increasingly global in scope and lethal in results, and the spread of weapons of mass destruction are likely to be the principal threats to the Alliance over the next 10 to 15 years”.
added
In July 2016 at the Warsaw Summit, NATO leaders agreed to strengthen the Alliance’s military presence in Eastern Europe, declared Initial Operational Capability of NATO’s Ballistic Missile Defense to strengthen the defense of Allied countries against ballistic missiles, and recognized cyberspace as a new operational domain.
added
The attacks in Paris, France; Berlin, Germany; Istanbul, Turkey; Manchester, England; Barcelona, Spain; and Brussels, Belgium, home of the NATO Headquarters, shows the importance of an international alliance to combat terrorist groups.
added
Sense of Congress— It is the sense of Congress that—
added
the United States reaffirms its commitment to the North Atlantic Treaty Organization (NATO) as the foundation of transatlantic security and defense;
added
NATO serves as a critical coalition in preserving peace and stability in the transatlantic region;
added
NATO’s continued effort to develop new capabilities and technologies to combat terrorism and a changing international security environment are crucial to enhancing national security and strengthening the United States ability to combat evolving security threats; and
added
the United States encourages each NATO member country to meet or exceed the commitment to spend two percent of its Gross Domestic Product (GDP) on defense.
removed
Removal of treatment as terrorist organizations—
removed
In general— Except as provided in paragraph (2), the Rwandan Patriotic Front and the Rwandan Patriotic Army shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for purposes of such section 212(a)(3)(B) for any period before August 1, 1994.
removed
Exception—
removed
In general— The Secretary of State, in consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, as applicable, may suspend the application of paragraph (1) for the Rwandan Patriotic Front or the Rwandan Patriotic Army in the sole and unreviewable discretion of such applicable Secretary.
removed
Report— Not later than, or contemporaneously with, a suspension of paragraph (1) under subparagraph (A), the Secretary of State or the Secretary of Homeland Security, as applicable, shall submit to the appropriate committees of Congress a report on the justification for such suspension.
removed
Relief from inadmissibility—
removed
Activities before August 1, 1994— Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien with respect to any activity undertaken by the alien in association with the Rwandan Patriotic Front or the Rwandan Patriotic Army before August 1, 1994.
removed
Exceptions—
removed
In general— Paragraph (1) shall not apply if the Secretary of State or the Secretary of Homeland Security, as applicable, determines in the sole unreviewable discretion of such applicable Secretary that—
removed
in the totality of the circumstances, such alien—
removed
poses a threat to the safety and security of the United States; or
removed
does not merit a visa, admission to the United States, or a grant of an immigration benefit or protection; or
removed
such alien committed, ordered, incited, assisted, or otherwise participated in the commission of—
removed
an offense described in section 2441 of title 18, United States Code; or
removed
an offense described in Presidential Proclamation 8697, dated August 4, 2011.
removed
Implementation— Subparagraph (A) shall be implemented by the Secretary of State and the Secretary of Homeland Security, in consultation with the Attorney General.
removed
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
removed
the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
removed
the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
Sec. 1292 Sense of Congress relating to increases in defense capabilities of United States allies
added It is the sense of Congress that the President, in furtherance of increased unity, equitable sharing of the common defense burden, and international stability, should—
removed
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to implement the Arms Trade Treaty, or to make any change to existing programs, projects, or activities as approved by Congress in furtherance of, pursuant to, or otherwise to implement such Treaty, unless the Treaty has received the advice and consent of the Senate and has been the subject of implementing legislation, as required, by Congress.
changed
Rule of Construction— Nothing in this section shall be construed to preclude the Department of Defense from assisting foreign encourage all member countries in bringing of the North Atlantic Treaty Organization (“NATO allies”) to fulfill their laws and regulations up commitments to United States standards.levels and composition of defense expenditures as agreed upon at the NATO 2014 Wales Summit and NATO 2016 Warsaw Summit;
added
call on NATO allies to finance, equip, and train their armed forces to fulfill their national and regional security interests; and
added
recognize NATO allies that are meeting their defense spending commitments or otherwise providing adequately for their national and regional security interests.
Sec. 1293 Report on threats by the Muslim Brotherhood
added
Sense of Congress— It is the sense of Congress that the Muslim Brotherhood is a threat to the United States.
added
Strategy—
added
In general— Not later than one year after the date of the enactment of this Act, the President and the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report that contains an assessment of the threats posed to the United States by the Muslim Brotherhood.
added
Matters to be included— The report required under paragraph (1) shall include the following:
added
A description of the origins of the Muslim Brotherhood.
added
A description of the strategic aims of the Muslim Brotherhood.
added
A description of the tactical methods of the Muslim Brotherhood.
added
A description of the funding sources of the Muslim Brotherhood.
added
A description of the leadership structures of the Muslim Brotherhood.
added
Any other matters the President and Secretary of Defense consider appropriate.
added
Form— The required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Definition— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2019 may be used to knowingly provide weapons or any other form of support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat Fateh al Sham, or any individual or group affiliated with any such organization.
Sec. 1294 Report by Defense Intelligence Agency on certain military capabilities of China and Russia
changed
In general—Report— Section 231 The Director of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525) is amended—Defense Intelligence Agency shall submit to the Secretary of Defense and the appropriate congressional committees a report on the military capabilities of the People’s Republic of China and the Russian Federation.
removed
by redesignating subsections (d) and (e) as subsection (e) and (f), respectively; and
removed
by inserting after subsection (c), as amended, the following new subsection:
removed
“(d) Modified waiver authority for certain sanctionable transactions under this section
removed
“(1) In general—The President may use the authority under section 236(b) to waive the application of sanctions with respect to a person under this section without regard to section 216 if, not later than 30 days prior to the waiver taking effect, the President certifies in writing to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that—
removed
“(A) the waiver is in the national security interests of the United States;
removed
“(B) the significant transaction described in subsection (a) that the person engaged in with respect to which the waiver is being exercised—
removed
“(i) is not a significant transaction with—
removed
“(I) the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation;
removed
“(II) the Federal Security Service of the Russian Federation;
removed
“(III) the Foreign Intelligence Service of the Russian Federation;
removed
“(IV) Autonomous Noncommercial Professional Organization/Professional Association of Designers of Data Processing (ANO PO KSI);
removed
“(V) the Special Technology Center;
removed
“(VI) Zorsecurity; or
removed
“(VII) any person that the Secretary of State, in consultation with the Director of National Intelligence, determines—
removed
“(aa) to be part of, or operating for or on behalf of, the defense or intelligence sector of the Government of the Russian Federation; and
removed
“(bb) has directly participated in or facilitated cyber intrusions by the Government of the Russian Federation; and
removed
“(ii) would not—
removed
“(I) endanger the integrity of any multilateral alliance of which the United States is a part;
removed
“(II) adversely affect ongoing operations of the Armed Forces of the United States, including coalition operations in which the Armed Forces of the United States participate;
removed
“(III) result in a significant negative impact to defense cooperation between the United States and the country whose government has primary jurisdiction over the person; and
removed
“(IV) significantly increase the risk of compromising United States defense systems and operational capabilities; and
removed
“(C) the government with primary jurisdiction over the person—
removed
“(i) is taking or will take steps to reduce its inventory of major defense equipment and advanced conventional weapons produced by the defense sector of the Russian Federation as a share of its total inventory of major defense equipment and advanced conventional weapons over a specified period; or
removed
“(ii) is cooperating with the United States Government on other security matters that are critical to United States strategic interests.
removed
“(2) Form—The certification described in paragraph (1) shall be transmitted in an unclassified form, and may contain a classified annex.
removed
“(3) Report
removed
“(A) In general—Not later than 120 days after the date on which the President submits a certification described in paragraph (1) with respect to the waiver of the application of sanctions with respect to a person under this section, and annually thereafter for two years, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the waiver.
removed
“(B) Matters to be included—The report required by subparagraph (A) shall include—
removed
“(i) the extent to which such waiver has or has not resulted in the compromise of United States systems and operational capabilities, including through the diversion of United States sensitive technology to a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; and
removed
“(ii) the extent to which the government with primary jurisdiction over the person is taking specific actions to further the enforcement of this title.”
changed
Rule of construction—Matters included— Nothing in subsection (d) of section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525), as added by The report under subsection (a) of this section, shall be construed to modify, waive, or terminate any existing sanctions include, with respect to the Russian Federation, including any Russian person or entity, that are in effect on the date military of China and the enactment military of this Act.Russia, the following:
added
An update on the presence, status, and capability of the military with respect to any national training centers similar to the Combat Training Center Program of the United States.
added
An analysis of a readiness deployment cycle of the military, including—
added
as compared to such a cycle of the United States; and
added
an identification of metrics used in the national training centers of that military.
added
A comprehensive investigation into the capability and readiness of the mechanized logistics of the army of the military, including—
added
an analysis of field maintenance, sustainment maintenance, movement control, intermodal operations, and supply; and
added
how such functions under subparagraph (A) interact with specific echelons of that military.
added
An assessment of the future of mechanized army logistics of that military.
added
Nonduplication of efforts— The Defense Intelligence Agency may make use of or add to any existing reports completed by the Agency in order to respond to the reporting requirement.
removed
Report—
removed
Initial report— Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that describes those persons that the President has determined under section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525) have knowingly engaged, on or after August 2, 2017, in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, as defined in guidance required under subsection (e) of that section, as redesignated by subsection (a)(1) of this section.
removed
Updates— Not later than 90 days after the date of the submission of the report required by paragraph (1), and every 90 days thereafter for a period of 5 years, the President shall submit to the appropriate congressional committees an update to the report required by that paragraph.
removed
Elements— The report required by paragraph (1) and each update required by paragraph (2) shall contain the following:
removed
A list of persons that the President has determined under section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525) have knowingly engaged, on or after August 2, 2017, in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, as defined in guidance required under subsection (e) of that section, as redesignated by subsection (a)(1) of this section.
removed
For the initial report required by paragraph (1), a year-by-year and country-by-country description of significant transactions from persons described in paragraph (1), dating back to August 2, 2017, and for each update required by paragraph (2), such a description of significant transactions dating back to the date of submission of the most recent report submitted under paragraph (1) or the most recent update submitted under paragraph (2), as applicable.
removed
A description of the significant transactions described in subsection (a) of such section 231, including, for each such transaction, types of material and equipment involved, the monetary value of the transaction, and the duration of any contract involved.
removed
A description of the diplomatic efforts by the Government of the United States, if any, to persuade persons to no longer conduct significant transactions with persons that are part of, or operate for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, as defined in guidance required under subsection (e) of such section 231, as redesignated by subsection (a)(1) of this section.
removed
A description of significant transactions with persons that are part of, or operate for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, if any, that the Government of the United States through diplomatic efforts was able to persuade persons not to engage in, including a description of each such transaction and the monetary value of the transaction.
removed
Form— The initial report required by paragraph (1) and each update required under paragraph (2) shall be submitted in unclassified form, but may contain a classified annex.
removed
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” has the meaning given that term in section 221 of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9521) and includes the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
changed
Exception relating to importation of goods—Form— No provision affecting sanctions The report under this section or an amendment made by this section shall apply to any portion of a sanction that affects the importation of goods.subsection (a) may be submitted in classified form.
added
Briefing— The Director shall provide a briefing to the Secretary and the committees specified in subsection (a) on the report under such subsection.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.
Sec. 1295 Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin
added
Sense of congress— Congress—
added
strongly condemns the ongoing violence and the systematic gross human rights violations against the people of Nigeria and the Lake Chad Basin carried out by Boko Haram;
added
expresses its support for the people of Nigeria and the Lake Chad Basin who wish to live in a peaceful, economically prosperous, and democratic region; and
added
calls on the President to support Nigerian, Lake Chad Basin, and international community efforts to ensure accountability for crimes against humanity committed by Boko Haram against the people of Nigeria and the Lake Chad Basin, particularly the young girls kidnapped from Chibok and other internally displaced persons affected by the actions of Boko Haram.
added
Report—
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Attorney General shall jointly submit to Congress a report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.
added
Elements— The report required under paragraph (1) shall include the following elements:
added
A description of initiatives undertaken by the Department of Defense to assist the Government of Nigeria and countries in the Lake Chad Basin to develop capacities to deploy special forces to combat Boko Haram.
added
A description of United States activities to enhance the capacity of Nigeria and countries in the Lake Chad Basin to investigate and prosecute human rights violations perpetrated against the people of Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda affiliates, and other terrorist organizations, in order to promote respect for rule of law in Nigeria and the Lake Chad Basin.
removed
Nothing in this Act may be construed to authorize the use of force against Iran or North Korea.
Sec. 1296 Report on interference in Libya by military and security forces of other foreign nations
added
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a report on the military activities of external actors in Libya, including Russia, Egypt, and the United Arab Emirates.
added
Elements— The report required by subsection (a) shall also include the following:
added
An assessment of military, security, and influence activities by foreign countries in Libya, including—
added
actions that violate or seek to violate the United Nations arms embargo on Libya imposed pursuant to United Nations Security Council Resolution 1970 (2011);
added
actions outside the scope of such Resolution that seek to increase the relative strength of either the eastern or western coalition in Libya, including through financing, policy coordination, or political support;
added
the extent to which the actions described in subparagraph (A) and (B) involve United States-origin equipment and violate contractual conditions of acceptable use of such equipment;
added
An assessment of whether the actions described in subparagraphs (A) and (B) of paragraph (1) have undermined the United Nations-led and United States-supported negotiations or the objective of political reconciliation and stabilization in Libya.
added
An assessment of Russian influence in Libya and Egypt, including:
added
Russian efforts to provide logistical, material or political assistance to Libyan parties, establish a military presence, and expand political influence in Libya, and any facilitation by Egyptian officers or officials for such activities;
added
whether the presence and activities of Russian personnel and equipment in Libya and Egypt, and Russian requests to establish bases in Egypt, pose or could pose a future challenge to the United States’ ability to operate in Egypt, Libya, or the southern Mediterranean broadly, including overflight privileges; and
added
whether Egypt is facilitating Russian influence and materiel-provision in Libya and the extent to which such facilitation undermines United States policy, involves United States-origin equipment, and violates contractual conditions of acceptable use of such equipment.
added
Any other matters the Secretary of Defense and the Secretary of State determine to be relevant.
added
Form— The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1297 Sense of Congress regarding building an international coalition to counter hybrid threats
addedadded It is the sense of Congress that—
added
the United States is stronger and more effective when we work with our partners and allies abroad;
added
the United States should lead an international effort of like-minded democracies to build awareness of and resilience to the Kremlin’s malign influence operations.
Sec. 1298 Modification to annual report on military and security developments involving the People’s Republic of China
addedadded Paragraph (22) of section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note), as most recently amended by section 1261 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1688), is further amended by striking “activities in the South China Sea” and inserting the following:
added “(A) in the South China Sea;
added “(B) in the East China Sea, including in the vicinity of the Senkaku islands; and
added “(C) in the Indian Ocean region.”
Sec. 1299 United States security and humanitarian support strategy for Yemen
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in coordination with the Administrator of the United States Agency for International Development, shall jointly submit to Congress a comprehensive report on United States security and humanitarian interests in Yemen, including each of the following:
added
The strategic objectives of the United States in Yemen, including humanitarian support to civilian populations under threat of famine, and the criteria for determining the success of such objectives.
added
A description of efforts to coordinate civilian and military efforts with respect to Yemen.
added
A description of the diplomatic strategy with respect to regional partners seeking to end the civil war in Yemen.
Sec. 1299A Report on Bangladesh
addedadded The Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID) and the Secretary of Defense, shall submit to Congress a report—
added
assessing Bangladesh’s ability to respond to humanitarian crises and natural disasters; and
added
recommending areas for enhancing humanitarian assistance and disaster relief cooperation between the United States and Bangladesh relating to improving Bangladesh’s ability to respond to humanitarian crises and natural disasters, including through humanitarian consultations, training, and exercises.
Sec. 1299B United States cybersecurity cooperation with Ukraine
added
added
Statement of policy— It is the policy of the United States to—
added
reaffirm the United States-Ukraine Charter on Strategic Partnership, which highlights the importance of the bilateral relationship and outlines enhanced cooperation in the areas of defense, security, economics and trade, energy security, democracy, and cultural exchanges;
added
support continued cooperation between NATO and Ukraine;
added
support Ukraine’s political and economic reforms;
added
reaffirm the commitment of the United States to the Budapest Memorandum on Security Assurances;
added
assist Ukraine’s efforts to enhance its cybersecurity capabilities; and
added
improve Ukraine’s ability to respond to Russian-supported disinformation and propaganda efforts in cyberspace, including through social media and other outlets.
added
Sense of Congress— It is the sense of Congress that the Secretary of State should take the following actions, commensurate with United States interests, to assist Ukraine to improve its cybersecurity:
added
Provide Ukraine such support as may be necessary to secure government computer networks from malicious cyber intrusions, particularly such networks that defend the critical infrastructure of Ukraine.
added
Provide Ukraine support in reducing reliance on Russian information and communications technology.
added
Assist Ukraine to build its capacity, expand cybersecurity information sharing, and cooperate on international cyberspace efforts.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States cybersecurity cooperation with Ukraine. Such report shall also include information relating to the following:
added
United States efforts to strengthen Ukraine’s ability to prevent, mitigate, and respond to cyber incidents, including through training, education, technical assistance, capacity building, and cybersecurity risk management strategies.
added
The potential for new areas of collaboration and mutual assistance between the United States and Ukraine in addressing shared cyber challenges, including cybercrime, critical infrastructure protection, and resilience against botnets and other automated, distributed threats.
added
NATO’s efforts to help Ukraine develop technical capabilities to counter cyber threats.
Sec. 1299C Briefing on China’s military installation in the Republic of Djibouti
added
added
Briefing required— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall brief the appropriate congressional committees on the following:
added
An assessment of the impact of the People’s Republic of China’s first overseas military installation in the Republic of Djibouti on the ability of the United States forces to operate in the region.
added
An assessment of China’s ability to obtain sensitive information and impact operations conducted from Camp Lemmonier in Djibouti, the largest United States military installation on the African continent.
added
An assessment of the ability of the President of Djibouti to terminate by all methods, including by simple decree, the Department of Defense’s lease agreement governing operation of Camp Lemmonier.
added
An assessment of the impact of the Chinese base in Djibouti on security and safety of United States personnel in Djibouti.
added
An assessment of the status of China’s compliance with the “Protocol on Blinding Laser Weapons” that forbids employment of laser weapons.
added
An assessment of the laser attack in Djibouti that injured United States airmen.
added
An assessment of Djibouti’s compliance with its treaty obligations under the Ottawa Convention to end the use of landmines.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1299D Sense of Congress with respect to the 3 Seas Initiative
addedadded It is the sense of Congress that—
added
the 3 Seas Initiative could serve as a valuable counterweight to the efforts of the Russian Government to divide Europe and to the regional expansionism of the Chinese Government, particularly in the context of energy and infrastructure; and
added
the United States should fully support the efforts of the 3 Seas Initiative, including by—
added
sending a high level delegation to future summits convened by the Initiative;
added
encouraging United States business leaders to participate in the Initiative; and
added
supporting the establishment of a network of Central European chambers of commerce.
Sec. 1299E Report on violence and cartel activity in Mexico
addedadded The Secretary of Defense shall submit to the congressional defense committees a report on violence and cartel activity in Mexico and the impact of such on United States national security.
Sec. 1299F Report on Department of Defense missions, operations, and activities in Niger and the broader region
added
added
Report required—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation as appropriate with the Secretary of State, shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the missions, operations, and activities of the Department in Niger and the broader region that includes the following:
added
A description of the objectives and the associated lines of efforts of the Department in Niger and the broader region, and the benchmarks for assessing progress toward such objectives.
added
A description of the timeline for achieving such objectives in Niger and the broader region.
added
A justification of the relevance of such objectives in Niger and the broader region to the national security of the United States and to the objectives in the National Defense Strategy.
added
A description of steps the Department is taking to ensure that security cooperation in Niger and the broader region is effectively coordinated with the diplomatic and development activities of the Department of State and the United States Agency for International Development.
added
A description of the legal, operational, and fiscal authorities relating to the lines of effort of the Department in Niger and the broader region.
added
An identification of measures to mitigate operational risk to and increase the preparedness of members of the Armed Forces conducting missions, operations, or activities in Niger or the broader region.
added
An assessment of the command and support relationships of United States Africa Command with subordinate component commands, including Special Operations Command Africa.
added
An identification and description of each implemented recommendation from the Army Regulation 15-6 investigation report conducted by United States Africa Command regarding the deaths of four soldiers in Niger on October 4, 2017.
added
Any other matter the Secretary determines to be appropriate.
added
Scope of report— For purposes of the report required by paragraph (1), the term “broader region” includes Algeria, Libya, Chad, Cameroon, Nigeria, Benin, Burkina Faso, and Mali.
added
Form— The report required by subsection (a)(1) shall be submitted in unclassified form but may contain a classified annex.
Sec. 1299G Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents
addedadded Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees on the program described in section 1277 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), including an assessment on whether the program is beneficial to students interning, working part time, or in a program that will result in employment post-graduation with Department of Defense components and contractors.
Sec. 1299H Report on Honduras, Guatemala, and El Salvador
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report regarding narcotics trafficking corruption and illicit campaign finance in Honduras, Guatemala, and El Salvador.
added
Matters to be included— The report required under subsection (a) shall include—
added
the names of senior government officials in Honduras, Guatemala, and El Salvador who are known to have committed or facilitated acts of grand corruption or narcotics trafficking;
added
the names of elected officials in Honduras, Guatemala, and El Salvador who are known to have received campaign funds that are the proceeds of narco-trafficking or other illicit activities in the last 2 years; and
added
the names of individuals in Honduras, Guatemala, and El Salvador who are known to have facilitated the financing of political campaigns in any of the Northern Triangle countries with the proceeds of narco-trafficking or other illicit activities in the last 2 years.
added
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1299I Report on countries and enemy groups against which the United States has taken military action
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report that identifies the nations, organizations, and persons against which the United States has taken military action pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).
Sec. 1299J Importance of exchanges between the Department of State and the Department of Defense
added
added
Findings— Congress finds the following:
added
In a world with increasingly complex political and security challenges, bridging the gap between diplomacy and defense is more vital than ever to achieve United States strategic objectives abroad.
added
Foreign missions are multifaceted, rapidly evolving, and interconnected.
added
Emerging security issues demand that the United States Government be quick, agile, adaptable, comprehensive, and inclusive when navigating foreign partnerships.
added
The interagency process continues to be the most efficient and effective means for the United States to quickly adjust to changing circumstances and leverage resources for securing its strategic objectives abroad.
added
The Government Accountability Office has found that “effective interagency rotational assignments can achieve collaboration-related results”.
added
Sense of Congress— It is the sense of Congress that—
added
United States Government personnel must be able to collaborate across departments and agencies to meet complex national security challenges;
added
the United States needs to ensure that its foreign and defense policies are mutually supportive and find ways to most effectively align its strategies;
added
exchange programs between the Department of State and Department of Defense are critical for strengthening the capacity of such Departments to promote regional stability around the world while protecting and promoting United States interests;
added
Foreign Service officers serving as political advisors provide deep understanding of diplomatic dynamics and issues and can enable, through such exchange programs, the Department of Defense to make effective and sustained contributions to protecting and promoting United States interests; and
added
in order to achieve such strategic, operational, and tactical successes, such Foreign Service officers should be embedded forward with Department of Defense personnel to the fullest extent practicable.
Sec. 1299K Investigation to determine if coalition partners or United States military or intelligence personnel violated Federal law or Department of Defense policy while conducting operations in Yemen
added
added
In general— The Secretary of Defense shall conduct an investigation to determine if coalition partners of the United States or members of the Armed Forces or intelligence personnel violated Federal law, the laws of armed conflict, or Department of Defense policy while conducting operations in Yemen.
added
Matters to be included— The investigation required under subsection (a) shall also seek to determine the following:
added
Whether any Armed Forces or intelligence personnel interrogated Yemeni citizens in prisons within Yemen or provided questions to foreign personnel for use in such interrogations, and whether such interrogations or actions were consistent with United States law and policy.
added
Whether any Armed Forces or intelligence personnel violated the prohibitions of section 362 of title 10, United States Code, while conducting operations in Yemen.
added
Whether any United States coalition partners committed gross violations of internationally recognized human rights while conducting operations in Yemen that would make such coalition partners ineligible for any training, equipment, or other assistance for a unit of a foreign security force under section 362 of title 10, United States Code.
added
Whether a waiver or exception has been granted to United States coalition partners under section 362 of title 10, United States Code, while conducting operations in Yemen.
added
Report—
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that contains the findings of the investigation required under this section.
added
Form— The report required under this section shall be submitted in unclassified form, but may contain a classified annex
added
Definitions— In this subsection:
added
Coalition partners— The term “coalition partners” has the meaning given such term in paragraph (3) of section 948a of title 10, United States Code.
added
Gross violations of internationally recognized human rights— The term “gross violations of internationally recognized human rights” has the meaning given such term in subsection (d)(1) of section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304).
Sec. 1299L Inclusion of influence operations in annual military reports to Congress
added
added
In general— The Secretary of Defense shall modify the Department of Defense’s respective annual reports to Congress on the People’s Republic of China, the Russian Federation, and Iran to include influence operations as a matter to be included in such reports.
added
Amendments to reports—
added
Section 1202(b)(14) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is amended by adding at the end before the period the following: “, including a description of efforts to use non-military tools, including diplomacy and political coercion, information operations, and economic pressure to gain influence in other countries and advance strategic objectives,”.
added
Section 1245(b)(1) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) is amended—
added
in subparagraph (C), by striking “and” at the end;
added
in subparagraph (D), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(E) a description of efforts to use non-military tools, including diplomacy and political coercion, information operations, and economic pressure to gain influence in other countries and advance strategic objectives.”
added
Section 1245(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3566) is amended by adding at the end the following:
added “(23) A description of efforts of Russia to use non-military tools, including diplomacy and political coercion, information operations, and economic pressure to gain influence in other countries and advance strategic objectives.”
Sec. 1299M Limitation on availability of funds to implement the Arms Trade Treaty
added
added
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to fund a Secretariat or any other international organization established to support the implementation of the Arms Trade Treaty, to sustain domestic prosecutions based on any charge related to the Treaty, or to implement the Treaty until the Senate approves a resolution of ratification for the Treaty and implementing legislation for the Treaty has been enacted into law.
added
Rule of construction— Nothing in this section shall be construed to preclude the Department of Defense from assisting foreign countries in bringing their laws, regulations, and practices related to export control up to United States standards.
Sec. 1299N Security cooperation with Eritrea
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the potential strategic benefits and risks of conducting security cooperation with the Government of Eritrea, including benefits and risks with respect to each of the following:
added
Counterterrorism efforts.
added
The security situation in the Horn of Africa, the Red Sea region, and Yemen.
added
Other national security priorities of the United States.
Sec. 1299O–1 Limitation on security assistance and security cooperation
added
added
Limitation on military and security sector cooperation— Except as provided in subsection (b) or subsection (e), for the 8-year period beginning on the date of the enactment of this Act, the United States may not provide security assistance or engage in security cooperation with the military or security forces of Burma until the date on which the Secretary of State certifies to the appropriate congressional committees with respect to security assistance, as such term is defined in section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)), or, in consultation with the Secretary of Defense, with respect to security cooperation programs and activities of the Department of Defense, as such term is defined in section 301 of title 10, United States Code, as applicable, that the military and security forces of Burma have demonstrated significant progress in abiding by international human rights standards and are undertaking meaningful and significant security sector reform, including reforms that enhance transparency and accountability, to prevent future abuses, such as—
added
the Burmese military and security forces adhere to international humanitarian law, demonstrate significant progress in abiding by international standards for human rights, and pledge to stop future human rights abuses;
added
the Burmese military and security forces support efforts to carry out meaningful and comprehensive investigations of alleged abuses and are taking steps to hold accountable those members of such military and security forces responsible for human rights abuses;
added
the Government of Burma, including the military and security forces, allow immediate and unfettered humanitarian access to communities in areas affected by conflict, including Rohingya communities in the State of Rakhine;
added
the Government of Burma, including the military and security forces, cooperates with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to ensure the protection of displaced persons and the safe, voluntary, and dignified return of refugees and internally displaced persons;
added
the Burmese military and security forces cease their attacks against ethnic minority groups and constructively participate in the conclusion of a credible, nationwide ceasefire agreement, political accommodation, and constitutional change, including the restoration of the citizenship of the Rohingya;
added
the Government of Burma, including the military and security forces, defines a transparent plan with a timeline for professionalizing the military and security forces and includes a process by which the military withdraws from private-sector business enterprises and ceases involvement in the illegal trade in natural resources and narcotics; or
added
the Government of Burma establishes effective civilian control over the finances of its military and security forces, including by ensuring that the military does not have access to off-budget income and that military expenditures are subject to adequate civilian oversight.
added
Exceptions—
added
Certain existing authorities— The Secretary of Defense shall retain the authority granted by section 1253 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (22 U.S.C. 2151 note) and is authorized to provide the Government of Burma with assistance necessary to make available the activities described in subsection (a) of such section.
added
Hospitality— The Secretary of State and the United States Agency for International Development may provide assistance authorized under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to provide hospitality during research, dialogues, meetings, or other activities by the parties attending the Union Peace Conference 21st Century Panglong or related processes seeking inclusive, sustainable reconciliation.
added
Military reform— The certification required under subsection (a) shall include a written justification in unclassified form that may contain a classified annex describing the Burmese military’s efforts to implement reforms, end impunity for human rights abuses, and increase transparency and accountability.
added
Report—
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report, in unclassified form with a classified annex, on the strategy and plans for military-to-military engagement between the United States Armed Forces and the military and security forces of Burma.
added
Elements— The report required under paragraph (1) shall include the following elements:
added
A description and assessment of the Government of Burma’s strategy for security sector reform, including plans to withdraw the military from owning or controlling private-sector business entities and end involvement in the illicit trade in jade and other natural resources, reforms to end corruption and illicit drug trafficking, and constitutional reforms to ensure civilian control.
added
A list of ongoing military activities conducted by the United States Government with the Government of Burma, and a description of the United States strategy for future military-military engagements between the United States and Burma’s military and security forces, including the military of Burma, the Burma Police Force, and armed ethnic groups.
added
An assessment of the progress of the military and security forces of Burma towards developing a framework to implement human right reforms, including—
added
cooperation with civilian authorities to investigate and prosecute cases of serious, credible, or gross human rights abuses;
added
steps taken to demonstrate respect for and implementation of the laws of war; and
added
a description of the elements of the military-to-military engagement between the United States and Burma that promote such implementation.
added
An assessment of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including actions taken by the military of Burma to adhere to cease-fire agreements, allow for safe and voluntary returns of displaced persons to their homes, and withdraw forces from conflict zones.
added
An assessment of the Burmese’s military recruitment and use of children as soldiers.
added
An assessment of the Burmese’s military’s use of violence against women, sexual violence, or other gender-based violence as a tool of terror, war, or ethnic cleansing.
added
Waiver—
added
In general— The Secretary of State, with respect to security assistance, and the Secretary of Defense in consultation with the Secretary of State, with respect to security cooperation programs and activities of the Department of Defense, may waive on a case-by-case basis the application of the limitation under subsection (a) if the Secretary submits to the appropriate congressional committees, not later than 30 days before such waiver enters into effect—
added
a list of the activities and participants to which such waiver would apply;
added
a certification, including a justification, that the waiver is in the national interest of the United States; and
added
a certification that none of the participants listed pursuant to subparagraph (A) have committed any of the acts described in section 12_2(a)(1)(A) or 12_2(a)(1)(B) or committed any other gross violation of human rights, as such term is defined for purposes of section 362 of title 10, United States Code.
Sec. 1299O–2 Imposition of sanctions with respect to certain foreign persons
added
added
In general— For the 8-year period beginning on the date that is 270 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to each foreign person that the President determines—
added
is a current or former senior official of the military or security forces of Burma who knowingly—
added
perpetrated or is responsible for ordering or otherwise directing serious human rights abuses in Burma; or
added
has taken significant steps to impede investigations or prosecutions of serious human rights abuses allegedly committed by one or more subordinates of such official, including against the Rohingya community in the state of Rakhine;
added
is an entity owned or controlled by any person described in paragraph (1);
added
has knowingly provided or received significant financial, material, or technological support to or from a foreign person, including the immediate family members of such person, described in paragraph (1) for any of the acts described in subparagraph (A) or (B) of such paragraph.
added
Sanctions— The sanctions described in this section are the following:
added
Asset blocking— Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the exercise of all powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a person the President determines meets one or more of the criteria described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
added
Aliens ineligible for visas, admission, or parole—
added
Visas, admission, or parole— An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection (a) is—
added
inadmissible to the United States;
added
ineligible to receive a visa or other documentation to enter the United States; and
added
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
added
Current visas revoked—
added
In general— The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (a) regardless of when issued.
added
Effect of revocation— A revocation under clause (i)—
added
shall take effect immediately; and
added
shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
added
Exception to comply with United Nations Headquarters Agreement— Sanctions under paragraph (2) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
added
Exception with respect to the importation of goods— The authorities and requirements to impose sanctions under this section shall not include any authority or requirement to impose sanctions with respect to the importation of goods, as such term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
added
Penalties— Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out subsection (b) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
added
Implementation— The President may exercise the authorities provided under section 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
added
Waiver—
added
In general— The President may annually waive the application of sanctions required by subsection (a) with respect to a person if the President—
added
determines that such waiver is in the national interest of the United States; and
added
not later than the date on which such waiver will take effect, submits to the congressional committees listed in paragraph (2) a notice of and justification for such waiver.
added
Congressional committees listed— The congressional committees listed in this paragraph are the following:
added
The Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives.
added
The Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
added
Definitions— In this section:
added
Admitted; alien— The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).
added
Foreign person— The term foreign person means a person that is not a United States person.
added
Knowingly— The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
added
United States person— The term United States person means—
added
a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or
added
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity.
Sec. 1299O–3 Responsibility and transparency in the mining sector
added
added
List of participating entities—
added
In general— Not later than 120 days after the date of the enactment of this Act, and not less than annually thereafter until the date described in subsection (e), the Secretary of State shall submit to the appropriate congressional committees a list of the entities described in each of subparagraphs (A) and (B) of paragraph (2) that—
added
participate in Burma’s mining sector;
added
meet the criterion described in subsection (b)(1); and
added
meet or have made significant progress towards meeting the criteria in subsections (b)(2) through (b)(5).
added
Entities described— The entities described in this paragraph are the following:
added
Entities that produce or process precious and semiprecious gemstones.
added
Entities that sell or export precious and semiprecious gemstones from Burma or articles of jewelry containing such gemstones.
added
Criteria described— The criteria described in this subsection are the following with respect to an entity:
added
The entity publicly discloses beneficial ownership, as such term is defined for purposes of the Myanmar Extractive Industry Transparency Initiative (Myanmar EITI), and the entity is not owned or controlled, either directly or indirectly, by the Burmese military or security forces, any current or former senior Burmese military officer, or any person sanctioned by the United States pursuant to any relevant sanctions authority.
added
The entity publicly discloses any politically exposed persons, as defined by the Myanmar EITI, who are beneficial owners, as defined under the Myanmar EITI.
added
The entity publicly discloses valid authorization, license, or permit to produce, process, sell, or export minerals or gemstones, as applicable.
added
The entity publicly discloses payments to the Government of Burma, including tax and non-tax, license, or royalty payments, and other payments or contract terms as may be required under Myanmar Extractive Industry Transparency Initiative standards.
added
The entity undertakes robust due diligence, in line with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, including public reporting.
added
Publication of list— The Secretary of State shall publish the list under subsection (a) and shall periodically update such list as appropriate.
added
Guidance— The Secretary of State shall issue guidance to relevant companies regarding supply-chain due diligence best practices applicable to importation of gemstones or minerals that may be of Burmese origin or articles of jewelry containing such gemstones to mitigate the potential risks associated with the importation of such items.
added
Termination— The requirement under subsection (a) shall terminate on the date on which the President certifies to the appropriate congressional committees that the Government of Burma has taken substantial measures to reform the mining sector in Burma, including the following:
added
Requiring the mandatory disclosure of payments, permit and license allocations, project revenues, relevant contract terms, and beneficial ownership, including identifying any politically exposed persons who are beneficial owners, consistent with the approach agreed under the Myanmar EITI and with due regard for civil society participation.
added
Separating the commercial, regulatory, and revenue collection responsibilities within the Myanmar Gems Enterprise and other key state-owned enterprises to remove existing conflicts of interest.
added
Monitoring and undertaking enforcement actions, as warranted, to ensure that entities fully adhere to environmental and social impact assessment and management standards in accordance with international responsible mining practices, the country’s environmental conservation law and other applicable laws and regulations, and that they uphold occupational health and safety standards and codes of conduct that are aligned with the core labor standards of the International Labour Organisation and domestic law.
added
Actively seeking a comprehensive peace agreement that addresses the transparent and fair distribution of benefits from natural resources, including local benefit-sharing, taking into consideration proposals on fiscal federalism for new governance arrangements in resource-rich regions.
added
Implementing on a timely basis policy reforms aligned with the recommendations of the multi-stakeholder Jade and Gemstone Support Committee and reporting regularly on such reforms.
added
Reforming the process for valuation of gemstones at the mine-site, including developing an independent valuation system to prevent undervaluation and tax evasion.
added
Requiring companies bidding for jade and ruby permits to be independently audited upon the request of Myanmar Gems Enterprise or the Minister of Natural Resources and Environmental Conservation, and making the results of all such audits public.
added
Establishing a credible and transparent permitting process that closely scrutinizes applicants, including based on past performance, and prevents unscrupulous entities from gaining authorized access to concessions or the right to trade in minerals or gemstones.
added
Establishing effective oversight of state-owned enterprises operating in such sector, including through parliamentary oversight or requirements for independent financial auditing.
Sec. 1299O–4 Determination and report on accountability for ethnic cleansing, crimes against humanity, and genocide in Burma
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that—
added
describes—
added
allegations of ethnic cleansing, crimes against humanity, and genocide in Burma; and
added
potential transitional justice mechanisms in Burma; and
added
includes a determination whether the events that took place in the state of Rakhine in Burma, starting on August 25, 2017, constitute ethnic cleansing, crimes against humanity, or genocide.
added
Elements— The report required under subsection (a) shall include—
added
a description of—
added
incidents that may constitute ethnic cleansing, crimes against humanity, or genocide committed by the Burmese military against the Rohingya minority and the identities of any other actors involved in such incidents;
added
the role of the civilian government in the commission of such incidents;
added
incidents that may constitute ethnic cleansing, crimes against humanity, or genocide committed by violent extremist groups or anti-government forces;
added
incidents that may violate the principle of medical neutrality and, to the extent possible, the identities of any individuals who engaged in or organized such incidents; and
added
to the extent possible, a description of the conventional and unconventional weapons used for such crimes and the sources of such weapons;
added
a description and assessment by the Department of State, the United States Agency for International Development, the Department of Justice, and other appropriate Federal departments and agencies of programs that the United States has already undertaken or is planning to undertake to ensure accountability for ethnic cleansing, crimes against humanity, and genocide perpetrated against the Rohingya by the military and security forces of Burma, the state government of Rakhine, Buddhist militias, and all other armed groups fighting in Rakhine, including programs to—
added
train civilian investigators within and outside of Burma and Bangladesh on how to document, investigate, develop findings of, and identify and locate alleged perpetrators of ethnic cleansing, crimes against humanity, or genocide in Burma;
added
promote and prepare for a transitional justice process or processes for the perpetrators of ethnic cleansing, crimes against humanity, and genocide occurring in the State of Rakhine in 2017; and
added
document, collect, preserve, and protect evidence of ethnic cleansing, crimes against humanity, and genocide in Burma, including by providing support for Burmese, Bangladeshi, foreign, and international nongovernmental organizations, the United Nations Human Rights Council’s investigative team, and other entities engaged in such investigative activities; and
added
a detailed study of the feasibility and desirability of potential transitional justice mechanisms for Burma, including a hybrid tribunal, to address ethnic cleansing, crimes against humanity, and genocide perpetrated in Burma, including recommendations on which transitional justice mechanisms the United States should support, why such mechanisms should be supported, and what type of support should be offered.
added
Protection of witnesses and evidence— The Secretary of State shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the Government of Burma.
added
Authorization to provide technical assistance—
added
In general— The Secretary of State is authorized to provide assistance to support appropriate entities that are undertaking the efforts described in paragraph (2) with respect to ethnic cleansing, crimes against humanity, and genocide perpetrated by the military and security forces of Burma, the state government of Rakhine, Buddhist militias, and all other armed groups fighting in Rakhine State.
added
Efforts against human rights abuses— The efforts described in this paragraph are the following:
added
Identifying suspected perpetrators of ethnic cleansing, crimes against humanity, and genocide.
added
Collecting, documenting, and protecting evidence of such crimes and preserve the chain of custody for such evidence.
added
Conducting criminal investigations.
added
Supporting investigations conducted by other countries, as appropriate.
added
Additional support— The Secretary of State, taking into account any relevant findings in the report required by subsection (a), is authorized to support the creation and operation of transitional justice mechanisms, including a potential hybrid tribunal, to prosecute individuals suspected of committing ethnic cleansing, crimes against humanity, or genocide in Burma.
Sec. 1299O–5 Appropriate congressional committees
addedadded In this subtitle, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1301 Funding allocations
changed
Of the $335,240,000 authorized to be appropriated to the Department of Defense for fiscal year 2019 in section 301 and made available by the funding table in division D G for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
For strategic offensive arms elimination, $2,823,000.
For chemical weapons destruction, $5,446,000.
For global nuclear security, $29,001,000.
For cooperative biological engagement, $197,585,000.
For proliferation prevention, $74,937,000.
For activities designated as Other Assessments/Administrative Costs, $25,448,000.
Sec. 1302 Specification of cooperative threat reduction funds
changed
Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D G for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2019, 2020, and 2021.
Sec. 1401 Working capital funds
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.7501.
Sec. 1402 Chemical agents and munitions destruction, defense
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.7501.
Use— Amounts authorized to be appropriated under subsection (a) are authorized for—
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Sec. 1403 Drug interdiction and counter-drug activities, defense-wide
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.7501.
Sec. 1404 Defense inspector general
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.7501.
Sec. 1405 Defense health program
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.7501.
Sec. 1406 National defense sealift fund
addedadded Funds are hereby authorized to be appropriated for fiscal year 2019 for the National Defense Sealift Fund, as specified in the funding tables in section 7501.
Sec. 1411 Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois
added
Authority for transfer of funds— Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $113,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
added
Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
removed
There is hereby authorized to be appropriated for fiscal year 2019 from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 for the operation of the Armed Forces Retirement Home.
Sec. 1412 Authorization of appropriations for Armed Forces Retirement Home
changed
Section 1512 of There is hereby authorized to be appropriated for fiscal year 2019 from the Armed Forces Retirement Home Act Trust Fund the sum of 1991 (24 U.S.C. 412) is amended to read as follows:$64,300,000 for the operation of the Armed Forces Retirement Home.
removed
“1512. Residents of retirement home
removed
“(a) Persons eligible To be residents—Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not active commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home:
removed
“(1) Persons who are 60 years of age or over and were discharged or released from service in the Armed Forces after 20 or more years of active service.
removed
“(2) Persons who are determined under rules prescribed by the Chief Operating Officer to be suffering from a service-connected disability incurred in the line of duty in the Armed Forces.
removed
“(3) Persons who served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 or 351 of title 37, United States Code, and who are determined under rules prescribed by the Chief Operating Officer to be suffering from injuries, disease, or disability.
removed
“(4) Persons who served in a women's component of the Armed Forces before June 12, 1948, and are determined under rules prescribed by the Chief Operating Officer to be eligible for admission because of compelling personal circumstances.
removed
“(b) Persons ineligible to be residents—The following persons are ineligible to become a resident of the Retirement Home:
removed
“(1) A person who—
removed
“(A) has been convicted of a felony; or
removed
“(B) was discharged or released from service in the Armed Forces under other than honorable conditions.
removed
“(2) A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination by the Chief Operating Officer that—
removed
“(A) the person has been evaluated by a qualified health professional selected by the Retirement Home;
removed
“(B) the Retirement Home can accommodate the person’s condition; and
removed
“(C) the person agrees to such conditions of residency as the Retirement Home may require.
removed
“(c) Acceptance—To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Administrator of that facility an application in such form and containing such information as the Chief Operating Officer may require.
removed
“(d) Priorities for acceptance—The Chief Operating Officer shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate.
removed
“(e) Spouses of residents
removed
“(1) Authority To admit—Except as otherwise established pursuant to subsection (d), the spouse of a person accepted as a resident of a facility of the Retirement Home may be admitted to that facility if the spouse—
removed
“(A) is a covered beneficiary within the meaning of section 1072(5) of title 10, United States Code;
removed
“(B) is not ineligible to become a resident as provided in subsection (b); and
removed
“(C) submits an application for admittance in accordance with subsection (c).
removed
“(2) Treatment as resident—A spouse admitted in accordance with paragraph (1) shall be a resident of the Retirement Home consistent with this Act, except as the Chief Operating Officer may otherwise provide.”
Sec. 1413 Quarterly briefing on progress of chemical demilitarization program
changed
Section 1513A(c) 1412(j) of the Armed Forces Retirement Home Act Department of 1991 (24 Defense Authorization Act, 1986 (50 U.S.C. 413a(c)) 1521(j)) is amended—
changed
in the heading, by striking paragraph (1) “Semiannual Reports” and inserting the following new paragraph (1):“Quarterly briefing”;
removed
“(1) Facilitate and monitor the timely availability to residents of the Retirement Home such medical, mental health, and dental care services as such residents may require at locations other than the Retirement Home.”
changed
in paragraph (2), by striking “Ensure” and inserting “Monitor”.(1)—
added
by striking “March 1” and all that follows through “the year in which” and inserting “90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, and every 90 days thereafter until”;
added
by striking “submit to” and inserting “brief”;
added
by striking “a report on the implementation” and inserting “on the progress made”; and
added
by striking “of its chemical weapons destruction obligations” and inserting “toward fulfilling its chemical weapons destruction obligations”; and
added
by striking paragraph (2) and inserting the following:
added “(2) Each briefing under paragraph (1) shall include a description of contractor costs and performance relative to schedule, the progress to date toward the complete destruction of the stockpile, and any other information the Secretary determines to be relevant.”
Sec. 1414 Modification of authority on acceptance of gifts for the Armed Forces Retirement Home
removed
removed
Paragraph (1) of section 1515(f) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 415(f)) is amended to read as follows:
removed
“(1) The Chief Operating Officer may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property, or any income therefrom or other interest therein, for the benefit of the Retirement Home.”
Sec. 1415 Relief for residents of the Armed Forces Retirement Home impacted by increase in fees
removed
removed
Prohibition on removal for inability To pay fee increase— A resident of the Armed Forces Retirement Home as of September 30, 2018, may not be removed or released from the Retirement Home after that date based solely upon the inability of the resident to pay the amount of any increase in fees applicable to residents of the Retirement Home that takes effect on October 1, 2018.
removed
Other relief— The Chief Operating Officer of the Armed Forces Retirement Home shall take all actions practicable to accommodate residents of the Retirement Home who are impacted by the fee structure applicable to residents of the Retirement Home that takes effect on October 1, 2018, including through hardship relief, additional deductions from gross income, and other appropriate actions.
Sec. 1416 Limitation on applicability of fee increase for residents of the Armed Forces Retirement Home
removed
removed
In general— In the case of an individual who was a resident of the Armed Forces Retirement Home as of April 9, 2018, the increase in fees for residents of the Home scheduled to take effect on October 1, 2018, shall occur on an incremental basis over the three-year period beginning on October 1, 2018, such that the total fee for such individual as a resident of the Home as of the end of such period covers the cost of care of such individual as a resident of the Home.
removed
Notice and wait on implementation of future increases— Any increase in the fees for residents of the Home that is scheduled to take effect after October 1, 2018, may not take effect until 90 days after the date on which a report on the increase is submitted to the Committees on Armed Services of the Senate and the House of Representatives.
Sec. 1421 Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois
removed
removed
Authority for transfer of funds— Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $113,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
removed
Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
Sec. 1422 Economical and efficient operation of working capital fund activities
removed
removed
Section 2208(e) of title 10, United States Code, is amended by adding at the end the following:
removed
“(1) Undertaking efforts to optimize the rate structure for all requisitioning entities.
removed
“(2) Encouraging a working capital fund activity to perform reimbursable work for other entities to sustain the efficient use of the workforce.
removed
“(3) Determining the appropriate leadership level for approving work from outside entities to maximize efficiency.”
Sec. 1423 Consolidation of reporting requirements under the Strategic and Critical Materials Stock Piling Act
removed
removed
Section 11 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–2) is amended—
removed
in subsection (a), by striking “January 15” and inserting “February 15”; and
removed
in subsection (b)—
removed
in paragraph (1), by striking “Not later” and all that follows through “report containing” and inserting “Each report under subsection (a) shall also include”; and
removed
in paragraph (2)—
removed
by striking “Each” in the first sentence and inserting “With respect to the plan described in paragraph (1), each”; and
removed
by striking “Each such report” in the second sentence and inserting “With respect to such plan, each report”.
Sec. 1424 Quarterly briefing on progress of chemical demilitarization program
removed
removed
Section 1412(j) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(j)) is amended—
removed
in the heading, by striking “Semiannual Reports” and inserting “Quarterly briefing”;
removed
in paragraph (1)—
removed
by striking “March 1” and all that follows through “the year in which” and inserting “90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, and every 90 days thereafter until”;
removed
by striking “submit to” and inserting “brief”;
removed
by striking “a report on the implementation” and inserting “on the progress made”; and
removed
by striking “of its chemical weapons destruction obligations” and inserting “toward fulfilling its chemical weapons destruction obligations”; and
removed
by striking paragraph (2) and inserting the following:
removed
“(2) Each briefing under paragraph (1) shall include a description of contractor costs and performance relative to schedule, the progress to date toward the complete destruction of the stockpile, and any other information the Secretary determines to be relevant.”
Sec. 1502 Procurement
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.7102.
Sec. 1503 Research, development, test, and evaluation
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.7202.
Sec. 1504 Operation and maintenance
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302.7302.
Sec. 1505 Military personnel
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402.7402.
Sec. 1506 Working capital funds
changed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502.7502.
Sec. 1507 Drug interdiction and counter-drug activities, defense-wide
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.7502.
Sec. 1508 Defense inspector general
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.7502.
Sec. 1509 Defense health program
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.7502.
Sec. 1512 Special transfer authority
Authority To transfer authorizations—
Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
changed
Limitation— The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $3,500,000,000.$4,500,000,000.
Terms and conditions— Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.
Additional authority— The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
Sec. 1513 Overseas contingency operations
removed
removed
Funds are hereby authorized to be appropriated for fiscal year 2019 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
Sec. 1521 Afghanistan Security Forces Fund
added
Continuation of prior authorities and notice and reporting requirements— Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2019 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424).
removed
Use and transfer of funds—
removed
In general— Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4649), shall apply to amounts made available for fiscal year 2019 for the Department of Defense for the Joint Improvised-Threat Defeat Organization.
removed
References to Joint Improvised Explosive Device Defeat Fund— In the application of paragraph (1) to the use of funds described in that paragraph in fiscal year 2019, any reference in the subsections referred to in that paragraph to the Joint Improvised Explosive Device Defeat Fund shall be deemed to be a reference to the Joint Improvised-Threat Defeat Organization.
changed
Interdiction of improvised explosive device precursor chemicals—Equipment disposition—
changed
Availability Acceptance of funds—certain equipment— Of the amounts authorized Subject to be appropriated for fiscal year 2019 for paragraph (2), the Department Secretary of Defense by this Act for the Joint Improvised-Threat Defeat Organization, $15,000,000 may be made available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide training, equipment, supplies, and services to ministries and other entities of foreign governments accept equipment that is procured using amounts in the Secretary of Defense has identified as critical Afghanistan Security Forces Fund authorized under this Act and is intended for countering transfer to the flow security forces of improvised explosive device precursor chemicals.Afghanistan, but is not accepted by such security forces.
changed
Provision through other United States agencies—Conditions on acceptance of equipment— If jointly agreed upon Before accepting any equipment under the authority provided by paragraph (1), the Secretary Commander of Defense and United States forces in Afghanistan shall make a determination that the head equipment was procured for the purpose of another department or agency meeting requirements of the United States Government, the Secretary security forces of Defense may transfer amounts made available under paragraph (1) Afghanistan, as agreed to such department or agency for by both the provision Government of Afghanistan and the United States, but is no longer required by such department security forces or agency of training, equipment, supplies, and services was damaged before transfer to ministries and other entities of foreign governments as described in that paragraph.such security forces.
changed
Notice to Congress—Elements of determination— None of the funds made available In making a determination under paragraph (1) may be obligated or expended to supply training, (2) regarding equipment, supplies, or services to a foreign country before the date that is 15 days after the date on which the Secretary Commander of Defense, United States forces in coordination with the Afghanistan shall consider alternatives to Secretary of State, has submitted to the congressional defense committees, Defense acceptance of the Committee on Foreign Relations equipment. An explanation of each determination, including the Senate, and basis for the Committee on Foreign Affairs of determination and the House of Representatives a notice that includes each of alternatives considered, shall be included in the following:relevant quarterly report required under paragraph (5).
removed
The name of the foreign country for which training, equipment, supplies, or services are proposed to be supplied.
removed
A description of the training, equipment, supplies, and services to be provided to such foreign country using such funds.
removed
A detailed description of the amounts proposed to be obligated or expended to supply such training, equipment, supplies, or services, including—
removed
any amounts proposed to be obligated or expended to support the participation of a department or agency of the United States Government other than the Department of Defense; and
removed
a description of the training, equipment, supplies, or services proposed to be supplied.
removed
An evaluation of the effectiveness of the efforts of such foreign country to counter the flow of improvised explosive device precursor chemicals.
removed
An overall plan for countering the flow of precursor chemicals in such foreign country.
changed
Expiration—Treatment as Department of Defense stocks— The Equipment accepted under the authority provided by this subsection expires on December 31, 2019.paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
added
Quarterly reports on equipment disposition—
added
In general— Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph (1) is exercised, the Secretary of Defense shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
added
This subsection.
added
Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1711).
added
Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).
added
Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).
added
Section 1532(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3613).
added
Section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 note).
added
Elements— Each report under subparagraph (A) shall include a list of all equipment that was accepted during the period covered by the report and treated as stocks of the Department of Defense and copies of the determinations made under paragraph (2), as required by paragraph (3).
added
Security of Afghan women—
added
In general— Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2019, it is the goal that $18,000,000, but in no event less than $10,000,000, shall be used for—
added
the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and
added
the recruitment, training, and contracting of female security personnel for future elections.
added
Types of programs and activities— Such programs and activities may include—
added
efforts to recruit women into the Afghan National Defense and Security Forces, including the special operations forces;
added
programs and activities of the Afghan Ministry of Defense Directorate of Human Rights and Gender Integration and the Afghan Ministry of Interior Office of Human Rights, Gender and Child Rights;
added
development and dissemination of gender and human rights educational and training materials and programs within the Afghan Ministry of Defense and the Afghan Ministry of Interior;
added
efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;
added
improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;
added
support for Afghanistan National Police Family Response Units; and
added
security provisions for high-profile female police and army officers.
added
Assessment of Afghanistan progress on security cooperation objectives—
added
Assessment required— Not later than June 1, 2019, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided through the authority under subsection (a). In conducting such assessment, the Secretary of Defense shall consider each of the following:
added
The ability of the Afghanistan Ministry of Defense and the Ministry of Interior to manage and account for previously-divested equipment, including a description of any vulnerabilities or weaknesses of each such Ministry’s internal controls and any plan in place to address shortfalls.
added
A description of the monitoring and evaluation systems in place to ensure assistance provided through such authority is used only for the intended purposes.
added
Any irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the period beginning on the date of the creation of the Afghanistan Security Forces Fund, including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment so procured.
added
A description of the sustainment and maintenance costs required for major weapons platforms previously divested, over the 5-year period beginning on the date of the enactment of this Act and a plan for how the Afghan National Defense and Security Forces intends to maintain such platforms in the future.
added
An assessment of the distribution practices of the Afghan National Defense and Security Forces, including the manner in which equipment received through the Afghanistan Security Forces Fund is employed.
added
The degree to which the Government of Afghanistan is effectively implementing an anti-corruption strategy.
added
The extent to which the Government of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States.
added
Withholding of assistance for insufficient progress—
added
In general— If the Secretary of Defense determines, in consultation with the Secretary of State and taking into consideration the assessment under paragraph (1), that the Government of Afghanistan has made insufficient progress toward maintaining and employing equipment provided by the United States, the Secretary of Defense may withhold assistance for the Afghan National Defense and Security Forces under this section until such time as the Secretary determines sufficient progress has been made.
added
Notice to Congress— The Secretary of Defense shall, in coordination with the Secretary of State, provide notice to Congress—
added
not later than 30 days after making a decision to withhold assistance pursuant to subparagraph (A); and
added
not later than 30 days before resuming any such assistance pursuant to such subparagraph.
removed
Transition plan required— Not later than March 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a plan to transition funding for the Joint Improvised-Threat Defeat Organization from amounts made available for overseas contingency operations to amounts otherwise made available for the purposes of such Organization.
Sec. 1522 Joint Improvised-Threat Defeat Fund
changed
Report Required—Use and transfer of funds— Not later than 14 days after Subsections (b) and (c) of section 1514 of the President submits John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4649), shall apply to Congress the budget request funds made available for each of fiscal years 2020, 2021, 2022, 2023, and 2024, pursuant year 2019 to section 1105 of title 31, United States Code, the Under Secretary Department of Defense (Comptroller) shall submit to for the congressional defense committees a report on enduring costs funded through overseas contingency operations.Joint Improvised-Threat Defeat Fund.
added
Interdiction of Improvised Explosive Device Precursor Chemicals—
added
Availability of funds— Of the funds made available to the Department of Defense for the Joint Improvised-Threat Defeat Fund for fiscal year 2019, $15,000,000 may be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide training, equipment, supplies, and services to ministries and other entities of foreign governments that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals.
removed
Elements— Each report required by subsection (a) shall include the following:
changed
Provision through other US agencies— An estimate If jointly agreed upon by the Secretary of Defense and the costs head of operations currently supported in part another department or in whole by requested funding for overseas contingency operations that are likely to continue beyond such contingency, in accordance with the recommendation in agency of the Government Accountability Office report entitled “Overseas Contingency Operations: OMB and DOD Should Revise United States Government, the Criteria Secretary of Defense may transfer funds available under paragraph (1) to such department or agency for Determining Eligible Costs and Identify the Costs Likely provision by such department or agency of training, equipment, supplies, and services to Endure Long Term” published on January 18, 2017.ministries and other entities of foreign governments as described in that paragraph.
changed
Notice to congress— With respect None of the funds made available pursuant to programs, projects, paragraph (1) may be obligated or activities for expended to supply training, equipment, supplies, or services to a foreign country before the date that is 15 days after the date on which the source Secretary of the requested funds has shifted from overseas contingency operations funding Defense, in coordination with the previous fiscal year Secretary of State, submits to base budget funding in the current fiscal year—Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a notice that contains—
removed
a description of the criteria used by the Department of Defense and the Armed Forces in determining the programs, projects, and activities for which funds were requested in the budget request of the current fiscal year for overseas contingency operations, including any changes relative to the criteria issued in 2010 that was used by the Office of Management and Budget to identify such programs, projects, and activities for such funding requests;
changed
a list of each such program, project, or activity and the amount requested foreign country for each such program, project, which training, equipment, supplies, or activity, at the following levels of detail:services are proposed to be supplied;
added
a description of the training, equipment, supplies, and services to be provided using such funds;
added
a detailed description of the amount of funds proposed to be obligated or expended to supply such training, equipment, supplies or services, including any funds proposed to be obligated or expended to support the participation of another department or agency of the United States and a description of the training, equipment, supplies, or services proposed to be supplied;
added
an evaluation of the effectiveness of the efforts of the foreign country identified under subparagraph (A) to counter the flow of improvised explosive device precursor chemicals; and
added
an overall plan for countering the flow of precursor chemicals in the foreign country identified under subparagraph (A).
added
Expiration— The authority provided by this subsection expires on December 31, 2019.
removed
For procurement, by line item.
removed
For research, development, test, and evaluation, by program element number.
removed
For operation and maintenance, by sub-activity group.
removed
For military personnel, by sub-activity group.
removed
For revolving and management funds, by sub-activity group.
removed
For military construction, by project.
changed
Form—Transition plan required— The report required by subsection (a) Not later than March 1, 2019, the Secretary of Defense shall be submitted in unclassified form but may contain submit to the Committees on Armed Services of the House of Representatives and the Senate a classified annex.plan to transition funding for the Joint Improvised-Threat Defeat Fund from amounts made available for overseas contingency operations to amounts otherwise made available for the purposes of such Fund.
Sec. 1523 Separate account lines for overseas contingency operations funds
added For accountability and transparency purposes, the Director of the Office of Management and Budget and the Secretary of Defense shall establish separate accounts to ensure that amounts authorized to be appropriated pursuant to this title are administered separately from amounts otherwise authorized to be appropriated or made available for the Department of Defense.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how funds authorized to be appropriated for fiscal year 2018 for overseas contingency operations were obligated.
removed
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1524 Enduring costs funded through overseas contingency operations
addedadded Beginning with the submission of the annual budget for fiscal year 2020, and for each fiscal year thereafter, the Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense for such fiscal year (as submitted to Congress under section 1105 of title 31, United States Code), an estimate for the costs of operations currently supported in part or in whole by funding for overseas contingency operations that are likely to continue beyond such contingency. The Secretary shall ensure that each estimate is consistent with the recommendations included in the Government Accountability Report entitled “Overseas Contingency Operations: OMB and DOD Should Revise the Criteria for Determining Eligible Costs and Identify the Costs Likely to Endure Long Term” published January 18, 2017.
Sec. 1525 Comptroller General report on use of funds provided by Overseas Contingency Operations
added
added
Report— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how funds authorized to be appropriated for fiscal year 2018 for overseas contingency operations were obligated.
added
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1601 Improvements to acquisition system, personnel, and organization of space forces
changed
Establishment of subordinate unified command—Plan for acquisition system—
added
Development— The Deputy Secretary of Defense shall develop a plan to establish a separate, alternative acquisition system for defense space acquisitions, including with respect to procuring space vehicles, ground segments relating to such vehicles, and satellite terminals.
added
Requirements process— The plan developed under paragraph (1) shall include recommendations of the Deputy Secretary with respect to whether the separate, alternative acquisition system described in the plan should use the Joint Capabilities Integration and Development System process or instead use a new requirements process developed by the Deputy Secretary in a manner that ensures that requirements for a program are synchronized across the space vehicles, ground segments relating to such vehicles, and satellite terminals, of the program.
added
Exception— The plan developed under paragraph (1) shall cover defense space acquisitions except with respect to the National Reconnaissance Office and other elements of the Department of Defense that are elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
added
Submission— Not later than December 31, 2019, the Deputy Secretary shall submit to the congressional defense committees a report containing the plan developed under paragraph (1).
added
Cadre development—
added
Plan—
added
Development— The Secretary of the Air Force shall develop and implement a plan to increase the number and improve the quality of the space cadre of the Air Force.
added
Matters included— The plan developed under subparagraph (A) shall address the following:
added
Managing the career progression of members of the Armed Forces and civilian employees of the Department who form the space cadre of the Air Force throughout the military or civilian career of the member or the employee, as the case may be, including with respect to—
added
defining career professional milestones;
added
pay and incentive structures;
added
the management and oversight of the space cadre;
added
training relating to planning and executing warfighting missions and operations in space;
added
conducting periodic cadre-wide professional assessments to determine how the cadre is developing as a group; and
added
establishing a centralized method to control personnel assignments and distribution.
added
The identification of future space-related career fields that the Secretary determines appropriate, including a space acquisition career field.
added
The identification of any overlap that exists among operations and acquisitions career fields to determine opportunities for cross-functional career opportunities.
added
Submission— Not later than March 1, 2019, the Secretary shall submit to the congressional defense committees a report containing the plan developed under subparagraph (A).
added
Numbered Air Force—
added
Establishment— Not later than December 31, 2019, the Secretary of the Air Force shall establish as part of the Air Force a new numbered Air Force that is—
added
responsible for carrying out space warfighting operations; and
added
assigned to the United States Space Command established by section 169 of title 10, United States Code, as added by subsection (c).
added
Effect on 14th Air Force— The establishment of a new numbered Air Force under subparagraph (A) shall not effect the space support mission of the 14th Air Force, including with respect to—
added
space launches, training, and exercises; and
added
being assigned to the Air Force Space Command.
added
Plan— Not later than December 31, 2019, the Secretary shall submit to the congressional defense committees a plan to establish the new numbered Air Force under subparagraph (A).
added
Establishment of subordinate unified command—
renumbered
was (2)(2)
In general— Chapter 6 of title 10, United States Code, is amended by adding at the end the following new section:
“169. Subordinate unified command of the United States Strategic Command
“(a) Establishment—With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under the United States Strategic Command a subordinate unified command to be known as the United States Space Command (in this section referred to as “space command”) for carrying out joint space warfighting operations.
added “(b) Assignment of forces—Unless otherwise directed by the Secretary of Defense, all active and reserve space warfighting operational forces of the armed forces shall be assigned to the space command, including the numbered Air Force responsible for carrying out space warfighting operations.
removed
“(b) Assignment of forces—Unless otherwise directed by the Secretary of Defense, all active and reserve space warfighting operational forces of the armed forces shall be assigned to the space command.
“(c) Commander
“(1) The commander of the space command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating the permanent grade of the officer. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The position shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.
“(2) During the three-year period following the date on which the space command is established, the commander of the Air Force Space Command may also serve as the commander of the space command so established. After such period, one individual may not concurrently serve as both such commanders.
“(d) Authority of commander
“(1) Subject to the authority, direction, and control of the commander of the United States Strategic Command, the commander of the space command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to joint space warfighting operations.
“(2)
“(A) Subject to the authority, direction, and control of the Deputy Secretary of Defense, the commander of the space command shall be responsible for, and shall have the authority to conduct, the following functions relating to joint space warfighting operations (whether or not relating to the space command):
“(i) Developing strategy, doctrine, and tactics.
“(ii) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for space operations forces and for other forces assigned to the space command.
“(iii) Exercising authority, direction, and control over the expenditure of funds for forces assigned directly to the space command.
“(iv) Training and certification of assigned joint forces.
“(v) Conducting specialized courses of instruction for commissioned and noncommissioned officers.
“(vi) Validating requirements.
“(vii) Establishing priorities for requirements.
“(viii) Ensuring the interoperability of equipment and forces.
“(ix) Formulating and submitting requirements for intelligence support.
“(x) Monitoring the promotion of space operation forces and coordinating with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of space operation forces.
“(B) The authority, direction, and control exercised by the Deputy Secretary of Defense for purposes of this paragraph is authority, direction, and control with respect to the administration and support of the space command, including readiness and organization of space operations forces, space operations-peculiar equipment and resources, and civilian personnel.
“(C) Nothing in this paragraph shall be construed as providing the Deputy Secretary of Defense authority, direction, and control of operational matters that are subject to the operational chain of command of the combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other matters that are not space-operations peculiar and that are in the purview of the armed forces.
“(3) The commander of the space command shall be responsible for—
“(A) ensuring the combat readiness of forces assigned to the space command; and
“(B) monitoring the preparedness to carry out assigned missions of space forces assigned to unified combatant commands other than the United States Strategic Command.
“(4) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the space command and such other inspector general functions as may be assigned.
“(e) Intelligence and special activities—This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).”
renumbered
was (2)(3)
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 167b the following new item:
renumbered
was (2)(4)
Briefing— The Secretary of the Air Force shall provide the Committees on Armed Services of the House of Representatives and the Senate a briefing on the need to develop additional recruitment measures or Reserve Officer Training Corps programs relating to space career fields.
removed
Plan for acquisition system—
removed
Development— The Deputy Secretary of Defense shall develop a plan to establish a separate, alternative acquisition system for defense space acquisitions, including with respect to procuring space vehicles, ground segments relating to such vehicles, and satellite terminals.
removed
Requirements process— The plan developed under paragraph (1) shall include recommendations of the Deputy Secretary with respect to whether the separate, alternative acquisition system described in the plan should use the Joint Capabilities Integration and Development System process or instead use a new requirements process developed by the Deputy Secretary in a manner that ensures that requirements for a program are synchronized across the space vehicles, ground segments relating to such vehicles, and satellite terminals, of the program.
removed
Exception— The plan developed under paragraph (1) shall cover defense space acquisitions except with respect to the National Reconnaissance Office and other elements of the Department of Defense that are elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
removed
Submission— Not later than December 31, 2019, the Deputy Secretary shall submit to the congressional defense committees a report containing the plan developed under paragraph (1).
removed
Plan for cadre development—
removed
Development— The Secretary of the Air Force shall develop a plan to increase the number and improve the quality of the space cadre of the Air Force.
removed
Matters included— The plan developed under paragraph (1) shall address the following:
removed
Managing the career progression of members of the Armed Forces and civilian employees of the Department who form the space cadre of the Air Force throughout the military or civilian career of the member or the employee, as the case may be, including with respect to—
removed
defining career professional milestones;
removed
pay and incentive structures;
removed
the management and oversight of the space cadre;
removed
training relating to planning and executing warfighting missions and operations in space;
removed
conducting periodic cadre-wide professional assessments to determine how the cadre is developing as a group; and
removed
establishing a centralized method to control personnel assignments and distribution.
removed
The identification of future space-related career fields that the Secretary determines appropriate, including a space acquisition career field.
removed
The identification of any overlap that exists among operations and acquisitions career fields to determine opportunities for cross-functional career opportunities.
removed
Submission— Not later than March 1, 2019, the Secretary shall submit to the congressional defense committees a report containing the plan developed under paragraph (1).
Sec. 1602 Rapid, responsive, and reliable space launch
added
Assured access to space— Section 2273 of title 10, United States Code, is amended—
added
in subsection (b)—
added
in paragraph (1), by striking “; and”;
added
in paragraph (2), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(3) the availability of rapid, responsive, and reliable space launches for national security space programs to—
added “(A) improve the responsiveness and flexibility of a national security space system;
added “(B) lower the costs of launching a national security space system; and
added “(C) maintain risks of mission success at acceptably low levels.”
added
in subsection (c), by inserting before the period at the end the following: “and the Director of National Intelligence”.
added
Reusability of launch vehicles—
added
Designation— Effective March 1, 2019, the Evolved Expendable Launch Vehicle program of the Department of Defense shall be known as the “National Security Space Launch program”. Any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to the Evolved Expendable Launch Vehicle program shall be deemed to be a reference to the National Security Space Launch program.
added
Requirement— In carrying out the National Security Space Launch program, the Secretary of Defense shall provide for consideration of both reusable and expendable launch vehicles with respect to any solicitation occurring on or after March 1, 2019, for which the use of a reusable launch vehicle is technically capable and maintains risk at acceptable levels.
added
Notification of solicitations for non-reusable launch vehicles— Beginning March 1, 2019, if the Secretary proposes to issue a solicitation for a contract for space launch services for which the use of reusable launch vehicles is not eligible for the award of the contract, the Secretary shall notify in writing the appropriate congressional committees of such proposed solicitation, including justifications for such ineligibility, by not later than 60 days before issuing such solicitation.
added
Risk and cost impact analysis—
added
In general— The Secretary shall conduct a risk and cost impact analysis with respect to launch services that use reusable launch vehicles. Such analysis shall include—
added
an assessment of how the inspection and certification regime of the Air Force for previously flown launch vehicles will ensure increased responsiveness and operational flexibility while maintaining acceptably low risk; and
added
an assessment of the anticipated cost savings to the Department of Defense realized by using a previously flown launch vehicle or components.
added
Submission— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the analysis conducted under paragraph (1).
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
added
The congressional defense committees.
added
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
removed
Section 2273a of title 10, United States Code, is amended to read as follows:
removed
“2273a. Space Rapid Capabilities Office
removed
“(a) In general—There is within the Air Force Space Command a program office known as the Space Rapid Capabilities Office (in this section referred to as the “Office”). The facilities of the Office may not be co-located with the headquarters facilities of the Air Force Space and Missile Systems Center.
removed
“(b) Head of office—The head of the Office shall be the designee of the Secretary of the Air Force. The head of the Office shall report to the Commander of the Air Force Space Command.
removed
“(c) Mission—The mission of the Office shall be—
removed
“(1) to contribute to the development of low-cost, rapid reaction payloads, busses, launch, and launch control capabilities in order to fulfill joint military operational requirements for on-demand space support and reconstitution;
removed
“(2) to coordinate and execute space rapid capabilities efforts across the Department of Defense with respect to planning, acquisition, and operations; and
removed
“(3) to rapidly develop and field new classified space capabilities.
removed
“(d) Acquisition authority—The acquisition activities of the Office shall be subject to the following:
removed
“(1) The Secretary of the Air Force shall designate the acquisition executive of the Office who shall provide streamlined acquisition authorities for projects of the Office.
removed
“(2) The Joint Capabilities Integration and Development System process shall not apply to acquisitions by the Office.
removed
“(3) The Commander of the United States Strategic Command, acting through the United States Space Command, shall—
removed
“(A) establish and validate capability requirements; and
removed
“(B) recommend priorities as the Commander determines appropriate.
removed
“(e) Required program element
removed
“(1) The Secretary of the Air Force shall ensure, within budget program elements for space programs, that—
removed
“(A) there are separate, dedicated unclassified and classified program elements for space rapid capabilities; and
removed
“(B) the Office executes the responsibilities of the Office through such program elements.
removed
“(2) The Office shall manage the program elements required by paragraph (1).
removed
“(f) Board of directors—The Secretary of the Air Force shall establish for the Office a Board of Directors (to be known as the “Space Rapid Capabilities Board of Directors”) to provide coordination, oversight, and approval of projects of the Office.”
Sec. 1603 Provision of space situational awareness services and information
changed
Assured access to space—Role of Department of Defense— Section 2273 2274(a) of title 10, United States Code, is amended—
changed
in subsection (b)—by striking “The Secretary of Defense may” and inserting “(1) Except as provided by paragraph (2), the Secretary of Defense may”; and
removed
in paragraph (1), by striking “; and”;
removed
in paragraph (2), by striking the period at the end and inserting “; and”; and
renumbered
was (2)(3)(4)
by adding at the end the following new paragraph:
added “(2) Beginning January 1, 2024, the Secretary may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines such actions are necessary to meet the national security interests of the United States.”
removed
“(3) the availability of rapid, responsive, and reliable space launches for national security space programs to—
removed
“(A) improve the responsiveness and flexibility of a national security space system;
removed
“(B) lower the costs of launching a national security space system; and
removed
“(C) maintain risks of mission success at acceptable levels.”
removed
in subsection (c), by inserting before the period at the end the following: “and the Director of National Intelligence”.
changed
Reusability of launch vehicles—Independent assessment—
changed
Designation—FFRDC— Effective March 1, 2019, Not later than 30 days after the Evolved Expendable Launch Vehicle program date of the Department enactment of this Act, the Secretary of Defense shall be known as seek to enter into a contract with a federally funded research and development center for which the “National Security Space Launch program”. Any reference in Federal law, regulations, guidance, instructions, Department of Defense is a sponsor to assess which single or other documents combination of departments or agencies of the Federal Government to Government, if any, should assume the Evolved Expendable Launch Vehicle program shall be deemed to be a reference to authorities of the National Security Space Launch program.Secretary of Defense under paragraph (1) of section 2274(a) of title 10, United States Code, that the Secretary will no longer carry out beginning on January 1, 2024, pursuant to paragraph (2) of such section, as added by subsection (a) of this section.
changed
Requirement—Considerations— In carrying out the National Security Space Launch program, the Secretary of Defense The assessment under paragraph (1) shall provide for consideration of both reusable and expendable launch vehicles with respect to any solicitation occurring on or after March 1, 2019, for which consider the use of a reusable launch vehicle is technically capable and maintains risk at acceptable levels.following:
added
The existing staff, budgetary resources, and institutional expertise of the departments and agencies of the Federal Government evaluated by the assessment.
added
The demonstrated ability of such departments and agencies to work collaboratively with industry in developing best practices or consensus standards.
added
The capacity of such departments and agencies to facilitate communication between space object operators to avoid a collision.
added
The ability of such departments and agencies to use other transaction agreements or similar transaction mechanisms.
added
Existing non-profit organizations through which such departments and agencies may oversee the private provision of space situational awareness services and information.
added
Submission—
added
DOD— Not later than 180 days after the date on which the Secretary and a federally funded research and development center enter into the contract under paragraph (1), the center shall submit to the Secretary a report on the assessment conducted under such paragraph.
added
Congress— Not later than 10 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall submit to the appropriate congressional committees such report, without change.
removed
Notification of solicitations for non-reusable launch vehicles— Beginning March 1, 2019, if the Secretary proposes to issue a solicitation for a contract for space launch services for which the use of reusable launch vehicles is not eligible for the award of the contract, the Secretary shall notify in writing the appropriate congressional committees of such proposed solicitation, including justifications for such ineligibility, by not later than 10 days after issuing such solicitation.
changed
Risk and cost impact analysis—Plan—
changed
In general—Development— The Secretary of Defense, in coordination with the heads of other departments or agencies of the Federal Government determined appropriate by the Secretary, shall conduct develop a risk and cost impact analysis with respect plan to launch services ensure that use reusable launch vehicles. Such analysis shall include—one or more departments or agencies of the Federal Government other than the Department of Defense may provide space situational awareness services and information to non-United States Government entities.
removed
an assessment of how the inspection and certification regime of the Air Force for previously flown launch vehicles will ensure increased responsiveness and operational flexibility while maintaining acceptable risk; and
removed
an assessment of the anticipated cost savings to the Department of Defense realized by using a previously flown launch vehicle or components.
changed
Submission—Consideration— Not later than 180 days after the date of In developing the enactment of this Act, plan under paragraph (1), the Secretary shall submit to the appropriate congressional committees take into consideration the analysis assessment conducted under paragraph (1).subsection (b)(1).
added
Submission— Not later than 180 days after the date on which the Secretary submits the report under subsection (b)(3), the Secretary shall submit to the appropriate congressional committees the plan developed under paragraph (1).
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
The congressional defense committees.
changed
The Permanent Select Committee on Intelligence of Science, Space, and Technology, the House of Representatives Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the Senate.House of Representatives.
added
The Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
Sec. 1604 Budget assessments for national security space programs
added Section 239(b)(1) of title 10, United States Code, is amended to read as follows:
added “(1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary may include the report in the defense budget materials if the Secretary submits such materials to Congress by such date.”
removed
Role of Department of Defense— Section 2274(a) of title 10, United States Code, is amended—
removed
by striking “The Secretary of Defense may” and inserting “(1) Except as provided by paragraph (2), the Secretary of Defense may”; and
removed
by adding at the end the following new paragraph:
removed
“(2) Beginning January 1, 2024, the Secretary may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines such actions are necessary to meet the national security interests of the United States.”
removed
Plan—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a plan for a department or agency of the United States Government other than the Department of Defense to provide space situational awareness services and information to non-United States Government entities.
removed
Matters included— The plan under paragraph (1) shall include the following:
removed
An assessment of the existing and planned staff, budgetary resources, and relevant institutional expertise of the department or agency covered by the plan with respect to providing space situational awareness services and information.
removed
An assessment of the demonstrated ability of such department or agency to work collaboratively with industry and academia in developing best practices or consensus standards.
removed
An assessment of the existing and planned capacity of such department or agency to facilitate communication between space object operators to avoid a collision.
removed
The ability of such department or agency to use other transaction agreements or similar transaction mechanisms to support space traffic management requirements.
removed
Any additional authorities that would be required to assume the responsibility described in paragraph (1).
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
removed
The congressional defense committees.
removed
The Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives.
removed
The Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate.
Sec. 1605 Enhancement of positioning, navigation, and timing capacity
added
Capability for trusted signals— The Secretary of the Air Force shall ensure that military Global Positioning System user equipment terminals have the capability, including with appropriate mitigation efforts, to receive trusted signals from the Galileo satellites of the European Union and the QZSS satellites of Japan, beginning with increment 2 of the acquisition of such terminals.
added
Capability for other signals— The Secretary of the Air Force shall ensure that military Global Positioning System user equipment terminals having the capability to receive non-allied positioning, navigation, and timing signals, beginning with increment 2 of the acquisition of such terminals, if the Secretary of Defense, in consultation with the Commander of the United States Strategic Command, determines that—
added
the benefits of receiving such signals outweigh the risks; or
added
such risks can be appropriately mitigated.
added
Engagement— The Secretary of Defense, jointly with the Secretary of State, shall engage with relevant allies of the United States to—
added
enable military Global Positioning System user equipment terminals to receive the positioning, navigation, and timing signals of such allies; and
added
negotiate as appropriate other potential agreements relating to the enhancement of positioning, navigation, and timing.
removed
Section 239(b)(1) of title 10, United States Code, is amended to read as follows:
removed
“(1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary may include the report in the defense budget materials if the Secretary submits such materials to Congress by such date.”
Sec. 1606 Use of small- and medium-size buses for strategic and tactical satellite payloads
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Briefing on risks, benefits, and cost savings—
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Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the risks, benefits, and cost savings with respect to using small- and medium-size buses for strategic and tactical satellite payloads for protected satellite communications programs and next-generation overhead persistent infrared systems.
added
Matters included— The briefing provided under paragraph (1) shall address the following:
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Increasing component and subcomponent commonality for power regulation, solar arrays, battery technology, thermal control, and avionics.
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The security of the supply chain, including a strategy to mitigate risk in such supply chain.
added
Analyses of alternatives—
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Section 1617 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1106; 51 U.S.C. 50918 note) is amended—
removed
in subsection (c)—
changed
Certifications— by redesignating paragraphs (2) and (3) as paragraphs (3) With respect to each analysis of alternatives of new space vehicles relating to a program described in paragraph (2), the Director for Cost Assessment and (4), respectively; andProgram Evaluation shall certify to the appropriate congressional committees that the analysis—
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includes materiel solutions for using small- and medium-size buses; and
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considers the relevant operational benefits and potential cost savings of using small-, medium-, and large-size buses.
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Programs described— by inserting after The programs described in this paragraph (1) are the following new paragraph (2):programs of the Department of Defense relating to any of the following:
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Protected satellite communications.
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Next-generation overhead persistent infrared systems.
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Space-based environmental monitoring.
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“(2) Streamlining
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“(A) In general—With respect to any licensed activity under chapter 509 of title 51, United States Code, the Secretary of Defense may not impose any requirement on a licensee or transferee that is duplicative of, or overlaps in intent with, any requirement imposed by the Secretary of Transportation under that chapter.
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“(B) Waiver—The Secretary of the Air Force may waive the limitation under subparagraph (A) if—
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“(i) the Secretary determines that imposing a requirement described in that subparagraph is necessary to avoid negative consequences for the national security space program; and
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“(ii) the Secretary notifies the Secretary of Transportation of such determination before making such waiver.”
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Briefing on alternative space-Based architectures— by adding at Not later than 240 days after the end date of the following new subsection:enactment of this Act, the Secretary of Defense, the Secretary of the Air Force, and the Chairman of the Joint Chiefs of Staff shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on alternative space-based architectures for the programs described in subsection (b)(2) using small-, medium-, and large-size buses.
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Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
added
The congressional defense committees.
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The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
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“(d) Rule of construction—Nothing in this section shall be construed to limit the ability of the Secretary of Defense to consult with the Secretary of Transportation with respect to requirements and approvals under chapter 509 of title 51, United States Code.”
Sec. 1607 Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable GPS receiver cards
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Space warfighting policy—Designation— Not later than March 29, 2019, 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of Defense Agencies the Secretary determines appropriate, shall develop designate a space warfighting policy.component of the Office of the Secretary of Defense to be responsible for coordinating common solutions for the M-code modernization efforts among the military departments, Defense Agencies, and other appropriate elements of the Department of Defense.
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Roles and responsibilities— The roles and responsibilities of the component selected under subsection (a) shall include the following:
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Identify the elements of the Department of Defense and the programs of the Department that require M-code capable receiver cards and determine—
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Review of space capabilities—
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In general— The Secretary shall conduct a review relating to the national security space enterprise that evaluates the following:
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The resiliency of the national security space enterprise with respect to a conflict.
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The ability of the national security space enterprise to attribute an attack on a space system in a timely manner.
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The ability of the United States—
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to resolve a conflict in space; and
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to determine the material means by which such conflict may be resolved.
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Specific options for the national security space enterprise to provide the ability—
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to defend against aggressive behavior in space at all levels of conflict;
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to defeat any adversary that demonstrates aggressive behavior in space at all levels of conflict;
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to deter aggressive behavior in space at all levels of conflict; and
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to develop a declassification strategy, if required to demonstrate deterrence.
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The effectiveness and efficiency of the national security space enterprise to rapidly research, develop, acquire, and deploy space capabilities and capacities—
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to deter and defend the national security space assets of the United States; and
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to respond to any new threat to such space assets.
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The roles, responsibilities, and authorities of the Department of Defense with respect to space control activities.
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Any emerging space threat the Secretary expects the United States to confront during the 10-year period beginning on the date of the enactment of this Act.
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Such other matters as the Secretary considers appropriate.
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Report—
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In general— Not later than March 29, 2019, the Secretary shall submit to number of total receiver cards required by the congressional defense committees a report on Department, including the findings of number required for each such element and program and the review under paragraph (1).military departments;
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Form— The report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.the timeline, by fiscal year, for each program of the Department conducting M-code modernization efforts; and
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the projected cost for each such program.
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Systematically collect integration test data, lessons learned, and design solutions, and share such information with other elements of the Department.
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Identify ways the Department can prevent duplication in conducting M-code modernization efforts, and identify, to the extent practicable, potential cost savings that could be realized by addressing such duplication.
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Coordinate the integration, testing, and procurement of M-code capable receiver cards to ensure that the Department maximizes the buying power of the Department, reduces duplication, and saves resources, where possible.
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Support— The Secretary of Defense shall ensure the military departments, the Defense Agencies, and other elements of the Department of Defense provide the component selected under subsection (a) with the appropriate support and resources needed to perform the roles and responsibilities under subsection (b).
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Reports— Not later than March 15, 2019, and annually thereafter through 2021, the Secretary of Defense shall provide to the congressional defense committees a report on M-code modernization efforts. Each report shall include, with respect to the period covered by the report, the following:
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The projected cost and schedule, by fiscal year, for the Department to acquire M-code capable receiver cards.
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The programs of the Department conducting M-code modernization efforts.
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The number of M-code capable receiver cards procured by the Department, the number of such receiver cards yet to be procured, and the percentage of the M-code modernization efforts completed by each program identified under paragraph (2).
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Definitions— In this section:
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The term “M-code capable receiver card” means a Global Positioning System receiver card that is capable of receiving military code that provides enhanced positioning, navigation, and timing capabilities and improved resistance to existing and emerging threats, such as jamming.
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The term “M-code modernization efforts” means the development, integration, testing, and procurement programs of the Department of Defense relating to developing M-code capable receiver cards.
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Plan on space warfighting readiness—
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In general— Not later than March 29, 2019, the Secretary of Defense shall develop, and commence the implementation of, a plan that—
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identifies joint mission-essential tasks for space as a warfighting domain;
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identifies any additional authorities, or delegated authorities, that would need to accompany the employment of forces to meet such mission-essential tasks;
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meets the readiness requirements for space warfighting, including with respect to equipment, training, and personnel, to meet such mission-essential tasks; and
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considers the contributions by allies and partners of the United States with respect to defense space capabilities to increase burden sharing across space systems, as appropriate.
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Briefing— Not later than March 29, 2019, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing describing the authorities identified under paragraph (1)(B) that the Secretary determines require legislative action.
Sec. 1608 Designation of component of Department of Defense responsible for coordination of hosted payload information
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Findings— Congress finds the following:
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Briefing on risks, benefits, and cost savings—
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Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the risks, benefits, and cost savings with respect to using small- and medium-size buses for strategic and tactical satellite payloads for protected satellite communications programs and next-generation overhead persistent infrared systems.
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Matters included— The briefing provided under paragraph (1) shall address Using commercially hosted payloads is an option for the following:Department of Defense that should be considered in analyses of alternatives, as it could increase cost savings, speed up capability to orbit, and contribute to resilience through the use of disaggregated space systems by the Department.
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The use by the Department of commercially hosted payloads has been limited so far, using commercial satellites to host three experimental payloads to date, though the use of hosted payloads could expand in the future.
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The Department does not have the knowledge the Department needs to determine if commercially hosted payloads are an acquisition approach worth pursuing.
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The Department faces challenges in matching payloads to commercial hosts, due to numerous logistical challenges to matching payloads to hosts, including coordinating the size, weight and power of the payload with the commercial host, and aligning acquisition and funding timelines between government and commercial programs.
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The Comptroller General of the United States in preliminary findings concluded that the space acquisition culture of the Department lacks sufficient knowledge, such as costs, technical parameters, and lessons learned, to determine the benefits and address the challenges of using commercially hosted payloads and that the existing knowledge is fragmented across the Department without any plans to consolidate it.
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Programs are not required to report data on commercially hosted payloads to any centralized office or database, and leveraging cost and technical data from hosted payload efforts could inform future interested programs and avoid duplication of efforts, but currently no such comprehensive data source exists.
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Designation— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of the Air Force, and other Secretaries of the military departments and the heads of Defense Agencies the Secretary determines appropriate, shall designate a component of the Department of Defense or a military department to be responsible for coordinating information, processes, and lessons learned relating to using commercially hosted payloads across the military departments, Defense Agencies, and other appropriate elements of the Department of Defense. The functions of such designated component shall include, at a minimum, the following:
removed
Increasing component and subcomponent commonality for power regulation, solar arrays, battery technology, thermal control, and avionics.
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The security of the supply chain, including a strategy to mitigate risk in such supply chain.
removed
Requirements for radiation hardening of critical components.
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Analyses of alternatives—
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Certifications— Upon the completion of each analysis of alternatives of new space vehicles relating to a program described in paragraph (2), the Director for Cost Assessment and Program Evaluation shall certify to the appropriate congressional committees that the analysis—
removed
includes materiel solutions for using small- and medium-size buses; and
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considers the relevant operational benefits and potential cost savings of using small-, medium-, and large-size buses.
changed
Programs described— The programs described in this paragraph are the programs of the Department of Defense relating Systematically collecting information from past and planned hosted payload arrangements to any of the following:inform future acquisition planning and space system architecture design, including integration test data, lessons learned, and design solutions.
added
Creating a centralized database for cost, technical data, and lessons learned on commercially hosted payloads and sharing such information with other elements of the Department.
removed
Protected satellite communications.
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Next-generation overhead persistent infrared systems.
removed
Space-based environmental monitoring.
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Briefing on alternative space-Based architectures— Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of the Air Force, and the Chairman of the Joint Chiefs of Staff shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on alternative space-based architectures for the programs described in subsection (b)(2) using small-, medium-, and large-size buses.
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
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The congressional defense committees.
removed
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Sec. 1609 Limitation on availability of funds for Joint Space Operations Center mission system
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JMS— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Joint Space Operations Center mission system may be obligated or expended until the date on which the Deputy Secretary of Defense makes the certification under subsection (c).
removed
Capability for trusted signals—
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Requirement— Except as provided by paragraph (2), subject to appropriate mitigation efforts, the Secretary of the Air Force shall ensure that military Global Positioning System user equipment terminals have the capability to receive trusted signals from the Galileo satellites of the European Union and the QZSS satellites of Japan, beginning with increment 2 of the acquisition of such terminals.
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Waiver— The Secretary of Defense may waive, on a case-by-case basis, the requirement under paragraph (1) for military Global Positioning System user equipment terminals to have the capability described in such paragraph if the Secretary submits to the congressional defense committees a report containing—
removed
the rationale for why the Secretary could not integrate such capability beginning with increment 2 of the acquisition of such terminals; and
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a plan, including a timeline, to incorporate such capability in future increments of such terminals.
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Limitation on delegation— The Secretary of Defense may not delegate the authority under paragraph (2) to make a waiver below the Deputy Secretary of Defense.
changed
Capability for other signals—ESBMC2— The Secretary of the Air Force shall ensure that military Global Positioning System user equipment terminals having Of the capability funds authorized to receive non-allied positioning, navigation, be appropriated by this Act or otherwise made available for fiscal year 2019 for service and timing signals, beginning with increment 2 management applications of the acquisition of such terminals, if enterprise space battle management command and control, not more than 75 percent may be obligated or expended until the Secretary of Defense, in consultation with date on which the Commander Deputy Secretary of Defense makes the United States Strategic Command, determines that—certification under subsection (c).
removed
the benefits of receiving such signals outweigh the risks; or
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such risks can be appropriately mitigated.
changed
Engagement—Certification— The Deputy Secretary of Defense and Defense, without delegation, shall certify to the congressional defense committees that the Secretary of State shall jointly engage with relevant allies of the United States to—Air Force has entered into a contract to operationalize existing, proven, best-in-breed commercial space situational awareness processing software to address warfighter requirements and fill gaps in current space situational capabilities.
removed
enable military Global Positioning System user equipment terminals to receive the positioning, navigation, and timing signals of such allies; and
removed
negotiate as appropriate other potential agreements relating to the enhancement of positioning, navigation, and timing.
Sec. 1610 Evaluation and enhanced security of supply chain for protected satellite communications programs and overhead persistent infrared systems
added
Evaluations of supply chain vulnerabilities—
added
In general— Not later than December 31, 2020, and in accordance with the plan under paragraph (2)(A), the Secretary of Defense, in coordination with the Director of National Intelligence, shall conduct evaluations of the supply chain vulnerabilities of each covered program.
added
Plan—
added
Development— The Secretary shall develop a plan to carry out the evaluations under paragraph (1), including with respect to the personnel and resources required to carry out such evaluations.
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the plan under subparagraph (A).
added
Waiver— The Secretary may waive, on a case-by-case basis with respect to a covered program, either the requirement to conduct an evaluation under paragraph (1) or the deadline specified in such paragraph if the Secretary certifies to the congressional defense committees before such date that all known supply chain vulnerabilities of such covered program have minimal consequences for the capability of such covered program to meet operational requirements or otherwise satisfy mission requirements.
added
Risk mitigation strategies— In carrying out an evaluation under paragraph (1), the Secretary shall develop—
added
strategies for mitigating the risks of supply chain vulnerabilities identified in the course of such evaluation; and
added
cost estimates for such strategies.
added
Prioritization of certain supply chain risk management efforts—
added
Instructions— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a Department of Defense Instruction, or update such an Instruction, establishing the prioritization of supply chain risk management programs, including supply chain risk management threat assessment reporting, to ensure that acquisition and sustainment programs relating to covered programs receive the highest priority of such supply chain risk management programs and reporting.
added
Requirements—
removed
Designation— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of Defense Agencies the Secretary determines appropriate, shall designate a component of the Office of the Secretary of Defense to be responsible for coordinating common solutions for the M-code modernization efforts among the military departments, Defense Agencies, and other appropriate elements of the Department of Defense.
removed
Roles and responsibilities— The roles and responsibilities of the component selected under subsection (a) shall include the following:
removed
Identify the elements of the Department of Defense and the programs of the Department that require M-code capable receiver cards and determine—
changed
Establishment— the number of total receiver cards required by the Department, including the number required for each such element The Secretary shall establish requirements to carry out supply chain risk management threat assessment collections and program analyses under acquisition and the military departments;sustainment programs relating to covered programs.
changed
Briefing— Not later than 120 days after the timeline, by fiscal year, for each program date of the Department conducting M-code modernization efforts; andenactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the requirements established under subparagraph (A).
removed
the projected cost for each such program.
removed
Systematically collect integration test data, lessons learned, and design solutions, and share such information with other elements of the Department.
removed
Identify ways the Department can prevent duplication in conducting M-code modernization efforts, and identify, to the extent practicable, potential cost savings that could be realized by addressing such duplication.
removed
Coordinate the integration, testing, and procurement of M-code capable receiver cards to ensure that the Department maximizes the buying power of the Department, reduces duplication, and saves resources, where possible.
removed
Support— The Secretary of Defense shall ensure the military departments, the Defense Agencies, and other elements of the Department of Defense provide the component selected under subsection (a) with the appropriate support and resources needed to perform the roles and responsibilities under subsection (b).
removed
Reports— Not later than March 15, 2019, and annually thereafter through 2021, the Secretary of Defense shall provide to the congressional defense committees a report on M-code modernization efforts. Each report shall include, with respect to the period covered by the report, the following:
removed
The projected cost and schedule, by fiscal year, for the Department to acquire M-code capable receiver cards.
removed
The programs of the Department conducting M-code modernization efforts.
removed
The number of M-code capable receiver cards procured by the Department, the number of such receiver cards yet to be procured, and the percentage of the M-code modernization efforts completed by each program identified under paragraph (2).
renumbered
was (6)
Definitions— In this section:
added
The term appropriate congressional committees means the following:
added
The congressional defense committees.
added
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
added
The term covered programs means programs of the Department of Defense relating to any of the following:
added
Protected satellite communications.
added
Next-generation overhead persistent infrared systems.
removed
The term “M-code capable receiver card” means a Global Positioning System receiver card that is capable of receiving military code that provides enhanced positioning, navigation, and timing capabilities and improved resistance to existing and emerging threats, such as jamming.
removed
The term “M-code modernization efforts” means the development, integration, testing, and procurement programs of the Department of Defense relating to developing M-code capable receiver cards.
Sec. 1611 Report on protected satellite communications
changed
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with December 31, 2018, the Secretary of the Air Force, and other Secretaries of the military departments and the heads of Defense Agencies the Secretary determines appropriate, shall designate submit to the congressional defense committees a component report on how each of the Department of Defense or a military department to be responsible following programs will meet the requirements for coordinating information, processes, resilience, mission assurance, and lessons learned relating to using commercially hosted payloads across the military departments, Defense Agencies, nuclear command, control, and other appropriate elements communication missions of the Department of Defense. The functions of such designated component shall include, at a minimum, the following:Defense:
changed
Systematically collecting information from past and planned hosted payload arrangements to inform future acquisition planning and space system architecture design, including integration test data, lessons learned, and design solutions.The evolved strategic satellite program.
changed
Creating a centralized database for cost, technical data, and lessons learned on commercially hosted payloads and sharing such information with other elements of the Department.The protected tactical service program.
added
The protected tactical enterprise service program.
Sec. 1612 Plan on space warfighting readiness
changed
JMS—In general— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Joint Space Operations Center mission system, not more Not later than 50 percent may be obligated or expended until 60 days after the date on which of the Secretary enactment of this Act, the Air Force makes Secretary of Defense shall develop, and commence the certification under subsection (c).implementation of, a plan that—
added
identifies joint mission-essential tasks for space as a warfighting domain;
added
identifies any additional authorities, or delegated authorities, that would need to accompany the employment of forces to meet such mission-essential tasks;
added
meets the readiness requirements for space warfighting, including with respect to equipment, training, and personnel, to meet such mission-essential tasks; and
added
considers the contributions by allies and partners of the United States with respect to defense space capabilities to increase burden sharing across space systems, as appropriate.
changed
ESBMC2—Briefing— Of Not later than 60 days after the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for service and management applications date of the enterprise space battle management command and control, not more than 75 percent may be obligated or expended until enactment of this Act, the date Secretary shall provide to the Committees on which Armed Services of the Secretary House of Representatives and the Air Force makes Senate, and to any other congressional defense committee upon request, a briefing describing the certification authorities identified under subsection (c).(a)(2) that the Secretary determines require legislative action.
removed
Certification— The Secretary of the Air Force, without delegation, shall certify to the congressional defense committees that the Secretary has entered into a contract to operationalize existing, proven, best-in-breed commercial space situational awareness processing software to address warfighter requirements and fill gaps in current space situational capabilities.
Sec. 1613 Study on space-based radio frequency mapping
added
Study— The Secretary of Defense and the Director of National Intelligence shall jointly conduct a study on the capabilities of the private sector with respect to space-based radio frequency mapping and associated operations and services for space-based electromagnetic collections. Such study shall address the following:
added
The near-term commercial market offerings of such operations and services in the United States and outside the United States.
removed
Evaluations of supply chain vulnerabilities—
removed
In general— Not later than December 31, 2020, and in accordance with the plan under paragraph (2)(A), the Secretary of Defense, in coordination with the Director of National Intelligence, shall conduct evaluations of the supply chain vulnerabilities of each covered program.
removed
Plan—
removed
Development— The Secretary shall develop a plan to carry out the evaluations under paragraph (1), including with respect to the personnel and resources required to carry out such evaluations.
removed
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the plan under subparagraph (A).
changed
Waiver— The Secretary may waive, on a case-by-case basis with respect to a covered program, either the requirement to conduct an evaluation under paragraph (1) or the deadline specified in such paragraph if the Secretary certifies potential benefits to the congressional defense committees before such date that all known supply chain vulnerabilities of such covered program have minimal consequences for the capability of United States provided by such covered program to meet operational requirements or otherwise satisfy mission requirements.operations and services.
changed
Risk mitigation strategies— In carrying out an evaluation under paragraph (1), The potential risks to the Secretary shall develop—United States posed by such operations and services.
added
The sufficiency of existing legal authorities available to the Secretary and the Director to address such potential risks.
added
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary and the Director shall jointly submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing the study under subsection (a).
removed
strategies for mitigating the risks of supply chain vulnerabilities identified in the course of such evaluation; and
removed
cost estimates for such strategies.
removed
Prioritization of certain supply chain risk management efforts—
removed
Instructions— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a Department of Defense Instruction, or update such an Instruction, establishing the prioritization of supply chain risk management programs, including supply chain risk management threat assessment reporting, to ensure that acquisition and sustainment programs relating to covered programs receive priority of such supply chain risk management programs and reporting.
removed
Requirements—
removed
Establishment— The Secretary shall establish requirements to carry out supply chain risk management threat assessment collections and analyses under acquisition and sustainment programs relating to covered programs.
removed
Briefing— Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the requirements established under subparagraph (A).
removed
Definitions— In this section:
removed
The term appropriate congressional committees means the following:
removed
The congressional defense committees.
removed
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
removed
The term covered programs means programs of the Department of Defense relating to any of the following:
removed
Protected satellite communications.
removed
Next-generation overhead persistent infrared systems.
Sec. 1614 Plan to provide persistent weather imagery for United States Central Command
added
Plan— The Secretary of the Air Force shall develop a plan to provide the United States Central Command with persistent weather imagery for the area of operations of the Command beginning not later than January 1, 2026.
removed
Not later than December 31, 2018, the Secretary of Defense shall submit to the congressional defense committees a report on how each of the following programs will meet the requirements for resilience, mission assurance, and the nuclear command, control, and communication missions of the Department of Defense:
changed
Matters included— The evolved strategic satellite program.plan developed under subsection (a) shall include the following:
added
A long-term method for providing the United States Central Command with persistent weather imagery for the area of operations of the Command that—
added
does not rely on data provided by a foreign government; and
added
does not include relocating legacy geostationary operational environmental satellites.
added
A description of the costs required to carry out the plan.
changed
Submission— The protected tactical service program.Not later than March 1, 2019, the Secretary shall submit to the congressional defense committees the plan developed under subsection (a).
removed
The protected tactical enterprise service program.
Sec. 1615 Independent study on space launch locations
changed
In general—Independent study— Not later than one year 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit seek to the congressional defense committees enter into a report that identifies whether the current Global Positioning System Operational Control Segment (in this section referred to as “OCS”) can be incrementally improved contract with a federally funded research and development center to achieve capabilities similar conduct a study on space launch locations, including with respect to the Next Generation Operational Control Segment (in this section referred to as “OCX”) used to operate development and capacity of existing and new locations, and the Global Positioning System III.vulnerabilities of the use of existing coastal locations and new locations. The study shall, at a minimum—
added
identify how additional locations affect the capability of the Department of Defense to rapidly reconstitute and improve resilience for defense satellite system launches;
added
identify the capacities and vulnerabilities of current and new space launch locations, in light of the rapid increase in using commercial space services to support national security space missions and military requirements;
added
identify partnerships within State government-owned and -operated spaceports that should be developed to increase launch capacities and enhance the space resiliency of the United States;
added
provide recommendations on strategic placement for future space launch sites to mitigate vulnerabilities presented by coastal launch sites; and
added
identify costs associated with additional locations and whether such costs should be borne by the Department of Defense, State governments, or private entities.
changed
Elements—Selection— The report required Secretary may not enter into the contract under subsection (a) shall include with a federally funded research and development center for which the following elements:Air Force Space Command or the Launch Centers of the National Aeronautical and Space Administration is a sponsor.
added
Submission to DOD— Not later than 240 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under subsection (a).
added
Submission to Congress— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the report under subsection (a), without change.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The congressional defense committees.
added
The Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
removed
A cybersecurity review of both OCS and OCX to determine the specific cybersecurity improvements needed to operate the system through 2030, including—
removed
the cybersecurity improvements to OCS needed to match the cybersecurity capabilities that OCX is intended to provide;
removed
any additional OCS cybersecurity protections needed beyond those OCX is intended to provide; and
removed
any additional OCX cybersecurity protections needed beyond those for which OCX is currently contracted.
removed
An incremental development plan for OCS, including—
removed
the number of additional incremental upgrades needed to achieve capabilities similar to OCX, including a discussion of—
removed
any additional capabilities needed;
removed
the specific capabilities in each upgrade;
removed
the duration of each upgrade; and
removed
a full schedule to complete all upgrades;
removed
the estimated cost for each incremental OCS upgrade; and
removed
the total estimated cost across fiscal years for all OCS upgrades to achieve capabilities similar to OCX and any additional capabilities.
removed
The date by which the Department of Defense would have to begin contracting for each incremental OCS upgrade to ensure availability of OCS for the Global Positioning System III.
removed
A comparison of current improvements to OCS that are underway, and additional OCS incremental improvements described under paragraph (2), to the program of record OCX capabilities, including—
removed
the acquisition and sustainment cost by fiscal year through fiscal year 2030 for OCS and OCX;
removed
a comparison schedule between OCS (including incremental improvements described under paragraph (2)) and OCX that identifies the delivery dates and capability delivered; and
removed
the cost and schedule required to provide OCX with any additional needed capabilities that are now required and not currently in the program of record.
Sec. 1616 Report on space debris
changed
Report—In general— Not later than March 1, 2019, 240 days after the Secretary date of the Air Force enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional defense committees a report on options to provide the United States Central Command with persistent weather imagery for the area of operations of the Command beginning not later than January 1, 2026.risks posed by man-made space debris in low-earth orbit, including—
added
recommendations with respect to the remediation of such risks; and
added
outlines of plans to reduce the incident of such space debris.
changed
Matters included—Appropriate congressional committees defined— The report under subsection (a) shall include In this section, the following:term “appropriate congressional committees” means—
changed
A description of long-term options for providing the United States Central Command with persistent weather imagery for Committee on Armed Services and the area of operations Committee on Science, Space, and Technology of the Command that—House of Representatives; and
removed
do not rely on data provided by a foreign government; and
removed
do not include relocating legacy geostationary operational environmental satellites.
changed
A description of the costs required to carry out each option included in Committee on Armed Services and Committee on Commerce, Science, and Transportation of the report.Senate.
Sec. 1617 Briefing on commercial satellite servicing capabilities
changed
Study—Briefing— The Not later than one year after the date of the enactment of this Act, the Secretary of Defense and Defense, in consultation with the Director of National Intelligence Intelligence, shall jointly conduct a study provide the Committees on Armed Services of the capabilities House of Representatives and the private sector with respect to space-based radio frequency mapping Senate, and associated operations to any other appropriate congressional committee upon request, a briefing detailing the costs, risks, and services operational benefits of leveraging commercial satellite servicing capabilities for space-based electromagnetic collections. Such study shall address the following:national security satellite systems.
removed
The near-term commercial market offerings of such operations and services in the United States and outside the United States.
removed
The potential national security benefits to the United States provided by such operations and services.
removed
The potential national security risks to the United States posed by such operations and services.
removed
The sufficiency of existing legal authorities available to the Secretary and the Director to address such potential risks.
changed
Report—Elements— Not later than 90 days after the date of the enactment of this Act, the Secretary and the Director shall jointly submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing the study The briefing under subsection (a).(a) shall include the following:
added
A prioritized list, with rationale, of operational and planned assets of the Department of Defense that could be enhanced by satellite servicing missions.
added
The costs, risks, and benefits of integrating satellite servicing capabilities as a part of operational resilience.
added
Potential strategies that could allow future national security space systems to leverage commercial in-orbit servicing capabilities where appropriate and feasible.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committee” means—
added
the congressional defense committees;
added
the Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.
Sec. 1618 Independent study on space launch locations
removed
removed
Independent study— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on space launch locations, including with respect to the development and capacity of existing and new locations. The study shall, at a minimum—
removed
identify how additional locations affect the capability of the Department of Defense to rapidly reconstitute and improve resilience for defense satellite system launches;
removed
identify the capacities of current and new space launch locations, in light of the rapid increase in using commercial space services to support national security space missions and military requirements;
removed
identify partnerships within State government-owned and operated spaceports that should be developed to increase launch capacities and enhance the space resiliency of the United States;
removed
provide recommendations on strategic placement for future space launch sites; and
removed
identify costs associated with additional locations and whether such costs should be borne by the Department of Defense, State governments, or private entities.
removed
Submission to DOD— Not later than 240 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under subsection (a).
removed
Submission to Congress— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the report under subsection (a), without change.
removed
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
removed
The congressional defense committees.
removed
The Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives.
removed
The Committee on Commerce, Science, and Transportation of the Senate.
Sec. 1619 Briefing on commercial satellite servicing capabilities
removed
removed
Briefing— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence, shall jointly provide the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing detailing the costs, risks, and operational benefits of leveraging commercial satellite servicing capabilities for national security satellite systems.
removed
Elements— The briefing under subsection (a) shall include the following:
removed
A prioritized list, with rationale, of operational and planned assets of the Department of Defense that could be enhanced by satellite servicing missions.
removed
The costs, risks, and benefits of integrating satellite servicing capabilities as a part of operational resilience.
removed
Potential strategies that could allow future national security space systems to leverage commercial on-orbit servicing capabilities where appropriate and feasible.
removed
Appropriate congressional committees defined— In this section, the term “appropriate congressional committee” means—
removed
the congressional defense committees;
removed
the Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives; and
removed
the Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.
Sec. 1621 Role of Under Secretary of Defense for Intelligence
Subsection (b) of section 137 of title 10, United States Code, is amended to read as follows:
“(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence shall—
“(1) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the activities of the Department of Defense that are part of the Military Intelligence Program;
“(2) execute the functions for the National Intelligence Program of the Department of Defense under section 105 of the National Security Act of 1947 (50 U.S.C. 3038), as delegated by the Secretary of Defense;
changed
“(3) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the information security, personnel security, physical security, industrial security, and the protection of classified information and controlled unclassified information, industrial security related activities of the Department of Defense; and
“(4) perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.”
Sec. 1622 Security clearance for dual nationals
In general— Chapter 80 of title 10, United States Code, is amended by inserting after section 1564a the following new section:
changed
“1564b. Security vetting clearance for foreign dual nationals
changed
“(a) Standards and processAdditional review
changed
“(1) The Secretary In the case of Defense, an individual described in coordination with paragraph (3), the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), Secretary of Defense shall develop uniform and consistent standards and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, facilities, personnel, information, or operations, of the Department of Defense, including review foreign preference in accordance with respect to the background investigations adjudicative guidelines under part 147 of covered foreign individuals requiring access to classified information.title 32, Code of Federal Regulations, or such successor regulation, before approving a security clearance for such individual.
changed
“(2) The Secretary shall ensure that designate an official of the standards developed under Department of Defense to be responsible for adjudicating any derogatory information of an individual described in paragraph (1) are consistent with relevant directives (3) concerning foreign preference that is discovered after the security clearance of the Security Executive Agent.individual is approved.
changed
“(3) The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under An individual described in this paragraph (1) and adjudicating any information discovered pursuant to such process.is an individual who is—
changed
“(b) Other uses—In addition to using the centralized process developed under subsection (a)(1) for covered foreign individuals, the Secretary may use the centralized process in determining whether to grant “(A) a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with national of the adjudicative guidelines under part 147 United States (as such term is defined in section 101 of title 32, Code the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of Federal Regulations, or such successor regulation.a foreign state; and
changed
“(c) Covered foreign individual defined—In this section, the term “covered foreign individual” means an individual who meets the following criteria:“(B) either—
changed
“(1) The individual is—“(i) a civilian employee or contractor who requires access to classified information; or
changed
“(A) “(ii) a national member of a foreign state;the armed forces who requires access to classified information.
changed
“(B) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or“(b) Waiver
changed
“(C) “(1) In the case of an alien individual who is lawfully admitted for permanent residence (as such term is defined in section 101 a national of the Immigration United States and Nationality Act (8 U.S.C. 1101)).also a national of a foreign state identified under paragraph (2), the Secretary may waive the requirement under subsection (a).
changed
“(2) The individual is either—Director of National Intelligence shall identify foreign states that authorize citizens or nationals of the United States to serve in positions of trust equivalent to positions in the United States Government that require access to classified information.”
removed
“(A) a civilian employee of the Department of Defense or a contractor of the Department; or
removed
“(B) a member of the armed forces.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564a the following new item:
Briefing—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on—
the process developed under paragraph (1) of section 1564b(a) of title 10, United States Code, as added by subsection (a); and
changed
the official designated under paragraph (3) (2) of such section 1564b(a).
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means the following:
The Committees on Armed Services of the House of Representatives and the Senate.
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Sec. 1623 Department of Defense Counterintelligence polygraph program
Addition of dual-Nationals— Subsection (b) of section 1564a of title 10, United States Code, is amended to read as follows:
“(b) Persons covered—Except as provided in subsection (d), the following persons are subject to this section:
“(1) With respect to persons whose duties are described in subsection (c)—
“(A) military and civilian personnel of the Department of Defense;
“(B) personnel of defense contractors;
“(C) persons assigned or detailed to the Department of Defense; and
“(D) applicants for a position in the Department of Defense.
“(2) A person who is—
“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and
“(B) either—
“(i) a civilian employee or contractor who requires access to classified information; or
“(ii) a member of the armed forces who requires access to classified information.”
Standards for dual-Nationals— Subsection (e)(2) of such section is amended by adding at the end the following new subparagraph:
changed
“(D) With respect to persons described in subsection (b)(2), to assist in assessing any counterintelligence threats identified in an authorized investigation of foreign preference or foreign influence risks, as described in part 147 of title 32, Code of Federal Regulations, Regulation, or such successor regulations.”
Conforming amendments— Such section is further amended—
in subsection (c), by striking “in subsection (b)” and inserting “in subsection (b)(1)”; and
in subsection (e)(2)(A), by striking “in subsections (b)” and inserting “in subsections (b)(1)”.
removed
Rule of construction— Nothing in section 1564a of title 10, United States Code, as amended by this section, shall be construed to prohibit the granting of a security clearance to persons described in subsection (b)(2) of such section absent information relevant to the adjudication process, as described in part 147 of title 32, Code of Federal Regulations, or such successor regulations.
Sec. 1626 Prohibition on the availability of funds for Department of Defense assuming background investigation mission for the Federal Government
added None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer to the Department the background investigation mission for all agencies or departments of the Federal Government using the National Background Investigation Bureau for investigative services as of April 1, 2018.
removed
Framework required—
removed
In general— In accordance with section 105 of the National Security Act of 1947 (50 U.S.C. 3038), section 193 of title 10, United States Code, and section 1018 of the National Security Intelligence Reform Act of 2004 (Public Law 108–458; 50 U.S.C. 3023 note), the Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and establish in policy a framework and supporting processes within the Department of Defense to help ensure that the missions, roles, and functions of the combat support agencies of the Department of Defense that are also elements of the intelligence community, and other intelligence components of the Department, are appropriately balanced and resourced.
removed
Scope— The framework shall include a consistent, repeatable process for the evaluation of proposed additions, transfers, or eliminations of a mission, role, or functions and associated resource profiles of the elements described in paragraph (1) for purposes of preventing imbalances in priorities, insufficient or misaligned resources, and the unauthorized expansion of mission parameters.
removed
Elements— The framework required by subsection (a) shall include the following:
removed
A lexicon of relevant terms used by the Department of Defense and the Office of the Director of National Intelligence that—
removed
ensures consistent definitions are used in determinations about the balance described in subsection (a)(1); and
removed
reconciles jointly used definitions.
removed
A reevaluation of the intelligence components of the Department, including the Joint Intelligence Centers and Joint Intelligence Operations Centers within the combatant commands, in order to determine which components should be formally designated as part of the intelligence community and any components not so designated conform to relevant tradecraft standards.
removed
A repeatable process of the Department for evaluating the addition, transfer, or elimination of defense intelligence missions, roles, and functions, currently or to be performed by elements described in subsection (a)(1) that includes—
removed
a justification for any proposed addition, transfer, or elimination of a mission, role, or function;
removed
the identification of the elements in the Federal Government, if any, that currently perform the mission, role, or function concerned;
removed
for any proposed addition of a mission, role, or function, an assessment of the most appropriate element of the Department to assume it, taking into account current resource profiles, scope of existing responsibilities, primary customers, and infrastructure necessary to support the addition; and
removed
for any proposed addition or transfer of a mission, role, or function—
removed
a determination of the appropriate resource profile for such mission, role, or function; and
removed
the identification, in writing, for the Department elements concerned of the resources anticipated to be needed and source of such resources during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, as in effect at the time of the proposed addition or transfer.
removed
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Director, shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the framework required by subsection (a).
removed
Policy— Not later than 270 days after the date of the enactment of this Act, the Secretary, in coordination with the Director, shall submit to the appropriate congressional committees a report setting forth the policy establishing the framework required by subsection (a).
removed
Definitions— In this section:
removed
The term appropriate congressional committees means—
removed
the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
The term “combat support agency” has the meaning given that term in section 193 of title 10, United States Code.
removed
The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
Sec. 1631 Amendments to pilot program regarding cyber vulnerabilities of Department of Defense critical infrastructure
added Subsection (b) of section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2224 note) is amended—
removed
In general— Part I of subtitle A of title 10, United States Code, is amended—
removed
by transferring sections 130g, 130j, and 130k to chapter 19 of such part to appear after section 393 of such chapter; and
removed
by redesignating such sections 130g, 130j, and 130k, as transferred by paragraph (1), as sections 394, 395, and 396, respectively.
changed
Conforming amendment— Section 108(m) of in paragraph (1), in the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1507(m)) is amended matter preceding subparagraph (A), by striking “under section 130g” and inserting “under section 394”.“and the Defense Digital Service” after “covered research laboratory”;
added
in paragraph (4), in the matter preceding subparagraph (A), by striking “2019” and inserting “2020”; and
added
in paragraph (5), by striking “2019” and inserting “2020”.
removed
Clerical amendments—
removed
The table of sections at the beginning of chapter 3 of title 10, United States Code, is amended by striking the items relating to sections 130g, 130j, and 130k.
removed
The table of sections at the beginning of chapter 19 of such title is amended by adding at the end the following new items:
Sec. 1632 Budget display for cyber vulnerability evaluations and mitigation activities for major weapon systems of the Department of Defense
added
Budget required— Beginning in fiscal year 2021 and in each fiscal year thereafter, the Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a consolidated Cyber Vulnerability Evaluation and Mitigation budget justification display for each major weapons system of the Department of Defense that includes the following:
added
Cyber vulnerability evaluations—
added
Status— Whether, in accordance with paragraph (1) of section 1647(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118), the cyber vulnerability evaluation for each such major weapon system is pending, in progress, complete, or, pursuant to paragraph (2) of such section, waived.
added
Funding— The funding required for the fiscal year with respect to which the budget is submitted and for at least the four succeeding fiscal years required to complete the pending or in progress cyber vulnerability evaluation of each such major weapon system.
added
Description— A description of the activities planned in the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years to complete the required evaluation for each such major weapon system.
added
Risk analysis— A description of operational or security risks associated with cyber vulnerabilities identified as a result of such cyber vulnerability evaluations that require mitigation.
added
Mitigation activities—
added
Status— Whether activities to address identified cyber vulnerabilities of such major weapon systems resulting in operational or security risks requiring mitigation are pending, in progress, or complete.
added
Funding— The funding required for the fiscal year with respect to which the budget is submitted and for at least the four succeeding fiscal years required to complete the pending or in progress mitigation activities referred to in subparagraph (A) related to such major weapon systems.
added
Description— A description of the activities planned in the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years to complete any necessary mitigation.
removed
Section 394 of title 10, United States Code (as transferred and redesignated pursuant to section 1631), is amended—
changed
Form— by striking “The Secretary” and inserting the following:The display required under subsection (a) shall be submitted in an unclassified form, but may include a classified annex if necessary.
removed
“(a) In general—The Secretary”
removed
in subsection (a), as designated by paragraph (1)—
removed
by striking “conduct, a military cyber operation in response” and inserting “conduct, military cyber activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to defend the United States and its allies, including in response”; and
removed
by striking “(as such terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801))”; and
removed
by adding at the end the following new subsections:
removed
“(b) Affirmation of authority—Congress affirms that the activities or operations referred to in subsection (a), when appropriately authorized, include the conduct of military activities or operations in cyberspace short of hostilities (as such term is used in the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.)) or in areas in which hostilities are not occurring, including for the purpose of preparation of the environment, information operations, force protection, and deterrence of hostilities, or counterterrorism operations involving the Armed Forces of the United States.
removed
“(c) Clandestine activities or operations—A clandestine military activity or operation in cyberspace shall be considered a traditional military activity for the purposes of section 503(e)(2) of the National Security Act of 1947 (50 U.S.C. 3093(e)(2)).
removed
“(d) Congressional oversight—The Secretary shall brief the congressional defense committees about any military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, occurring during the previous quarter during the quarterly briefing required by section 484 of this title.
removed
“(e) Rule of construction—Nothing in this section may be construed to limit the authority of the Secretary to conduct military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to authorize specific military activities or operations, or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or reporting of sensitive military cyber activities or operations required by section 395 of this title.
removed
“(f) Definitions—In this section:
removed
“(1) The term clandestine military activity or operation in cyberspace means a military activity or military operation carried out in cyberspace, or associated preparatory actions, authorized by the President or the Secretary that—
removed
“(A) is marked by, held in, or conducted with secrecy, where the intent is that the activity or operation will not be apparent or acknowledged publicly; and
removed
“(B) is to be carried out—
removed
“(i) as part of a military operation plan approved by the President or the Secretary in anticipation of hostilities or as directed by the President or the Secretary;
removed
“(ii) to deter, safeguard, or defend against attacks or malicious cyber activities against the United States or Department of Defense information, networks, systems, installations, facilities, or other assets; or
removed
“(iii) in support of information related capabilities.
removed
“(2) The term foreign power has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
removed
“(3) The term United States person has the meaning given such term in such section.”
Sec. 1633 Transfer of responsibility for the Department of Defense Information Network to United States Cyber Command
changed
Additional considerations—In general— Section 2200c Not later than September 30, 2019, the Secretary of title 10, Defense shall transfer all roles, missions, and responsibilities of the Commander, Joint Force Headquarters–Department of Defense Information Networks (JFHQ–DODIN) from the Defense Information Support Agency to the Commander, United States Code, is amended—Cyber Command.
added
Certification required— Prior to the transfer required under subsection (a), the Secretary of Defense shall certify in writing to the congressional defense committees that such transfer shall not result in mission degradation.
removed
by inserting before “In the selection” the following:
removed
“(a) Centers of Academic Excellence in Cyber Education”
removed
by adding at the end the following new subsection:
removed
“(b) Certain Institutions of Higher Education—In the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether—
removed
“(1) in the case of a scholarship, the institution of higher education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and
removed
“(2) in the case of a grant, the recipient is an institution described in such section.”
removed
Clerical amendments—
removed
Section heading— The heading of section 2200c of title 10, United States Code, is amended to read as follows:
removed
“2200c. Special considerations in awarding scholarships and grants”
removed
Table of sections— The table of sections at the beginning of chapter 112 of title 10, United States Code, is amended by striking the item relating to section 2200c and inserting the following new item:
Sec. 1634 Pilot program authority to enhance cybersecurity and resiliency of critical infrastructure
added
Authority— The Secretary of Defense, in coordination with the Secretary of Homeland Security, is authorized to provide, detail, or assign technical personnel to the Department of Homeland Security on a non-reimbursable basis to enhance cybersecurity cooperation, collaboration, and unity of Government efforts.
removed
Subsection (b) of section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2224 note) is amended—
changed
Scope of assistance— in paragraph (1), The authority under subsection (a) shall be limited in any fiscal year to the matter preceding subparagraph (A), provision of not more than 50 technical cybersecurity personnel from the Department of Defense to the Department of Homeland Security, including the national cybersecurity and communications integration center (NCCIC) of the Department, or other locations as agreed upon by inserting “and the Secretary of Defense Digital Service” after “covered research laboratory”;and the Secretary of Homeland Security.
changed
Limitation— in paragraph (4), in The authority under subsection (a) may not negatively impact the matter preceding subparagraph (A), by striking “2019” and inserting “2020”; andprimary missions of the Department of Defense or the Department of Homeland Security.
added
Establishment of procedures—
added
In general— The Secretary of Defense and the Secretary of Homeland Security shall establish procedures to carry out subsection (a), including procedures relating to the protection of and safeguards for maintenance of information held by the NCCIC regarding United States persons.
added
Limitation— Nothing in this subsection may be construed as providing authority to the Secretary of Defense to establish procedures regarding the NCCIC with respect to any matter outside the scope of this section.
added
No effect on other authority to provide support— Nothing in this section may be construed to limit the authority of an Executive department, military department, or independent establishment to provide any appropriate support, including cybersecurity support, or to provide, detail, or assign personnel, under any other law, rule, or regulation.
added
Definitions— In this section, each of the terms Executive department, military department, and independent establishment, has the meaning given each of such terms, respectively, in chapter 1 of title 5, United States Code.
added
Termination of authority— This section shall terminate on September 30, 2022.
removed
in paragraph (5), by striking “2019” and inserting “2020”.
Sec. 1635 Pilot program on regional cyber security training center for the Army National Guard
changed
Modification of limitation on use of Cyber operations procurement fund—Pilot program— Subsection (e) of section 807 The Secretary of the Army may carry out a pilot program under which the Secretary establishes a National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2224 note) is amended by striking “2021” Guard training center to provide collaborative interagency education and inserting “2025”.training for members of the Army National Guard.
changed
Extension on sunset—Duration— Subsection (i)(1) of such section is amended by striking “September 30, 2021” and inserting “September 30, 2025”.If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program for a 2-year period.
added
Center—
added
Training and cooperation— In carrying out the pilot program under subsection (a), the Secretary shall ensure that the training center established under such subsection—
added
educates and trains members of the Army National Guard quickly and efficiently by concurrently training cyber protection teams and cyber network defense teams on a common standard in order to defend—
added
the information network of the Department of Defense in a State environment;
added
while acting under title 10, United States Code, the information networks of State governments; and
added
critical infrastructure;
added
fosters interagency cooperation by—
added
co-locating members of the Army National Guard with personnel of departments and agencies of the Federal Government and State governments; and
added
providing an environment to develop interagency relationship to coordinate responses and recovery efforts during and following a cyber attack;
added
collaborates with academic institutions to develop and implement curriculum for interagency education and training within the classroom; and
added
coordinates with the Persistent Cyber Training Environment of the Army Cyber Command in devising and implementing interagency education and training using physical and information technology infrastructure.
added
Locations— If the Secretary carries out the pilot program under subsection (a), the Secretary shall select one National Guard facility at which to carry out the pilot program. The Secretary shall select a facility that is located in an area that meets the following criteria:
added
The location has a need for cyber training, as measured by both the number of members of the Army National Guard that would apply for such training and the number of units of the Army National Guard that verify the unit would apply for such training.
added
The location has high capacity information and telecommunications infrastructure, including high speed fiber optic networks.
added
The location has personnel, technology, laboratories, and facilities to support proposed activities and has the opportunity for ongoing training, education, and research.
added
Activities— If the Secretary carries out the pilot program under subsection (a), the Secretary shall ensure that the pilot program includes the following activities:
added
Providing joint education and training and accelerating training certifications for working in a cyber range.
added
Integrating education and training between the National Guard, law enforcement, and emergency medical and fire first responders.
added
Providing a program to continuously train the cyber network defense teams to not only defend the information network of the Department of Defense, but to also provide education and training on how to use defense capabilities of the team in a State environment.
added
Developing curriculum and educating the National Guard on the different missions carried out under titles 10 and 32, United States Code, in order to enhance interagency coordination and create a common operating picture.
Sec. 1636 Procedures and reporting requirement on cybersecurity breaches and loss of personally identifiable information
changed
In general— It shall be In the policy event of a significant loss of personally identifiable information of civilian or uniformed members of the United States, with respect to matters pertaining to cyberspace, cybersecurity, and cyber warfare, that Armed Forces, the United States should employ all instruments Secretary of national power, including Defense shall promptly submit to the use congressional defense committees notice in writing of offensive cyber capabilities, to deter if possible, and respond to when necessary, all cyber attacks such loss. Such notice may be submitted in classified or other malicious cyber activities of foreign powers that target United States interests with the intent to—unclassified formats.
removed
cause casualties among United States persons or persons of United States allies;
removed
significantly disrupt the normal functioning of United States democratic society or government (including attacks against critical infrastructure that could damage systems used to provide key services to the public or government);
removed
threaten the command and control of the Armed Forces, the freedom of maneuver of the Armed Forces, or the industrial base or other infrastructure on which the United States Armed Forces rely to defend United States interests and commitments; or
removed
achieve an effect, whether individually or in aggregate, comparable to an armed attack or imperil a vital interest of the United States.
changed
Response options—Procedures— In carrying out Not later than 180 days after the policy set forth in subsection (a), date of the United States enactment of this Act, the Secretary of Defense shall plan, develop, and, when appropriate, demonstrate response options establish and submit to address the full range congressional defense committees procedures for complying with the requirements of potential cyber attacks on United States interests that could subsection (a). Such procedures shall be conducted by potential adversaries consistent with the national security of the United States.States, the protection of operational integrity, and the protection of personally identifiable information of civilian and uniformed members of the Armed Forces.
changed
Denial options—Significant loss of personally identifiable information defined— In carrying out the policy set forth in subsection (a) through response options developed pursuant to subsection (b), the United States shall, to the greatest extent practicable, prioritize this section, the defensibility and resiliency against cyber attacks and malicious cyber activities described in subsection (a) term significant loss of infrastructure critical personally identifiable information means an intentional, accidental, or otherwise known disclosure of information that can be used to distinguish or trace an individual’s identity, such as the political integrity, economic security, name, Social Security number, date and national security place of birth, biometric records, home or other phone numbers, or other demographic, personnel, medical, or financial information, involving 250 or more civilian or uniformed members of the United States.Armed Forces.
removed
Cost-imposition options— In carrying out the policy set forth in subsection (a) through response options developed pursuant to subsection (b), the United States shall develop and, when appropriate, demonstrate, or otherwise make known to adversaries the existence of, cyber capabilities to impose costs on any foreign power targeting the United States or United States persons with a cyber attack or malicious cyber activity described in subsection (a).
removed
Multi-prong response— In carrying out the policy set forth in subsection (a) through response options developed pursuant to subsection (b), the United States shall leverage all instruments of national power.
removed
Update on presidential policy—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the President shall transmit, in unclassified and classified forms, as appropriate, to the appropriate congressional committees a report containing an update to the report provided to the Congress on the policy of the United States on cyberspace, cybersecurity, and cyber warfare pursuant to section 1633 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 130g note).
removed
Contents— The report required under paragraph (1) shall include the following:
removed
An assessment of the current posture in cyberspace, including assessments of—
removed
whether past responses to major cyber attacks have had the desired deterrent effect; and
removed
how adversaries have responded to past United States responses.
removed
Updates on the Administration’s efforts in the development of—
removed
cost imposition strategies;
removed
varying levels of cyber incursion and steps taken to date to prepare for the imposition of the consequences referred to in clause (i); and
removed
the Cyber Deterrence Initiative.
removed
Information relating to the Administration’s plans, including specific planned actions, regulations, and legislative action required, for—
removed
advancing technologies in attribution, inherently secure technology, and artificial intelligence society-wide;
removed
improving cybersecurity in and cooperation with the private sector;
removed
improving international cybersecurity cooperation; and
removed
implementing the policy referred to in paragraph (1), including any realignment of government or government responsibilities required, writ large.
removed
Rule of construction— Nothing in this subsection may be construed to limit the authority of the President or Congress to authorize the use of military force.
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term “appropriate congressional committees” means—
removed
the congressional defense committees;
removed
the Permanent Select Committee on Intelligence of the House of Representatives;
removed
the Select Committee on Intelligence of the Senate;
removed
the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and
removed
the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate.
removed
Foreign power— The term “foreign power” has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
Sec. 1637 Cyber institutes at the senior military colleges
changed
Budget required—Program authorized— Beginning in fiscal year 2021 and in each fiscal year thereafter, the The Secretary of Defense shall submit may carry out a program to Congress, as establish a part cyber institute at each of the documentation that supports the President’s annual budget senior military colleges (referred to in this section as an “SMC Cyber Institute”) for the Department purposes of Defense, a consolidated Cyber Vulnerability Evaluation accelerating and Mitigation budget justification display focusing the development of foundational expertise in critical cyber operational skills for each major weapons system future military and civilian leaders of the Armed Forces and Department of Defense that includes Defense, including such leaders of the following:reserve components.
removed
Cyber vulnerability evaluations—
removed
Status— Whether, in accordance with paragraph (1) of section 1647(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118), the cyber vulnerability evaluation for each such major weapon system is pending, in progress, complete, or, pursuant to paragraph (2) of such section, waived.
removed
Funding— The funding required for the fiscal year with respect to which the budget is submitted and for at least the four succeeding fiscal years required to complete the pending or in progress cyber vulnerability evaluation of each such major weapon system.
removed
Description— A description of the activities planned in the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years to complete the required evaluation for each such major weapon system.
removed
Risk analysis— A description of operational or security risks associated with cyber vulnerabilities identified as a result of such cyber vulnerability evaluations that require mitigation.
removed
Mitigation activities—
removed
Status— Whether activities to address identified cyber vulnerabilities of such major weapon systems resulting in operational or security risks requiring mitigation are pending, in progress, or complete.
removed
Funding— The funding required for the fiscal year with respect to which the budget is submitted and for at least the four succeeding fiscal years required to complete the pending or in progress mitigation activities referred to in subparagraph (A) related to such major weapon systems.
removed
Description— A description of the activities planned in the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years to complete any necessary mitigation.
changed
Form—Elements— The display required Each SMC Cyber Institute established under subsection (a) should, to the extent practicable, be submitted in an unclassified form, and shall include a classified annex as required.the following:
added
Programs to provide future military and civilian leaders of the Armed Forces or the Department of Defense who possess cyber operational expertise from beginning through advanced skill levels with instruction and practical experiences that lead to recognized certifications and degrees in cyber-related fields.
added
Programs of targeted strategic foreign language proficiency training for such future leaders that—
added
are designed to significantly enhance critical cyber operational capabilities; and
added
are tailored to current and anticipated readiness requirements.
added
Programs related to mathematical foundations of cryptography and courses in cryptographic theory and practice designed to complement and reinforce cyber education along with the strategic foreign language programs critical to cyber operations.
added
Programs related to data science and courses in data science theory and practice designed to complement and reinforce cyber education along with the strategic foreign language programs critical to cyber operations.
added
Programs designed to develop early interest and cyber talent through summer programs for elementary and secondary school students and dual enrollment opportunities for cyber, strategic foreign language, data science, and cryptography related courses.
added
Training and education programs to expand the pool of qualified instructors necessary to support cyber education in regional school systems.
added
Partnerships with department of defense and the armed forces— A SMC Cyber Institute established under subsection (a) may enter into a partnership with one or more components of the Armed Forces (active or reserve) or any agency of the Department of Defense to facilitate the development of critical cyber skills for students who may pursue a career with the Department of Defense.
added
Partnerships with other schools— A SMC Cyber Institute established under subsection (a) may enter into a partnership with one or more local educational agencies to carry out the requirements of this section.
added
Senior military colleges defined— In this section, the term “senior military colleges” means the senior military colleges described in section 2111a(f) of title 10, United States Code.
Sec. 1638 Study and report on reserve component cyber civil support teams
changed
In general—Study required— Not later than March 1, 2019, the Secretary of Defense The Secretaries concerned shall submit to the congressional defense committees a report containing conduct a determination regarding study on the roles, missions, feasibility, advisability, and responsibilities necessity of the Commander, Joint Force Headquarters–Department of Defense Information Networks (JFHQ–DODIN) establishment of the Defense Information Support Agency.reserve component cyber civil support teams for each State.
changed
Elements— The report required study under subsection (a) shall include the following:
changed
An assessment examination of the current JFHQ-DODIN command and control structure, adequacy potential ability of the Defense Information Support Agency’s institutional support for the JFHQ-DODIN mission, resource requirements, and mission effectiveness.teams referred to in such subsection to respond to an attack, natural disaster, or other large-scale incident affecting computer networks, electronics, or cyber capabilities.
added
An analysis of State and local civilian and private sector cyber response capabilities and services, including an identification of any gaps in such capabilities and services.
added
An identification of the potential role of such teams with respect to the principles and processes set forth in—
added
Presidential Policy Directive 20 (United States Cyber Operations Policy);
added
Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience); and
added
Presidential Policy Directive 41 (United States Cyber Incident Coordination).
added
An explanation of how such teams may interact with other organizations and elements of the Federal Government that have responsibilities under the Presidential Policy Directives referred to in paragraph (3).
added
The amount of funding and other resources that may be required by the Department of Defense to organize, train, and equip such teams.
added
An explanation of how the establishment of such teams may affect the ability of the Department of Defense—
added
to organize, train, equip, and employ the Cyber Mission Force, and other organic cyber forces; and
added
to perform national defense missions and defense support to civil authorities for cyber incident response.
added
An explanation of how the establishment of such teams may affect the ability of the Department of Homeland Security—
added
to organize, train, equip, and employ cyber incident response teams; and
added
to perform civilian cyber response missions.
added
Any effects on the privacy and civil liberties of United States persons that may result from the establishment of such teams.
added
Any other considerations determined to be relevant by the Secretaries concerned.
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretaries concerned shall submit to the appropriate congressional committees a report that includes—
added
the results of the study conducted under subsection (a), including an explanation of each element described in subsection (b);
added
the final determination of the Secretaries with respect to the feasibility, advisability, and necessity of establishing reserve component cyber civil support teams for each State; and
added
if such final determination is in the affirmative, proposed legislation for the establishment of the teams, which may include proposed legislation to amend section 12310 of title 10, United States Code.
added
Definitions— In this section:
added
The term appropriate congressional committees means—
added
the congressional defense committees;
added
the Committee on Homeland Security of the House of Representatives; and
added
the Committee on Homeland Security and Governmental Affairs of the Senate.
added
The term reserve component cyber civil support team means a team that—
added
is comprised of members of the reserve components;
added
is organized, trained, equipped, and sustained by the Department of Defense for the purpose of assisting State authorities in preparing for and responding to cyber incidents, cyber emergencies, and cyber attacks; and
added
operates principally under the command and control of the Chief Executive of the State in which the team is located.
added
The term Secretaries concerned means the Secretary of Defense and the Secretary of Homeland Security acting jointly.
added
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.
removed
removed
A determination and justification regarding—
removed
a transfer to the Commander, United States Cyber Command, from the JFHQ-DODIN of some or all roles, missions, and responsibilities of the JFHQ-DODIN; or
removed
retention in the JFHQ-DODIN of such roles, missions, and responsibilities.
removed
If a determination under subparagraph (A)(i) is made in the affirmative regarding a transfer to the Commander, United States Cyber Command, from the JFHQ-DODIN of some or all roles, missions, and responsibilities of the JFHQ-DODIN, such report shall include the following:
removed
An identification of roles, missions, and responsibilities to be transferred.
removed
A timeline for any such transfers.
removed
A strategy for mitigating risk and ensuring no mission degradation.
Sec. 1639 Inclusion of computer programming and cybersecurity in curriculum of Junior Reserve Officers' Training Corps
added Section 2031(c) of title 10, United States Code, is amended—
removed
In general— In the event of a significant loss of personally identifiable information of civilian or uniformed members of the Armed Forces, or a significant loss of controlled unclassified information by a cleared defense contractor, the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of such loss. Such notice may be submitted in classified or unclassified formats.
changed
Procedures— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirement of subsection (a). Such procedures shall be consistent with the national security of the United States, the protection of operational integrity, the protection of personally identifiable information of civilian and uniformed members of the Armed Forces, and in paragraph (2), by striking “and” at the protection of controlled unclassified information.end;
changed
Definitions— In this section:in paragraph (3), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(4) subject to the authority, direction, and control of the Secretary of Defense, determine the curriculum of the program, which shall include, at minimum, instruction in the subjects of cybersecurity and computer programming.”
removed
Significant loss of controlled unclassified information— The term “significant loss of controlled unclassified information” means an intentional, accidental, or otherwise known theft, loss, or disclosure of Department of Defense programmatic or technical controlled unclassified information the loss of which would have significant impact or consequence to a program or mission of the Department of Defense, or the loss of which is of substantial volume.
removed
Significant loss of personally identifiable information— The term significant loss of personally identifiable information means an intentional, accidental, or otherwise known disclosure of information that can be used to distinguish or trace an individual’s identity, such as the name, Social Security number, date and place of birth, biometric records, home or other phone numbers, or other demographic, personnel, medical, or financial information, involving 250 or more civilian or uniformed members of the Armed Forces.
Sec. 1640 Department of Defense Cyber Scholarship Program scholarships and grants
changed
Program authorized—Additional considerations— The Secretary of Defense may carry out a program to establish a Cyber Institute at institutions of higher learning selected under subsection (b) for purposes of accelerating and focusing the development of foundational expertise in critical cyber operational skills for future military and civilian leaders of the Armed Forces and the Department of Defense, including such leaders Section 2200c of the reserve components.title 10, United States Code, is amended—
added
by inserting before “In the selection” the following:
added “(a) Centers of Academic Excellence in Cyber Education”
added
by adding at the end the following new subsection:
added “(b) Certain Institutions of Higher Education—In the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether—
added “(1) in the case of a scholarship, the institution of higher education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and
added “(2) in the case of a grant, the recipient is an institution described in such section.”
changed
Selected institutions of higher learning—Clerical amendments—
changed
In general—Section heading— The Secretary of Defense shall select institutions of higher learning for purposes heading of the program established under subsection (a) from among institutions section 2200c of higher learning that have a Reserve Officers' Training Corps program.title 10, United States Code, is amended to read as follows:
added “2200c. Special considerations in awarding scholarships and grants”
changed
Consideration Table of senior military colleges—sections— In selecting institutions The table of higher learning under paragraph (1), sections at the Secretary shall consider beginning of chapter 112 of title 10, United States Code, is amended by striking the senior military colleges with Reserve Officers’ Training Corps programs.item relating to section 2200c and inserting the following new item:
removed
Elements— Each institute established under the program authorized by subsection (a) shall include the following:
removed
Programs to provide future military and civilian leaders of the Armed Forces or the Department of Defense who possess cyber operational expertise from beginning through advanced skill levels. Such programs shall include instruction and practical experiences that lead to recognized certifications and degrees in the cyber field.
removed
Programs of targeted strategic foreign language proficiency training for such future leaders that—
removed
are designed to significantly enhance critical cyber operational capabilities; and
removed
are tailored to current and anticipated readiness requirements.
removed
Programs related to mathematical foundations of cryptography and courses in cryptographic theory and practice designed to complement and reinforce cyber education along with the strategic language programs critical to cyber operations.
removed
Programs related to data science and courses in data science theory and practice designed to complement and reinforce cyber education along with the strategic language programs critical to cyber operations.
removed
Programs designed to develop early interest and cyber talent through summer programs, dual enrollment opportunities for cyber, strategic language, data science, and cryptography related courses.
removed
Training and education programs to expand the pool of qualified cyber instructors necessary to support cyber education in regional school systems.
removed
Partnerships with Department of Defense and the Armed Forces— Any institute established under the program authorized by subsection (a) may enter into a partnership with one or more components of the Armed Forces, active or reserve, or any agency of the Department of Defense to facilitate the development of critical cyber skills for students who may pursue a military career.
removed
Partnerships— Any institute established under the program authorized by subsection (a) may enter into a partnership with one or more local educational agencies to facilitate the development of critical cyber skills.
removed
Senior military colleges defined— The term senior military colleges has the meaning given such term in section 2111a(f) of title 10, United States Code.
Sec. 1640A Report on transition of sharkseer program
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that assesses the transition of base operations of the SharkSeer program to the Defense Information Systems Agency, including with respect to staffing, acquisition, contracts, sensor management, and the ability to conduct cyber threat analyses and advanced malware. The report shall include a spending roadmap and areas that need increased funding.
Sec. 1640B Report on Cybersecurity Apprentice Program
addedadded Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of establishing a Cybersecurity Apprentice Program to support on-the-job training for certain cybersecurity positions and facilitate the acquisition of cybersecurity certifications.
Sec. 1641 Under Secretary of Defense for Research and Engineering and the Nuclear Weapons Council
added Section 179(a) of title 10, United States Code, is amended—
removed
Transfer of program— Not later than March 1, 2019, the Secretary of Defense shall transfer the operations and maintenance for the Sharkseer cybersecurity program from the National Security Agency to the Defense Information Systems Agency, including all associated funding and, as the Secretary considers necessary, personnel.
changed
Limitation on funding for the Information Systems Security Program— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 or any subsequent fiscal year for research, development, test, and evaluation for the Information Systems Security Program for the National Security Agency, not more than 90 percent may be obligated or expended unless the Chief of Information Officer, in consultation with the Principal Cyber Advisor, certifies to the congressional defense committees that the operations paragraph (1), by striking “, Technology, and maintenance funding for the Sharkseer program for fiscal year 2019 Logistics” and the subsequent fiscal years of the current Future Years Defense Program are available or programmed.inserting “and Sustainment”;
changed
Report— Not later than 90 days after the date of the enactment of this Act, the Chief Information Officer shall provide to the congressional defense committees a report that assesses the transition of base operations of the SharkSeer program to the Defense Information Systems Agency, including with respect to staffing, acquisition, contracts, sensor management, by redesignating paragraphs (4) and the ability to conduct cyber threat analyses (5) as paragraphs (5) and detect advanced malware. Such report shall also include a plan for continued capability development.(6), respectively; and
added
by inserting after paragraph (3) the following new paragraph (4):
added “(4) The Under Secretary of Defense for Research and Engineering.”
removed
Sharkseer break and inspect capability—
removed
In general— The Secretary of Defense shall ensure that the decryption capability described in section 1636 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291) is provided by the break and inspect subsystem of the Sharkseer cybersecurity program, unless the Chief of Information Officer, in consultation with the Principal Cyber Advisor, notifies the congressional defense committees on or before the date that is 90 days after the date of the enactment of this Act that a superior enterprise solution will be operational before October 1, 2019.
removed
Integration of capability— The Secretary shall take such actions as are necessary to integrate the break and inspect subsystem of the Sharkseer cybersecurity program with the Department of Defense public key infrastructure.
removed
Visibility to endpoints— The Secretary shall take such actions as are necessary to enable, by October 1, 2020, the Sharkseer cybersecurity program and computer network defense service providers to instantly and automatically determine the specific identity and location of computer hosts and other endpoints that received or sent malware detected by the Sharkseer cybersecurity program or other network perimeter defenses.
removed
Sandbox as a service— The Secretary shall use the Sharkseer cybersecurity program sandbox-as-a-service capability as an enterprise solution and terminate all other such projects, unless the Chief of Information Officer, in consultation with the Principal Cyber Advisor, notifies the congressional defense committees on or before the date that is 90 days after the date of the enactment of this Act that a superior enterprise solution will be operational before October 1, 2019.
Sec. 1642 Long-range standoff weapon requirements
added Subparagraphs (A) and (B) of section 217(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706) are amended to read as follows:
added “(A) achieves initial operating capability for nuclear missions prior to the retirement of the nuclear-armed AGM–86;
added “(B) achieves initial operating capability for conventional missions by not later than four years after the date of the achievement under subparagraph (A); and”
removed
Authority to disrupt, defeat, and deter cyber attacks—
removed
In general— In the event that the National Command Authority determines that the Russian Federation, People’s Republic of China, Democratic People’s Republic of Korea, or Islamic Republic of Iran is conducting an active, systematic, and ongoing campaign of attacks against the Government or people of the United States in cyberspace, including attempting to influence American elections and democratic political processes, the National Command Authority may authorize the Secretary of Defense, acting through the Commander of the United States Cyber Command, to take appropriate and proportional action in foreign cyberspace to disrupt, defeat, and deter such attacks under the authority and policy of the Secretary of Defense to conduct cyber operations and information operations as traditional military activities.
removed
Notification and reporting—
removed
Notification of operations— In exercising the authority provided in paragraph (1), the Secretary shall provide notices to the congressional defense committees in accordance with section 395 of title 10, United States Code (as transferred and redesignated pursuant to section 1631).
removed
Quarterly reports by Commander of the United States Cyber Command—
removed
In general— In any fiscal year in which the Commander of the United States Cyber Command carries out an action under paragraph (1), the Secretary of Defense shall, not less frequently than quarterly, submit to the congressional defense committees a report on the actions of the Commander under such paragraph in such fiscal year.
removed
Manner of reporting— Reports submitted under clause (i) shall be submitted in a manner that is consistent with the recurring quarterly report required by section 484 of title 10, United States Code.
removed
Private sector cooperation— The Secretary may make arrangements with private sector entities, on a voluntary basis, to share threat information related to malicious cyber actors, and any associated false online personas or compromised infrastructure, associated with a determination under subsection (a)(1), consistent with the protection of sources and methods and classification guidelines, as necessary.
removed
Annual report— Not less frequently than once each year, the Secretary shall submit to the congressional defense committees, the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on—
removed
the scope and intensity of the information operations and attacks through cyberspace by the countries specified in subsection (a)(1) against the government or people of the United States observed by the cyber mission forces of the United States Cyber Command and the National Security Agency; and
removed
adjustments of the Department of Defense in the response directed or recommended by the Secretary with respect to such operations and attacks.
removed
Rule of construction— Nothing in this section may be construed to—
removed
limit the authority of the Secretary to conduct military activities or operations in cyberspace, including clandestine activities or operations in cyberspace; or
removed
affect the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.) or the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).
Sec. 1643 Acceleration of ground-based strategic deterrent program and long-range standoff weapon program
changed
Designation Plan for acceleration of integrating official—programs— Not later than 180 days after the date of the enactment Consistent with validated military requirements and in accordance with applicable provisions of this Act, Federal law regarding acquisition, the Under Secretary of Defense shall designate one official to be responsible for matters relating to integrating cybersecurity Acquisition and industrial control systems for Sustainment, in consultation with the Department Secretary of Defense.the Air Force, shall develop and implement—
added
a plan to accelerate the development, procurement, and fielding of the ground-based strategic deterrent program; and
added
a plan to accelerate the development, procurement, and fielding of the long-range standoff weapon.
changed
Responsibilities—Criteria— The official designated pursuant to plans developed under subsection (a) shall be responsible for matters described in such subsection at all levels of command, from the Department’s leadership to the facilities owned by or operated on behalf of the Department of Defense using industrial control systems, including developing Department-wide certification standards for integration of industrial control systems and taking into consideration frameworks set forth by the National Institute of Standards and Technology for meet the cybersecurity of such systems.following criteria:
added
With respect to the plan developed under paragraph (1) of such subsection, the plan shall ensure that the ground-based strategic deterrent program includes the recapitalization of the full intercontinental ballistic missile weapon system for 400 deployed missiles and associated spares and 450 launch facilities, without phasing or splitting the program, including with respect to the missile flight system, ground-based infrastructure and equipment, appropriate command and control elements.
added
The plans shall include a comprehensive assessment of the benefits, risks, feasibility, costs, and cost savings of various options for accelerating the respective program covered by the plan, including by considering—
added
accelerating—
added
the technology maturation and risk reduction phase, including through the identification of low and high technology readiness levels, requirements, and timelines for maturing such technology;
added
the award of an engineering and manufacturing development contract; and
added
making the milestone B decision;
added
transitioning full acquisition authority, responsibility, and accountability of the respective program to the Secretary of the Air Force, including milestone decision authority;
added
providing a general officer-level program executive officer a dedicated, single-program, long-term assignment with a tailored acquisition approach, program strategy, and oversight model for the respective program that empowers the general officer to accelerate the program, make decisions, and be held accountable;
added
streamlining, as appropriate, test and evaluation activities for the respective program, particularly for proven technologies, while ensuring high confidence in the final deployed system;
added
leveraging agile software development or other innovative approaches to reduce timeframes for software development;
added
identifying and proposing statutory changes that the Under Secretary or the Secretary of the Air Force determine could accelerate the respective program;
added
identifying accelerated goals for initial operational capability and full operational capability for the respective program; and
added
such other options as the Under Secretary or the Secretary of the Air Force consider appropriate.
added
Submission— Not later than 120 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of the Air Force, shall submit to the congressional defense committees the plans developed under subsection (a), including an assessment of the options considered and the options selected to be implemented under the plans.
added
Briefing— Not later than 160 days after the date of the enactment of this Act, the Commander of the United States Strategic Command shall provide to the congressional defense committees a briefing on the views of the Commander with respect to the plans developed under subsection (a).
added
Definitions— In this section:
added
The term milestone B decision has the meaning given that term in section 2400(a) of title 10, United States Code.
added
The term milestone decision authority has the meaning given that term in section 2366a(d) of title 10, United States Code.
Sec. 1644 Procurement authority for certain parts of intercontinental ballistic missile fuzes
added
Availability of funds— Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2019 by section 101 and available for Missile Procurement, Air Force, as specified in the funding table in division G, $9,841,000 shall be available for the procurement of covered parts pursuant to contracts entered into under section 1645(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3651).
removed
Dissemination of cybersecurity resources—
removed
In general— The Secretary of Defense, in consultation with the Director of the National Institute of Standards and Technology, shall take such actions as may be necessary to enhance awareness of cybersecurity threats among small manufacturers and universities working on Department of Defense programs and activities.
removed
Priority— The Secretary of Defense shall prioritize efforts to increase awareness to help reduce cybersecurity risks faced by small manufacturers and universities referred to in paragraph (1).
removed
Sector focus— The Secretary of Defense shall carry out this subsection with a focus on such small manufacturers and universities as the Secretary considers critical.
removed
Outreach events— Under paragraph (1), the Secretary of Defense shall conduct outreach to support activities consistent with this section. Such outreach may include live events with a physical presence and outreach conducted through Internet websites. Such outreach may include training, including via courses and classes, to help small manufacturers and universities improve their cybersecurity.
removed
Roadmaps and assessments— The Secretary of Defense shall ensure that cybersecurity for defense industrial base manufacturing is included in appropriate research and development roadmaps and threat assessments.
changed
Voluntary cybersecurity self-assessments—Covered parts defined— The Secretary of Defense shall develop mechanisms to provide assistance to help small manufacturers and universities conduct voluntary self-assessments in order to understand operating environments, cybersecurity requirements, and existing vulnerabilities, including through In this section, the Mentor Protégé Program, small business programs, and engagements with defense laboratories and test ranges.term covered parts means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.
removed
Transfer of research findings and expertise—
removed
In general— The Secretary of Defense shall promote the transfer of appropriate technology, threat information, and cybersecurity techniques developed in the Department of Defense to small manufacturers and universities throughout the United States to implement security measures that are adequate to protect covered defense information, including controlled unclassified information.
removed
Coordination with other Federal expertise and capabilities— The Secretary of Defense shall coordinate efforts, when appropriate, with the expertise and capabilities that exist in Federal agencies and federally sponsored laboratories.
removed
Agreements— In carrying out this subsection, the Secretary of Defense may enter into agreements with private industry, institutes of higher education, or a State, United States territory, local, or tribal government to ensure breadth and depth of coverage to the United States defense industrial base and to leverage resources.
removed
Defense acquisition workforce cyber training program— The Secretary of Defense shall establish a cyber counseling certification program, or approve a similar existing program, to certify small business professionals and other relevant acquisition staff within the Department of Defense to provide cyber planning assistance to small manufacturers and universities.
removed
Establishment of cybersecurity for defense industrial base manufacturing activity—
removed
Authority— The Secretary of Defense may establish an activity to assess and strengthen the cybersecurity resiliency of the defense industrial base, if the Secretary determines such is appropriate.
removed
Designation— The activity described in paragraph (1), if established, shall be known as the “Cybersecurity for Defense Industrial Base Manufacturing Activity”.
removed
Specification— The Cybersecurity for Defense Industrial Base Manufacturing Activity, if established, shall implement the requirements specified in subsections (a) through (c).
removed
Authorities— In carrying out this section, the Secretary may use the following authorities:
removed
The Manufacturing Technology Program established under section 2521 of title 10, United States Code.
removed
The Centers for Science, Technology, and Engineering Partnership program under section 2368 of title 10, United States Code.
removed
The Manufacturing Engineering Education Program established under section 2196 of title 10, United States Code.
removed
The Small Business Innovation Research program.
removed
The mentor-protégé program.
removed
Other legal authorities as the Secretary determines necessary to effectively and efficiently carry out this section.
removed
Definitions— In this section:
removed
Resources— The term resources means guidelines, tools, best practices, standards, methodologies, and other ways of providing information.
removed
Small business concern— The term small business concern means a small business concern as that term is used in section 3 of the Small Business Act (15 U.S.C. 632).
removed
Small manufacturer— The term small manufacturer means a small business concern that is a manufacturer in the defense industrial supply chain.
removed
State— The term State means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Sec. 1645 Prohibition on reduction of the intercontinental ballistic missiles of the United States
changed
Implementation of plan required—Prohibition— Except as provided by subsection (b), the Secretary none of Defense shall develop and implement the plan outlined in Binding Operational Directive 18–01, issued by the Secretary of Homeland Security on October 16, 2017, relating to email security and authentication and Internet website security, according funds authorized to the schedule established be appropriated by the Binding Operational Directive this Act or otherwise made available for the rest of the Executive Branch beginning with fiscal year 2019 for the date of enactment Department of this Act.Defense shall be obligated or expended for—
added
reducing, or preparing to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States; or
added
reducing, or preparing to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
changed
Waiver—Exception— The Secretary may waive the requirements of prohibition in subsection (a) if the Secretary submits shall not apply to the congressional defense committees, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate a certification that existing or planned security measures for the Department any of Defense either meet or exceed the information security requirements of Binding Operational Directive 18–01.following activities:
added
The maintenance or sustainment of intercontinental ballistic missiles.
added
Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
removed
Future binding operational directives— The Chief Information Officer of the Department of Defense shall notify the congressional defense committees, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate within 180 days of the issuance by the Secretary of Homeland Security after the date of the enactment of this Act of any Binding Operational Directive for cybersecurity whether the Department of Defense will comply with the Directive or how the Department of Defense plans to meet or exceed the security objectives of the Directive.
Sec. 1646 Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile
changed
The Principal Cyber Adviser, the Chief Information Officer, and the Commander Section 1664 of the United States Cyber Command shall select a network or network segment and associated computer network defense service provider to conduct a demonstration and evaluation of one or more existing security product integration frameworks, including modifying network security systems to enable such systems to ingest, publish, subscribe, tip and cue, National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2615), as amended by section 1663 by the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “2019” and request information or services from each other.inserting “2020”.
Sec. 1647 Independent study on nuclear weapons launch-under-attack option
changed
Limitation—Findings— After October 1, 2019, no funds may be obligated or expended to prepare the cybersecurity scorecard for the Secretary of Defense unless the Department of Defense is implementing a funded capability to meet Congress finds the requirements—following:
changed
established by the Chief Information Officer Maintaining a safe, effective, and the Commander of United States Cyber Command pursuant to section 1653 of the National Defense Authorization reliable nuclear arsenal and command and control system are high priorities for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note); andensuring national security.
changed
as set forth in The current launch-under-attack option, particularly for the Department intercontinental ballistic missile forces, could require a quick decision, on the order of Defense’s policies minutes, on modernized, Department-wide automated information security continuous monitoring.whether to use these weapons to respond to an incoming attack.
changed
Report—Independent study— Not later than January 10, 2019, 30 days after the Director date of Cost Assessment and Program Evaluation the enactment of this Act, the Secretary of Defense shall submit seek to the congressional defense committees enter into a report—contract with a federally funded research and development center to conduct a study on the potential benefits and risks of reducing the role of the launch-under-attack option with respect to planning by the United States relating to nuclear weapons.
removed
comparing the current capabilities of the Department of Defense to—
removed
the requirements described in subsection (a);
removed
the capabilities deployed by the Department of Homeland Security and the General Services Administration under the Continuous Diagnostics and Mitigation program across the non-Department of Defense departments and agencies of the Federal Government; and
removed
that contains a review and determination of whether the current requirements and policies described in subsection (a) are adequate to address the current threat environment.
changed
Risk thresholds—Selection— The Chief Information Officer of Secretary may not enter into the Department of Defense, in coordination contract under subsection (b) with the Principal Cyber Advisor, the Director of Operations of the Joint Staff, a federally funded research and the Commander of United States Cyber Command, shall establish risk thresholds development center for systems and network operations that, when exceeded, would trigger heightened security measures, such as enhanced monitoring and access policy changes.which the Air Force is the primary sponsor.
added
Reports—
added
Submission to DOD— Not later than 270 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under subsection (b). Such report shall include the findings and recommendations of the center.
added
Submission to Congress— Not later than 30 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the congressional defense committees such report, without change.
added
Form— The reports under paragraphs (1) and (2) shall be submitted in unclassified form, but may include a classified annex.
removed
Enterprise governance, risk, and compliance plan— Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer and the Principal Cyber Advisor shall develop a plan to implement an enterprise governance, risk, and compliance platform and process to maintain current status of all information and operational technology assets, vulnerabilities, threats, and mitigations.
Sec. 1648 Extension of annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system
added Section 1043(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576) is amended by striking “2019” and inserting “2022”.
removed
In general— The Commander of the United States Cyber Command, the Commander of United States Northern Command, and such other commands or components of the Department of Defense as the Secretary of Defense considers appropriate, shall, consistent with the recommendations made by the Comptroller General of the United States in the Government Accountability Office report GAO–16–574, conduct a tier 1 exercise of support to civil authorities for a cyber incident.
removed
Elements— The exercise required by subsection (a) shall include the following:
removed
Department level leadership and decision-making for providing cyber support to civil authorities.
removed
Testing of the policy, guidance, doctrine and other elements in the Department of Defense Cyber Incident Coordinating Procedure.
removed
Operational planning and execution by the Joint Staff and supported and supporting combatant commands.
removed
Coordination with, and incorporation of, as appropriate, the Department of Homeland Security, the Federal Bureau of Investigation, and elements across Federal and State governments and the private sector.
Sec. 1649 Sense of Congress on nuclear posture of the United States
added It is the sense of Congress that—
removed
Pilot program required—
removed
In general— The Assistant Secretary of Defense for Homeland Defense and Global Security shall carry out a pilot program to model cyber attacks on critical infrastructure in order to identify and develop means of improving Department of Defense responses to requests for defense support to civil authorities for such attacks.
removed
Research exercises— The pilot program shall source data from and include consideration of the “Jack Voltaic” research exercises conducted by the Army Cyber Institute, industry partners of the Institute, and the cities of New York, New York, and Houston, Texas.
changed
Purpose— The purpose for more than 70 years, the nuclear deterrent of the pilot program shall be to accomplish United States has played a central role in the following:national security of the United States and international stability;
added
the nuclear forces of the United States have and will continue to play a fundamental role in deterring aggression against the interests of the United States and the allies of the United States in an increasingly dangerous world;
added
strong, credible, and flexible nuclear forces of the United States assure the allies of the United States that the extended deterrence guarantees of the United States are credible and that the resolve of the United States remains strong even in the face of nuclear provocations, including nuclear coercion and blackmail;
added
the 2017 National Security Strategy and the 2018 National Defense Strategy correctly assess that, due to increased global disorder and complexity, the decline of the international rules-based order and security environment, and the erosion of the competitive advantages of the United States, interstate strategic competition must now be the primary focus of the national security strategy of the United States;
added
the 2018 Nuclear Posture Review aligns with these conclusions, and recognizes that deterrence is dynamic, not static, and that while the nuclear posture and policies of the United States are underpinned by enduring consistency, such posture and policies must also undergo measured adjustments to remain credible as threats evolve;
added
the Russian Federation has elevated the role of nuclear weapons in its strategies, is developing and deploying new nuclear capabilities (including a recently announced nuclear-powered cruise missile and high-speed, nuclear-powered underwater drone), is violating many arms control agreements (including the INF Treaty), and has made explicit nuclear threats against the United States and the allies of the United States;
added
the United States remains committed to its full range of nuclear arms control and nonproliferation obligations and seeks continued engagement for prudent and verifiable agreements, however, the policies and actions of the United States must also hold states that violate arms control treaties accountable for such violations and take such violations into account when considering further arms control agreements;
added
the North Atlantic Treaty Organization (NATO) plays an essential role in the national security of the United States and NATO should continue to strengthen and align its nuclear and conventional deterrence posture, planning, and exercises to align with modern threats, including modernizing its dual-capable aircraft, command and control networks, nuclear-related facilities, and conventional capabilities;
added
to deter large-scale, catastrophic war with Russia, the People’s Republic of China, and other potential adversaries, as well as reassure allies, the United States requires reliable, diverse, and tailorable nuclear forces that are able to respond to a variety of current threats while preparing for future uncertainty;
added
the 2018 Nuclear Posture Review reconfirms the value of the nuclear triad and dual-capable aircraft of the United States, directs the continuation of the comprehensive nuclear modernization program initiated by the previous administration, and proposes two supplemental capabilities (a lower-yield submarine-launched ballistic missile warhead and a sea-launched cruise missile) that will strengthen deterrence and assurance and reduce the chances that nuclear weapons are used in conflict;
added
three successive Secretaries of Defense across two administrations have stated that nuclear deterrence is the highest priority mission of the Department of Defense; and
added
in light of this prioritization, the age of the current nuclear forces and infrastructure of the United States, and the small percentage of the defense budget that will be expended on the recapitalization of the nuclear deterrent of the United States, the modernization of the nuclear forces, command and control systems, and supporting infrastructure of the United States is affordable and a national imperative.
removed
The development and demonstration of risk analysis methodologies, and the application of commercial simulation and modeling capabilities, based on artificial intelligence and hyperscale cloud computing technologies, as applicable—
removed
to assess defense critical infrastructure vulnerabilities and interdependencies to improve military resiliency;
removed
to determine the likely effectiveness of attacks described in subsection (a)(1), and countermeasures, tactics, and tools supporting responsive military homeland defense operations;
removed
to train personnel in incident response;
removed
to conduct exercises and test scenarios;
removed
to foster collaboration and learning between and among departments and agencies of the Federal Government, State and local governments, and private entities responsible for critical infrastructure; and
removed
improve intra-agency and inter-agency coordination for consideration and approval of requests for defense support to civil authorities.
removed
The development and demonstration of the foundations for establishing and maintaining a program of record for a shared high-fidelity, interactive, affordable, cloud-based modeling and simulation of critical infrastructure systems and incident response capabilities that can simulate complex cyber and physical attacks and disruptions on individual and multiple sectors on national, regional, State, and local scales.
removed
Report—
removed
In general— At the same time the budget of the President for fiscal year 2021 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Assistant Secretary shall, in consultation with the Secretary of Homeland Security, submit to the congressional defense committees a report on the pilot program.
removed
Contents— The report required by paragraph (1) shall include the following:
removed
A description of the results of the pilot program as of the date of the report.
removed
A description of the risk analysis methodologies and modeling and simulation capabilities developed and demonstrated pursuant to the pilot program, and an assessment of the potential for future growth of commercial technology in support of the homeland defense mission of the Department of Defense.
removed
Such recommendations as the Secretary considers appropriate regarding the establishment of a program of record for the Department on further development and sustainment of risk analysis methodologies and advanced, large-scale modeling and simulation on critical infrastructure and cyber warfare.
removed
Lessons learned from the use of novel risk analysis methodologies and large-scale modeling and simulation carried out under the pilot program regarding vulnerabilities, required capabilities, and reconfigured force structure, coordination practices, and policy.
removed
Planned steps for implementing the lessons described in subparagraph (D).
removed
Any other matters the Secretary determines appropriate.
Sec. 1650 Sense of Congress on extended nuclear deterrence in the Indo-Pacific region
added It is the sense of Congress that—
removed
Authority— The Secretary of Defense, in coordination with the Secretary of Homeland Security, is authorized to provide, detail, or assign technical personnel to the Department of Homeland Security on a non-reimbursable basis to enhance cybersecurity cooperation, collaboration, and unity of Government efforts.
changed
Scope of assistance— The authority under subsection (a) shall be limited in any fiscal year to the provision nuclear program of not more than 50 technical cybersecurity personnel from the Department Democratic People’s Republic of Defense Korea poses a critical national security threat not only to the Department of Homeland Security, including United States, but to the national cybersecurity security and communications integration center (NCCIC) stability of the Department, or other locations as agreed upon by the Secretary of Defense entire Indo-Pacific region, including South Korea, Japan, and the Secretary of Homeland Security.Australia;
changed
Limitation— The authority under subsection (a) may not negatively impact the primary missions nuclear and conventional forces of the Department of Defense or United States continue to play a fundamental role in deterring aggression against its interests and the Department interests of Homeland Security.its allies in the Indo-Pacific region and beyond;
added
the United States stands unwaveringly behind its treaty obligations and assurances, including those related to defense and extended nuclear deterrence, to South Korea, Japan, and Australia;
removed
Establishment of procedures—
removed
In general— The Secretary of Defense and the Secretary of Homeland Security shall establish procedures to carry out subsection (a), including procedures relating to the protection of and safeguards for maintenance of information held by the NCCIC regarding United States persons.
removed
Limitation— Nothing in this subsection may be construed as providing authority to the Secretary of Defense to establish procedures regarding the NCCIC with respect to any matter outside the scope of this section.
changed
No effect on other authority to provide support— Nothing in this section may be construed to limit the authority complete, verifiable, and irreversible denuclearization of an Executive department, military department, or independent establishment to provide any appropriate support, including cybersecurity support, or to provide, detail, or assign personnel, under any other law, rule, or regulation.the Democratic People’s Republic of Korea remains a central foreign policy objective of the United States;
changed
Definitions— In this section, each of the terms Executive department, military department, and independent establishment, has status of any denuclearization or end-of-conflict agreement with the meaning given each Democratic People’s Republic of Korea should not supersede such terms, respectively, treaty obligations and assurances described in chapter 1 of title 5, United States Code.paragraph (3); and
changed
Termination of authority— This section shall terminate the presence of United States Forces on September 30, 2022.the Korean Peninsula should remain strong and enduring.
Sec. 1651 Pilot program on regional cybersecurity training center for the Army National Guard
removed
removed
Pilot program— The Secretary of the Army may carry out a pilot program under which the Secretary establishes a National Guard training center to provide collaborative interagency education and training for members of the Army National Guard.
removed
Center—
removed
Training and cooperation— If the Secretary carries out the pilot program under subsection (a), the Secretary should ensure that the training center established under such subsection—
removed
educates and trains members of the Army National Guard quickly and efficiently by concurrently training cyber protection teams and cyber network defense teams on a common standard in order to defend—
removed
the information network of the Department of Defense in a State environment;
removed
while acting under title 10, United States Code, the information networks of State governments; and
removed
critical infrastructure;
removed
fosters interagency cooperation by—
removed
co-locating members of the Army National Guard with personnel of departments and agencies of the Federal Government and State governments; and
removed
providing an environment to develop interagency relationship to coordinate responses and recovery efforts during and following a cyber attack;
removed
collaborates with academic institutions to develop and implement curriculum for interagency education and training within the classroom; and
removed
coordinates with the Persistent Cyber Training Environment of the Army Cyber Command in devising and implementing interagency education and training using physical and information technology infrastructure.
removed
Locations— If the Secretary carries out the pilot program under subsection (a), the Secretary may select one National Guard facility at which to carry out the pilot program. The Secretary may select a facility that is located in an area that meets the following criteria:
removed
The location has a need for cyber training, as measured by both the number of members of the Army National Guard that would apply for such training and the number of units of the Army National Guard that verify the unit would apply for such training.
removed
The location has high capacity information and telecommunications infrastructure, including high speed fiber optic networks.
removed
The location has personnel, technology, laboratories, and facilities to support proposed activities and has the opportunity for ongoing training, education, and research.
removed
Activities— If the Secretary carries out the pilot program under subsection (a), the Secretary should ensure that the pilot program includes the following activities:
removed
Providing joint education and training and accelerating training certifications for working in a cyber range.
removed
Integrating education and training between the National Guard, law enforcement, and emergency medical and fire first responders.
removed
Providing a program to continuously train the cyber network defense teams to not only defend the information network of the Department of Defense, but to also provide education and training on how to use defense capabilities of the team in a State environment.
removed
Developing curriculum and educating the National Guard on the different missions carried out under titles 10 and 32, United States Code, in order to enhance interagency coordination and create a common operating picture.
removed
Notification required— If the Secretary carries out the pilot program under subsection (a), the Secretary shall provide immediate notification to the congressional defense committees that includes information relating to the resources required to carry out such pilot program, identification of units to be trained, the location of such training, and a description of agreements with Federal, State, local, and private sector entities.
removed
Sunset— The authority provided under this section shall expire on the date that is two years after the date of the enactment of this Act.
Sec. 1652 Cyberspace Solarium Commission
removed
removed
Establishment—
removed
In general— There is established a commission to develop a consensus on a strategic approach to defending the United States in cyberspace against cyber attacks of significant consequences.
removed
Designation— The commission established under paragraph (1) shall be known as the “Cyberspace Solarium Commission” (in this section the “Commission”).
removed
Membership—
removed
Composition—
removed
Subject to subparagraph (B), the Commission shall be composed of the following members:
removed
The Principal Deputy Director of National Intelligence.
removed
The Deputy Secretary of Homeland Security.
removed
The Deputy Secretary of Defense.
removed
The Director of the Federal Bureau of Investigation.
removed
Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and two of whom shall not be.
removed
Two members appointed by the minority leader of the Senate, in consultation with the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and one of whom shall not be.
removed
Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Armed Services of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be.
removed
Two members appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Armed Services of the House of Representatives, one of whom shall be a member of the House of Representatives and one of whom shall not be.
removed
removed
The members of the Commission who are not members of Congress and who are appointed under clauses (iv) through (vii) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—
removed
cyber strategy or national-level strategies to combat long-term adversaries;
removed
cyber technology and innovation;
removed
use of intelligence information by national policymakers and military leaders; or
removed
the implementation, funding, or oversight of the national security policies of the United States.
removed
An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.
removed
All members of the Commission described in clause (i) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information.
removed
Co-chairs—
removed
The Commission shall have two co-chairs, selected from among the members of the Commission.
removed
One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party.
removed
The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.
removed
Appointment; initial meeting—
removed
Appointment— Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act.
removed
Initial meeting— The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act.
removed
Meetings; quorum; vacancies—
removed
In general— After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission.
removed
Quorum— Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony.
removed
Vacancies— Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.
removed
Quorum with vacancies— If vacancies in the Commission occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day.
removed
Actions of Commission—
removed
In general— The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
removed
Panels— The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
removed
Delegation— Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this title.
removed
Duties— The duties of the Commission are as follows:
removed
To define the core objectives and priorities of the strategy described in subsection (a)(1).
removed
To weigh the costs and benefits of various strategic options to defend the United States, including the political system of the United States, the national security industrial sector of the United States, and the innovation base of the United States. The options to be assessed should include deterrence, norms-based regimes, and active disruption of adversary attacks through persistent engagement.
removed
To evaluate whether the options described in paragraph (2) are exclusive or complementary, the best means for executing such options, and how the United States should incorporate and implement such options within its national strategy.
removed
To review and make determinations on the difficult choices present within such options, among them what norms-based regimes the United States should seek to establish, how the United States should enforce such norms, how much damage the United States should be willing to incur in a deterrence or persistent denial strategy, what attacks warrant response in a deterrence or persistent denial strategy, and how the United States can best execute these strategies.
removed
To review adversarial strategies and intentions, current programs for the defense of the United States, and the capabilities of the Federal Government to understand if and how adversaries are currently being deterred or thwarted in their aims and ambitions in cyberspace.
removed
To evaluate the effectiveness of the current national cyber policy relating to cyberspace, cybersecurity, and cyber warfare to disrupt, defeat and deter cyber attacks.
removed
In weighing the options for defending the United States, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government.
removed
Powers of Commission—
removed
In general—
removed
The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section—
removed
hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and
removed
require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary.
removed
Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs.
removed
The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192–194) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section.
removed
Contracting— The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.
removed
Information from Federal agencies—
removed
The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title.
removed
Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission.
removed
The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable statutes and regulations.
removed
Assistance from Federal agencies—
removed
The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this title.
removed
The Director of National Intelligence may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request.
removed
In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.
removed
The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses.
removed
Postal services— The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States.
removed
Gifts— No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.
removed
Staff of Commission—
removed
In general—
removed
The co-chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title.
removed
Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
removed
All staff of the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.
removed
Consultant services—
removed
The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.
removed
All experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.
removed
Compensation and travel expenses—
removed
Compensation—
removed
Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title.
removed
Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission.
removed
Travel expenses— While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
removed
Treatment of information relating to national security—
removed
In general—
removed
The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title.
removed
Any information related to the national security of the United States that is provided to the Commission by a congressional intelligence committees or the congressional armed services committees may not be further provided or released without the approval of the chairman of such committees.
removed
Access after termination of commission— Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the congressional intelligence committees, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.
removed
Final report; termination—
removed
Final report— Not later than September 1, 2019, the Commission shall submit to the congressional defense committees, the congressional intelligence committees, the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Director of National Intelligence, and the Secretary of Defense, and the Secretary of Homeland Security a final report on the findings of the Commission.
removed
Termination—
removed
The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report under paragraph (1) is submitted to the congressional defense and intelligence committees.
removed
The Commission may use the 120-day period referred to in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report.
removed
Assessments of final report— Not later than 60 days after receipt of the final report under subsection (k)(1), the Director of National Intelligence, the Secretary of Defense, and the Secretary of Homeland Security shall each submit to the congressional intelligence committees and the congressional defense committees an assessment by the Director or the Secretary, as the case may be, of the final report. Each assessment shall include such comments on the findings and recommendations contained in the final report as the Director or Secretary, as the case may be, considers appropriate.
removed
Inapplicability of certain administrative provisions—
removed
Federal Advisory Committee Act— The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section.
removed
Freedom of Information Act— The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), shall not apply to the activities, records, and proceedings of the Commission under this section.
removed
Funding—
removed
Authorization of appropriations— Of the amount authorized to be appropriated for fiscal year 2019 by this Act, as specified in the funding tables in division D, $4,000,000 may be used to carry out this section.
removed
Availability in general— Subject to paragraph (1), the Secretary of Defense shall make available to the Commission such amounts as the Commission may require for purposes of the activities of the Commission under this section.
removed
Duration of availability— Amounts made available to the Commission under paragraph (2) shall remain available until expended.
removed
Congressional intelligence committees defined— In this section, the term congressional intelligence committees means—
removed
the Select Committee on Intelligence of the Senate; and
removed
the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 1653 Study and report on reserve component cyber civil support teams
removed
removed
Study required— The Secretaries concerned shall conduct a study on the feasibility and advisability of the establishment of reserve component cyber civil support teams for each State.
removed
Elements— The study under subsection (a) shall include the following:
removed
An examination of the potential ability of the teams referred to in such subsection to respond to an attack, natural disaster, or other large-scale incident affecting computer networks, electronics, or cyber capabilities, including an analysis of the following:
removed
The command structure and lines of authority for such teams.
removed
The operational capabilities of such teams.
removed
The legal authorities available to and constraints placed on such teams.
removed
The amount of funding and other resources that would be required by the Department of Defense to organize, train, and equip such teams.
removed
An analysis of the current use of reserve and active duty components in the Department of Defense and an explanation of how the establishment of such teams may affect the ability of the Department of Defense to—
removed
organize, train, equip, and employ the Cyber Mission Force, and other organic cyber forces; and
removed
perform the national defense missions and defense support to civil authorities for cyber incident response.
removed
An explanation of how the establishment of such teams may affect the ability of the Department of Homeland Security to—
removed
organize, train, equip, and employ cyber incident response teams; and
removed
perform civilian cyber response missions.
removed
An explanation as to how the establishment of such teams would fit into the current missions of the Department of Defense and the Department of Homeland Security.
removed
An analysis of current and projected State civilian and private sector cyber response capabilities and services, including an identification of any gaps in such capabilities and services, and including an analysis of the following:
removed
Whether such teams would be, on a risk- and cost-adjusted basis, of use for each State.
removed
How the establishment of such teams may impact Federal, State, and private sector resourcing for State civilian and private sector cyber response capabilities and services.
removed
An identification of the potential role of such teams with respect to the principles and processes set forth in—
removed
Presidential Policy Directive 20 (United States Cyber Operations Policy);
removed
Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience); and
removed
Presidential Policy Directive 41 (United States Cyber Incident Coordination).
removed
An explanation of how such teams may interact with other organizations and elements of the Federal Government that have responsibilities under the Presidential Policy Directives referred to in paragraph (6).
removed
Any effects on the privacy and civil liberties of United States persons that may result from the establishment of such teams.
removed
Any other considerations determined to be relevant by the Secretaries concerned.
removed
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretaries concerned shall submit to the appropriate congressional committees a report that includes—
removed
the results of the study conducted under subsection (a), including an explanation of each element described in subsection (b); and
removed
the final determination of the Secretaries with respect to the feasibility and advisability of establishing reserve component cyber civil support teams for each State.
removed
Definitions— In this section:
removed
The term appropriate congressional committees means—
removed
the congressional defense committees;
removed
the Committee on Homeland Security of the House of Representatives; and
removed
the Committee on Homeland Security and Governmental Affairs of the Senate.
removed
The term reserve component cyber civil support team means a team that—
removed
is comprised of members of the reserve components;
removed
is organized, trained, equipped, and sustained by the Department of Defense for the purpose of assisting State authorities in preparing for and responding to cyber incidents, cyber emergencies, and cyber attacks; and
removed
operates principally under the command and control of the Chief Executive of the State in which the team is located.
removed
The term Secretaries concerned means the Secretary of Defense and the Secretary of Homeland Security acting jointly.
removed
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.
Sec. 1654 Identification of countries of concern regarding cybersecurity
removed
removed
Identification of countries of concern— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall create a list of countries that pose a risk to the cybersecurity of United States defense and national security systems and infrastructure. Such list shall reflect the level of threat posed by each country included on such list. In creating such list, the Secretary shall take in to account the following:
removed
A foreign government’s activities that pose force protection or cybersecurity risk to the personnel, financial systems, critical infrastructure, or information systems of the United States or coalition forces.
removed
A foreign government’s willingness and record of providing financing, logistics, training or intelligence to other persons, countries or entities posing a force protection or cybersecurity risk to the personnel, financial systems, critical infrastructure, or information systems of the United States or coalition forces.
removed
A foreign government’s engagement in foreign intelligence activities against the United States for the purpose of undermining United States national security.
removed
A foreign government’s knowing participation in transnational organized crime or criminal activity.
removed
A foreign government’s cyber activities and operations to affect the supply chain of the United States Government.
removed
A foreign government’s use of cyber means to unlawfully or inappropriately obtain intellectual property from the United States Government or United States persons.
removed
Updates— The Secretary shall continuously update and maintain the list under subsection (a) to preempt obsolescence.
removed
Report to Congress— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress the list created pursuant to subsection (a) and any accompanying analysis that contributed to the creation of the list.
Sec. 1655 Mitigation of risks to national security posed by providers of information technology products and services who have obligations to foreign governments
removed
removed
Disclosure required— Subject to the regulations issued under subsection (b), the Department of Defense may not use a product, service, or system procured or acquired after the date of the enactment of this Act relating to information or operational technology, cybersecurity, an industrial control system, or weapons system provided by a person unless that person discloses to the Secretary of Defense the following:
removed
Whether, and if so, when, within five years before or at any time after the date of the enactment of this Act, the person has allowed a foreign government to review the code of a non-commercial product, system, or service developed for the Department, or whether the person is under any obligation to allow a foreign person or government to review the code of a non-commercial product, system, or service developed for the Department as a condition of entering into an agreement for sale or other transaction with a foreign government or with a foreign person on behalf of such a government.
removed
Whether, and if so, when, within five years before or at any time after the date of the enactment of this Act, the person has allowed a foreign government listed in section 1654 to review the source code of a product, system, or service that the Department is using or intends to use, or is under any obligation to allow a foreign person or government to review the source code of a product, system, or service that the Department is using or intends to use as a condition of entering into an agreement for sale or other transaction with a foreign government or with a foreign person on behalf of such a government.
removed
Whether or not the person holds or has sought a license pursuant to the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, for information technology products, components, software, or services that contain code custom-developed for the non-commercial product, system, or service the Department is using or intends to use.
removed
Regulations—
removed
In general— The Secretary of Defense shall issue regulations regarding the implementation of subsection (a).
removed
Uniform review process— If information obtained from a person under subsection (a) or the contents of the registry under subsection (f) are the subject of a request under section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), the Secretary of Defense shall conduct a uniform review process, without regard to the office holding the information, to determine if the information is exempt from disclosure under such section 552.
removed
Procurement— Procurement contracts for covered products or systems shall include a clause requiring the information contained in subsection (a) be disclosed during the period of the contract if an entity becomes aware of information requiring disclosure required pursuant to such subsection, including any mitigation measures taken or anticipated.
removed
Mitigation of risks—
removed
In general— If, after reviewing a disclosure made by a person under subsection (a), the Secretary determines that the disclosure relating to a product, system, or service entails a risk to the national security infrastructure or data of the United States, or any national security system under the control of the Department, the Secretary shall take such measures as the Secretary considers appropriate to mitigate such risks, including, as the Secretary considers appropriate, by conditioning any agreement for the use, procurement, or acquisition of the product, system, or service on the inclusion of enforceable conditions or requirements that would mitigate such risks.
removed
Third-party testing standard— Not later than two years after the date of the enactment of this Act the Secretary shall develop such third-party testing standard as the Secretary considers acceptable for commercial off the shelf (COTS) products, systems, or services to use when dealing with foreign governments.
removed
Exemption of open source software— This section shall not apply to open source software.
removed
Establishment of registry— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
removed
establish within the operational capabilities of the Committee for National Security Systems (CNSS) or within such other agency as the Secretary considers appropriate a registry containing the information disclosed under subsection (a); and
removed
upon request, make such information available to any agency conducting a procurement pursuant to the Federal Acquisition Regulations or the Defense Federal Acquisition Regulations.
removed
Annual reports— Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report detailing the number, scope, product classifications, and mitigation agreements related to each product, system, and service for which a disclosure is made under subsection (a).
removed
Definitions— In this section:
removed
Appropriate committees of congress defined— The term appropriate committees of Congress means—
removed
the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
removed
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Oversight and Government Reform of the House of Representatives.
removed
Commercial item— The term “commercial item” has the meaning given such term in section 103 of title 41, United States Code.
removed
Information technology— The term information technology has the meaning given such term in section 11101 of title 40, United States Code.
removed
National security system— The term national security system has the meaning given such term in section 3552(b) of title 44, United States Code.
removed
Non-commercial product, system, or service— The term “non-commercial product, system, or service” means a product, system, or service that does not meet the criteria of a commercial item.
removed
Open source software— The term “open source software” means software for which the human-readable source code is available for use, study, re-use, modification, enhancement, and re-distribution by the users of such software.
Sec. 1656 Report on Cybersecurity Apprentice Program
removed
removed
Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of establishing a Cybersecurity Apprentice Program to support on-the-job training for certain cybersecurity positions and facilitate the acquisition of cybersecurity certifications.
Sec. 1657 Report on enhancement of software security for critical systems
removed
removed
Report required— Not later than March 1, 2019, the Principal Cyber Adviser to the Secretary of Defense, the Under Secretary of Defense for Research and Engineering, and the Chief Information Officer of the Department of Defense shall jointly submit to the congressional defense committees a report on a study, based on the authorities specified in subsection (b), on the costs, benefits, technical merits, and other merits of applying the technologies described in subsection (c) to the vulnerability assessment and remediation of the following systems:
removed
Nuclear systems and nuclear command and control.
removed
A critical subset of conventional power projection capabilities.
removed
Cyber command and control.
removed
Other defense critical infrastructure.
removed
Basis for conduct of study— The study required for purposes of subsection (a) shall be conducted pursuant to the following:
removed
Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
removed
Section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2224 note).
removed
Section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118).
removed
Section 937 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note).
removed
Technologies— The technologies described in this subsection include the following:
removed
Technology acquired, developed, and used by Combat Support Agencies of the Department of Defense to discover flaws and weaknesses in software code by inputting immense quantities of pseudo-random data (commonly referred to as “fuzz”) to identify inputs that cause the software to fail or degrade.
removed
Cloud-based software fuzzing-as-a-service to continuously test the security of Department of Defense software repositories at large scale.
removed
Formal programming and protocol language for software code development and other methods and tools developed under various programs such as the High Assurance Cyber Military Systems program of the Defense Advanced Research Projects Agency.
removed
The binary analysis and symbolic execution software security tools developed under the Cyber Grand Challenge of the Defense Advanced Research Projects Agency.
removed
Any other advanced or immature technologies with respect to which the Department of Defense determines there is particular potential for application to the vulnerability assessment and remediation of the systems specified in subsection (a).
Sec. 1661 Development of persistent space-based sensor architecture
added
Findings— Congress finds the following:
added
Absent a missile defense review, the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2019 did not propose funding for efforts within the Missile Defense Agency to further develop the Missile Defense Tracking System (a future space sensor architecture) and instead funds were provided to the Air Force to determine the plan of the Department of Defense for future missile warning and tracking capabilities.
added
Delaying development and deployment of a space-based missile tracking capability further places the United States at a disadvantage against hypersonic threats.
removed
Section 179(a) of title 10, United States Code, is amended—
changed
Development required— in paragraph (1), Subsection (a) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131. Stat. 1777) is amended by striking “, Technology, and Logistics” “If consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017, the Director of the Missile Defense Agency” and inserting “and Sustainment”;“Beginning fiscal year 2019, the Director of the Missile Defense Agency, in coordination with the Director of National Intelligence, the Commander of the Air Force Space Command, and the Commander of the United States Strategic Command,”.
added
Plan—
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for the development of the space-based sensor architecture under subsection (a) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1777), not more than 25 percent may be obligated or expended until the date on which the Director of the Missile Defense Agency submits the plan under subsection (e) of such section.
added
Clarification of roles— Section 1683(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1777) is amended by striking “the Director shall submit” and inserting “the Director of the Missile Defense Agency, in coordination with the Director of National Intelligence, the Commander of the Air Force Space Command, and the Commander of the United States Strategic Command shall submit”.
removed
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
changed
Report on use of other authorities— by inserting after paragraph (3) the following new paragraph (4):Such section 1683 is further amended—
added
by redesignating subsection (f) as subsection (g); and
added
by inserting after subsection (e) the following new subsection (f):
added “(f) Report on use of other authorities—Not later than January 31, 2019, the Director of the Missile Defense Agency shall submit to the appropriate congressional committees a report on the options available to the Director to use other transactional authorities pursuant to section 2371 of title 10, United States Code, to accelerate the development and deployment of the sensor architecture required by subsection (a).”
removed
“(4) The Under Secretary of Defense for Research and Engineering.”
Sec. 1662 Boost phase ballistic missile defense
added
Development and study— Section 1685 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by adding at the end the following new subsections:
added “(d) Development
added “(1) Requirement—Beginning fiscal year 2019, the Director of the Missile Defense Agency shall carry out a program to develop boost phase intercept capabilities that—
added “(A) are cost effective;
added “(B) are air-launched, ship-based, or both; and
added “(C) include kinetic interceptors.
added “(2) Partnerships—In developing kinetic boost phase intercept capabilities under paragraph (1), the Director may enter into partnerships with the Ministry of National Defense of the Republic of Korea or the Ministry of Defense of Japan, or both.
added “(e) Independent study
added “(1) Requirement—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a feasibility study on providing an initial or demonstrated boost phase capability using unmanned aerial vehicles and kinetic interceptors by December 31, 2021. Such study shall include, at a minimum, a review of the study published by the Science, Technology, and National Security Working Group of the Massachusetts Institute of Technology in 2017 titled “Airborne Patrol to Destroy DPRK ICBMs in Powered Flight”.
added “(2) Submission—Not later than July 31, 2019, the Secretary shall submit to the congressional defense committees the study conducted under paragraph (1).”
added
Directed energy development— Subsection (b) of such section is amended—
added
by striking “The Secretary of Defense” and inserting the following:
added “(1) In general—The Secretary of Defense”
added
by adding at the end the following new paragraph:
added “(2) Role of Director
added “(A) Transfer of responsibility—Beginning fiscal year 2019, the Secretary shall transfer from the Under Secretary of Defense for Research and Engineering to the Director of the Missile Defense Agency the responsibility to continue developing the interim directed energy boost phase ballistic missile defense capability specified in paragraph (1).
added “(B) Other programs—In continuing the development under subparagraph (A), the Director shall—
added “(i) leverage the efforts of the Under Secretary under the high energy laser advanced development program; and
added “(ii) share with the Under Secretary any information useful to such program.
added “(C) Briefing—Not later than February 28, 2019, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing on—
added “(i) specific criteria that the Director will address in the development under subparagraph (A); and
added “(ii) parameters used to measure progress in such development.”
added
Modification to sense of Congress— Subsection (a) of such section is amended by striking “, if consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017”.
removed
Subparagraphs (A) and (B) of section 217(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706) are amended to read as follows:
removed
“(A) achieves initial operating capability for nuclear missions prior to the retirement of the nuclear-armed AGM–86;
removed
“(B) achieves initial operating capability for conventional missions by not later than five years after the date of the achievement under subparagraph (A); and”
Sec. 1663 Improvements to research and development and acquisition processes of Missile Defense Agency
added
Research and development—
added
Transfer— Not later than September 30, 2020, the Secretary of Defense shall transfer the authority and the total obligational authority for each research and development program described in paragraph (2) from the Under Secretary of Defense for Research and Engineering to the Director of the Missile Defense Agency.
removed
Plan for acceleration of programs— Consistent with validated military requirements and in accordance with applicable provisions of Federal law regarding acquisition, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretary of the Air Force, shall develop and implement—
changed
Research and development program described— A research and development program described in this paragraph is a plan to accelerate program that the development, procurement, and fielding Under Secretary identifies as meeting each of the ground-based strategic deterrent program; andfollowing criteria:
added
The program consists of efforts to develop prototypes or science and technology, or has not yet received Milestone B approval (as defined in section 2366 of title 10, United States Code).
added
The efforts of the program either—
added
are planned to be incorporated into ballistic missile defense systems; or
added
have explicit applications for ballistic missile defense or hypersonic defense.
changed
Report— a plan to accelerate Not later than March 31, 2019, the development, procurement, and fielding of Under Secretary shall submit to the long-range standoff weapon.congressional defense committees a report that—
added
lists each research and development program identified under paragraph (2); and
added
a summary of the efforts and funding required for such programs during the period covered by the future-years defense program under section 221 of title 10, United States Code, as of the date of the report.
added
Notification on changes to non-standard acquisition processes and responsibilities—
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Secretary of Defense may be obligated or expended to change the non-standard acquisition processes and responsibilities described in paragraph (2) until—
added
the Secretary notifies the congressional defense committees of such proposed change; and
added
a period of 180 days has elapsed following the date of such notification.
removed
Criteria— The plans developed under subsection (a) shall meet the following criteria:
changed
Non-standard acquisition processes and responsibilities described— With respect to the plan developed under The non-standard acquisition processes and responsibilities described in this paragraph (1) of are such subsection, the plan shall ensure that the ground-based strategic deterrent program includes the recapitalization of the full intercontinental ballistic missile weapon system for 400 deployed missiles and associated spares and 450 launch facilities, without phasing or splitting the program, including with respect to the missile flight system, ground-based infrastructure and equipment, appropriate command processes and control elements.responsibilities described in—
added
the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002;
added
Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act; and
added
United States Strategic Command Instruction 583–3.
added
Integrated master test plan information—
added
Public availability— Together with the release of each integrated master test plan of the Missile Defense Agency, the Director of the Missile Defense Agency shall make publicly available a version of each such plan that identifies the fiscal year and the fiscal quarter in which events under the plan will occur.
added
Submission— Not later than 30 days after the budget of the President for each of fiscal years 2020 and 2021 is submitted to Congress under section 1105 of title 31, United States Code, the Director shall submit to the congressional defense committees the integrated master test plan of the Missile Defense Agency, including any classified and unclassified versions of such plan.
removed
The plans shall include a comprehensive assessment of the benefits, risks, feasibility, costs, and cost savings of various options for accelerating the respective program covered by the plan, including by considering—
removed
accelerating—
removed
the technology maturation and risk reduction phase, including through the identification of low- and high- technology readiness levels, requirements, and timelines for maturing such technology;
removed
the award of an engineering and manufacturing development contract; and
removed
making the milestone B decision;
removed
transitioning full acquisition authority, responsibility, and accountability of the respective program to the Secretary of the Air Force, including milestone decision authority;
removed
providing a general officer-level program executive officer a dedicated, single-program, long-term assignment with a tailored acquisition approach, program strategy, and oversight model for the respective program that empowers the general officer to accelerate the program, make decisions, and be held accountable;
removed
streamlining, as appropriate, test and evaluation activities for the respective program, particularly for proven technologies, while ensuring high confidence in the final deployed system;
removed
leveraging agile software development or other innovative approaches to reduce timeframes for software development;
removed
identifying and proposing statutory changes that the Under Secretary or the Secretary of the Air Force determine could accelerate the respective program;
removed
identifying accelerated goals for initial operational capability and full operational capability for the respective program; and
removed
such other options as the Under Secretary or the Secretary of the Air Force consider appropriate.
removed
Submission— Not later than 120 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of the Air Force, shall submit to the congressional defense committees the plans developed under subsection (a), including an assessment of the options considered and the options selected to be implemented under the plans.
changed
Briefing—Missile Defense Executive Board— Not later than 160 days after the date of In addition to the enactment Under Secretary of this Act, the Commander Defense for Research and Engineering serving as chairman of the United States Strategic Command shall provide Missile Defense Executive Board pursuant to the congressional defense committees a briefing on the views section 1676(c)(3)(B) of the Commander with respect to National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1773), the plans developed under subsection (a).Under Secretary of Defense for Acquisition and Sustainment shall serve—
added
as a member of the Board; and
added
as co-chairman with respect to decisions regarding acquisition and the approval of acquisition and production milestones, including with respect to the use of other transaction authority contracts and transactions in excess of $500,000,000 (including all options).
removed
Definitions— In this section:
removed
The term milestone B decision has the meaning given that term in section 2400(a) of title 10, United States Code.
removed
The term milestone decision authority has the meaning given that term in section 2366a(d) of title 10, United States Code.
Sec. 1664 Layered defense of the United States homeland
changed
Availability of funds—Findings— Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2019 by section 101 and available for Missile Procurement, Air Force, as specified in the funding table in division D, $9,841,000 shall be available for the procurement of covered parts pursuant to contracts entered into under section 1645(a) of Congress finds the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3651).following:
added
The United States homeland (including Hawaii and Alaska) is currently protected against intercontinental ballistic missiles by the ground-based midcourse defense system, with 44 ground-based interceptors located at Fort Greely, Alaska, and Vandenberg, California.
added
The Department of Defense plans to expand the number of ground-based interceptors to 64 interceptors by 2023 by adding Missile Field 4 at Fort Greely, Alaska.
changed
Covered parts defined—Sense of Congress— In this section, It is the term covered parts means commercially available off-the-shelf items as defined in section 104 sense of title 41, Congress that the United States Code.should—
added
continue to explore and deploy capabilities that increase the layered defense of the United States homeland;
added
support, if determined by the Secretary of Defense as necessary for the national security of the United States, the deployment of a ground-based interceptor site, or potential other ballistic missile defense systems pending successful testing, on the East Coast of the United States that—
added
weighs cost effectiveness and prioritization of capability; and
added
provides for increased protection of the continental United States from North Korean and Iranian threats;
added
support the ability of the Army, the Navy, and the Missile Defense Agency to deploy fixed, semi-fixed, and mobile at-sea and ashore assets to locations to increase the layered defense of all of the United States homeland; and
added
support, as appropriate, further analysis and testing for regional systems to be employed for the layered defense of the United States homeland.
added
Certification— Before the Secretary of Defense makes a potential determination to deploy regional assets to provide missile defense from longer range threats, the Secretary shall certify to the congressional defense committees that such deployment would not unnecessarily undermine or pose additional risk to strategic stability.
added
Briefing— Not later than January 31, 2019, the Director of the Missile Defense Agency, in coordination with the Under Secretary of Defense for Policy, the Commander of the United States Northern Command, and the Commander of the United States Pacific Command, shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing that—
added
describes options and plans to increase or improve the layered protection of the United States homeland (including Hawaii and Alaska) from threats posed by North Korea and threats posed by Iran;
added
addresses the capabilities and reliability of missile defense systems to defend against potential trajectories of missiles from both the North and South Poles; and
added
addresses technical capability and policy with respect to such options.
Sec. 1665 Testing of redesigned kill vehicle prior to production
changed
Prohibition—Successful testing required— Except as provided by subsection (b), none the Director of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 Missile Defense Agency may not make a lot production decision for the Department of Defense shall be obligated or expended for—redesigned kill vehicle unless the vehicle has undergone at least one successful flight intercept test that meets the following criteria:
changed
reducing, or preparing to reduce, the responsiveness or alert level of The test sufficiently assesses the intercontinental ballistic missiles performance of the United States; orvehicle in order to inform a lot production decision.
changed
reducing, or preparing to reduce, the quantity of deployed intercontinental ballistic missiles The results of the United States to a number less than 400.test demonstrate that the vehicle—
added
will work in an effective manner; and
added
has the ability to accomplish the intended mission of the vehicle.
changed
Exception—Waiver— The prohibition in Secretary of Defense, without delegation, may waive subsection (a) shall not apply to any of the following activities:if—
changed
The maintenance or sustainment the Secretary determines that the waiver is in the interest of intercontinental ballistic missiles.national security;
changed
Ensuring the safety, security, or reliability Secretary determines that the threat of intercontinental ballistic missiles.missiles is advancing at a pace that requires additional capacity of the ground-based midcourse system by 2023;
added
the Secretary determines that the waiver is appropriate in light of the assessment conducted by the Director of Operational Test and Evaluation under subsection (c);
added
the Secretary submits to the congressional defense committees a report containing—
added
a notice of the waiver, including the rationale of the Secretary for making the waiver;
added
a certification by the Secretary that the Secretary has analyzed and accepts the risk of making and implementing a lot production decision for the redesigned kill vehicle prior to the vehicle undergoing a successful flight intercept test; and
added
the assessment of the Director of Operational Test and Evaluation under subsection (c); and
added
a period of 30 days elapses following the date on which the Secretary submits the report under paragraph (4).
added
Assessment on risks— The Director of Operational Test and Evaluation shall submit to the Secretary of Defense an assessment on the risks of making a lot production decision for the redesigned kill vehicle prior to the vehicle undergoing a successful flight intercept test.
Sec. 1666 Requirements for ballistic missile defense capable ships
added
Force structure assessment— The Secretary of the Navy, in consultation with the Director of the Missile Defense Agency, shall include in the first force structure assessment conducted following the date of the enactment of this Act the following:
added
An assessment of the requirements for ballistic missile defense capable ships.
added
The force structure requirements associated with advanced ballistic missile defense capabilities.
added
Force structure assessment defined— The term force structure assessment has the meaning given the term in Chief of Naval Operations Instruction 3050.27.
removed
Section 1664 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2615), as amended by section 1663 by the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “2019” and inserting “2020”.
Sec. 1667 Multiyear procurement authority for standard missile–3 block IB missiles
changed
Program authorized—Authority for multiyear procurement— The Chairman of the Nuclear Weapons Council established under Subject to section 179 2306b of title 10, United States Code, and the Administrator for Nuclear Security, shall jointly establish an exchange Director of the Missile Defense Agency may enter into one or more multiyear contracts, beginning with the 2019 program under which—year, for the procurement of standard missile–3 block IB missiles.
removed
the Chairman shall arrange for the temporary assignment of civilian and military personnel working on nuclear weapons policy, production, and force structure issues in the Office of the Secretary of Defense, the Joint Staff, the Navy, or the Air Force to the Office of the Deputy Administrator for Defense Programs in the National Nuclear Security Administration; and
removed
the Administrator shall arrange for the temporary assignment of civilian personnel working on programs related to nuclear weapons in the Office of the Deputy Administrator for Defense Programs to the elements of the Department of Defense specified in paragraph (1).
changed
Purposes—Condition for out-year contract payments— The purposes of the exchange program established A contract entered into under subsection (a) are—shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
removed
to familiarize personnel from the Department of Defense and the National Nuclear Security Administration with the equities, priorities, processes, culture, and employees of the other agency;
removed
for participants in the exchange program to return the expertise gained through their exchanges to their original agencies at the conclusion of their exchanges; and
removed
to improve communication between and integration of the agencies that support the formation and oversight of nuclear weapons policy through lasting relationships across the chain of command.
removed
Participants—
removed
Number of participants— The Chairman and the Administrator shall each select not fewer than five and not more than 10 participants per year for participation in the exchange program established under subsection (a). The Chairman and the Administrator may determine how many participants to select under this paragraph without regard to the number of participants selected from the other agency.
removed
Criteria for selection—
removed
In general— The Chairman and the Administrator shall select participants for the exchange program established under subsection (a) from among mid-career employees and based on—
removed
the qualifications and desire to participate in the program of the employee; and
removed
the technical needs and capacities of the Department of Defense and the National Nuclear Security Administration, as applicable.
removed
Department of Defense— In selecting participants from the Department of Defense for the exchange program established under subsection (a), the Chairman shall ensure that there is a mix of military personnel and civilian employees of the Department.
removed
Terms— Exchanges pursuant to the exchange program established under subsection (a) shall be for terms of one to two years, as determined and negotiated by the Chairman and the Administrator. Such terms may begin and end on a rolling basis.
removed
Guidance and implementation—
removed
Guidance— Not later than 90 days after the date of the enactment of this Act, the Chairman and the Administrator shall jointly develop and submit to the congressional defense committees interim guidance on the form and contours of the exchange program established under subsection (a).
removed
Implementation— Not later than 180 days after the date of the enactment of this Act, the Chairman and the Administrator shall implement the guidance developed under paragraph (1).
Sec. 1668 Limitation on availability of funds for Army lower tier air and missile defense sensor
changed
In general—Limitation— The Secretary of Defense, in consultation with If the Secretary of the Air Force, the Secretary Army issues an acquisition strategy for a 360-degree lower tier air and missile defense sensor pursuant to section 1679(a) of the Navy, the Chairman National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1774) that proposes such sensor achieve initial operating capability later than December 31, 2023, not more than 50 percent of the Joint Chiefs of Staff, and funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for such sensor may be obligated or expended until the Commander of date on which the United States Strategic Command, shall develop a plan Secretary submits to train, educate, manage, and track officers of the Armed Forces in nuclear command, control, and communications.congressional defense committees a report—
added
explaining the rationale of such delayed initial operating capability, including a description of any technological or acquisition-related factors causing such delay; and
added
containing a funding profile and schedule to ensure that such sensor would achieve initial operating capability by December 31, 2023.
changed
Elements—Performance specification— The plan required by subsection (a) Secretary shall address—ensure that the performance specification of the 360-degree lower tier air and missile defense sensor—
changed
manpower specifies requirements at various grades;relating to—
added
detecting and tracking complex attacks from air breathing threats, tactical ballistic missiles, and emerging hypersonic weapons; and
added
being a key component of the future integrated air and missile defense architecture of the Army and supporting engagements for the full range and capability of Patriot Advanced Capability–3 missile segment enhancement interceptors; and
changed
desired career paths uses evaluation criteria that enables an understanding of the cost and promotion timing; andvalue of procuring such sensor in accordance with such specified requirements.
removed
any other matters the Secretary of Defense considers relevant to develop a mature cadre of officers with nuclear command, control, and communications expertise.
removed
Submission of plan— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the plan required by subsection (a).
removed
Implementation— Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall implement the plan required by subsection (a).
Sec. 1669 Missile defense radar in Hawaii
changed
Independent study—Sense of Congress— Not later than 30 days after It is the date sense of Congress that the enactment Secretary of this Act, Defense, acting through the Secretary Director of the Missile Defense shall seek to enter into a contract with a federally funded research Agency, and development center to conduct a study on the potential benefits in coordination with relevant Federal and risks of options to increase the time the President has to make a decision regarding the employment of nuclear weapons.local entities, should—
added
ensure an on-time or improved delivery schedule of the discrimination radar for homeland defense to be made operational in Hawaii; and
added
accelerate the deployment of the radar as much as possible, contingent on the environmental review process pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
added
Certification— Not later than 45 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall certify to the congressional defense committees that—
removed
Reports—
removed
Submission to DOD— Not later than 270 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under subsection (a). Such report shall include the findings and recommendations of the center.
changed
Submission to Congress— Not later than 30 days after the date Director is on which the Secretary receives the report under paragraph (1), the Secretary shall submit schedule to award the congressional defense committees such report, without change, and any comments of contract for the Secretary with respect discrimination radar for homeland defense planned to such report.be located in Hawaii by December 31, 2018; and
changed
Form— The reports under paragraphs (1) such radar and (2) shall associated in-flight interceptor communications system data terminal will be submitted in unclassified form, but may include a classified annex.operational by not later than September 30, 2023.
added
Briefings—
added
Delayed schedule— If the Director is unable to certify under subsection (b) that the Director is on schedule to award the contract for the discrimination radar for homeland defense planned to be located in Hawaii by December 31, 2018, not later than 45 days after the date of the enactment of this Act, and on a biweekly basis thereafter until the date of the award, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing explaining—
added
the rationale for the delay in such schedule; and
added
any effects of such delay in making such radar and associated in-flight interceptor communications system data terminal operational by not later than September 30, 2023.
added
Semiannual— Not later than 45 days after the date of the enactment of this Act, and semiannually thereafter through 2021, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing on—
added
the acquisition of the discrimination radar for homeland defense planned to be located in Hawaii and the associated in-flight interceptor communications system data terminal; and
added
the environmental review process for such radar pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 1670 Reports on unfunded priorities of the Missile Defense Agency
added
Reports— Not later than 10 days after the date on which the budget of the President for each of fiscal years 2020 and 2021 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Director of the Missile Defense Agency shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Missile Defense Agency.
added
Elements—
added
Matters included— Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
added
A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
added
The additional amount of funds recommended in connection with the objectives under subparagraph (A).
added
Account information with respect to such priority, including, as applicable—
added
the line item number for applicable procurement accounts;
added
the program element number for applicable research, development, test, and evaluation accounts; and
added
the sub-activity group for applicable operation and maintenance accounts.
added
Prioritization of priorities— Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.
added
Unfunded priority defined— In this section, the term unfunded priority, in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency that—
added
is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code;
added
is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and
added
would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if—
added
additional resources had been available for the budget to fund the program, activity, or mission requirement; or
added
the program, activity, or mission requirement has emerged since the budget was formulated.
removed
Section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576), as most recently amended by section 1665 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended in subsection (a)(1) by striking “2019” and inserting “2023”.
Sec. 1671 Report on ballistic missile defense
added
Findings— Congress finds the following:
added
The Secretary of Defense is conducting a ballistic missile defense review that will assess the capabilities and requirements for homeland, regional, and theater missile defense.
added
This review will have significant implications for national security and potentially on resource prioritization and requirements.
added
The review was initially expected to have been completed by January but has been delayed several months due to revisions and has not yet been submitted to Congress.
added
Report— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on ballistic missile defense that addresses the implications for planned programs of record, costs and resource prioritization, and strategic stability.
added
CBO report on costs relating to ballistic, cruise, and hypersonic defenses of the United States—
added
Report— Not later than 1 year after the date of the enactment of this Act, the Director of the Congressional Budget Office shall submit to the congressional defense committees a report setting forth the following:
added
An estimate of the costs over the 10-year period beginning on the date of the report associated with—
added
fielding and maintaining the current and planned ballistic, cruise, and hypersonic defenses of the United States; and
added
implementing any new recommendations of the Ballistic Missile Defense Review with regard to ballistic, cruise, and hypersonic defenses.
added
An estimate of the costs to design, launch, maintain, and operate space-based sensors of different constellation sizes ranging from limited to comprehensive.
added
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
removed
Not later than February 15, 2019, the Chairman of the Nuclear Weapons Council established under section 179 of title 10, United States Code, shall submit to the congressional defense committees a plan containing a proposal for better aligning the acquisition of warhead life extension programs by the National Nuclear Security Administration with the acquisition of the planned delivery vehicles for such warheads by the Department of Defense.
Sec. 1672 Sense of Congress on missile and rocket defense cooperation between the United States and Israel
changed
Report required—Findings— Not later than February 15, 2019, and annually thereafter until the date on which the long-range stand-off weapon receives Milestone B approval (as defined in section 2366 of title 10, United States Code), the Secretary of the Air Force, in coordination with the Administrator for Nuclear Security and the Chairman of the Nuclear Weapons Council, shall submit to the congressional defense committees a report describing the joint development of the long-range stand-off weapon, including the missile developed by the Air Force and the W80–4 warhead life extension program conducted by Congress finds the National Nuclear Security Administration.following:
added
The United States and Israel signed a Memorandum of Understanding on September 14, 2016, that covers the 10-year period beginning with fiscal year 2019.
added
The Memorandum of Understanding states that the United States will provide annual funding of $500,000,000 for cooperative programs to develop, produce, and procure missile, rocket, and projectile defense capabilities to help Israel meet its security needs and to help develop and enhance the missile defense capabilities of the United States.
added
The Memorandum of Understanding further states that Israel may seek additional missile defense funding from the United States in exceptional circumstances, as may be jointly agreed by the United States and Israel.
changed
Elements—Sense of Congress— The report under subsection (a) shall include It is the following:sense of Congress that—
changed
An estimate of the date on which strong and enduring relationship between the long-range stand-off weapon will reach initial operating capability.United States and Israel is in the national security interest of both countries; and
changed
A description of any development milestones for the missile developed by September 2016 Memorandum of Understanding between the Air Force or United States and Israel, including the warhead developed by provisions of the National Nuclear Security Administration that depend on corresponding progress at memorandum relating to missile and rocket defense cooperation, is a critical component of the other agency.bilateral relationship.
removed
A description of coordination efforts between the Air Force and the National Nuclear Security Administration during the period covered by the report.
removed
A description of any schedule delays projected by the Air Force or the National Nuclear Security Administration and the anticipated effect such delays would have on the schedule of work of the other agency.
removed
Plans to mitigate the effects of any delays described in paragraph (4).
removed
A description of any ways, including through the availability of additional funding or authorities, in which the development milestones described in paragraph (2) or the estimated date of initial operating capability referred to in paragraph (1), could be achieved more quickly.
removed
An estimate of the acquisition costs for the long-range stand-off weapon.
removed
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1673 Report on countermeasures test program
changed
It is Not later than 60 days after the sense date of Congress that—the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report on the status of the countermeasures test program. The report shall include an evaluation and response to the 2010 report by the JASON Defense Advisory Panel titled “MDA Discrimination”, numbered JSR-10.620, with regard to the recommendations of that report on forming a countermeasures test program through an independent agency to—
changed
for more than 70 years the nuclear deterrent of the United States has played, and will continue to play, a central role in challenge the national security countermeasure efforts of the United States and international stability;Missile Defense Agency;
changed
strong, credible, and flexible nuclear forces of the United States deter aggression by adversaries and assure the allies of the United States that the extended deterrence commitments of design countermeasures for the United States are steadfast;Missile Defense Agency;
changed
the 2017 National Security Strategy, the 2018 National Defense Strategy, and the 2018 Nuclear Posture Review correctly assess changes in the security environment related to interstate strategic competition and recognize that the defense policies and posture of simulate such countermeasures against the United States, including those related to nuclear forces, must undergo measured adjustments;national missile defense; and
changed
the United States remains committed to, and will continue to honor, its full range of nuclear arms control and nonproliferation treaty obligations and seeks continued engagement for prudent and verifiable agreements, however, the policies and actions of as appropriate, in cooperation with the United States must also hold states that violate such treaties accountable for such violations Director, build and take such violations into account when considering further arms control agreements;test countermeasures in intercept flight tests.
removed
the North Atlantic Treaty Organization (NATO) plays an essential role in the national security of the United States and NATO should continue to strengthen and align its nuclear and conventional deterrence posture, planning, and exercises to align with modern threats, including modernizing its dual-capable aircraft, command and control networks, nuclear-related facilities, and conventional capabilities;
removed
the 2018 Nuclear Posture Review rightly states that the United States requires reliable, diverse, and tailorable nuclear forces capable of responding to a variety of current threats while preparing for future uncertainty and directs implementation of a comprehensive nuclear modernization program at both the Department of Defense and the National Nuclear Security Administration; and
removed
the Department of Defense and the National Nuclear Security Administration must integrate, partner, and organize themselves to successfully execute all aspects of the nuclear modernization program, including those regarding nuclear forces, warheads, infrastructure, command and control, and personnel.
Sec. 1675 Development of persistent space-based sensor architecture
removed
removed
Development required— Subsection (a) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by striking “If consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017, the Director of the Missile Defense Agency” and inserting “Subject to the availability of appropriations, beginning fiscal year 2019, the Director of the Missile Defense Agency, in coordination with the Commander of the Air Force Space Command and the Commander of the United States Strategic Command,”.
removed
Compatibility with efforts of Defense Advanced Research Projects Agency— Such section is amended—
removed
by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and
removed
by inserting after subsection (d) the following new subsection (e):
removed
“(e) Compatibility with efforts of Defense Advanced Research Projects Agency—The Director shall ensure that the sensor architecture developed under subsection (a) is compatible with efforts of the Defense Advanced Research Projects Agency relating to space-based sensors for missile defense.”
removed
Report on use of other authorities— Such section is further amended by inserting after subsection (e), as added by subsection (b) of this section, the following new subsection (f):
removed
“(f) Report on use of other authorities—Not later than January 31, 2019, the Director shall submit to the appropriate congressional committees a report on the options available to the Director to use other transactional authorities pursuant to section 2371 of title 10, United States Code, to accelerate the development and deployment of the sensor architecture required by subsection (a).”
removed
Plan—
removed
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for the development of the space-based sensor architecture under subsection (a) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note), not more than 85 percent may be obligated or expended until the date on which the Director of the Missile Defense Agency submits the plan under subsection (g) of such section, as redesignated by subsection (b)(1) of this section.
removed
Clarification of roles— Section 1683(g) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note), as redesignated by subsection (b)(1) of this section, is amended by striking “the Director shall submit” and inserting “the Director, in coordination with the Commander of the Air Force Space Command and the Commander of the United States Strategic Command, shall submit”.
Sec. 1676 Boost phase ballistic missile defense
removed
removed
Development and study— Section 1685 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by adding at the end the following new subsections:
removed
“(d) Development
removed
“(1) Requirement—Subject to the availability of appropriations, beginning fiscal year 2019, the Director of the Missile Defense Agency shall carry out a program to develop boost phase intercept capabilities that—
removed
“(A) are cost effective;
removed
“(B) are air-launched, ship-based, or both; and
removed
“(C) include kinetic interceptors.
removed
“(2) Partnerships—In developing kinetic boost phase intercept capabilities under paragraph (1), the Director may enter into partnerships with the Ministry of National Defense of the Republic of Korea or the Ministry of Defense of Japan, or both.
removed
“(e) Independent study
removed
“(1) Requirement—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a feasibility study on providing an initial or demonstrated boost phase capability using unmanned aerial vehicles and kinetic interceptors by December 31, 2021. Such study shall include, at a minimum, a review of the study published by the Science, Technology, and National Security Working Group of the Massachusetts Institute of Technology in 2017 titled “Airborne Patrol to Destroy DPRK ICBMs in Powered Flight”.
removed
“(2) Submission—Not later than July 31, 2019, the Secretary shall submit to the congressional defense committees the study conducted under paragraph (1).”
removed
Modification to sense of Congress— Subsection (a) of such section is amended by striking “, if consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017”.
Sec. 1677 Extension of requirement for reports on unfunded priorities of Missile Defense Agency
removed
removed
In general— Section 1696 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2638)—
removed
is—
removed
transferred to chapter 9 of title 10, United States Code;
removed
inserted after section 222a; and
removed
redesignated as section 222b; and
removed
is amended—
removed
in subsection (a), by striking “for each of fiscal years 2018 and 2019” and inserting “for a fiscal year”; and
removed
in subsection (c)(3), by striking “the budget if” and all that follows through the period at the end and inserting “the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.”.
removed
Clerical amendments—
removed
Section heading— Section 222b of title 10, United States Code, as added by subsection (a), is amended—
removed
in the enumerator, by striking “SEC.” and inserting “§”; and
removed
by striking the section heading and inserting “Unfunded priorities of the Missile Defense Agency: annual report”.
removed
Table of sections— The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended by inserting after the item relating to section 222a the following new item:
Sec. 1678 Extension of prohibition relating to missile defense information and systems
removed
removed
Section 130h(e) of title 10, United States Code, is amended by striking “January 1, 2019” and inserting “January 1, 2021”.
Sec. 1679 Modification of requirement relating to transition of ballistic missile defense programs to military departments
removed
removed
Section 1676(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by inserting “or equivalent approval” before the period at the end.
Sec. 1680 Modification of requirement to develop a space-based ballistic missile intercept layer
removed
removed
Dissociation with Ballistic Missile Defense Review— Subsection (a) of section 1688 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended, in the matter before paragraph (1), by striking “If consistent” and all that follows through “the Director” and inserting “Subject to the availability of appropriations, the Director”.
removed
Conforming amendment— Subsection (b) of such section is amended, in the matter before paragraph (1), by striking “If the Director carries out subsection (a), not later” and inserting “Not later”.
Sec. 1681 Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attacks and Similar Events
added Section 1691 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1786) is amended—
removed
Notification on changes to non-standard acquisition processes and responsibilities—
removed
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Secretary of Defense may be obligated or expended to change the non-standard acquisition processes and responsibilities described in paragraph (2) until—
removed
the Secretary notifies the congressional defense committees of such proposed change; and
removed
a period of 90 days has elapsed following the date of such notification.
removed
Non-standard acquisition processes and responsibilities described— The non-standard acquisition processes and responsibilities described in this paragraph are such processes and responsibilities described in—
removed
the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002;
removed
Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act; and
removed
United States Strategic Command Instruction 583–3.
changed
Integrated master test plan information— Together with the release of each integrated master test plan of the Missile Defense Agency, and at the same time as each budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, the Director of the Missile Defense Agency shall make publicly available a version of each such plan that identifies the fiscal year and the fiscal quarter in which events under the plan will occur.subsection (e)—
added
in paragraph (1)(A), by striking “April 1, 2019” and inserting “December 1, 2019”; and
added
in paragraph (3), by striking “October 1, 2018” and inserting “March 1, 2019”; and
changed
Missile Defense Executive Board— In addition to the Under Secretary of Defense for Research in subsection (h), by striking “October 1, 2019” and Engineering serving as chairman of inserting “the date that is 180 days after the Missile Defense Executive Board pursuant to section 1676(c)(3)(B) of date on which the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1773), Commission submits the Under Secretary of Defense for Acquisition and Sustainment shall serve—report under subsection (e)(1)”.
removed
as a member of the Board; and
removed
as co-chairman with respect to decisions regarding acquisition and the approval of acquisition and production milestones, including with respect to the use of other transaction authority contracts and transactions in excess of $500,000,000 (including all options).
Sec. 1682 Procurement of ammonium perchlorate and other chemicals for use in solid rocket motors
added
Business case analysis—
added
Government-owned, contractor operated— The Secretary of the Army and the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy shall jointly conduct a business case analysis of the Federal Government using a Government-owned, contractor-operated model to ensure a robust domestic industrial base to supply specialty chemicals, including ammonium perchlorate, for use in solid rocket motors. Such analysis shall include assessments of the near- and long-term costs, operating and sustainment costs, program impacts, opportunities for competition, opportunities for redundant or complementary capabilities, and national security implications of using such a model.
removed
Sense of Congress— It is the sense of Congress that the United States should—
changed
Report— continue to explore Not later than March 1, 2019, the Secretary and deploy capabilities that increase the layered Deputy Assistant Secretary shall submit to the congressional defense of committees the United States homeland;business case analysis conducted under paragraph (1).
added
Full and open competition—
added
Use— To the extent practicable, in awarding a contract for the sale of ammonium perchlorate from retired solid rocket motors, the Secretary of Defense shall use full and open competition (as defined in section 107 of title 41, United States Code).
added
Notification— If the Secretary awards a contract for the sale of ammonium perchlorate from retired solid rocket motors using procedures that do not include full and open competition, the Secretary shall notify the congressional defense committees of such award not later than 30 days after the date of such award.
removed
support, if determined by the Secretary of Defense as necessary for the national security of the United States, the deployment of a ground-based interceptor site, or potential other ballistic missile defense systems pending successful testing, on the East Coast of the United States that—
removed
weighs cost effectiveness and prioritization of capability; and
removed
provides for increased protection of the continental United States from North Korean and Iranian threats;
removed
support the ability of the Army, the Navy, and the Missile Defense Agency to deploy fixed, semi-fixed, and mobile at-sea and ashore assets to locations to increase the layered defense of all of the United States homeland; and
removed
support, as appropriate, further analysis and testing for regional systems to be employed for the layered defense of the United States homeland.
removed
Certification— Before the Secretary of Defense makes a potential determination to deploy regional assets to provide missile defense from longer range threats, the Secretary shall certify to the congressional defense committees that such deployment would not pose additional risk to strategic stability.
Sec. 1683 Conventional prompt global strike hypersonic capabilities
changed
Successful testing required—Validated requirements— Except as provided by subsection (b), Not later than November 30, 2018, the Director Secretary of the Missile Defense Agency may not make shall submit to the congressional defense committees a lot production decision validated requirement for the redesigned kill vehicle unless the vehicle has undergone at least one successful flight intercept test that meets the following criteria:ground-, sea-, or air-launched (or a combination thereof) conventional prompt global strike hypersonic capabilities.
removed
The test sufficiently assesses the performance of the vehicle in order to inform a lot production decision.
removed
The results of the test demonstrate that the vehicle—
removed
will work in an effective manner; and
removed
has the ability to accomplish the intended mission of the vehicle.
changed
Waiver—Report— The Not later than January 31, 2019, the Under Secretary of Defense, without delegation, may waive subsection (a) if—Defense for Acquisition and Sustainment, in coordination with the Secretary of the Navy and the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a report that contains the following:
changed
the Secretary determines that the waiver is in the interest of national security;A plan to deliver a conventional prompt global strike weapon system that—
added
is in accordance with section 1693 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1791); and
added
includes—
added
options with cost estimates for accelerating the initial capability for such system; and
added
a description of policy decisions by the Secretary of Defense that are necessary to employ hypersonic offense capabilities from each potential launch platform of such system.
changed
the Secretary determines that Details with respect to the threat assessed level of missiles is advancing at a pace that requires additional capacity ambiguity and misinterpretation risk relating to the conventional prompt global strike weapon system, including such potential risks associated with warhead ambiguity, platform ambiguity (including if adversary sensors are degraded), perceptions of the ground-based midcourse system by 2023;survivability of strategic nuclear forces, and likely adversary responses.
changed
A description of whether, when, and how the Under Secretary determines that would address the waiver is appropriate risks identified under paragraph (2) in light of developing and deploying the assessment conducted by conventional prompt global strike weapon system and in developing the Director concept of Operational Test and Evaluation under subsection (c);operations for such system.
removed
the Secretary submits to the congressional defense committees a report containing—
removed
a notice of the waiver, including the rationale of the Secretary for making the waiver;
removed
a certification by the Secretary that the Secretary has analyzed and accepts the risk of making and implementing a lot production decision for the redesigned kill vehicle prior to the vehicle undergoing a successful flight intercept test; and
removed
the assessment of the Director of Operational Test and Evaluation under subsection (c); and
removed
a period of 30 days elapses following the date on which the Secretary submits the report under paragraph (4).
removed
Assessment on risks— The Director of Operational Test and Evaluation shall submit to the Secretary of Defense an assessment on the risks of making a lot production decision for the redesigned kill vehicle prior to the vehicle undergoing a successful flight intercept test.
removed
Report—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report on ways the Director could accelerate by at least one year the construction of Missile Field 4 at Fort Greely, Alaska, as well as the deployment of 20 ground-based interceptors with redesigned kill vehicles at such missile field.
removed
Contents— The report under paragraph (1) shall include the following:
removed
A threat-based description of the benefits and risks of accelerating the construction and deployment referred to in paragraph (1).
removed
A description of the technical and acquisition risks and potential effects on the reliability of the redesigned kill vehicle if deployment is accelerated as described in paragraph (1).
removed
A description of the cost implications of accelerating the construction and deployment referred to in paragraph (1).
removed
A description of the effect such acceleration would have on the redesigned kill vehicle flight test schedule and the overall integrated master test plan.
removed
A description of the effect that the acceleration described in paragraph (1) would have on re-tipping currently deployed exoatmospheric kill vehicles with the redesigned kill vehicle.
removed
A description of how such acceleration would align with the deployment of the long-range discrimination radar and the discrimination radar for homeland defense to be made operational in Hawaii.
removed
A cost-benefit analysis and a feasibility assessment for construction of a fifth missile field at Fort Greely, Alaska.
removed
Form— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1684 Report regarding industrial base for large solid rocket motors
added
Report—
added
In general— Not later than April 15, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretaries of the military departments that the Under Secretary determines appropriate, shall submit to the appropriate congressional committees a report on whether, and if so, how, the Federal Government will sustain more than one supplier for large solid rocket motors.
removed
Force structure assessment— The Secretary of the Navy, in consultation with the Director of the Missile Defense Agency, shall include in the first force structure assessment conducted following the date of the enactment of this Act the following:
changed
Matters included— An The report under paragraph (1) shall include an assessment of the requirements for ballistic missile defense capable ships.following:
added
The risks within the industrial base for large solid rocket motors, including the risks to national security.
added
The near- and long-term costs associated with having a single source of large solid rocket motors as compared to having more than one such source.
added
Options for sustaining more than one supplier for large solid rocket motors, including through leveraging—
added
the ground-based strategic deterrent program;
added
the Trident II D5 fleet ballistic missile program;
added
the ground-based midcourse defense program;
added
national security space launch programs;
added
programs of the National Aeronautics and Space Administration; and
added
any other applicable programs that use or may use solid rocket motors of any size, including with respect to substrategic and tactical systems.
removed
The force structure requirements associated with advanced ballistic missile defense capabilities.
changed
Force structure assessment defined—Briefing— The term force structure assessment has Not later than November 30, 2018, the meaning given Under Secretary shall provide to the term in Chief Committees on Armed Services of Naval Operations Instruction 3050.27.the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the industrial base for large solid rocket motors.
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
added
The congressional defense committees.
added
The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.
Sec. 1685 National intelligence estimate with respect to Russian and Chinese interference in democratic countries
added Not later than 270 days after the date of the enactment of this Act, the Director of National Intelligence shall commission and produce a National Intelligence Estimate, which may be submitted in classified form with an unclassified summary, on Russian and Chinese interference in democratic countries around the world, including the United States, that contains specific descriptions of such interference. Not later than 60 days after the submission of the National Intelligence Estimate required under this section, the Secretary of Defense shall report to Congress on efforts of the Department of Defense to deter such interference. Such report shall describe and assess any actions taken by the Department, including cooperation with other Federal agencies and other countries to deter such interference.
removed
Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of Defense may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of standard missile–3 block IB guided missiles.
removed
Authority for advance procurement— The Secretary may enter into one or more contracts for advance procurement associated with the missiles for which authorization to enter into a multiyear procurement contract is provided under subsection (a).
removed
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations for that purpose for such later fiscal year.
Sec. 1686 Limitation on availability of funds for Army lower tier air and missile defense sensor
removed
removed
Limitation— If the Secretary of the Army issues an acquisition strategy for a 360-degree lower tier air and missile defense sensor pursuant to section 1679(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1774) that proposes such sensor achieve initial operating capability later than December 31, 2023, not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for such sensor may be obligated or expended until the date on which the Secretary submits to the congressional defense committees a report—
removed
explaining the rationale of such delayed initial operating capability, including a description of any technological or acquisition-related factors causing such delay; and
removed
containing a funding profile and schedule to ensure that such sensor would achieve initial operating capability by December 31, 2023.
removed
Performance specification— The Secretary shall ensure that the performance specification of the 360-degree lower tier air and missile defense sensor—
removed
specifies requirements relating to—
removed
detecting and tracking complex attacks from air-breathing threats, tactical ballistic missiles, and emerging hypersonic weapons; and
removed
being a key component of the future integrated air and missile defense architecture of the Army and supporting engagements for the full range and capability of Patriot Advanced Capability–3 missile segment enhancement interceptors; and
removed
uses evaluation criteria that enable an understanding of the cost and value of procuring such sensor in accordance with such specified requirements.
Sec. 1687 Missile defense radar in Hawaii
removed
removed
Sense of Congress— It is the sense of Congress that the Secretary of Defense, acting through the Director of the Missile Defense Agency, and in coordination with relevant Federal and local entities, should—
removed
ensure an on-time delivery of the discrimination radar for homeland defense to be made operational in Hawaii; and
removed
accelerate the deployment of the radar as much as possible, contingent on the environmental review process pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
removed
Certification— Not later than 45 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall certify to the congressional defense committees that—
removed
the Director is on schedule to award the contract for the discrimination radar for homeland defense planned to be located in Hawaii by December 31, 2018; and
removed
such radar and associated in-flight interceptor communications system data terminal will be operational by not later than September 30, 2023.
removed
Updates—
removed
Monthly updates on delayed schedule— If the Director has not awarded the contract referred to in subsection (b)(1) by December 31, 2018, on a monthly basis beginning on such date and ending on the date on which the Director makes such award, the Director shall provide to the congressional defense committees an update explaining—
removed
the rationale for the delay in making such award; and
removed
any effects of such delay in making such radar and associated in-flight interceptor communications system data terminal operational by not later than September 30, 2023.
removed
Semiannual updates— Not later than June 3, 2019, and semiannually thereafter through 2021, the Director shall provide to the congressional defense committees an update on—
removed
the acquisition of the discrimination radar for homeland defense planned to be located in Hawaii and the associated in-flight interceptor communications system data terminal; and
removed
the environmental review process for such radar pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 1688 Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production
removed
removed
Sense of Congress— It is the sense of Congress that—
removed
the strong and enduring relationship between the United States and Israel is in the national security interest of both countries; and
removed
the memorandum of understanding signed by the United States and Israel on September 14, 2016, including the provisions of the memorandum relating to missile and rocket defense cooperation, is a critical component of the bilateral relationship.
removed
Iron Dome short-range rocket defense system—
removed
Availability of funds— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense Agency, $70,000,000 may be provided to the Government of Israel, in accordance with the memorandum of understanding signed by the United States and Israel on September 14, 2016, to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States.
removed
Conditions—
removed
Agreement— Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors.
removed
Certification— Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Director of the Missile Defense Agency and the Under Secretary of Defense for Acquisition and Sustainment shall jointly submit to the appropriate congressional committees—
removed
a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; and
removed
an assessment detailing any risks relating to the implementation of such agreement.
removed
Israeli Cooperative Missile Defense Program, David's Sling Weapon System co-production—
removed
In general— Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense Agency, $50,000,000 may be provided to the Government of Israel, in accordance with the memorandum of understanding signed by the United States and Israel on September 14, 2016, to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry.
removed
Certification— The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that—
removed
the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System;
removed
funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and
removed
the level of co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent.
removed
Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier Interceptor Program co-production—
removed
In general— Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense Agency, $80,000,000 may be provided to the Government of Israel, in accordance with the memorandum of understanding signed by the United States and Israel on September 14, 2016, for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry.
removed
Certification— Except as provided by paragraph (3), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that—
removed
the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreements for the Arrow 3 Upper Tier Interceptor Program;
removed
funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel);
removed
the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds—
removed
in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production;
removed
complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel;
removed
technical milestones for co-production of parts and components and procurement;
removed
a joint affordability working group to consider cost reduction initiatives; and
removed
joint approval processes for third-party sales; and
removed
the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent.
removed
Waiver— The Under Secretary may waive the certification required by paragraph (2) if the Under Secretary certifies to the appropriate congressional committees that the Under Secretary has received sufficient data from the Government of Israel to demonstrate—
removed
the funds specified in paragraph (1) are provided to Israel solely for funding the procurement of long-lead components and critical hardware in accordance with a production plan, including a funding profile detailing Israeli contributions for production, including long-lead production, of the Arrow 3 Upper Tier Interceptor Program;
removed
such long-lead components have successfully completed knowledge points, technical milestones, and production readiness reviews; and
removed
the long-lead procurement will be conducted in a manner that maximizes co-production in the United States without incurring nonrecurring engineering activity or cost other than such activity or cost required for suppliers of the United States to start or restart production in the United States.
removed
Number— In carrying out paragraph (2) of subsection (c) and paragraph (2) of subsection (d), the Under Secretary may submit—
removed
one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or
removed
separate certifications for each respective system.
removed
Timing— The Under Secretary shall submit to the congressional defense committees the certifications under paragraph (2) of subsection (c) and paragraph (2) of subsection (d) by not later than 60 days before the funds specified in paragraph (1) of subsections (c) and (d) for the respective system covered by the certification are provided to the Government of Israel.
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
removed
The congressional defense committees.
removed
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1689 Acceleration of hypersonic missile defense program
removed
removed
Acceleration of program— Subject to the availability of appropriations, the Director of the Missile Defense Agency shall accelerate the hypersonic missile defense program of the Missile Defense Agency.
removed
Deployment— The Director shall deploy such program in conjunction with a persistent space-based missile defense sensor program.
removed
Report—
removed
In general— Not later than 90 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on how hypersonic missile defense can be accelerated to meet emerging hypersonic threats.
removed
Contents— The report under paragraph (1) shall include the following:
removed
An estimate of the cost of the acceleration described in such paragraph.
removed
The technical requirements and acquisition plan needed for the Director to develop and deploy a hypersonic missile defense program.
removed
A testing campaign plan that accelerates the delivery of hypersonic defense systems to the warfighter.
removed
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1690 Report on ballistic missile defense
removed
removed
Report— Not later than 180 days after the date on which the Ballistic Missile Defense Review that commenced in 2017 is published, the Secretary of Defense shall submit to the congressional defense committees a report that addresses the implications of the recommendations of the Ballistic Missile Defense Review on current programs of record, costs and resource prioritization, and strategic stability.
removed
CBO report on costs—
removed
Report— Not later than one year after the date on which the Ballistic Missile Defense Review that commenced in 2017 is published, the Director of the Congressional Budget Office shall submit to the congressional defense committees a report setting forth an estimate of the costs over the 10-year period beginning on the date of the report associated with implementing any recommendations of the Ballistic Missile Defense Review.
removed
Form— The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1691 Sense of Congress on allied partnerships for missile defense
removed
removed
It is the sense of Congress that—
removed
the United States should seek additional opportunities, at the tactical, operational, and strategic levels, to provide missile defense capabilities, doctrine, interoperability, and planning to allies and trusted partners of the United States;
removed
an expedited foreign military sales arrangement would be beneficial in delivering such missile defenses to allies and trusted partners; and
removed
it is important to continue to work with allies and trusted partners to learn from their experience deploying successful missile defense technologies.
Sec. 1692 Sense of Congress on testing by Missile Defense Agency
removed
removed
It is the sense of Congress that—
removed
the Missile Defense Agency should, as part of the test program of the Agency, continue to build an independently accredited modeling and simulation element to better inform missile defense performance assessments and test criteria; and
removed
the Missile Defense Agency should continue to pursue an increasingly rigorous testing regime, in coordination with the Director of Operational Test and Evaluation, to more rapidly deliver capabilities to the warfighter as the threat evolves.
Sec. 1695 Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attacks and Similar Events
removed
removed
Section 1691 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1786) is amended—
removed
in subsection (e)—
removed
in paragraph (1)(A), by striking “April 1, 2019” and inserting “April 1, 2020”; and
removed
in paragraph (3), by striking “October 1, 2018” and inserting “October 1, 2019”; and
removed
in subsection (h), by striking “October 1, 2019” and inserting “October 1, 2020”.
Sec. 1696 Procurement of ammonium perchlorate and other chemicals for use in solid rocket motors
removed
removed
Business case analysis—
removed
Government-owned, contractor operated— The Secretary of the Army and the Under Secretary of Defense for Acquisition and Sustainment shall jointly conduct a business case analysis of the Federal Government using a Government-owned, contractor-operated model to ensure a robust domestic industrial base to supply specialty chemicals, including ammonium perchlorate, for use in solid rocket motors. Such analysis shall include assessments of the near- and long-term costs, operating and sustainment costs, program impacts, opportunities for competition, opportunities for redundant or complementary capabilities, and national security implications of using such a model.
removed
Report— Not later than March 1, 2019, the Secretary and the Under Secretary shall submit to the congressional defense committees the business case analysis conducted under paragraph (1).
removed
Annual reports on certain solid rocket motors—
removed
In general— Not later than December 31, 2018, and each year thereafter through 2021, the Secretary of Defense shall submit to the congressional defense committees an annual report on rockets or missiles provided to the Department of Defense during the year covered by the report that use a solid rocket motor that was, in whole or in part, recovered or recycled from a rocket motor previously owned by the Department of Defense.
removed
Matters included— Each report under paragraph (1) shall include, with respect to the year covered by the report, the following:
removed
An identification of which rockets or missiles covered by the report use recycled ammonium perchlorate.
removed
The quantity of such recovered or recycled ammonium perchlorate.
removed
Whether any of the solid rocket propellant, or sodium perchlorate precursor, to be used in the rocket or missile is imported from a foreign country, and if so, the identity of the country.
removed
Any other information the Secretary determines appropriate.
Sec. 1697 Budget exhibit on support provided to entities outside Department of Defense
removed
removed
In general— The Under Secretary of Defense (Comptroller) shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a single budget exhibit containing relevant details pertaining to support provided by the Department of Defense to the Executive Office of the President related to senior leader communications and continuity of Government programs.
removed
Inclusions— The budget exhibit required by subsection (a) shall include—
removed
support provided by the White House Military Office, the White House Communications Agency, special mission area activities of the Defense Information Systems Agency, and other relevant programs; and
removed
specific appropriation and line numbers where appropriate.
removed
Form— The budget exhibit required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1698 Conventional prompt global strike hypersonic capabilities
removed
removed
Validated requirements— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a validated requirement for ground-, sea-, or air-launched (or a combination thereof) conventional prompt global strike hypersonic capabilities.
removed
Report— Not later than January 31, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a report that contains the following:
removed
A plan to deliver a conventional prompt global strike weapon system that—
removed
is in accordance with section 1693 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1791); and
removed
includes—
removed
options with cost estimates for accelerating the initial capability for such system; and
removed
a description of policy decisions by the Secretary of Defense that are necessary to employ hypersonic offense capabilities from each potential launch platform of such system.
removed
Details with respect to the assessed level of ambiguity and misinterpretation risk relating to the conventional prompt global strike weapon system, including such potential risks associated with weapon ambiguity (including if adversary sensors are degraded), perceptions of the survivability of strategic nuclear forces, and likely adversary responses.
removed
A description of whether, when, and how the Under Secretary of Defense for Policy would address the risks identified under paragraph (2) in developing and deploying the conventional prompt global strike weapon system and in developing the concept of operations for such system.
Sec. 1699 Report regarding industrial base for large solid rocket motors
removed
removed
Report—
removed
In general— Not later than April 15, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretaries of the military departments that the Under Secretary determines appropriate, shall submit to the appropriate congressional committees a report on whether, and if so, how, the Federal Government will sustain more than one supplier for large solid rocket motors.
removed
Matters included— The report under paragraph (1) shall include an assessment of the following:
removed
The risks within the industrial base for large solid rocket motors, including the risks to national security.
removed
The near- and long-term costs associated with having a single source of large solid rocket motors as compared to having more than one such source.
removed
Options for sustaining more than one supplier for large solid rocket motors, including through leveraging—
removed
the ground-based strategic deterrent program;
removed
the Trident II D5 fleet ballistic missile program;
removed
the ground-based midcourse defense program;
removed
national security space launch programs;
removed
programs of the National Aeronautics and Space Administration; and
removed
any other applicable programs that use or may use solid rocket motors of any size, including with respect to substrategic and tactical systems.
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
removed
The congressional defense committees.
removed
The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.
Sec. 1701 Short title: Foreign Investment Risk Review Modernization Act of 2018
removed
removed
This subtitle may be cited as the “Foreign Investment Risk Review Modernization Act of 2018”.
Sec. 1702 Findings; sense of Congress
removed
removed
Findings— Congress makes the following findings:
removed
According to a February 2016 report by the International Trade Administration of the Department of Commerce, 12,000,000 United States workers, equivalent to 8.5 percent of the labor force, have jobs resulting from foreign investment, including 3,500,000 jobs in the manufacturing sector alone.
removed
In 2016, new foreign direct investment in United States manufacturing totaled $129,400,000,000.
removed
The Bureau of Economic Analysis of the Department of Commerce concluded that, in 2015—
removed
foreign-owned affiliates in the United States—
removed
contributed $894,500,000,000 in value added to the United States economy;
removed
exported goods valued at $352,800,000,000, accounting for nearly a quarter of total exports of goods from the United States; and
removed
undertook $56,700,000,000 in research and development; and
removed
the 7 countries investing the most in the United States, all of which are United States allies (the United Kingdom, Japan, Germany, France, Canada, Switzerland, and the Netherlands) accounted for 72.1 percent of the value added by foreign-owned affiliates in the United States and more than 80 percent of research and development expenditures by such entities.
removed
According to the Government Accountability Office, from 2011 to 2016, the number of transactions reviewed by the Committee on Foreign Investment in the United States (commonly referred to as “CFIUS”) grew by 55 percent, while the staff of the Committees assigned to the reviews increased by 11 percent.
removed
According to a February 2018 report of the Government Accountability Office on the Committee on Foreign Investment in the United States (GAO–18–249): “Officials from Treasury and other member agencies are aware of pressures on their CFIUS staff given the current workload and have expressed concerns about possible workload increases.”. The Government Accountability Office concluded: “Without attaining an understanding of the staffing levels needed to address the current and future CFIUS workload, particularly if legislative changes to CFIUS’s authorities further expand its workload, CFIUS may be limited in its ability to fulfill its objectives and address threats to the national security of the United States.”.
removed
On March 30, 1954, Dwight David Eisenhower—five-star general, Supreme Allied Commander, and 34th President of the United States—in his “Special Message to the Congress on Foreign Economic Policy”, counseled: “Great mutual advantages to buyer and seller, to producer and consumer, to investor and to the community where investment is made, accrue from high levels of trade and investment.”. President Eisenhower continued: “The internal strength of the American economy has evolved from such a system of mutual advantage. In the press of other problems and in the haste to meet emergencies, this nation—and many other nations of the free world—have all too often lost sight of this central fact.”. President Eisenhower concluded: “If we fail in our trade policy, we may fail in all. Our domestic employment, our standard of living, our security, and the solidarity of the free world—all are involved.”.
removed
Sense of Congress— It is the sense of Congress that—
removed
foreign investment provides substantial economic benefits to the United States, including the promotion of economic growth, productivity, competitiveness, and job creation, thereby enhancing national security;
removed
maintaining the commitment of the United States to an open investment policy encourages other countries to reciprocate and helps open new foreign markets for United States businesses;
removed
it should continue to be the policy of the United States to enthusiastically welcome and support foreign investment, consistent with the protection of national security;
removed
at the same time, the national security landscape has shifted in recent years, and so has the nature of the investments that pose the greatest potential risk to national security, which warrants an appropriate modernization of the processes and authorities of the Committee on Foreign Investment in the United States and of the United States export control system;
removed
the Committee on Foreign Investment in the United States plays a critical role in protecting the national security of the United States, and, therefore, it is essential that the member agencies of the Committee are adequately resourced and able to hire appropriately qualified individuals in a timely manner, and that those individuals’ security clearances are processed as a high priority;
removed
the President should conduct a more robust international outreach effort to urge and help allies and partners of the United States to establish processes that are similar to the Committee on Foreign Investment in the United States to screen foreign investments for national security risks and to facilitate coordination;
removed
the President should lead a collaborative effort with allies and partners of the United States to strengthen the multilateral export control regime;
removed
any penalties imposed by the United States Government with respect to an individual or entity pursuant to a determination that the individual or entity has violated sanctions imposed by the United States or the export control laws of the United States should not be reversed for reasons unrelated to the national security of the United States; and
removed
the Committee on Foreign Investment in the United States should continue to review transactions for the purpose of protecting national security and should not consider issues of national interest absent a national security nexus.
removed
Sense of Congress on consideration of covered transactions— It is the sense of Congress that, when considering national security risks, the Committee on Foreign Investment in the United States may consider—
removed
whether a covered transaction involves a country of special concern that has a demonstrated or declared strategic goal of acquiring a type of critical technology or critical infrastructure that would affect United States leadership in areas related to national security;
removed
the potential national security-related effects of the cumulative control of, or pattern of recent transactions involving, any one type of critical infrastructure, energy asset, critical material, or critical technology by a foreign government or foreign person;
removed
whether any foreign person engaging in a covered transaction with a United States business has a history of complying with United States laws and regulations;
removed
the control of United States industries and commercial activity by foreign persons as it affects the capability and capacity of the United States to meet the requirements of national security, including the availability of human resources, products, technology, materials, and other supplies and services, and in considering “the availability of human resources”, should construe that term to include potential losses of such availability resulting from reductions in the employment of United States persons whose knowledge or skills are critical to national security, including the continued production in the United States of items that are likely to be acquired by the Department of Defense or other Federal departments or agencies for the advancement of the national security of the United States;
removed
the extent to which a covered transaction is likely to expose, either directly or indirectly, personally identifiable information, genetic information, or other sensitive data of United States citizens to access by a foreign government or foreign person that may exploit that information in a manner that threatens national security; and
removed
whether a covered transaction is likely to have the effect of exacerbating or creating new cybersecurity vulnerabilities in the United States or is likely to result in a foreign government gaining a significant new capability to engage in malicious cyber-enabled activities against the United States, including such activities designed to affect the outcome of any election for Federal office.
Sec. 1703 Definitions
removed
removed
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended to read as follows:
removed
“(a) Definitions—In this section:
removed
“(1) Clarification—The term national security shall be construed so as to include those issues relating to “homeland security”, including its application to critical infrastructure.
removed
“(2) Committee; chairperson—The terms Committee and chairperson mean the Committee on Foreign Investment in the United States and the chairperson thereof, respectively.
removed
“(3) Control—The term control means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Committee.
removed
“(4) Covered transaction
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“(A) In general—Except as otherwise provided, the term covered transaction means—
removed
“(i) any transaction described in subparagraph (B)(i); and
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“(ii) any transaction described in clauses (ii) through (v) of subparagraph (B) that is proposed, pending, or completed on or after the effective date set forth in section 1727 of the Foreign Investment Risk Review Modernization Act of 2018.
removed
“(B) Transactions described—A transaction described in this subparagraph is any of the following:
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“(i) Any merger, acquisition, or takeover that is proposed or pending after August 23, 1988, by or with any foreign person that could result in foreign control of any United States business, including such a merger, acquisition, or takeover carried out through a joint venture.
removed
“(ii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private or public real estate that—
removed
“(I) is located in the United States;
removed
“(II)
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“(aa) is, is located within, or will function as part of, an air or maritime port; or
removed
“(bb)
removed
“(AA) is in close proximity to a United States military installation or another facility or property of the United States Government that is sensitive for reasons relating to national security;
removed
“(BB) could reasonably provide the foreign person the ability to collect intelligence on activities being conducted at such an installation, facility, or property; or
removed
“(CC) could otherwise expose national security activities at such an installation, facility, or property to the risk of foreign surveillance; and
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“(III) meets such other criteria as the Committee prescribes by regulation, except that such criteria may not expand the categories of real estate to which this clause applies beyond the categories described in subclause (II).
removed
“(iii) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that—
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“(I) owns, operates, manufactures, supplies, or services critical infrastructure;
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“(II) produces, designs, tests, manufactures, fabricates, or develops one or more critical technologies; or
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“(III) maintains or collects sensitive personal data of United States citizens that may be exploited in a manner that threatens national security.
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“(iv) Any change in the rights that a foreign person has with respect to a United States business in which the foreign person has an investment, if that change could result in—
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“(I) foreign control of the United States business; or
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“(II) an investment described in clause (iii).
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“(v) Any other transaction, transfer, agreement, or arrangement, the structure of which is designed or intended to evade or circumvent the application of this section, subject to regulations prescribed by the Committee.
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“(C) Real estate transactions
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“(i) Exception for certain real estate transactions—A real estate purchase, lease, or concession described in subparagraph (B)(ii) does not include a purchase, lease, or concession of—
removed
“(I) a single “housing unit”, as defined by the Census Bureau; or
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“(II) real estate in “urbanized areas”, as defined by the Census Bureau in the most recent census, except as otherwise prescribed by the Committee in regulations in consultation with the Secretary of Defense.
removed
“(ii) Definition of close proximity—With respect to a real estate purchase, lease, or concession described in subparagraph (B)(ii)(II)(bb)(AA), the Committee shall prescribe regulations to ensure that the term close proximity refers only to a distance or distances within which the purchase, lease, or concession of real estate could pose a national security risk in connection with a United States military installation or another facility or property of the United States Government described in that subparagraph.
removed
“(D) Other investments
removed
“(i) Other investment defined—For purposes of subparagraph (B)(iii), the term other investment means an investment, direct or indirect, by a foreign person in a United States business described in that subparagraph that is not an investment described in subparagraph (B)(i) and that affords the foreign person—
removed
“(I) access to any material nonpublic technical information in the possession of the United States business;
removed
“(II) membership or observer rights on the board of directors or equivalent governing body of the United States business or the right to nominate an individual to a position on the board of directors or equivalent governing body; or
removed
“(III) any involvement, other than through voting of shares, in substantive decisionmaking of the United States business regarding—
removed
“(aa) the use, development, acquisition, safekeeping, or release of sensitive personal data of United States citizens maintained or collected by the United States business;
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“(bb) the use, development acquisition, or release of critical technologies; or
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“(cc) the management, operation, manufacture, or supply of critical infrastructure.
removed
“(ii) Material nonpublic technical information defined
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“(I) In general—For purposes of clause (i)(I), and subject to regulations prescribed by the Committee, the term material nonpublic technical information means information that—
removed
“(aa) provides knowledge, know-how, or understanding, not available in the public domain, of the design, location, or operation of critical infrastructure; or
removed
“(bb) is not available in the public domain, and is necessary to design, fabricate, develop, test, produce, or manufacture critical technologies, including processes, techniques, or methods.
removed
“(II) Exemption for financial information—Notwithstanding subclause (I), for purposes of this subparagraph, the term material nonpublic technical information does not include financial information regarding the performance of a United States business.
removed
“(iii) Regulations
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“(I) In general—The Committee shall prescribe regulations providing guidance on the types of transactions that the Committee considers to be “other investment” for purposes of subparagraph (B)(iii).
removed
“(II) United States businesses that own, operate, manufacture, supply, or service critical infrastructure—The regulations prescribed by the Committee with respect to an investment described in subparagraph (B)(iii)(I) shall—
removed
“(aa) specify the critical infrastructure subject to that subparagraph based on criteria intended to limit application of that subparagraph to the subset of critical infrastructure that is likely to be of importance to the national security of the United States; and
removed
“(bb) enumerate specific types and examples of such critical infrastructure.
removed
“(iv) Specific clarification for investment funds
removed
“(I) Treatment of certain investment fund investments—Notwithstanding clause (i)(II) and subject to regulations prescribed by the Committee, an indirect investment by a foreign person in a United States business described in subparagraph (B)(iii) through an investment fund that affords the foreign person (or a designee of the foreign person) membership as a limited partner or equivalent on an advisory board or a committee of the fund shall not be considered an “other investment” for purposes of subparagraph (B)(iii) if—
removed
“(aa) the fund is managed exclusively by a general partner, a managing member, or an equivalent;
removed
“(bb) the general partner, managing member, or equivalent is not a foreign person;
removed
“(cc) the advisory board or committee does not have the ability to approve, disapprove, or otherwise control—
removed
“(AA) investment decisions of the fund; or
removed
“(BB) decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested;
removed
“(dd) the foreign person does not otherwise have the ability to control the fund, including the authority—
removed
“(AA) to approve, disapprove, or otherwise control investment decisions of the fund;
removed
“(BB) to approve, disapprove, or otherwise control decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested; or
removed
“(CC) to unilaterally dismiss, prevent the dismissal of, select, or determine the compensation of the general partner, managing member, or equivalent;
removed
“(ee) the foreign person does not have access to material nonpublic technical information as a result of its participation on the advisory board or committee; and
removed
“(ff) the investment otherwise meets the requirements of this subparagraph.
removed
“(II) Treatment of certain waivers
removed
“(aa) In general—For the purposes of items (cc) and (dd) of subclause (I) and except as provided in item (bb), a waiver of a potential conflict of interest, a waiver of an allocation limitation, or a similar activity, applicable to a transaction pursuant to the terms of an agreement governing an investment fund shall not be considered to constitute control of investment decisions of the fund or decisions relating to entities in which the fund is invested.
removed
“(bb) Exception—The Committee may prescribe regulations providing for exceptions to item (aa) for extraordinary circumstances.
removed
“(v) Exception for air carriers—For purposes of subparagraph (B)(iii), the term “other investment” does not include an investment involving an air carrier, as defined in section 40102(a)(2) of title 49, United States Code, that holds a certificate issued under section 41102 of that title.
removed
“(vi) Rule of construction—Any definition of “critical infrastructure” established under any provision of law other than this section shall not be determinative for purposes of this section.
removed
“(E) Country specification—The Committee shall prescribe regulations that further define the term “foreign person” for purposes of clauses (ii) and (iii) of subparagraph (B). In prescribing such regulations, the Committee shall specify criteria to limit the application of such clauses to the investments of certain categories of foreign persons. Such criteria shall take into consideration how a foreign person is connected to a foreign country or foreign government, and whether the connection may affect the national security of the United States.
removed
“(F) Transfers of certain assets pursuant to bankruptcy proceedings or other defaults—The Committee shall prescribe regulations to clarify that the term covered transaction includes any transaction described in subparagraph (B) that arises pursuant to a bankruptcy proceeding or other form of default on debt.
removed
“(5) Critical infrastructure—The term critical infrastructure means, subject to regulations prescribed by the Committee, systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on national security.
removed
“(6) Critical technologies
removed
“(A) In general—The term critical technologies means the following:
removed
“(i) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations.
removed
“(ii) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
removed
“(I) pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
removed
“(II) for reasons relating to regional stability or surreptitious listening.
removed
“(iii) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities).
removed
“(iv) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material).
removed
“(v) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code.
removed
“(vi) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018.
removed
“(B) Recommendations
removed
“(i) In general—The chairperson may recommend technologies for identification under the interagency process set forth in section 1758(a) of the Export Control Reform Act of 2018.
removed
“(ii) Matters informing recommendations—Recommendations by the chairperson under clause (i) shall draw upon information arising from reviews and investigations conducted under subsection (b), notices submitted under subsection (b)(1)(C)(i), declarations filed under subsection (b)(1)(C)(v), and non-notified and non-declared transactions identified under subsection (b)(1)(H).
removed
“(7) Foreign government-controlled transaction—The term foreign government-controlled transaction means any covered transaction that could result in the control of any United States business by a foreign government or an entity controlled by or acting on behalf of a foreign government.
removed
“(8) Intelligence community—The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
removed
“(9) Investment—The term investment means the acquisition of equity interest, including contingent equity interest, as further defined in regulations prescribed by the Committee.
removed
“(10) Lead agency—The term lead agency means the agency or agencies designated as the lead agency or agencies pursuant to subsection (k)(5).
removed
“(11) Party—The term party has the meaning given that term in regulations prescribed by the Committee.
removed
“(12) United States—The term United States means the several States, the District of Columbia, and any territory or possession of the United States.
removed
“(13) United States business—The term United States business means a person engaged in interstate commerce in the United States.”
Sec. 1704 Acceptance of written notices
removed
removed
Section 721(b)(1)(C)(i) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(i)) is amended—
removed
by striking “Any party” and inserting the following:
removed
“(I) In general—Any party”
removed
by adding at the end the following:
removed
“(II) Comments and acceptance
removed
“(aa) In general—Subject to item (cc), the Committee shall provide comments on a draft or formal written notice or accept a formal written notice submitted under subclause (I) with respect to a covered transaction not later than the date that is 10 business days after the date of submission of the draft or formal written notice.
removed
“(bb) Completeness—If the Committee determines that a draft or formal written notice described in item (aa) is not complete, the Committee shall notify the party or parties to the transaction in writing that the notice is not complete and provide an explanation of all material respects in which the notice is incomplete.
removed
“(cc) Stipulations required—The timing requirement under item (aa) shall apply only in a case in which the parties stipulate under clause (vi) that the transaction is a covered transaction.”
Sec. 1705 Inclusion of partnership and side agreements in notice
removed
removed
Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)) is amended by adding at the end the following:
removed
“(iv) Inclusion of partnership and side agreements—The Committee may require a written notice submitted under clause (i) to include a copy of any partnership agreements, integration agreements, or other side agreements relating to the transaction, as specified in regulations prescribed by the Committee.”
Sec. 1706 Declarations for certain covered transactions
removed
removed
Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended by section 1705, is further amended by adding at the end the following:
removed
“(v) Declarations for certain covered transactions
removed
“(I) In general—A party to any covered transaction may submit to the Committee a declaration with basic information regarding the transaction instead of a written notice under clause (i).
removed
“(II) Regulations—The Committee shall prescribe regulations establishing requirements for declarations submitted under this clause. In prescribing such regulations, the Committee shall ensure that such declarations are submitted as abbreviated notifications that would not generally exceed 5 pages in length.
removed
“(III) Committee response to declaration
removed
“(aa) In general—Upon receiving a declaration under this clause with respect to a covered transaction, the Committee may, at the discretion of the Committee—
removed
“(AA) request that the parties to the transaction file a written notice under clause (i);
removed
“(BB) inform the parties to the transaction that the Committee is not able to complete action under this section with respect to the transaction on the basis of the declaration and that the parties may file a written notice under clause (i) to seek written notification from the Committee that the Committee has completed all action under this section with respect to the transaction;
removed
“(CC) initiate a unilateral review of the transaction under subparagraph (D); or
removed
“(DD) notify the parties in writing that the Committee has completed all action under this section with respect to the transaction.
removed
“(bb) Timing—The Committee shall take action under item (aa) not later than 30 days after receiving a declaration under this clause.
removed
“(cc) Rule of construction—Nothing in this subclause (other than item (aa)(CC)) shall be construed to affect the authority of the President or the Committee to take any action authorized by this section with respect to a covered transaction.
removed
“(IV) Mandatory declarations
removed
“(aa) Regulations—The Committee shall prescribe regulations specifying the types of covered transactions for which the Committee requires a declaration under this subclause.
removed
“(bb) Certain covered transactions with foreign government interests
removed
“(AA) In general—Except as provided in subitem (BB), the parties to a covered transaction shall submit a declaration described in subclause (I) with respect to the transaction if the transaction involves an investment that results in the acquisition, directly or indirectly, of a substantial interest in a United States business described in subsection (a)(4)(B)(iii) by a foreign person in which a foreign government has, directly or indirectly, a substantial interest.
removed
“(BB) Substantial interest defined—In this item, the term substantial interest has the meaning given that term in regulations which the Committee shall prescribe. In developing those regulations, the Committee shall consider the means by which a foreign government could influence the actions of a foreign person, including through board membership, ownership interest, or shareholder rights. An interest that is excluded under subparagraph (D) of subsection (a)(4) from the term “other investment” as used in subparagraph (B)(iii) of that subsection or that is less than a 10 percent voting interest shall not be considered a substantial interest.
removed
“(CC) Waiver—The Committee may waive, with respect to a foreign person, the requirement under subitem (AA) for the submission of a declaration described in subclause (I) if the Committee determines that the foreign person demonstrates that the investments of the foreign person are not directed by a foreign government and the foreign person has a history of cooperation with the Committee.
removed
“(cc) Other declarations required by committee—The Committee may require the submission of a declaration described in subclause (I) with respect to any covered transaction identified under regulations prescribed by the Committee for purposes of this item, at the discretion of the Committee, that involves a United States business described in subsection (a)(4)(B)(iii)(II).
removed
“(dd) Exception—The submission of a declaration described in subclause (I) shall not be required pursuant to this subclause with respect to an investment by an investment fund if—
removed
“(AA) the fund is managed exclusively by a general partner, a managing member, or an equivalent;
removed
“(BB) the general partner, managing member, or equivalent is not a foreign person; and
removed
“(CC) the investment fund satisfies, with respect to any foreign person with membership as a limited partner on an advisory board or a committee of the fund, the criteria specified in items (cc) and (dd) of subsection (a)(4)(D)(iv).
removed
“(ee) Submission of written notice as an alternative—Parties to a covered transaction for which a declaration is required under this subclause may instead elect to submit a written notice under clause (i).
removed
“(ff) Timing and refiling of submission
removed
“(AA) In general—In the regulations prescribed under item (aa), the Committee may not require a declaration to be submitted under this subclause with respect to a covered transaction more than 45 days before the completion of the transaction.
removed
“(BB) Refiling of declaration—The Committee may not request or recommend that a declaration submitted under this subclause be withdrawn and refiled, except to permit parties to a covered transaction to correct material errors or omissions in the declaration submitted with respect to that transaction.
removed
“(gg) Penalties—The Committee may impose a penalty pursuant to subsection (h)(3) with respect to a party that fails to comply with this subclause.”
Sec. 1707 Stipulations regarding transactions
removed
removed
Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended by section 1706, is further amended by adding at the end the following:
removed
“(vi) Stipulations regarding transactions
removed
“(I) In general—In a written notice submitted under clause (i) or a declaration submitted under clause (v) with respect to a transaction, a party to the transaction may—
removed
“(aa) stipulate that the transaction is a covered transaction; and
removed
“(bb) if the party stipulates that the transaction is a covered transaction under item (aa), stipulate that the transaction is a foreign government-controlled transaction.
removed
“(II) Basis for stipulation—A written notice submitted under clause (i) or a declaration submitted under clause (v) that includes a stipulation under subclause (I) shall include a description of the basis for the stipulation.”
Sec. 1708 Authority for unilateral initiation of reviews
removed
removed
Section 721(b)(1) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)) is amended—
removed
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;
removed
in subparagraph (D)—
removed
in the matter preceding clause (i), by striking “subparagraph (F)” and inserting “subparagraph (G)”;
removed
in clause (i), by inserting “(other than a covered transaction described in subparagraph (E))” after “any covered transaction”;
removed
by striking clause (ii) and inserting the following:
removed
“(ii) any covered transaction described in subparagraph (E), if any party to the transaction submitted false or misleading material information to the Committee in connection with the Committee’s consideration of the transaction or omitted material information, including material documents, from information submitted to the Committee; or”
removed
in clause (iii)—
removed
in the matter preceding subclause (I), by striking “any covered transaction that has previously been reviewed or investigated under this section,” and inserting “any covered transaction described in subparagraph (E),”;
removed
in subclause (I), by striking “intentionally”;
removed
in subclause (II), by striking “an intentional” and inserting “a”; and
removed
in subclause (III), by inserting “adequate and appropriate” before “remedies or enforcement tools”; and
removed
by inserting after subparagraph (D) the following:
removed
“(E) Covered transactions described—A covered transaction is described in this subparagraph if—
removed
“(i) the Committee has informed the parties to the transaction in writing that the Committee has completed all action under this section with respect to the transaction; or
removed
“(ii) the President has announced a decision not to exercise the President’s authority under subsection (d) with respect to the transaction.”
Sec. 1709 Timing for reviews and investigations
removed
removed
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)), as amended by section 1708, is further amended—
removed
in paragraph (1)(F), by striking “30” and inserting “45”;
removed
in paragraph (2), by striking subparagraph (C) and inserting the following:
removed
“(C) Timing
removed
“(i) In general—Except as provided in clause (ii), any investigation under subparagraph (A) shall be completed before the end of the 45-day period beginning on the date on which the investigation commenced.
removed
“(ii) Extension for extraordinary circumstances
removed
“(I) In general—In extraordinary circumstances (as defined by the Committee in regulations), the chairperson may, at the request of the head of the lead agency, extend an investigation under subparagraph (A) for one 15-day period.
removed
“(II) Nondelegation—The authority of the chairperson and the head of the lead agency referred to in subclause (I) may not be delegated to any person other than the Deputy Secretary of the Treasury or the deputy head (or equivalent thereof) of the lead agency, as the case may be.
removed
“(III) Notification to parties—If the Committee extends the deadline under subclause (I) with respect to a covered transaction, the Committee shall notify the parties to the transaction of the extension.”
removed
by adding at the end the following:
removed
“(8) Tolling of deadlines during lapse in appropriations—Any deadline or time limitation under this subsection shall be tolled during a lapse in appropriations.”
Sec. 1710 Identification of non-notified and non-declared transactions
removed
removed
Section 721(b)(1) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)), as amended by sections 1708 and 1709, is further amended by adding at the end the following:
removed
“(H) Identification of non-notified and non-declared transactions—The Committee shall establish a process to identify covered transactions for which—
removed
“(i) a notice under clause (i) of subparagraph (C) or a declaration under clause (v) of that subparagraph is not submitted to the Committee; and
removed
“(ii) information is reasonably available.”
Sec. 1711 Submission of certifications to Congress
removed
removed
Section 721(b)(3)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)(C)) is amended—
removed
in clause (i), by striking subclause (II) and inserting the following:
removed
“(II) a certification that all relevant national security factors have received full consideration.”
removed
in clause (iv), by striking subclause (II) and inserting the following:
removed
“(II) Delegation of certifications
removed
“(aa) In general—Subject to item (bb), the chairperson, in consultation with the Committee, may determine the level of official to whom the signature requirement under subclause (I) for the chairperson and the head of the lead agency may be delegated. The level of official to whom the signature requirement may be delegated may differ based on any factor relating to a transaction that the chairperson, in consultation with the Committee, deems appropriate, including the type or value of the transaction.
removed
“(bb) Limitation on delegation with respect to certain transactions—The signature requirement under subclause (I) may be delegated not below the level of the Assistant Secretary of the Treasury or an equivalent official of the lead agency.”
removed
by adding at the end the following:
removed
“(v) Authority to consolidate documents—Instead of transmitting a separate certified notice or certified report under subparagraph (A) or (B) with respect to each covered transaction, the Committee may, on a monthly basis, transmit such notices and reports in a consolidated document to the Members of Congress specified in clause (iii).”
Sec. 1712 Analysis by Director of National Intelligence
removed
removed
Section 721(b)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(4)) is amended—
removed
by striking subparagraph (A) and inserting the following:
removed
“(A) Analysis required
removed
“(i) In general—Except as provided in subparagraph (B), the Director of National Intelligence shall expeditiously carry out a thorough analysis of any threat to the national security of the United States posed by any covered transaction, which shall include the identification of any recognized gaps in the collection of intelligence relevant to the analysis.
removed
“(ii) Views of intelligence community—The Director shall seek and incorporate into the analysis required by clause (i) the views of all affected or appropriate agencies of the intelligence community with respect to the transaction.
removed
“(iii) Updates—At the request of the lead agency, the Director shall update the analysis conducted under clause (i) with respect to a covered transaction with respect to which an agreement was entered into under subsection (l)(3)(A).
removed
“(iv) Independence and objectivity—The Committee shall ensure that its processes under this section preserve the ability of the Director to conduct analysis under clause (i) that is independent, objective, and consistent with all applicable directives, policies, and analytic tradecraft standards of the intelligence community.”
removed
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively;
removed
by inserting after subparagraph (A) the following:
removed
“(B) Basic threat information
removed
“(i) In general—The Director of National Intelligence may provide the Committee with basic information regarding any threat to the national security of the United States posed by a covered transaction described in clause (ii) instead of conducting the analysis required by subparagraph (A).
removed
“(ii) Covered transaction described—A covered transaction is described in this clause if—
removed
“(I) the transaction is described in subsection (a)(4)(B)(ii);
removed
“(II) the Director of National Intelligence has completed an analysis pursuant to subparagraph (A) involving each foreign person that is a party to the transaction during the 12 months preceding the review or investigation of the transaction under this section; or
removed
“(III) the transaction otherwise meets criteria agreed upon by the Committee and the Director for purposes of this subparagraph.”
removed
in subparagraph (C), as redesignated by paragraph (2), by striking “20” and inserting “30”; and
removed
by adding at the end the following:
removed
“(F) Assessment of operational impact—The Director may provide to the Committee an assessment, separate from the analyses under subparagraphs (A) and (B), of any operational impact of a covered transaction on the intelligence community and a description of any actions that have been or will be taken to mitigate any such impact.
removed
“(G) Submission to Congress—The Committee shall submit the analysis required by subparagraph (A) with respect to a covered transaction to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives upon the conclusion of action under this section (other than compliance plans under subsection (l)(6)) with respect to the transaction.”
Sec. 1713 Information sharing
removed
removed
Section 721(c) of the Defense Production Act of 1950 (50 U.S.C. 4565(c)) is amended—
removed
by striking “Any information” and inserting the following:
removed
“(1) In general—Except as provided in paragraph (2), any information”
removed
by striking “, except as may be relevant” and all that follows and inserting a period; and
removed
by adding at the end the following:
removed
“(2) Exceptions—Paragraph (1) shall not prohibit the disclosure of the following:
removed
“(A) Information relevant to any administrative or judicial action or proceeding.
removed
“(B) Information to Congress or any duly authorized committee or subcommittee of Congress.
removed
“(C) Information important to the national security analysis or actions of the Committee to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the chairperson, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
removed
“(D) Information that the parties have consented to be disclosed to third parties.
removed
“(3) Cooperation with allies and partners
removed
“(A) In general—The chairperson, in consultation with other members of the Committee, should establish a formal process for the exchange of information under paragraph (2)(C) with governments of countries that are allies or partners of the United States, in the discretion of the chairperson, to protect the national security of the United States and those countries.
removed
“(B) Requirements—The process established under subparagraph (A) should, in the discretion of the chairperson—
removed
“(i) be designed to facilitate the harmonization of action with respect to trends in investment and technology that could pose risks to the national security of the United States and countries that are allies or partners of the United States;
removed
“(ii) provide for the sharing of information with respect to specific technologies and entities acquiring such technologies as appropriate to ensure national security; and
removed
“(iii) include consultations and meetings with representatives of the governments of such countries on a recurring basis.”
Sec. 1714 Action by the President
removed
removed
Section 721(d)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(d)(2)) is amended by striking “not later than 15 days” and all that follows and inserting the following: “with respect to a covered transaction not later than 15 days after the earlier of—
removed
“(A) the date on which the investigation of the transaction under subsection (b) is completed; or
removed
“(B) the date on which the Committee otherwise refers the transaction to the President under subsection (l)(2).”
Sec. 1715 Judicial review
removed
removed
Section 721(e) of the Defense Production Act of 1950 (50 U.S.C. 4565(e)) is amended—
removed
by striking “The actions” and inserting the following:
removed
“(1) In general—The actions”
removed
by adding at the end the following:
removed
“(2) Civil actions—A civil action challenging an action or finding under this section may be brought only in the United States Court of Appeals for the District of Columbia Circuit.
removed
“(3) Procedures for review of privileged information—If a civil action challenging an action or finding under this section is brought, and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the challenge, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal.
removed
“(4) Applicability of use of information provisions—The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a civil action brought under this subsection.”
Sec. 1716 Considerations for regulations
removed
removed
Section 721(h) of the Defense Production Act of 1950 (50 U.S.C. 4565(h)) is amended—
removed
by striking paragraph (2);
removed
by redesignating paragraph (3) as paragraph (2); and
removed
in paragraph (2), as redesignated—
removed
in subparagraph (A), by striking “including any mitigation” and all that follows through “subsection (l)” and inserting “including any mitigation agreement entered into, conditions imposed, or order issued pursuant to this section”;
removed
in subparagraph (B)(ii), by striking “and” at the end;
removed
in subparagraph (C), by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following:
removed
“(D) provide that, in any review or investigation of a covered transaction conducted by the Committee under subsection (b), the Committee should—
removed
“(i) consider the factors specified in subsection (f); and
removed
“(ii) as appropriate, require parties to provide to the Committee the information necessary to consider such factors.”
Sec. 1717 Membership and staff of Committee
removed
removed
Hiring authority— Section 721(k) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)) is amended by striking paragraph (4) and inserting the following:
removed
“(4) Hiring authority
removed
“(A) Senior officials
removed
“(i) In general—Each member of the Committee shall designate an Assistant Secretary, or an equivalent official, who is appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the member of the Committee may delegate.
removed
“(ii) Department of the Treasury
removed
“(I) In general—There shall be established in the Office of International Affairs at the Department of the Treasury 2 additional positions of Assistant Secretary of the Treasury, who shall be appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the Secretary of the Treasury may delegate, consistent with this section.
removed
“(II) Assistant Secretary for Investment Security—One of the positions of Assistant Secretary of the Treasury authorized under subclause (I) shall be the Assistant Secretary for Investment Security, whose duties shall be principally related to the Committee, as delegated by the Secretary of the Treasury under this section.
removed
“(B) Special hiring authority—The heads of the departments and agencies represented on the Committee may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service (as defined in section 2102 of that title) in their respective departments and agencies. The primary responsibility of positions authorized under the preceding sentence shall be to administer this section.”
removed
Procedures for recusal of members of Committee for conflicts of interest— Not later than 90 days after the date of the enactment of this Act, the Committee on Foreign Investment in the United States shall—
removed
establish procedures for the recusal of any member of the Committee that has a conflict of interest with respect to a covered transaction (as defined in section 721(a) of the Defense Production Act of 1950, as amended by section 1703);
removed
submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report describing those procedures; and
removed
brief the committees specified in paragraph (1) on the report required by paragraph (2).
Sec. 1718 Actions by the Committee to address national security risks
removed
removed
Section 721(l) of the Defense Production Act of 1950 (50 U.S.C. 4565(l)) is amended—
removed
in the subsection heading, by striking “Mitigation, Tracking, and Postconsummation Monitoring and Enforcement” and inserting “Actions by the Committee to address national security risks”;
removed
by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively;
removed
by inserting before paragraph (3), as redesignated by paragraph (2), the following:
removed
“(1) Suspension of transactions—The Committee, acting through the chairperson, may suspend a proposed or pending covered transaction that may pose a risk to the national security of the United States for such time as the covered transaction is under review or investigation under subsection (b).
removed
“(2) Referral to President—The Committee may, at any time during the review or investigation of a covered transaction under subsection (b), complete the action of the Committee with respect to the transaction and refer the transaction to the President for action pursuant to subsection (d).”
removed
in paragraph (3), as redesignated by paragraph (2)—
removed
in subparagraph (A)—
removed
in the subparagraph heading, by striking “In general” and inserting “Agreements and conditions”;
removed
by striking “The Committee” and inserting the following:
removed
“(i) In general—The Committee”
removed
by striking “threat” and inserting “risk”; and
removed
by adding at the end the following:
removed
“(ii) Abandonment of transactions—If a party to a covered transaction has voluntarily chosen to abandon the transaction, the Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to the covered transaction for purposes of effectuating such abandonment and mitigating any risk to the national security of the United States that arises as a result of the covered transaction.
removed
“(iii) Agreements and conditions relating to completed transactions—The Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to a completed covered transaction in order to mitigate any interim risk to the national security of the United States that may arise as a result of the covered transaction until such time that the Committee has completed action pursuant to subsection (b) or the President has taken action pursuant to subsection (d) with respect to the transaction.”
removed
by striking subparagraph (B) and inserting the following:
removed
“(B) Treatment of outdated agreements or conditions—The chairperson and the head of the lead agency shall periodically review the appropriateness of an agreement or condition imposed under subparagraph (A) and terminate, phase out, or otherwise amend the agreement or condition if a threat no longer requires mitigation through the agreement or condition.
removed
“(C) Limitations—An agreement may not be entered into or condition imposed under subparagraph (A) with respect to a covered transaction unless the Committee determines that the agreement or condition resolves the national security concerns posed by the transaction, taking into consideration whether the agreement or condition is reasonably calculated to—
removed
“(i) be effective;
removed
“(ii) allow for compliance with the terms of the agreement or condition in an appropriately verifiable way; and
removed
“(iii) enable effective monitoring of compliance with and enforcement of the terms of the agreement or condition.
removed
“(D) Jurisdiction—The provisions of section 706(b) shall apply to any mitigation agreement entered into or condition imposed under subparagraph (A).”
removed
by inserting after paragraph (3), as redesignated by paragraph (2), the following:
removed
“(4) Risk-based analysis required
removed
“(A) In general—Any determination of the Committee to suspend a covered transaction under paragraph (1), to refer a covered transaction to the President under paragraph (2), or to negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to a covered transaction, shall be based on a risk-based analysis, conducted by the Committee, of the effects on the national security of the United States of the covered transaction, which shall include an assessment of the threat, vulnerabilities, and consequences to national security related to the transaction.
removed
“(B) Actions of members of the Committee
removed
“(i) In general—Any member of the Committee who concludes that a covered transaction poses an unresolved national security concern shall recommend to the Committee that the Committee suspend the transaction under paragraph (1), refer the transaction to the President under paragraph (2), or negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to the transaction. In making that recommendation, the member shall propose or contribute to the risk-based analysis required by subparagraph (A).
removed
“(ii) Failure to reach consensus—If the Committee fails to reach consensus with respect to a recommendation under clause (i) regarding a covered transaction, the members of the Committee who support an alternative recommendation shall produce—
removed
“(I) a written statement justifying the alternative recommendation; and
removed
“(II) as appropriate, a risk-based analysis that supports the alternative recommendation.
removed
“(C) Definitions—For purposes of subparagraph (A), the terms “threat”, “vulnerabilities”, and “consequences to national security” shall have the meanings given those terms by the Committee by regulation.”
removed
in paragraph (5)(B), as redesignated by paragraph (2), by striking “(as defined in the National Security Act of 1947)”; and
removed
in paragraph (6), as redesignated by paragraph (2)—
removed
in subparagraph (A)—
removed
by striking “paragraph (1)” and inserting “paragraph (3)”; and
removed
by striking the second sentence and inserting the following: “The lead agency may, at its discretion, seek and receive the assistance of other departments or agencies in carrying out the purposes of this paragraph.”;
removed
in subparagraph (B)—
removed
by striking “designated agency” and all that follows through “The lead agency in connection” and inserting “designated agency.—The lead agency in connection”;
removed
by striking clause (ii); and
removed
by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the left; and
removed
by adding at the end the following:
removed
“(C) Compliance plans
removed
“(i) In general—In the case of a covered transaction with respect to which an agreement is entered into under paragraph (3)(A), the Committee or lead agency, as the case may be, shall formulate, adhere to, and keep updated a plan for monitoring compliance with the agreement.
removed
“(ii) Elements—Each plan required by clause (i) with respect to an agreement entered into under paragraph (3)(A) shall include an explanation of—
removed
“(I) which member of the Committee will have primary responsibility for monitoring compliance with the agreement;
removed
“(II) how compliance with the agreement will be monitored;
removed
“(III) how frequently compliance reviews will be conducted;
removed
“(IV) whether an independent entity will be utilized under subparagraph (E) to conduct compliance reviews; and
removed
“(V) what actions will be taken if the parties fail to cooperate regarding monitoring compliance with the agreement.
removed
“(D) Effect of lack of compliance—If, at any time after a mitigation agreement or condition is entered into or imposed under paragraph (3)(A), the Committee or lead agency, as the case may be, determines that a party or parties to the agreement or condition are not in compliance with the terms of the agreement or condition, the Committee or lead agency may, in addition to the authority of the Committee to impose penalties pursuant to subsection (h)(3) and to unilaterally initiate a review of any covered transaction under subsection (b)(1)(D)(iii)—
removed
“(i) negotiate a plan of action for the party or parties to remediate the lack of compliance, with failure to abide by the plan or otherwise remediate the lack of compliance serving as the basis for the Committee to find a material breach of the agreement or condition;
removed
“(ii) require that the party or parties submit a written notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection with respect to a covered transaction initiated after the date of the determination of noncompliance and before the date that is 5 years after the date of the determination to the Committee to initiate a review of the transaction under subsection (b); or
removed
“(iii) seek injunctive relief.
removed
“(E) Use of independent entities to monitor compliance—If the parties to an agreement entered into under paragraph (3)(A) enter into a contract with an independent entity from outside the United States Government for the purpose of monitoring compliance with the agreement, the Committee shall take such action as is necessary to prevent a conflict of interest from arising by ensuring that the independent entity owes no fiduciary duty to the parties.
removed
“(F) Successors and assigns—Any agreement or condition entered into or imposed under paragraph (3)(A) shall be considered binding on all successors and assigns unless and until the agreement or condition terminates on its own terms or is otherwise terminated by the Committee in its sole discretion.
removed
“(G) Additional compliance measures—Subject to subparagraphs (A) through (F), the Committee shall develop and agree upon methods for evaluating compliance with any agreement entered into or condition imposed with respect to a covered transaction that will allow the Committee to adequately ensure compliance without unnecessarily diverting Committee resources from assessing any new covered transaction for which a written notice under clause (i) of subsection (b)(1)(C) or declaration under clause (v) of that subsection has been filed, and if necessary, reaching a mitigation agreement with or imposing a condition on a party to such covered transaction or any covered transaction for which a review has been reopened for any reason.”
Sec. 1719 Modification of annual report and other reporting requirements
removed
removed
Modification of annual report— Section 721(m) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)) is amended—
removed
in paragraph (2)—
removed
by amending subparagraph (A) to read as follows:
removed
“(A) A list of all notices filed and all reviews or investigations of covered transactions completed during the period, with—
removed
“(i) a description of the outcome of each review or investigation, including whether an agreement was entered into or condition was imposed under subsection (l)(3)(A) with respect to the transaction being reviewed or investigated, and whether the President took any action under this section with respect to that transaction;
removed
“(ii) basic information on each party to each such transaction;
removed
“(iii) the nature of the business activities or products of the United States business with which the transaction was entered into or intended to be entered into; and
removed
“(iv) information about any withdrawal from the process.”
removed
by adding at the end the following:
removed
“(G) Statistics on compliance plans conducted and actions taken by the Committee under subsection (l)(6), including subparagraph (D) of that subsection, during that period, a general assessment of the compliance of parties with agreements entered into and conditions imposed under subsection (l)(3)(A) that are in effect during that period, including a description of any actions taken by the Committee to impose penalties or initiate a unilateral review pursuant to subsection (b)(1)(D)(iii), and any recommendations for improving the enforcement of such agreements and conditions.
removed
“(H) Cumulative and, as appropriate, trend information on the number of declarations filed under subsection (b)(1)(C)(v), the actions taken by the Committee in response to those declarations, the business sectors involved in those declarations, and the countries involved in those declarations.
removed
“(I) A description of—
removed
“(i) the methods used by the Committee to identify non-notified and non-declared transactions under subsection (b)(1)(H);
removed
“(ii) potential methods to improve such identification and the resources required to do so; and
removed
“(iii) the number of transactions identified through the process established under that subsection during the reporting period and the number of such transactions flagged for further review.
removed
“(J) A summary of the hiring practices and policies of the Committee pursuant to subsection (k)(4).
removed
“(K) A list of the waivers granted by the Committee under subsection (b)(1)(C)(v)(IV)(bb)(CC).”
removed
in paragraph (3)—
removed
by striking “critical technologies” and all that follows through “In order to assist” and inserting “critical technologies.—In order to assist”;
removed
by striking subparagraph (B);
removed
by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the left;
removed
in subparagraph (A), as redesignated by subparagraph (C), by striking “; and” and inserting a semicolon;
removed
in subparagraph (B), as so redesignated, by striking the period and inserting “; and”; and
removed
by adding at the end the following:
removed
“(C) a description of the technologies recommended by the chairperson under subsection (a)(6)(B) for identification under the interagency process set forth in section 1758(a) of the Export Control Reform Act of 2018.”
removed
by adding at the end the following:
removed
“(4) Form of report
removed
“(A) In general—All appropriate portions of the annual report under paragraph (1) may be classified. An unclassified version of the report, as appropriate, consistent with safeguarding national security and privacy, shall be made available to the public.
removed
“(B) Inclusion in classified version—If the Committee recommends that the President suspend or prohibit a covered transaction because the transaction threatens to impair the national security of the United States, the Committee shall, in the classified version of the report required under paragraph (1), notify Congress of the recommendation and, upon request, provide a classified briefing on the recommendation.
removed
“(C) Inclusions in unclassified version—The unclassified version of the report required under paragraph (1) shall include, with respect to covered transactions for the reporting period—
removed
“(i) the number of notices submitted under subsection (b)(1)(C)(i);
removed
“(ii) the number of declarations submitted under subsection (b)(1)(C)(v) and the number of such declarations that were required under subclause (IV) of that subsection;
removed
“(iii) the number of declarations submitted under subsection (b)(1)(C)(v) for which the Committee required resubmission as notices under subsection (b)(1)(C)(i);
removed
“(iv) the average number of days that elapsed between submission of a declaration under subsection (b)(1)(C)(v) and the acceptance of the declaration by the Committee;
removed
“(v) the median and average number of days that elapsed between acceptance of a declaration by the Committee and a response described in subsection (b)(1)(C)(v)(III);
removed
“(vi) information on the time it took the Committee to provide comments on, or to accept, notices submitted under subsection (b)(1)(C)(i), including—
removed
“(I) the average number of business days that elapsed between the date of submission of a draft notice and the date on which the Committee provided written comments on the draft notice;
removed
“(II) the average number of business days that elapsed between the date of submission of a formal written notice and the date on which the Committee accepted or provided written comments on the formal written notice; and
removed
“(III) if the average number of business days for a response by the Committee reported under subclause (I) or (II) exceeded 10 business days—
removed
“(aa) an explanation of the causes of such delays, including whether such delays are caused by resource shortages, unusual fluctuations in the volume of notices, transaction characteristics, or other factors; and
removed
“(bb) an explanation of the steps that the Committee anticipates taking to mitigate the causes of such delays and otherwise to improve the ability of the Committee to provide comments on, or to accept, notices within 10 business days;
removed
“(vii) the number of reviews or investigations conducted under subsection (b);
removed
“(viii) the number of investigations that were subject to an extension under subsection (b)(2)(C)(ii);
removed
“(ix) information on the duration of those reviews and investigations, including the median and average number of days required to complete those reviews and investigations;
removed
“(x) the number of notices submitted under subsection (b)(1)(C)(i) and declarations submitted under subsection (b)(1)(C)(v) that were rejected by the Committee;
removed
“(xi) the number of such notices and declarations that were withdrawn by a party to the covered transaction;
removed
“(xii) the number of such withdrawals that were followed by the submission of a subsequent such notice or declaration relating to a substantially similar covered transaction; and
removed
“(xiii) such other specific, cumulative, or trend information that the Committee determines is advisable to provide for an assessment of the time required for reviews and investigations of covered transactions under this section.”
removed
Report on Chinese investment—
removed
In general— Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter through 2026, the Secretary of Commerce shall submit to Congress and the Committee on Foreign Investment in the United States a report on foreign direct investment transactions made by entities of the People's Republic of China in the United States.
removed
Elements— Each report required by paragraph (1) shall include the following:
removed
Total foreign direct investment from the People's Republic of China in the United States, including total foreign direct investment disaggregated by ultimate beneficial owner.
removed
A breakdown of investments from the People's Republic of China in the United States by value using the following categories:
removed
Less than $50,000,000.
removed
Greater than or equal to $50,000,000 and less than $100,000,000.
removed
Greater than or equal to $100,000,000 and less than $1,000,000,000.
removed
Greater than or equal to $1,000,000,000 and less than $2,000,000,000.
removed
Greater than or equal to $2,000,000,000 and less than $5,000,000,000.
removed
Greater than or equal to $5,000,000,000.
removed
A breakdown of investments from the People's Republic of China in the United States by 2-digit North American Industry Classification System code.
removed
A breakdown of investments from the People's Republic of China in the United States by investment type, using the following categories:
removed
Businesses established.
removed
Businesses acquired.
removed
A breakdown of investments from the People’s Republic of China in the United States by government and non-government investments, including volume, sector, and type of investment within each category.
removed
A list of companies incorporated in the United States purchased through government investment by the People’s Republic of China.
removed
The number of United States affiliates of entities under the jurisdiction of the People's Republic of China, the total employees at those affiliates, and the valuation for any publicly traded United States affiliate of such an entity.
removed
An analysis of patterns in the investments described in subparagraphs (A) through (F), including in volume, type, and sector, and the extent to which those patterns of investments align with the objectives outlined by the Government of the People's Republic of China in its Made in China 2025 plan, including a comparative analysis of investments from the People’s Republic of China in the United States and all foreign direct investment in the United States.
removed
An identification of any limitations on the ability of the Secretary of Commerce to collect comprehensive information that is reasonably and lawfully available about foreign investment in the United States from the People's Republic of China on a timeline necessary to complete reports every 2 years as required by paragraph (1), including—
removed
an identification of any discrepancies between government and private sector estimates of investments from the People's Republic of China in the United States;
removed
a description of the different methodologies or data collection methods, including by private sector entities, used to measure foreign investment that may result in different estimates; and
removed
recommendations for enhancing the ability of the Secretary of Commerce to improve data collection of information about foreign investment in the United States from the People’s Republic of China.
removed
Extension of deadline— If, as a result of a limitation identified under paragraph (2)(I), the Secretary of Commerce determines that the Secretary will be unable to submit a report at the time required by paragraph (1), the Secretary may request additional time to complete the report.
removed
Report on certain rail investments by state-owned or state-controlled entities—
removed
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall, in coordination with the appropriate members of the Committee on Foreign Investment in the United States, submit to Congress a report assessing—
removed
national security risks, if any, related to investments in the United States by state-owned or state-controlled entities in the manufacture or assembly of rolling stock or other assets for use in freight rail, public transportation rail systems, or intercity passenger rail systems; and
removed
how the number and types of such investments could affect any such risks.
removed
Consultation— The Secretary, in preparing the report required by paragraph (1), shall consult with the Secretary of Transportation and the head of any agency that is not represented on the Committee on Foreign Investment in the United States that has significant technical expertise related to the assessments required by that paragraph.
Sec. 1720 Certification of notices and information
removed
removed
Section 721(n) of the Defense Production Act of 1950 (50 U.S.C. 4565(n)) is amended—
removed
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right;
removed
by striking “Each notice” and inserting the following:
removed
“(1) In general—Each notice”
removed
by striking “paragraph (3)(B)” and inserting “paragraph (6)(B)”;
removed
by striking “paragraph (1)(A)” and inserting “paragraph (3)(A)”;
removed
by adding at the end the following:
removed
“(2) Effect of failure to submit—The Committee may not complete a review under this section of a covered transaction and may recommend to the President that the President suspend or prohibit the transaction under subsection (d) if the Committee determines that a party to the transaction has—
removed
“(A) failed to submit a statement required by paragraph (1); or
removed
“(B) included false or misleading information in a notice or information described in paragraph (1) or omitted material information from such notice or information.
removed
“(3) Applicability of law on fraud and false statements—The Committee shall prescribe regulations expressly providing for the application of section 1001 of title 18, United States Code, to all information provided to the Committee under this section by any party to a covered transaction.”
Sec. 1721 Implementation plans
removed
removed
In general— Not later than 180 days after the date of the enactment of this Act, the chairperson of the Committee on Foreign Investment in the United States and the Secretary of Commerce shall, in consultation with the appropriate members of the Committee—
removed
develop plans to implement this subtitle; and
removed
submit to the appropriate congressional committees a report on the plans developed under paragraph (1), which shall include a description of—
removed
the timeline and process to implement the provisions of, and amendments made by, this subtitle;
removed
any additional staff necessary to implement the plans; and
removed
the resources required to effectively implement the plans.
removed
Annual resource needs of CFIUS member agencies— Not later than one year after the submission of the report under subsection (a)(2), and annually thereafter for 7 years, each department or agency represented on the Committee on Foreign Investment in the United States shall submit to the appropriate congressional committees a detailed spending plan to expeditiously meet the requirements of section 721 of the Defense Production Act of 1950, as amended by this subtitle, including estimated expenditures and staffing levels for not less than the following fiscal year.
removed
Testimony— Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended by adding at the end the following:
removed
“(o) Testimony
removed
“(1) In general—Not later than March 31 of each year, the chairperson, or the designee of the chairperson, shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate to present testimony on—
removed
“(A) anticipated resources necessary for operations of the Committee in the following fiscal year at each of the departments or agencies represented on the Committee;
removed
“(B) the adequacy of appropriations for the Committee in the current and the previous fiscal year to—
removed
“(i) ensure that thorough reviews and investigations are completed as expeditiously as possible;
removed
“(ii) monitor and enforce mitigation agreements; and
removed
“(iii) identify covered transactions for which a notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection was not submitted to the Committee;
removed
“(C) management efforts to strengthen the ability of the Committee to meet the requirements of this section; and
removed
“(D) activities of the Committee undertaken in order to—
removed
“(i) educate the business community, with a particular focus on the technology sector and other sectors of importance to national security, on the goals and operations of the Committee;
removed
“(ii) disseminate to the governments of countries that are allies or partners of the United States best practices of the Committee that—
removed
“(I) strengthen national security reviews of relevant investment transactions; and
removed
“(II) expedite such reviews when appropriate; and
removed
“(iii) promote openness to foreign investment, consistent with national security considerations.
removed
“(2) Sunset—This subsection shall have no force or effect on or after the date that is 7 years after the date of the enactment of the Foreign Investment Risk Review Modernization Act of 2018.”
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
removed
the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate; and
removed
the Committee on Financial Services and the Committee on Appropriations of the House of Representatives.
Sec. 1722 Assessment of need for additional resources for Committee
removed
removed
The President shall—
removed
determine whether and to what extent the expansion of the responsibilities of the Committee on Foreign Investment in the United States pursuant to the amendments made by this subtitle necessitates additional resources for the Committee and the departments and agencies represented on the Committee to perform their functions under section 721 of the Defense Production Act of 1950, as amended by this subtitle; and
removed
if the President determines that additional resources are necessary, include in the budget of the President for fiscal year 2019 and each fiscal year thereafter submitted to Congress under section 1105(a) of title 31, United States Code, a request for such additional resources.
Sec. 1723 Funding
removed
removed
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by section 1721, is further amended by adding at the end the following:
removed
“(p) Funding
removed
“(1) Establishment of fund—There is established in the Treasury of the United States a fund, to be known as the “Committee on Foreign Investment in the United States Fund” (in this subsection referred to as the “Fund”), to be administered by the chairperson.
removed
“(2) Authorization of appropriations for the committee—There are authorized to be appropriated to the Fund for each of fiscal years 2019 through 2023 $20,000,000 to perform the functions of the Committee.
removed
“(3) Filing fees
removed
“(A) In general—The Committee may assess and collect a fee in an amount determined by the Committee in regulations, to the extent provided in advance in appropriations Acts, without regard to section 9701 of title 31, United States Code, and subject to subparagraph (B), with respect to each covered transaction for which a written notice is submitted to the Committee under subsection (b)(1)(C)(i). The total amount of fees collected under this paragraph may not exceed the costs of administering this section.
removed
“(B) Determination of amount of fee
removed
“(i) In general—The amount of the fee to be assessed under subparagraph (A) with respect to a covered transaction—
removed
“(I) may not exceed an amount equal to the lesser of—
removed
“(aa) 1 percent of the value of the transaction; or
removed
“(bb) $300,000, adjusted annually for inflation pursuant to regulations prescribed by the Committee; and
removed
“(II) shall be based on the value of the transaction, taking into account—
removed
“(aa) the effect of the fee on small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632));
removed
“(bb) the expenses of the Committee associated with conducting activities under this section;
removed
“(cc) the effect of the fee on foreign investment; and
removed
“(dd) such other matters as the Committee considers appropriate.
removed
“(ii) Updates—The Committee shall periodically reconsider and adjust the amount of the fee to be assessed under subparagraph (A) with respect to a covered transaction to ensure that the amount of the fee does not exceed the costs of administering this section and otherwise remains appropriate.
removed
“(C) Deposit and availability of fees—Notwithstanding section 3302 of title 31, United States Code, fees collected under subparagraph (A) shall—
removed
“(i) be deposited into the Fund solely for use in carrying out activities under this section;
removed
“(ii) to the extent and in the amounts provided in advance in appropriations Acts, be available to the chairperson;
removed
“(iii) remain available until expended; and
removed
“(iv) be in addition to any appropriations made available to the members of the Committee.
removed
“(D) Study on prioritization fee
removed
“(i) In general—Not later than 270 days after the date of the enactment of the Foreign Investment Risk Review Modernization Act of 2018, the chairperson, in consultation with the Committee, shall complete a study of the feasibility and merits of establishing a fee or fee scale to prioritize the timing of the response of the Committee to a draft or formal written notice during the period before the Committee accepts the formal written notice under subsection (b)(1)(C)(i), in the event that the Committee is unable to respond during the time required by subclause (II) of that subsection because of an unusually large influx of notices, or for other reasons.
removed
“(ii) Submission to Congress—After completing the study required by clause (i), the chairperson, or a designee of the chairperson, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the findings of the study.
removed
“(4) Transfer of funds—To the extent provided in advance in appropriations Acts, the chairperson may transfer any amounts in the Fund to any other department or agency represented on the Committee for the purpose of addressing emerging needs in carrying out activities under this section. Amounts so transferred shall be in addition to any other amounts available to that department or agency for that purpose.”
Sec. 1724 Centralization of certain Committee functions
removed
removed
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by section 1723, is further amended by adding at the end the following:
removed
“(q) Centralization of certain committee functions
removed
“(1) In general—The chairperson, in consultation with the Committee, may centralize certain functions of the Committee within the Department of the Treasury for the purpose of enhancing interagency coordination and collaboration in carrying out the functions of the Committee under this section.
removed
“(2) Functions—Functions that may be centralized under paragraph (1) include identifying non-notified and non-declared transactions pursuant to subsection (b)(1)(H), and other functions as determined by the chairperson and the Committee.
removed
“(3) Rule of construction—Nothing in this section shall be construed as limiting the authority of any department or agency represented on the Committee to represent its own interests before the Committee.”
Sec. 1725 Conforming amendments
removed
removed
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by this subtitle, is further amended—
removed
in subsection (b)—
removed
in paragraph (1)(D)(iii)(I), by striking “subsection (l)(1)(A)” and inserting “subsection (l)(3)(A)”; and
removed
in paragraph (2)(B)(i)(I), by striking “that threat” and inserting “the risk”;
removed
in subsection (d)(4)(A), by striking “the foreign interest exercising control” and inserting “a foreign person that would acquire an interest in a United States business or its assets as a result of the covered transaction”; and
removed
in subsection (j), by striking “merger, acquisition, or takeover” and inserting “transaction”.
Sec. 1726 Briefing on information from transactions reviewed by Committee on Foreign Investment in the United States relating to foreign efforts to influence democratic institutions and processes
removed
removed
Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury (or a designee of the Secretary) shall provide a briefing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on—
removed
transactions reviewed by the Committee on Foreign Investment in the United States during the 5-year period preceding the briefing that the Committee determined would have allowed foreign persons to inappropriately influence democratic institutions and processes within the United States and in other countries; and
removed
the disposition of such reviews, including any steps taken by the Committee to address the risk of allowing foreign persons to influence such institutions and processes.
Sec. 1727 Effective date
removed
removed
Immediate applicability of certain provisions— The following shall take effect on the date of the enactment of this Act and, as applicable, apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 on or after such date of enactment:
removed
Sections 1705, 1707, 1708, 1709, 1710, 1713, 1714, 1715, 1716, 1717, 1718, 1720, 1721, 1722, 1723, 1724, and 1725 and any amendments made by those sections.
removed
Section 1712 and the amendments made by that section (except for clause (iii) of section 721(b)(4)(A) of the Defense Production Act of 1950, as added by section 1712).
removed
Paragraphs (1), (2), (3), (4)(A)(i), (4)(B)(i), (4)(B)(iv)(I), (4)(B)(v), (4)(C)(v), (5), (6), (7), (8), (9), (10), (11), (12), and (13) of subsection (a) of section 721 of the Defense Production Act of 1950, as amended by section 1703.
removed
Section 721(m)(4) of the Defense Production Act of 1950, as amended by section 1719 (except for clauses (ii), (iii), (iv), and (v) of subparagraph (B) of that section).
removed
Delayed applicability of certain provisions—
removed
In general— Any provision of or amendment made by this subtitle not specified in subsection (a) shall—
removed
take effect on the earlier of—
removed
the date that is 18 months after the date of the enactment of this Act; or
removed
the date that is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee on Foreign Investment in the United States that the regulations, organizational structure, personnel, and other resources necessary to administer the new provisions are in place; and
removed
apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 on or after the date described in subparagraph (A).
removed
Nondelegation of determination— The determination of the chairperson of the Committee on Foreign Investment in the United States under paragraph (1)(A) may not be delegated.
removed
Authorization for pilot programs—
removed
In general— Beginning on the date of the enactment of this Act and ending on the date that is 570 days thereafter, the Committee on Foreign Investment in the United States may, at its discretion, conduct one or more pilot programs to implement any authority provided pursuant to any provision of or amendment made by this subtitle not specified in subsection (a).
removed
Publication in Federal Register— A pilot program under paragraph (1) may not commence until the date that is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee of the scope of and procedures for the pilot program. That determination may not be delegated.
Sec. 1728 Severability
removed
removed
If any provision of this subtitle or an amendment made by this subtitle, or the application of such a provision or amendment to any person or circumstance, is held to be invalid, the application of that provision or amendment to other persons or circumstances and the remainder of the provisions of this subtitle and the amendments made by this subtitle, shall not be affected thereby.
Sec. 1741 Short title
removed
removed
This subtitle may be cited as the “Export Control Reform Act of 2018”.
Sec. 1742 Definitions
removed
removed
In this subtitle:
removed
Controlled— The term controlled refers to an item subject to the jurisdiction of the United States under part I.
removed
Dual-use— The term dual-use, with respect to an item, means the item has civilian applications and military, terrorism, weapons of mass destruction, or law-enforcement-related applications.
removed
Export— The term export, with respect to an item subject to controls under part I, includes—
removed
the shipment or transmission of the item out of the United States, including the sending or taking of the item out of the United States, in any manner; and
removed
the release or transfer of technology or source code relating to the item to a foreign person in the United States.
removed
Export administration regulations— The term Export Administration Regulations means—
removed
the Export Administration Regulations as promulgated, maintained, and amended under the authority of the International Emergency Economic Powers Act and codified, as of the date of the enactment of this Act, in subchapter C of chapter VII of title 15, Code of Federal Regulations; or
removed
regulations that are promulgated, maintained, and amended under the authority of part I on or after the date of the enactment of this Act.
removed
Foreign person— The term foreign person means—
removed
any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3));
removed
any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government (e.g., diplomatic mission).
removed
In-country transfer— The term in-country transfer, with respect to an item subject to controls under part I, means a change in the end-use or end user of the item within the same foreign country.
removed
Item— The term item means a commodity, software, or technology.
removed
Person— The term person means—
removed
a natural person;
removed
a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, or any government or agency thereof; and
removed
any successor to any entity described in subparagraph (B).
removed
Reexport— The term reexport, with respect to an item subject to controls under part I, includes—
removed
the shipment or transmission of the item from a foreign country to another foreign country, including the sending or taking of the item from the foreign country to the other foreign country, in any manner; and
removed
the release or transfer of technology or source code relating to the item to a foreign person outside the United States.
removed
Secretary— Except as otherwise provided, the term Secretary means the Secretary of Commerce.
removed
Technology— The term technology includes information, in tangible or intangible form, necessary for the development, production, or use of an item.
removed
United States— The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.
removed
United States person— The term United States person means—
removed
for purposes of part I—
removed
any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3));
removed
a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; and
removed
any person in the United States; and
removed
for purposes of part II, any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern) and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations by the Secretary.
removed
Weapons of mass destruction— The term weapons of mass destruction means nuclear, radiological, chemical, and biological weapons and delivery systems for such weapons.
Sec. 1751 Short title
removed
removed
This part may be cited as the “Export Controls Act of 2018”.
Sec. 1752 Statement of policy
removed
removed
The following is the policy of the United States:
removed
To use export controls only after full consideration of the impact on the economy of the United States and only to the extent necessary—
removed
to restrict the export of items which would make a significant contribution to the military potential of any other country or combination of countries which would prove detrimental to the national security of the United States; and
removed
to restrict the export of items if necessary to further significantly the foreign policy of the United States or to fulfill its declared international obligations.
removed
The national security and foreign policy of the United States require that the export, reexport, and in-country transfer of items, and specific activities of United States persons, wherever located, be controlled for the following purposes:
removed
To control the release of items for use in—
removed
the proliferation of weapons of mass destruction or of conventional weapons;
removed
the acquisition of destabilizing numbers or types of conventional weapons;
removed
acts of terrorism;
removed
military programs that could pose a threat to the security of the United States or its allies; or
removed
activities undertaken specifically to cause significant interference with or disruption of critical infrastructure.
removed
To preserve the qualitative military superiority of the United States.
removed
To strengthen the United States defense industrial base.
removed
To carry out the foreign policy of the United States, including the protection of human rights and the promotion of democracy.
removed
To carry out obligations and commitments under international agreements and arrangements, including multilateral export control regimes.
removed
To facilitate military interoperability between the United States and its North Atlantic Treaty Organization (NATO) and other close allies.
removed
To ensure national security controls are tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States.
removed
The national security of the United States requires that the United States maintain its leadership in the science, technology, engineering, and manufacturing sectors, including foundational technology that is essential to innovation. Such leadership requires that United States persons are competitive in global markets. The impact of the implementation of this part on such leadership and competitiveness must be evaluated on an ongoing basis and applied in imposing controls under sections 1753 and 1754 to avoid negatively affecting such leadership.
removed
The national security and foreign policy of the United States require that the United States participate in multilateral organizations and agreements regarding export controls on items that are consistent with the policy of the United States, and take all the necessary steps to secure the adoption and consistent enforcement, by the governments of such countries, of export controls on items that are consistent with such policy.
removed
Export controls should be coordinated with the multilateral export control regimes. Export controls that are multilateral are most effective, and should be tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States and its allies.
removed
Export controls applied unilaterally to items widely available from foreign sources generally are less effective in preventing end-users from acquiring those items. Application of unilateral export controls should be limited for purposes of protecting specific United States national security and foreign policy interests.
removed
The effective administration of export controls requires a clear understanding both inside and outside the United States Government of which items are controlled and an efficient process should be created to regularly update the controls, such as by adding or removing such items.
removed
The export control system must ensure that it is transparent, predictable, and timely, has the flexibility to be adapted to address new threats in the future, and allows seamless access to and sharing of export control information among all relevant United States national security and foreign policy agencies.
removed
Implementation and enforcement of United States export controls require robust capabilities in monitoring, intelligence, and investigation, appropriate penalties for violations, and the ability to swiftly interdict unapproved transfers.
removed
Export controls complement and are a critical element of the national security policies underlying the laws and regulations governing foreign direct investment in the United States, including controlling the transfer of critical technologies to certain foreign persons. Thus, the President, in coordination with the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies, as appropriate, should have a regular and robust process to identify the emerging and other types of critical technologies of concern and regulate their release to foreign persons as warranted regardless of the nature of the underlying transaction. Such identification efforts should draw upon the resources and expertise of all relevant parts of the United States Government, industry, and academia. These efforts should be in addition to traditional efforts to modernize and update the lists of controlled items under the multilateral export control regimes.
removed
The authority under this part may be exercised only in furtherance of all of the objectives set forth in paragraphs (1) through (10).
Sec. 1753 Authority of the President
removed
removed
Authority— In order to carry out the policy set forth in paragraphs (1) through (10) of section 1752, the President shall control—
removed
the export, reexport, and in-country transfer of items subject to the jurisdiction of the United States, whether by United States persons or by foreign persons; and
removed
the activities of United States persons, wherever located, relating to specific—
removed
nuclear explosive devices;
removed
missiles;
removed
chemical or biological weapons;
removed
whole plants for chemical weapons precursors;
removed
foreign maritime nuclear projects; and
removed
foreign military intelligence services.
removed
Requirements— In exercising authority under this part to carry out the policy set forth in paragraphs (1) through (10) of section 1752, the President shall—
removed
regulate the export, reexport, and in-country transfer of items described in subsection (a)(1) of United States persons or foreign persons;
removed
regulate the activities described in subsection (a)(2) of United States persons, wherever located;
removed
seek to secure the cooperation of other governments and multilateral organizations to impose control systems that are consistent, to the extent possible, with the controls imposed under subsection (a);
removed
maintain the leadership of the United States in science, engineering, technology research and development, manufacturing, and foundational technology that is essential to innovation;
removed
protect United States technological advances by prohibiting unauthorized technology transfers to foreign persons in the United States or outside the United States, particularly with respect to countries that may pose a significant threat to the national security of the United States;
removed
strengthen the United States industrial base, both with respect to current and future defense requirements; and
removed
enforce the controls through means such as regulations, requirements for compliance, lists of controlled items, lists of foreign persons who threaten the national security or foreign policy of the United States, and guidance in a form that facilitates compliance by United States persons and foreign persons, in particular academic institutions, scientific and research establishments, and small- and medium-sized businesses.
removed
Application of controls— The President shall impose controls over the export, reexport, or in-country transfer of items for purposes of the objectives described in subsections (b)(1) or (b)(2) without regard to the nature of the underlying transaction or any circumstances pertaining to the activity, including whether such export, reexport, or in-country transfer occurs pursuant to a purchase order or other contract requirement, voluntary decision, inter-company arrangement, marketing effort, or during a joint venture, joint development agreement, or similar collaborative agreement.
Sec. 1754 Additional authorities
removed
removed
In general— In carrying out this part on behalf of the President, the Secretary, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall—
removed
establish and maintain a list of items that are controlled under this part;
removed
establish and maintain a list of foreign persons and end-uses that are determined to be a threat to the national security and foreign policy of the United States pursuant to the policy set forth in section 1752(2)(A);
removed
prohibit unauthorized exports, reexports, and in-country transfers of controlled items, including to foreign persons in the United States or outside the United States;
removed
restrict exports, reexports, and in-country transfers of any controlled items to any foreign person or end-use listed under paragraph (2);
removed
require licenses or other authorizations, as appropriate, for exports, reexports, and in-country transfers of controlled items, including—
removed
imposing conditions or restrictions on United States persons and foreign persons with respect to such licenses or other authorizations; and
removed
suspending or revoking such licenses or authorizations;
removed
establish a process for an assessment to determine whether a foreign item is comparable in quality to an item controlled under this part, and is available in sufficient quantities to render the United States export control of that item or the denial of a license ineffective, including a mechanism to address that disparity;
removed
require measures for compliance with the export controls established under this part;
removed
require and obtain such information from United States persons and foreign persons as is necessary to carry out this part;
removed
require, to the extent feasible, identification of items subject to controls under this part in order to facilitate the enforcement of such controls;
removed
inspect, search, detain, or seize, or impose temporary denial orders with respect to items, in any form, that are subject to controls under this part, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of this part;
removed
monitor shipments and other means of transfer;
removed
keep the public appropriately apprised of changes in policy, regulations, and procedures established under this part;
removed
appoint technical advisory committees in accordance with the Federal Advisory Committee Act;
removed
create, as warranted, exceptions to licensing requirements in order to further the objectives of this part;
removed
establish and maintain processes to inform persons, either individually by specific notice or through amendment to any regulation or order issued under this part, that a license from the Bureau of Industry and Security of the Department of Commerce is required to export; and
removed
undertake any other action as is necessary to carry out this part that is not otherwise prohibited by law.
removed
Relationship to IEEPA— The authority under this part may not be used to regulate or prohibit under this part the export, reexport, or in-country transfer of any item that may not be regulated or prohibited under section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)), except to the extent the President has made a determination necessary to impose controls under subparagraph (A), (B), or (C) of paragraph (2) of such section.
removed
Countries supporting international terrorism—
removed
Commerce license requirement—
removed
In general— A license shall be required for the export, reexport, or in-country transfer of items, the control of which is implemented pursuant to subsection (a) by the Secretary, to a country if the Secretary of State has made the following determinations:
removed
The government of such country has repeatedly provided support for acts of international terrorism.
removed
The export, reexport, or in-country transfer of such items could make a significant contribution to the military potential of such country, including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism.
removed
Determination under other provisions of law— A determination of the Secretary of State under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law that the government of a country described in subparagraph (A) has repeatedly provided support for acts of international terrorism shall be deemed to be a determination with respect to such government for purposes of clause (i) of subparagraph (A).
removed
Notification to Congress—
removed
In general— The Secretary of State and the Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before any license is issued as required by paragraph (1).
removed
Contents— The Secretary of State shall include in the notification required under subparagraph (A)—
removed
a detailed description of the items to be offered, including a brief description of the capabilities of any item for which a license to export, reexport, or in-country transfer the items is sought;
removed
the reasons why the foreign country, person, or entity to which the export, reexport, or in-country transfer is proposed to be made has requested the items under the export, reexport, or in-country transfer, and a description of the manner in which such country, person, or entity intends to use such items;
removed
the reasons why the proposed export, reexport, or in-country transfer is in the national interest of the United States;
removed
an analysis of the impact of the proposed export, reexport, or in-country transfer on the military capabilities of the foreign country, person, or entity to which such transfer would be made;
removed
an analysis of the manner in which the proposed export, reexport, or in-country transfer would affect the relative military strengths of countries in the region to which the items that are the subject of such export, reexport, or in-country transfer would be delivered and whether other countries in the region have comparable kinds and amounts of items; and
removed
an analysis of the impact of the proposed export, reexport, or in-country transfer on the relations of the United States with the countries in the region to which the items that are the subject of such export, reexport, or in-country transfer would be delivered.
removed
Publication in Federal Register— Each determination of the Secretary of State under paragraph (1)(A)(i) shall be published in the Federal Register, except that the Secretary of State may exclude confidential information and trade secrets contained in such determination.
removed
Rescission of determination— A determination of the Secretary of State under paragraph (1)(A)(i) may not be rescinded unless the President submits to the Speaker of the House of Representatives, the chairman of the Committee on Foreign Affairs, and the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate—
removed
before the proposed rescission would take effect, a report certifying that—
removed
there has been a fundamental change in the leadership and policies of the government of the country concerned;
removed
that government is not supporting acts of international terrorism; and
removed
that government has provided assurances that it will not support acts of international terrorism in the future; or
removed
at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
removed
the government concerned has not provided any support for acts international terrorism during the preceding 6-month period; and
removed
the government concerned has provided assurances that it will not support acts of international terrorism in the future.
removed
Enhanced controls—
removed
In general— In furtherance of section 1753(a), the President shall, except to the extent authorized by a statute or regulation administered by a Federal department or agency other than the Department of Commerce, require a United States person, wherever located, to apply for and receive a license from the Department of Commerce for—
removed
the export, reexport, or in-country transfer of items described in paragraph (2), including items that are not subject to control under this part; and
removed
other activities that may support the design, development, production, use, operation, installation, maintenance, repair, overhaul, or refurbishing of, or for the performance of services relating to, any such items.
removed
Items described— The items described in this paragraph include—
removed
nuclear explosive devices;
removed
missiles;
removed
chemical or biological weapons;
removed
whole plants for chemical weapons precursors; and
removed
foreign maritime nuclear projects that would pose a risk to the national security or foreign policy of the United States.
removed
Additional prohibitions— The Secretary may inform United States persons, either individually by specific notice or through amendment to any regulation or order issued under this part, that a license from the Bureau of Industry and Security of the Department of Commerce is required to engage in any activity if the activity involves the types of movement, service, or support described in subsection (d). The absence of any such notification does not excuse the United States person from compliance with the license requirements of subsection (d), or any regulation or order issued under this part.
removed
License review standards— The Secretary shall deny an application to engage in any activity described in subsection (d) if the activity would make a material contribution to any of the items described in subsection (d)(2).
Sec. 1755 Administration of export controls
removed
removed
In general— The President shall rely on, including through delegations, as appropriate, the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, to exercise the authority to carry out the purposes set forth in subsection (b).
removed
Purposes— The purposes of this section include to—
removed
advise the President with respect to—
removed
identifying specific threats to the national security and foreign policy that the authority of this part may be used to address; and
removed
exercising the authority under this part to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats;
removed
review and approve—
removed
criteria for including items on, and removing such an item from, a list of controlled items established under this part;
removed
an interagency procedure for compiling and amending any list described in subparagraph (A);
removed
criteria for including a person on a list of persons to whom exports, reexports, and in-country transfers of items are prohibited or restricted under this part;
removed
standards for compliance by persons subject to controls under this part; and
removed
policies and procedures for the end-use monitoring of exports, reexports, and in-country transfers of items controlled under this part; and
removed
benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a).
removed
Sense of Congress— It is the sense of Congress that the administration of export controls under this part should be consistent with the procedures relating to export license applications described in Executive Order 12981 (1995).
Sec. 1756 Licensing
removed
removed
In general— The Secretary shall, consistent with delegations as described in section 1755, establish a procedure to license or otherwise authorize the export, reexport, and in-country transfer of items controlled under this part in order to carry out the policy set forth in section 1752 and the requirements set forth in section 1753(b). The procedure shall ensure that—
removed
license applications and other requests for authorization are considered and decisions made with the participation of appropriate Federal agencies, as appropriate; and
removed
licensing decisions are made in an expeditious manner, with transparency to applicants on the status of license and other authorization processing and the reason for denying any license or request for authorization.
removed
Sense of Congress— It is the sense of Congress that the Secretary should make best efforts to ensure that an accurate, consistent, and timely evaluation and processing of licenses or other requests for authorization to export, reexport, or in-country transfer items controlled under this part is generally accomplished within 30 days from the date of such license request.
removed
Fees— No fee may be charged in connection with the submission, processing, or consideration of any application for a license or other authorization or other request made in connection with any regulation in effect under the authority of this part.
removed
Additional procedural requirements—
removed
In general— The procedure required under subsection (a) shall provide for the assessment of the impact of a proposed export of an item on the United States defense industrial base and the denial of an application for a license or a request for an authorization of any export that would have a significant negative impact on such defense industrial base, as described in paragraph (3).
removed
Information from applicant— The procedure required under subsection (a) shall also require an applicant for a license to provide the information necessary to make the assessment provided under paragraph (1), including whether the purpose or effect of the export is to allow for the significant production of items relevant for the defense industrial base outside the United States.
removed
Significantly negative impact defined— A significant negative impact on the United States defense industrial base is the following:
removed
A reduction in the availability of an item produced in the United States that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States, or for the production of an item in the United States for the Department of Defense or other agency for the advancement of the national security of the United States.
removed
A reduction in the production in the United States of an item that is the result of research and development carried out, or funded by, the Department of Defense or other Federal department or agency to advance the national security of the United States, or a federally funded research and development center.
removed
A reduction in the employment of United States persons whose knowledge and skills are necessary for the continued production in the United States of an item that is likely to be acquired by the Department of Defense or other Federal department or agency for the advancement of the national security of the United States.
Sec. 1757 Compliance assistance
removed
removed
System for seeking assistance— The President may authorize the Secretary to establish a system to provide United States persons with assistance in complying with this part, which may include a mechanism for providing information, in classified form as appropriate, who are potential customers, suppliers, or business partners with respect to items controlled under this part, in order to further ensure the prevention of the export, reexport, or in-country transfer of items that may pose a threat to the national security or foreign policy of the United States.
removed
Security clearances— In order to carry out subsection (a), the President may issue appropriate security clearances to persons described in that subsection who are responsible for complying with this part.
removed
Assistance for certain businesses—
removed
In general— Not later than 120 days after the date of the enactment of this Act, the President shall develop and submit to Congress a plan to assist small- and medium-sized United States businesses in export licensing and other processes under this part.
removed
Contents— The plan shall include, among other things, arrangements for the Department of Commerce to provide counseling to businesses described in paragraph (1) on filing applications and identifying items controlled under this part, as well as proposals for seminars and conferences to educate such businesses on export controls, licensing procedures, and related obligations.
Sec. 1758 Requirements to identify and control the export of emerging and foundational technologies
removed
removed
Identification of technologies—
removed
In general— The President shall establish and, in coordination with the Secretary, the Secretary of Defense, the Secretary of Energy, the Secretary of State, and the heads of other Federal agencies as appropriate, lead, a regular, ongoing interagency process to identify emerging and foundational technologies that—
removed
are essential to the national security of the United States; and
removed
are not critical technologies described in clauses (i) through (v) of section 721(a)(6)(A) of the Defense Production Act of 1950, as amended by section 1703.
removed
Process— The interagency process established under subsection (a) shall—
removed
be informed by multiple sources of information, including—
removed
publicly available information;
removed
classified information, including relevant information provided by the Director of National Intelligence;
removed
information relating to reviews and investigations of transactions by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565); and
removed
information provided by the advisory committees established by the Secretary to advise the Under Secretary of Commerce for Industry and Security on controls under the Export Administration Regulations, including the Emerging Technology and Research Advisory Committee;
removed
take into account—
removed
the development of emerging and foundational technologies in foreign countries;
removed
the effect export controls imposed pursuant to this section may have on the development of such technologies in the United States; and
removed
the effectiveness of export controls imposed pursuant to this section on limiting the proliferation of emerging and foundational technologies to foreign countries; and
removed
include a notice and comment period.
removed
Commerce controls—
removed
In general— Except to the extent inconsistent with the authorities described in subsection (a)(1)(B), the Secretary shall establish appropriate controls under the Export Administration Regulations on the export, reexport, or in-country transfer of technology identified pursuant to subsection (a), including through interim controls (such as by informing a person that a license is required for export), as appropriate, or by publishing additional regulations.
removed
Levels of control—
removed
In general— The Secretary may, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, specify the level of control to apply under paragraph (1) with respect to the export of technology described in that paragraph, including a requirement for a license or other authorization for the export, reexport, or in-country transfer of that technology.
removed
Considerations— In determining under subparagraph (A) the level of control appropriate for technology described in paragraph (1), the Secretary shall take into account—
removed
lists of countries to which exports from the United States are restricted; and
removed
the potential end uses and end users of the technology.
removed
Minimum requirements— At a minimum, except as provided by paragraph (4), the Secretary shall require a license for the export, reexport, or in-country transfer of technology described in paragraph (1) to or in a country subject to an embargo, including an arms embargo, imposed by the United States.
removed
Review of license applications—
removed
Procedures— The procedures set forth in Executive Order 12981 (50 U.S.C. 4603 note; relating to administration of export controls) or a successor order shall apply to the review of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1).
removed
Consideration of information relating to national security— In reviewing an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1), the Secretary shall take into account information provided by the Director of National Intelligence regarding any threat to the national security of the United States posed by the proposed export, reexport, or transfer. The Director of National Intelligence shall provide such information on the request of the Secretary.
removed
Disclosures relating to collaborative arrangements— In the case of an application for a license or other authorization for the export, reexport, or in-country transfer of technology described in paragraph (1) submitted by or on behalf of a joint venture, joint development agreement, or similar collaborative arrangement, the Secretary may require the applicant to identify, in addition to any foreign person participating in the arrangement, any foreign person with significant ownership interest in a foreign person participating in the arrangement.
removed
Exceptions—
removed
Mandatory exceptions— The Secretary may not control under this subsection the export of any technology—
removed
described in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)); or
removed
if the regulation of the export of that technology is prohibited under any other provision of law.
removed
Regulatory exceptions— In prescribing regulations under paragraph (1), the Secretary may include regulatory exceptions to the requirements of that paragraph.
removed
Additional exceptions— The Secretary shall not be required to impose under paragraph (1) a requirement for a license or other authorization with respect to the export, reexport, or in-country transfer of technology described in paragraph (1) pursuant to any of the following transactions:
removed
The sale or license of a finished item and the provision of associated technology if the United States person that is a party to the transaction generally makes the finished item and associated technology available to its customers, distributors, or resellers.
removed
The sale or license to a customer of a product and the provision of integration services or similar services if the United States person that is a party to the transaction generally makes such services available to its customers.
removed
The transfer of equipment and the provision of associated technology to operate the equipment if the transfer could not result in the foreign person using the equipment to produce critical technologies (as defined in section 721(a) of the Defense Production Act of 1950, as amended by section 1703).
removed
The procurement by the United States person that is a party to the transaction of goods or services, including manufacturing services, from a foreign person that is a party to the transaction, if the foreign person has no rights to exploit any technology contributed by the United States person other than to supply the procured goods or services.
removed
Any contribution and associated support by a United States person that is a party to the transaction to an industry organization related to a standard or specification, whether in development or declared, including any license of or commitment to license intellectual property in compliance with the rules of any standards organization (as defined by the Secretary by regulation).
removed
Multilateral controls—
removed
In general— The Secretary of State, in consultation with the Secretary and the Secretary of Defense, and the heads of other Federal agencies, as appropriate, shall propose that any technology identified pursuant to subsection (a) be added to the list of technologies controlled by the relevant multilateral export control regimes.
removed
Items on Commerce Control List or United States Munitions List— If the Secretary of State proposes to a multilateral export control regime under paragraph (1) to add a technology identified pursuant to subsection (a) to the control list of that regime and that regime does not add that technology to the control list during the 3-year period beginning on the date of the proposal, the applicable agency head may determine whether national security concerns warrant the continuation of unilateral export controls with respect to that technology.
removed
Report to Committee on Foreign Investment in the United States— Not less frequently than every 180 days, the Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit to the Committee on Foreign Investment in the United States a report on the results of actions taken pursuant to this section.
removed
Report to Congress— Not less frequently than every 180 days, the Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit a report on the results of actions taken pursuant to this section, including actions taken pursuant to subsections (a), (b), and (c), to—
removed
the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
Modifications to Emerging Technology and Research Advisory Committee—
removed
In general— The Secretary shall revise the objectives of the Emerging Technology and Research Advisory Committee, established by the Secretary under the Export Administration Regulations, to include advising the interagency process established under subsection (a) with respect to emerging and foundational technologies.
removed
Duties— The Secretary—
removed
shall revise the duties of the Emerging Technology and Research Advisory Committee to include identifying emerging and foundational technologies that may be developed over a period of 5 years or 10 years; and
removed
may revise the duties of the Advisory Committee to include identifying trends in—
removed
the ownership by foreign persons and foreign governments of such technologies;
removed
the types of transactions related to such technologies engaged in by foreign persons and foreign governments;
removed
the blending of private and government investment in such technologies; and
removed
efforts to obfuscate ownership of such technologies or to otherwise circumvent the controls established under this section.
removed
Meetings—
removed
Frequency— The Emerging Technology and Research Advisory Committee should meet not less frequently than every 120 days.
removed
Attendance— A representative from each agency participating in the interagency process established under subsection (a) should be in attendance at each meeting of the Emerging Technology and Research Advisory Committee.
removed
Classified information— Not fewer than half of the members of the Emerging Technology and Research Advisory Committee should hold sufficient security clearances such that classified information, including classified information described in clauses (ii) and (iii) of subsection (a)(2)(A), from the interagency process established under subsection (a) can be shared with those members to inform the advice provided by the Advisory Committee.
removed
Applicability of Federal Advisory Committee Act— Subsections (a)(1), (a)(3), and (b) of section 10 and sections 11, 13, and 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Emerging Technology and Research Advisory Committee.
removed
Report— The Emerging Technology and Research Advisory Committee shall include the findings of the Advisory Committee under this subsection in the annual report to Congress required by section 1765.
removed
Rule of construction— Nothing in this subtitle shall be construed to alter or limit—
removed
the authority of the President or the Secretary of State to designate items as defense articles and defense services for the purposes of the Arms Export Control Act (22 U.S.C. 2751 et seq.) or to otherwise regulate such items; or
removed
the authority of the President under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), or the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or any other provision of law relating to the control of exports.
Sec. 1759 Review relating to countries subject to comprehensive United States arms embargo
removed
removed
In general— The Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall conduct a review of license requirements for exports, reexports, or in-country transfers of items to countries subject to a comprehensive United States arms embargo, including, as appropriate—
removed
the scope of controls under title 15, Code of Federal Regulations, that apply to exports, reexports, and in-country transfers for military end uses and military end users in countries that are subject to a comprehensive United States arms embargo and countries that are subject to a United Nations arms embargo; and
removed
entries on the Commerce Control List maintained under title 15, Code of Federal Regulations, that are not subject to a license requirement for the export, reexport, or in-country transfer of items to countries subject to a comprehensive United States arms embargo;
removed
Implementation of results of review— Not later than 270 days after the date of the enactment of this Act, the Secretary shall implement the results of the review conducted under subsection (a).
Sec. 1760 Penalties
removed
removed
Unlawful acts—
removed
In general— It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this part or of any regulation, order, license, or other authorization issued under this part, including any of the unlawful acts described in paragraph (2).
removed
Specific unlawful acts— The unlawful acts described in this paragraph are the following:
removed
No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by this part, the Export Administration Regulations, or any order, license or authorization issued thereunder.
removed
No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required by this part, the Export Administration Regulations, or any order, license or authorization issued thereunder.
removed
No person may solicit or attempt a violation of this part, the Export Administration Regulations, or any order, license or authorization issued thereunder.
removed
No person may conspire or act in concert with one or more other persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of this part, the Export Administration Regulations, or any order, license or authorization issued thereunder.
removed
No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities for, any item exported or to be exported from the United States, or that is otherwise subject to the Export Administration Regulations, with knowledge that a violation of this part, the Export Administration Regulations, or any order, license or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item unless valid authorization is obtained therefor.
removed
No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to the Department of Commerce, or an official of any other United States agency, including the Department of Homeland Security and the Department of Justice, or indirectly through any other person—
removed
in the course of an investigation or other action subject to the Export Administration Regulations;
removed
in connection with the preparation, submission, issuance, use, or maintenance of any export control document or any report filed or required to be filed pursuant to the Export Administration Regulations; or
removed
for the purpose of or in connection with effecting any export, reexport, or in-country transfer of an item subject to the Export Administration Regulations or a service or other activity of a United States person described in section 1754.
removed
No person may engage in any transaction or take any other action with intent to evade the provisions of this part, the Export Administration Regulations, or any order, license, or authorization issued thereunder.
removed
No person may fail or refuse to comply with any reporting or recordkeeping requirements of the Export Administration Regulations or of any order, license, or authorization issued thereunder.
removed
Except as specifically authorized in the Export Administration Regulations or in writing by the Department of Commerce, no person may alter any license, authorization, export control document, or order issued under the Export Administration Regulations.
removed
No person may take any action that is prohibited by a denial order or a temporary denial order issued by the Department of Commerce to prevent imminent violations of this part, the Export Administration Regulations, or any order, license or authorization issued thereunder.
removed
Additional requirements— For purposes of paragraph (2)(F), any representation, statement, or certification made by any person shall be deemed to be continuing in effect. Each person who has made a representation, statement, or certification to the Department of Commerce relating to any order, license, or other authorization issued under this part shall notify the Department of Commerce, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention had occurred or may occur in the future.
removed
Criminal penalty— A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of, an unlawful act described in subsection (a)—
removed
shall be fined not more than $1,000,000; and
removed
in the case of the individual, shall be imprisoned for not more than 20 years, or both.
removed
Civil penalties—
removed
Authority— The Secretary may impose the following civil penalties on a person for each violation by that person of this part or any regulation, order, or license issued under this part, for each violation:
removed
A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.
removed
Revocation of a license issued under this part to the person.
removed
A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under this part.
removed
Procedures— Any civil penalty under this subsection may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5, United States Code.
removed
Standards for levels of civil penalty— The Secretary may by regulation provide standards for establishing levels of civil penalty under this subsection based upon factors such as the seriousness of the violation, the culpability of the violator, and such mitigating factors as the violator’s record of cooperation with the Government in disclosing the violation.
removed
Criminal forfeiture—
removed
In general— Any person who is convicted under subsection (b) of a violation of a control imposed under section 1753 (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United States any of the person’s property—
removed
used or intended to be used, in any manner, to commit or facilitate the violation;
removed
constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation; or
removed
constituting an item or technology that is exported or intended to be exported in violation of this title.
removed
Procedures— The procedures in any forfeiture under this subsection shall be governed by the procedures established under section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of such section.
removed
Prior convictions—
removed
License bar—
removed
In general— The Secretary may—
removed
deny the eligibility of any person convicted of a criminal violation described in subparagraph (B) to export, reexport, or in-country transfer outside the United States any item, whether or not subject to controls under this part, for a period of up to 10 years beginning on the date of the conviction; and
removed
revoke any license or other authorization to export, reexport, or in-country transfer items that was issued under this part and in which such person has an interest at the time of the conviction.
removed
Violations— The violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt or conspiracy to violate—
removed
this part (or any regulation, license, or order issued under this part);
removed
any regulation, license, or order issued under the International Emergency Economic Powers Act;
removed
section 371, 554, 793, 794, or 798 of title 18, United States Code;
removed
section 1001 of title 18, United States Code;
removed
section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 783(b)); or
removed
section 38 of the Arms Export Control Act (22 U.S.C. 2778).
removed
Application to other parties— The Secretary may exercise the authority under paragraph (1) with respect to any person related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or business, to any person convicted of any violation of law set forth in paragraph (1), upon a showing of such relationship with the convicted party, and subject to the procedures set forth in subsection (c)(2).
removed
Other authorities— Nothing in subsection (c), (d), or (e) limits—
removed
the availability of other administrative or judicial remedies with respect to violations of this part, or any regulation, order, license or other authorization issued under this part;
removed
the authority to compromise and settle administrative proceedings brought with respect to violations of this part, or any regulation, order, license, or other authorization issued under this part; or
removed
the authority to compromise, remit or mitigate seizures and forfeitures pursuant to section 1(b) of title VI of the Act of June 15, 1917 (22 U.S.C. 401(b)).
Sec. 1761 Enforcement
removed
removed
Authorities— In order to enforce this part, the Secretary, on behalf of the President, may exercise, in addition to relevant enforcement authorities of other Federal agencies, the authority to—
removed
issue orders and guidelines;
removed
require, inspect, and obtain books, records, and any other information from any person subject to the provisions of this part;
removed
administer oaths or affirmations and by subpoena require any person to appear and testify or to appear and produce books, records, and other writings, or both;
removed
conduct investigations within the United States and outside the United States consistent with applicable law;
removed
inspect, search, detain, seize, or issue temporary denial orders with respect to items, in any form, that are subject to controls under this part, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reexported, or in-country transferred in violation of this part, or any regulations, order, license, or other authorization issued thereunder;
removed
carry firearms;
removed
conduct prelicense inspections and post-shipment verifications; and
removed
execute warrants and make arrests.
removed
Undercover investigations—
removed
In general— Amounts made available to carry out this part may be used by the Secretary to carry out undercover investigations that are necessary for detection and prosecution of violations of this part, including to—
removed
purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
removed
sections 1341 and 3324 of title 31, United States Code;
removed
section 8141 of title 40, United States Code;
removed
sections 3901, 6301(a) and (b)(1) to (3), and 6306 of title 41, United States Code; and
removed
chapter 45 of title 41, United States Code; and
removed
establish or acquire proprietary corporations or business entities as part of the undercover operation and operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31, United States Code.
removed
Deposit of amounts in banks or other financial institutions— Amounts made available to carry out this part that are used to carry out undercover operations under paragraph (1) may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18, United States Code, and section 3302 of title 31, United States Code.
removed
Offset of necessary and reasonable expenses— Any proceeds from an undercover operation carried out under paragraph (1) may be used to offset necessary and reasonable expenses incurred in such undercover operation without regard to the provisions of section 3302 of title 31, United States Code.
removed
Disposition of corporations and business entities— If a corporation or business entity established or acquired as part of an undercover operation carried out under paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Secretary shall report the circumstances to the Comptroller General of the United States as much in advance of such disposition as the Secretary determines is practicable. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. Any property or equipment purchased pursuant to paragraph (1) may be retained for subsequent use in undercover operations under this section. When such property or equipment is no longer needed, it shall be considered surplus and disposed of as surplus government property.
removed
Deposit of proceeds— As soon as the proceeds from an undercover operation carried out under paragraph (1), with respect to which an action is certified and carried out under this subsection, are no longer needed for the conduct of such operation, the proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts.
removed
Enforcement of subpoenas— In the case of contumacy by, or refusal to obey a subpoena issued to, any person under subsection (a)(3), a district court of the United States, after notice to such person and a hearing, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce books, records, and other writings, regardless of format, that are the subject of the subpoena. Any failure to obey such order of the court may be punished by such court as a contempt thereof.
removed
Best practice guidelines—
removed
In general— The Secretary, in consultation with the heads of other appropriate Federal agencies, should publish and update “best practices” guidelines to assist persons in developing and implementing, on a voluntary basis, effective export control programs in compliance with the regulations issued under this part.
removed
Export compliance program— The implementation by a person of an effective export compliance program and a high quality overall export compliance effort by a person should ordinarily be given weight as mitigating factors in a civil penalty action against the person under this part.
removed
Reference to enforcement— For purposes of this section, a reference to the enforcement of, or a violation of, this part includes a reference to the enforcement or a violation of any regulation, order, license or other authorization issued pursuant to this part.
removed
Wiretapping— Section 2516(1) of title 18, United States Code, is amended—
removed
in subparagraph (s), by striking “or” at the end;
removed
by redesignating subparagraph (t) as subparagraph (u); and
removed
by inserting after subparagraph (s) (as amended by paragraph (1) of this subsection) the following new subparagraph:
removed
“(t) any violation of the Export Control Reform Act of 2018; or”
removed
Immunity— A person shall not be excused from complying with any requirements under this section because of the person’s privilege against self-incrimination, but the immunity provisions of section 6002 of title 18, United States Code, shall apply with respect to any individual who specifically claims such privilege.
removed
Confidentiality of information—
removed
Exemptions from disclosure—
removed
In general— Information obtained under this part may be withheld from disclosure only to the extent permitted by statute, except that information described in subparagraph (B) shall be withheld from public disclosure and shall not be subject to disclosure under section 552(b)(3) of title 5, United States Code, unless the release of such information is determined by the Secretary to be in the national interest.
removed
Information described— Information described in this subparagraph is information submitted or obtained in connection with an application for a license or other authorization to export, reexport, or in-country transfer items or engage in other activities, a recordkeeping or reporting requirement, an enforcement activity, or other operations under this part, including—
removed
the license application, license, or other authorization itself;
removed
classification or advisory opinion requests, and the response thereto;
removed
license determinations, and information pertaining thereto;
removed
information or evidence obtained in the course of any investigation; and
removed
information obtained or furnished in connection with any international agreement, treaty, or other obligation.
removed
Information to the Congress and GAO—
removed
In general— Nothing in this section shall be construed as authorizing the withholding of information from the Congress or from the Government Accountability Office.
removed
Availability to the Congress—
removed
In general— Any information obtained at any time under any provision of the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect on the day before the date of the enactment of this Act and as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), under the Export Administration Regulations, or under this part, including any report or license application required under any such provision, shall be made available to a committee or subcommittee of Congress of appropriate jurisdiction, upon the request of the chairman or ranking minority member of such committee or subcommittee.
removed
Prohibition on further disclosure— No such committee or subcommittee, or member thereof, may disclose any information made available under clause (i), that is submitted on a confidential basis unless the full committee determines that the withholding of that information is contrary to the national interest.
removed
Availability to GAO—
removed
In general— Information described in clause (i) of subparagraph (B) shall be subject to the limitations contained in section 716 of title 31, United States Code.
removed
Prohibition on further disclosure— An officer or employee of the Government Accountability Office may not disclose, except to the Congress in accordance with this paragraph, any such information that is submitted on a confidential basis or from which any individual can be identified.
removed
Information sharing—
removed
In general— Any Federal official described in section 1755(a) who obtains information that is relevant to the enforcement of this part, including information pertaining to any investigation, shall furnish such information to each appropriate department, agency, or office with enforcement responsibilities under this section to the extent consistent with the protection of intelligence, counterintelligence, and law enforcement sources, methods, and activities.
removed
Exceptions— The provisions of this paragraph shall not apply to information subject to the restrictions set forth in section 9 of title 13, United States Code, and return information, as defined in subsection (b) of section 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103(b)), may be disclosed only as authorized by that section.
removed
Exchange of information— The President shall ensure that the heads of departments, agencies, and offices with enforcement authorities under this part, consistent with protection of law enforcement and its sources and methods—
removed
exchange any licensing and enforcement information with one another that is necessary to facilitate enforcement efforts under this section; and
removed
consult on a regular basis with one another and with the head of other departments, agencies, and offices that obtain information subject to this paragraph, in order to facilitate the exchange of such information.
removed
Information sharing with Federal agencies— Licensing or enforcement information obtained under this part may be shared with departments, agencies, and offices that do not have enforcement authorities under this part on a case-by-case basis.
removed
Reporting requirements— In the administration of this section, reporting requirements shall be designed to reduce the cost of reporting, recordkeeping, and documentation to the extent consistent with effective enforcement and compilation of useful trade statistics. Reporting, recordkeeping, and documentation requirements shall be periodically reviewed and revised in the light of developments in the field of information technology.
removed
Civil forfeiture—
removed
In general— Any property, real or personal, tangible or intangible, seized under subsection (a) by designated officers or employees shall be subject to forfeiture to the United States in accordance with applicable law.
removed
Procedures— Any seizure or forfeiture under this subsection shall be carried out in accordance with the procedures set forth in section 981 of title 18, United States Code.
removed
Rule of construction— Nothing in this Act shall be construed to limit or otherwise affect the enforcement authorities of the Department of Homeland Security which may also complement those set forth herein.
Sec. 1762 Administrative procedure
removed
removed
In general— Except as provided in section 1760(c)(2)or 1774(c), the functions exercised under this part shall not be subject to sections 551, 553 through 559, and 701 through 706 of title 5, United States Code.
removed
Administrative law judges—
removed
In general— The Secretary may—
removed
appoint administrative law judges, consistent with the provisions of section 3105 of title 5, United States Code; and
removed
designate properly appointed administrative law judges from other Federal agencies who are provided to the Department of Commerce pursuant to a legally authorized interagency agreement.
removed
Limitation— An administrative law judge appointed or designated by the Secretary under paragraph (1) may preside only over proceedings of the Department of Commerce.
removed
Amendments to regulations— The President shall notify in advance the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives of any proposed amendments to the Export Administration Regulations with an explanation of the intent and rationale of such amendments.
Sec. 1763 Review of interagency dispute resolution process
removed
removed
In general— The President shall review and evaluate the interagency export license referral, review, and escalation processes for dual-use items and munitions under the licensing jurisdiction of the Department of Commerce or any other Federal agency, as appropriate, to determine whether current practices and procedures are consistent with established national security and foreign policy objectives.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under subsection (a).
removed
Operating Committee for Export Policy— In any case in which the Operating Committee for Export Policy established by Executive Order 12981 (December 5, 1991; relating to Administration of Export Controls) is meeting to conduct an interagency dispute resolution relating to applications for export licenses under the Export Administration Regulations, matters relating to jet engine hot section technology, commercial communication satellites, and emerging or foundational technology may be decided by majority vote.
removed
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
removed
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
removed
the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Sec. 1764 Consultation with other agencies on commodity classification
removed
removed
Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Secretary of Energy, as appropriate, regarding commodity classifications for any item the Secretary and the Secretary of Defense, the Secretary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency consultation.
Sec. 1765 Annual report to Congress
removed
removed
In general— The Secretary shall submit to Congress, by December 31 of each year, a report on the implementation of this part during the preceding fiscal year. The report shall include a review of—
removed
the effect of controls imposed under this part on exports, reexports, and in-country transfers of items in addressing threats to the national security or foreign policy of the United States, including a description of licensing processing times;
removed
the impact of such controls on the scientific and technological leadership of the United States;
removed
the consistency with such controls of export controls imposed by other countries;
removed
efforts to provide exporters with compliance assistance, including specific actions to assist small- and medium-sized businesses;
removed
a summary of regulatory changes from the prior fiscal year;
removed
a summary of export enforcement actions, including of actions taken to implement end-use monitoring of dual-use, military, and other items subject to the Export Administration Regulations;
removed
a summary of approved license applications to proscribed persons;
removed
efforts undertaken within the previous year to comply with the requirements of section 1759, including any critical technologies identified under such section and how or whether such critical technologies were controlled for export; and
removed
a summary of industrial base assessments conducted during the previous year by the Department of Commerce, including with respect to counterfeit electronics, foundational technologies, and other research and analysis of critical technologies and industrial capabilities of key defense-related sectors.
removed
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 1766 Repeal
removed
removed
In general— The Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) (other than sections 11A, 11B, and 11C of such Export Administration Act of 1979) is repealed.
removed
Implementation— The President shall implement the amendment made by subsection (a) by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
Sec. 1767 Effect on other Acts
removed
removed
In general— Except as otherwise provided in this part, nothing contained in this part shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over the export or reexport of any item.
removed
Coordination of controls—
removed
In general— The authority granted to the President under this part shall be exercised in such manner so as to achieve effective coordination with the authority exercised under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and all other export control and sanctions authorities exercised by Federal departments and agencies, particularly the Department of State, the Department of the Treasury, and the Department of Energy.
removed
Sense of Congress— It is the sense of Congress that in order to achieve effective coordination described in paragraph (1), such Federal departments and agencies—
removed
should continuously work to create enforceable regulations with respect to the export, reexport, and in-country transfer by United States and foreign persons of commodities, software, technology, and services to various end uses and end users for foreign policy and national security reasons;
removed
should regularly work to reduce complexity in the system, including complexity caused merely by the existence of structural, definitional, and other non-policy based differences between and among different export control and sanctions systems; and
removed
should coordinate controls on items exported, reexported, or in-country transferred in connection with a foreign military sale under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) or a commercial sale under section 38 of the Arms Export Control Act to reduce as much unnecessary administrative burden as possible that is a result of differences between the exercise of those two authorities.
removed
Nonproliferation controls— Nothing in this part shall be construed to supersede the procedures published by the President pursuant to section 309(c) of the Nuclear Non-Proliferation Act of 1978.
Sec. 1768 Transition provisions
removed
removed
In general— All delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect on the day before the date of the enactment of this Act and as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), or the Export Administration Regulations, and are in effect as of the date of the enactment of this Act, shall continue in effect according to their terms until modified, superseded, set aside, or revoked under the authority of this part.
removed
Administrative and judicial proceedings— This part shall not affect any administrative or judicial proceedings commenced, or any applications for licenses made, under the Export Administration Act of 1979 (as in effect on the day before the date of the enactment of this Act and as continued in effect pursuant to the International Emergency Economic Powers Act), or the Export Administration Regulations.
removed
Certain determinations and references—
removed
State sponsors of terrorism— Any determination that was made under section 6(j) of the Export Administration Act of 1979 (as in effect on the day before the date of the enactment of this Act and as continued in effect pursuant to the International Emergency Economic Powers Act) shall continue in effect as if the determination had been made under section 1754(c).
removed
Reference— Any reference in any other provision of law to a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as in effect on the day before the date of the enactment of this Act and as continued in effect pursuant to the International Emergency Economic Powers Act), is a government that has repeatedly provided support for acts of international terrorism shall be deemed to refer to a country the government of which the Secretary of State has determined, for purposes of section 1754(c), is a government that has repeatedly provided support for acts of international terrorism.
Sec. 1771 Short title
removed
removed
This part may be cited as the “Anti-Boycott Act of 2018”.
Sec. 1772 Statement of policy
removed
removed
Congress declares it is the policy of the United States—
removed
to oppose restrictive trade practices or boycotts fostered or imposed by any foreign country against other countries friendly to the United States or against any United States person;
removed
to encourage and, in specified cases, require United States persons engaged in the export of goods or technology or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or any United States person; and
removed
to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies.
Sec. 1773 Foreign boycotts
removed
removed
Prohibitions and exceptions—
removed
Prohibitions— For the purpose of implementing the policies set forth in section 1772, the President shall issue regulations prohibiting any United States person, with respect to that person’s activities in the interstate or foreign commerce of the United States, from taking or knowingly agreeing to take any of the following actions with intent to comply with, further, or support any boycott fostered or imposed by any foreign country, against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation:
removed
Refusing, or requiring any other person to refuse, to do business with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, pursuant to an agreement with, a requirement of, or a request from or on behalf of the boycotting country. The mere absence of a business relationship with or in the boycotted country with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate the existence of the intent required to establish a violation of regulations issued to carry out this subparagraph.
removed
Refusing, or requiring any other person to refuse, to employ or otherwise discriminating against any United States person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person.
removed
Furnishing information with respect to the race, religion, sex, or national origin of any United States person or of any owner, officer, director, or employee of such person.
removed
Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the boycotted country, with any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person which is known or believed to be restricted from having any business relationship with or in the boycotting country. Nothing in this subparagraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary.
removed
Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the boycotted country.
removed
Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement compliance with which is prohibited by regulations issued pursuant to this paragraph, and no United States person shall, as a result of the application of this paragraph, be obligated to pay or otherwise honor or implement such letter of credit.
removed
Exceptions— Regulations issued pursuant to paragraph (1) shall provide exceptions for—
removed
complying or agreeing to comply with requirements—
removed
prohibiting the import of goods or services from the boycotted country or goods produced or services provided by any business concern organized under the laws of the boycotted country or by nationals or residents of the boycotted country; or
removed
prohibiting the shipment of goods to the boycotting country on a carrier of the boycotted country, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;
removed
complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipment as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;
removed
complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurers, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;
removed
complying or agreeing to comply with export requirements of the boycotting country relating to shipments or transshipments of exports to the boycotted country, to any business concern of or organized under the laws of the boycotted country, or to any national or resident of the boycotted country;
removed
compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and
removed
compliance by a United States person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his own use, including the performance of contractual services within that country, as may be defined by such regulations.
removed
Special rules— Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall not provide exceptions from paragraphs (1)(B) and (1)(C).
removed
Rule of construction— Nothing in this subsection may be construed to supersede or limit the operation of the antitrust or civil rights laws of the United States.
removed
Application— This section shall apply to any transaction or activity undertaken, by or through a United States person or any other person, with intent to evade the provisions of this section as implemented by the regulations issued pursuant to this subsection, and such regulations shall expressly provide that the exceptions set forth in paragraph (2) shall not permit activities or agreements (expressed or implied by a course of conduct, including a pattern of responses) otherwise prohibited, which are not within the intent of such exceptions.
removed
Foreign policy controls—
removed
In general— In addition to the regulations issued pursuant to subsection (a), regulations issued under part I to carry out the policies set forth in section 1752(1)(D) shall implement the policies set forth in this section.
removed
Requirements— Such regulations shall require that any United States person receiving a request for the furnishing of information, the entering into or implementing of agreements, or the taking of any other action referred to in subsection (a) shall report that fact to the Secretary, together with such other information concerning such request as the Secretary may require for such action as the Secretary considers appropriate for carrying out the policies of that section. Such person shall also report to the Secretary whether such person intends to comply and whether such person has complied with such request. Any report filed pursuant to this paragraph shall be made available promptly for public inspection and copying, except that information regarding the quantity, description, and value of any goods or technology to which such report relates may be kept confidential if the Secretary determines that disclosure thereof would place the United States person involved at a competitive disadvantage. The Secretary shall periodically transmit summaries of the information contained in such reports to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary, considers appropriate for carrying out the policies set forth in section 1772.
removed
Preemption— The provisions of this section and the regulations issued pursuant thereto shall preempt any law, rule, or regulation of any of the several States or the District of Columbia, or any of the territories or possessions of the United States, or of any governmental subdivision thereof, which law, rule, or regulation pertains to participation in, compliance with, implementation of, or the furnishing of information regarding restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States.
Sec. 1774 Enforcement
removed
removed
Criminal penalty— A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act section 1773—
removed
shall, upon conviction, be fined not more than $1,000,000; or
removed
if a natural person, may be imprisoned for not more than 20 years, or both.
removed
Civil penalties— The President may impose the following civil penalties on a person who violates section 1773 or any regulation issued under this part:
removed
A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.
removed
Revocation of a license issued under part I to the person.
removed
A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under part I.
removed
Procedures— Any civil penalty or administrative sanction (including any suspension or revocation of authority to export) under this section may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5, United States Code, and shall be subject to judicial review in accordance with chapter 7 of such title.
removed
Standards for levels of civil penalty— The President may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s record of cooperation with the Government in disclosing the violation.
Sec. 1781 Under Secretary of Commerce for Industry and Security
removed
removed
In general— On and after the date of the enactment of this Act, any reference in any law or regulation to the Under Secretary of Commerce for Export Administration shall be deemed to be a reference to the Under Secretary of Commerce for Industry and Security.
removed
Title 5— Section 5314 of title 5, United States Code, is amended by striking “Under Secretary of Commerce for Export Administration” and inserting “Under Secretary of Commerce for Industry and Security”.
removed
Continuation in office— The individual serving as Under Secretary of Commerce for Export Administration on the day before the date of the enactment of this Act may serve as the Under Secretary of Commerce for Industry and Security on and after that date without the need for renomination or reappointment.
Sec. 1791 Extension of authority
removed
removed
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking “September 30, 2019” and inserting “September 30, 2025”.
Sec. 1792 Limitation on cancellation of designation of Secretary of the Air Force as Department of Defense Executive Agent for a certain Defense Production Act program
removed
removed
Limitation on cancellation of designation— The Secretary of Defense may not implement the decision, issued on July 1, 2017, to cancel the designation, under Department of Defense Directive 4400.01E, entitled “Defense Production Act Programs” and dated October 12, 2001, of the Secretary of the Air Force as the Department of Defense Executive Agent for the program carried out under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the date specified in subsection (c).
removed
Designation— The Secretary of the Air Force shall continue to serve as the sole and exclusive Department of Defense Executive Agent for the program described in subsection (a) until the date specified in subsection (c).
removed
Date specified— The date specified in this subsection is the date of the enactment of a joint resolution or an Act approving the implementation of the decision described in subsection (a).
Sec. 1793 Review of and report on certain defense technologies critical to the United States maintaining superior military capabilities
removed
removed
Review required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence, in consultation with the Air Force Research Laboratory, the Defense Advanced Projects Research Agency, and such other appropriate research entities as the Secretary and the Director may identify, shall—
removed
jointly carry out and complete a review of key national security technology capability advantages, competitions, and gaps between the United States and “near peer” nations;
removed
develop a definition of “near peer nation” for purposes of paragraph (1); and
removed
submit to the appropriate congressional committees a report on the findings of the Secretary and the Director with respect to the review conducted under paragraph (1).
removed
Elements— The review conducted under paragraph (1) of subsection (a), and the report required by paragraph (3) of that subsection, shall identify, at a minimum, the following:
removed
Key United States industries and research and development activities expected to be critical to maintaining a national security technology capability if, during the 5-year period beginning on the date of the enactment of this Act, the Secretary and the Director anticipate that—
removed
a United States industrial base shortfall will exist; and
removed
United States industry will be unable to or otherwise will not provide the needed capacity in a timely manner without financial assistance from the United States Government through existing statutory authorities specifically intended for that purpose, including assistance provided under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) and other appropriate authorities.
removed
Key areas in which the United States currently enjoys a technological advantage.
removed
Key areas in which the United States no longer enjoys a technological advantage.
removed
Sectors of the defense industrial base in which the United States lacks adequate productive capacity to meet critical national defense needs.
removed
Priority areas for which appropriate statutory industrial base incentives should be applied as the most cost-effective, expedient, and practical alternative for meeting the technology or defense industrial base needs identified under this subsection, including—
removed
sustainment of critical production and supply chain capabilities;
removed
commercialization of research and development investments;
removed
scaling of emerging technologies; and
removed
other areas as determined by the Secretary and the Director.
removed
Priority funding recommendations with respect to key areas that the Secretary, in consultation with the Director, determines are—
removed
critical to the United States maintaining superior military capabilities, especially with respect to potential peer and near peer military or economic competitors, during the 5-year period beginning on the date of the enactment of this Act; and
removed
suitable for long-term investment from funds made available under title III of the Defense Production Act of 1950 and other appropriate statutory authorities.
removed
Form of report— The report required by subsection (a)(3) shall be submitted in unclassified form, but may include a classified annex.
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
removed
the Committee on Banking, Housing and Urban Affairs, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Financial Services, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 2101 Authorized Army construction and land acquisition projects
changed
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, 7601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, 7601, the Secretary of the Army may acquire real property and carry out the military construction project for the installations or locations outside the United States, and in the amount, set forth in the following table:
Sec. 2102 Family housing
changed
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, 7601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
changed
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, 7601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $18,326,000.
Sec. 2103 Authorization of appropriations, Army
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.7601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.7601.
Sec. 2105 Extension of authorizations of certain fiscal year 2016 project
removed
removed
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1145) the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (129 Stat. 1146), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
removed
Table— The table referred to in subsection (a) is as follows:
Sec. 2201 Authorized Navy construction and land acquisition projects
changed
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, 7601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, 7601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
Sec. 2202 Family housing
changed
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, 7601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
changed
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, 7601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,502,000.
Sec. 2203 Improvements to military family housing units
changed
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, 7601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $16,638,000.
Sec. 2204 Authorization of appropriations, Navy
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.7601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.7601.
Sec. 2301 Authorized Air Force construction and land acquisition projects
changed
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table:
Sec. 2302 Family housing
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, 7601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,199,000.
Sec. 2303 Improvements to military family housing units
changed
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, 7601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $75,247,000.
Sec. 2304 Authorization of appropriations, Air Force
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.7601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.7601.
Sec. 2305 Modification of authority to carry out certain phased project authorized in fiscal years 2015, 2016, and 2017
changed
In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton, Croughton for JIAC Consolidation Phase 1, the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) for Croughton Royal Air Force, Force for JIAC Consolidation Phase 2, and the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2697) for Royal Air Force Croughton, Croughton for JIAC Consolidation Phase 3, the location shall be United Kingdom, Unspecified.
Sec. 2307 Modification of authority to carry out certain fiscal year 2018 project
changed
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1825) for the United States Air Force Academy, Colorado, for construction of a cyberworks facility, the Secretary of the Air Force may construct a facility of up to 4,462 square meters that includes two real property gifts of construction of 929 and 465 4,000 square meters if such gift is accepted by the Secretary in accordance with section 2601 of title 10, United States Code.meters.
Sec. 2308 Additional authority to carry out certain fiscal year 2019 projects
Project authorizations— The Secretary of the Air Force may carry out military construction projects to construct—
a 6,702 square meter Joint Simulation Environment Facility at Edwards Air Force Base, California, in the amount of $43,000,000;
a 4,833 square meter Cyberspace Test Facility at Eglin Air Force Base, Florida, in the amount of $38,000,000; and
a 4,735 square meter Joint Simulation Environment Facility at Nellis Air Force Base, Nevada, in the amount of $30,000,000.
changed
Use of research, development, test, and evaluation funds— As provided for in the Defense Laboratory Modernization Pilot Program authorized by section 2803 of the Military Construction Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169), (10 U.S.C. 2358 note), the Secretary may use funds available for research, development, test, and evaluation for the projects described in subsection (a).
Sec. 2401 Authorized defense agencies construction and land acquisition projects
changed
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, 7601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, 7601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2402 Authorized energy conservation projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, 7601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code.Code, in the amount set forth in the table.
Sec. 2403 Authorization of appropriations, defense agencies
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.7601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.7601.
Sec. 2405 Authorization of certain fiscal year 2018 project
removed
removed
The table in section 2401(a) of the National Defense Authorization Act for Fiscal Year 2018 (division B of Public Law 105–91) is amended by inserting after the item relating to South Carolina the following new item:
Sec. 2502 Authorization of appropriations, NATO
added Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 7601.
removed
Authorization— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
removed
Authority to recognize NATO authorization amounts as budgetary resources for project execution— When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, 7601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, 7601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, 7601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
changed
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.7601.
Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
changed
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.7601.
Sec. 2801 Commercial construction standards for facilities on leased property
added
Use of commercial standards— Section 2667(b) of title 10, United States Code, is amended—
added
by striking “and” at the end of paragraph (6);
added
by striking the period at the end of paragraph (7) and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(8) shall provide that any facilities constructed on the property may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.”
removed
Section 2353(a) of title 10, United States Code, is amended—
changed
Effective date— The amendment made by inserting after the first sentence the following: “The acquisition or construction of these research, developmental, or test facilities subsection (a) shall be subject to the cost principles applicable apply with respect to allowable contract expenses.”; andleases entered into during fiscal year 2019 or any succeeding fiscal year.
removed
by adding at the end the following: “The Secretary of Defense and the Secretaries of the military departments shall promulgate regulations necessary to give full force and effect to this section.”.
Sec. 2802 Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States
changed
Use Extension of commercial standards—authority— Section 2667(b) Subsection (h) of title 10, United States Code, section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1846), is amended—
changed
in paragraph (1), by striking “and” at the end of paragraph (6);“December 31, 2018” and inserting “December 31, 2019”; and
changed
in paragraph (2), by striking the period at the end of paragraph (7) “fiscal year 2019” and inserting “; and”; and“fiscal year 2020”.
removed
by adding at the end the following new paragraph:
removed
“(8) shall provide that any facilities constructed on the property may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.”
changed
Effective date—Limitation on use of authority— The amendment made by subsection (a) shall apply with respect to leases entered into during fiscal year 2019 or any Subsection (c)(1) of the four succeeding fiscal years.such section is amended—
added
by striking “October 1, 2017” and inserting “October 1, 2018”;
added
by striking “December 31, 2018” and inserting “December 31, 2019”; and
added
by striking “fiscal year 2019” and inserting “fiscal year 2020”.
Sec. 2803 Small business set-aside for contracts for architectural and engineering services and construction design
added
Mandatory award of contracts under threshold amount— Section 2855(b)(1) of title 10, United States Code, is amended by striking “subsection (a)—” and all that follows and inserting the following: “subsection (a), if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.).”.
removed
Section 2802(e)(1) of title 10, United States Code, is amended—
changed
Increase in threshold amount— by striking “Secretary concerned shall—” and all that follows through “comply with the congressional notification requirement” and inserting “Secretary concerned shall comply with the congressional notification requirement”; andSection 2855(b)(2) of such title is amended—
added
by striking “initial”;
added
by striking “$300,000” and inserting “$1,000,000”; and
added
by striking the second sentence.
changed
Effective date— The amendments made by inserting “and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant this section shall apply with respect to the congressional notification requirement” after “road project will be carried out”.fiscal year 2019 and each succeeding fiscal year.
Sec. 2804 Authority to obtain architectural and engineering services and construction design for defense laboratory modernization program
changed
Mandatory award of contracts under threshold amount—Authority— Section 2855(b)(1) of title 10, United States Code, is amended by striking “subsection (a)—” and all that follows and inserting the following: “subsection (a), if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions 2803 of the Small Business National Defense Authorization Act (15 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 631 et seq.).”.2358 note) is amended—
added
by redesignating subsection (f) as subsection (g); and
added
by inserting after subsection (e) the following new subsection:
added “(f) Additional authority to use funds for related architectural and engineering services and contract design
added “(1) Authority—In addition to the authority provided to the Secretary of Defense under subsection (a) to use amounts appropriated or otherwise made available for research, development, test, and evaluation for a military construction project referred to in such subsection, the Secretary of the military department concerned may use amounts appropriated or otherwise made available for research, development, test, and evaluation to obtain architectural and engineering services and to carry out construction design in connection with such a project.
added “(2) Notice requirement—In the case of architectural and engineering services and construction design to be undertaken under this subsection for which the estimated cost exceeds $1,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.”
added
Conforming amendments to waive conditions applicable to existing authority—
added
Condition on and scope of project authority— Section 2803(b) of such Act is amended by striking “project under this section” and inserting “project under subsection (a)”.
removed
Increase in threshold amount— Section 2855(b)(2) of such title is amended—
changed
Congressional notification— Section 2803(c) of such Act is amended by striking “initial”;“carried out under this section” each place it appears in paragraphs (1) and (2) and inserting “carried out under subsection (a)”.
changed
Description of authorized projects— Section 2803(d) of such Act is amended by striking “$300,000” “provided by this section” and inserting “$1,000,000”; and“provided by subsection (a)”.
changed
Funding limitation— Section 2803(e) of such Act is amended by striking the second sentence.“projects under this section” and inserting “projects under subsection (a)”.
changed
Effective date—Extension of period of authority— The amendments made Section 2803(g) of such Act, as redesignated by this section shall apply with respect to fiscal year 2019 subsection (a)(1), is amended by striking “October 1, 2020” and each succeeding fiscal year.inserting “October 1, 2023”.
added
Effective date— The amendments made by this section shall take effect as if included in the enactment of section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note).
Sec. 2805 Repeal of limitation on certain Guam project
added
Repeal of limitation— Section 2879 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1874) is amended by striking subsection (b).
removed
Flood risk disclosure for military construction—
removed
In general— The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval—
removed
disclosure whether a proposed project will be sited within or partially within a 100-year floodplain, according to the most recent available Federal Emergency Management Agency flood hazard data; and
removed
if the proposed project will be sited within or partially within a 100-year floodplain, the specific risk mitigation plan.
removed
Delineation of floodplain— To the extent that Federal Emergency Management Agency flood hazard data are not available for a proposed major or minor military construction site, the Secretary concerned shall establish a process for delineating the 100-year floodplain using risk analysis that is consistent with the standards used to inform Federal flood risk assessments.
removed
Reporting requirements— For proposed projects that are to be sited within or partially within a 100-year floodplain, the Secretary concerned shall submit to the congressional defense committees a report with the following:
removed
An assessment of flood vulnerability for the proposed project.
removed
Any information concerning alternative construction sites that were considered, and an explanation of why those sites do not satisfy mission requirements.
removed
A description of planned flood mitigation measures.
removed
Minimum flood mitigation requirements— When mitigating the flood risk of a major or minor military construction project within or partially within the 100-year floodplain, the Secretary concerned shall require any mitigation plan to assume an additional—
removed
2 feet above the base flood elevation for non-mission critical buildings, as determined by the Secretary; and
removed
3 feet above the base flood elevation for mission-critical buildings, as determined by the Secretary.
changed
Disclosure requirements for Department of Defense Form 1391—Effective date— Not later than 30 days after the date of The amendment made by subsection (a) shall take effect as if included in the enactment of this Act, the Secretary of Defense shall amend Department of National Defense Form 1391 to require, Authorization Act for each requested military construction project—Fiscal Year 2018.
removed
disclosure whether the project was included in the prior year's future-years defense program submitted to Congress pursuant to section 221 of title 10, United States Code; and
removed
inclusion of an energy study or life cycle analysis.
removed
Incorporation of changing environmental condition projections in military construction designs and modifications— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall amend section 3–5.6.2.3 of United Facilities Criteria (UFC) 2–100–01 and UFC 2–100–02 (or any similar successor regulations) to provide that in order to anticipate changing environmental conditions during the design life of existing or planned new facilities and infrastructure, projections from reliable and authorized sources such as the Census Bureau (for population projections), the National Academies of Sciences (for land use change projections and climate projections), the U.S. Geological Survey (for land use change projections), and the U.S. Global Change Research Office and National Climate Assessment (for climate projections) shall be considered and incorporated into military construction designs and modifications.
removed
Inclusion of consideration of energy and climate resiliency efforts in master plans for major military installations— Section 2864 of title 10, United States Code, is amended—
removed
in subsection (a)(2)—
removed
in subparagraph (C), by striking “and” at the end;
removed
in subparagraph (D), by striking the period at the end and inserting “; and”; and
removed
by adding at the end the following new subparagraph:
removed
“(E) energy and climate resiliency efforts.”
removed
in subsection (d), by adding at the end the following new paragraph:
removed
“(3) The term energy and climate resiliency means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to, and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.”
removed
Definition of military installation resilience— Section 101(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
removed
“(8) Military installation resilience—The term military installation resilience means the capability of a military installation to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, or from anticipated or unanticipated changes in environmental conditions, that do, or have the potential to, adversely affect the military installation or essential transportation, logistical, or other necessary resources outside of the military installation that are necessary in order to maintain, improve, or rapidly reestablish installation mission assurance and mission-essential functions.”
removed
Adjustment and diversification assistance for responding to threats to the resilience of a military installation— Section 2391(b)(1) of title 10, United States Code, is amended—
removed
by striking “, or (E) by the closure” and inserting “, (E) by threats to military installation resilience, or (F) by the closure”;
removed
by striking “(A), (B), (C), or (E)” and inserting “(A), (B), (C), or (F)”; and
removed
by striking “action described in clause (D), if the Secretary determines that the encroachment of the civilian community” and inserting “action described in clause (D) or (E), if the Secretary determines that either the encroachment of the civilian community or threats to military installation resilience”.
Sec. 2806 Enhancing force protection and safety on military installations
added
Authorization of additional projects— In addition to any other military construction projects authorized under this Act, the Secretary of the military department concerned may carry out military construction projects to enhance force protection and safety on military installations, as specified in the funding table in section 7601.
removed
Required submissions—
removed
In general— Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2864 the following new section:
removed
“2865. Work in Process Curve charts and outlay tables for military construction projects
removed
“Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include for any military construction project over $90,000,000, as an addendum to be included within the same document as the 1391s for the Military Construction Program budget documentation, a Project Spending Plan that includes—
removed
“(1) a Work in Process Curve chart to identify funding, obligations, and outlay figures; and
removed
“(2) a monthly outlay table for funding, obligations, and outlay figures.”
removed
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2864 the following new item:
changed
Department of Defense guidance—Notice and wait requirements— The Secretary of Defense shall, in coordination with the Under Secretary of Defense (Comptroller), update Department of Defense Financial Management Regulation 7000.14–R, and any other appropriate instructions and guidance, concerned may obligate or expend funds to ensure that carry out a project under this section only after the Department end of Defense takes appropriate actions the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to comply with section 2865 480 of title 10, United States Code, as added by this section.to the congressional defense committees a justification of the need for the project.
added
Expiration of authorization— Section 2002 shall apply with respect to the authorization of a military construction project under this section in the same manner as such section applies to the authorization of a project contained in titles XXI through XXVII.
Sec. 2807 Limitation on use of funds for acquisition of furnished energy for new medical center in Germany
changed
Extension of authority—Limitation— Subsection (h) of section 2808 No amounts authorized to be appropriated or made available to the Secretary of Defense or the Military Construction Authorization Act Secretary of any military department may be used to enter into a contract for Fiscal Year 2004 (division B the acquisition of Public Law 108–136; 117 Stat. 1723), as most recently amended by furnished energy for the new Rhine Ordnance Barracks Army Medical Center (hereafter in this section 2804 of referred to as the Military Construction Authorization Act for Fiscal Year 2018 (division B “Medical Center”) until the Secretary of Public Law 115–91; 131 Stat. 1846), is further amended—Defense submits to the congressional defense committees a written certification that—
changed
in paragraph (1), by striking “December 31, 2018” and inserting “December 31, 2020”; andthe source of furnished energy for the Medical Center will minimize the use of fuels sourced from inside the Russian Federation;
changed
in paragraph (2), the design of the Medical Center will utilize a diversified energy supply from a mixed-fuel system as the source of furnished energy to sustain mission critical operations during any sustained energy supply disruption caused by striking “fiscal year 2019” and inserting “fiscal year 2021”.the Russian Federation; and
added
to the extent available, domestically-sourced fuels shall be the preferred source for furnished energy for the Medical Center.
changed
Limitation on use of authority—Waiver for national security interests— Subsection (c)(1) (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees that a waiver of such section subsection is amended by striking “shall not exceed” and all that follows and inserting necessary to protect the following:national security interests of the United States.
added
Definition— In this section, the term “furnished energy” means energy furnished to the Medical Center in any form and for any purpose, including heating, cooling, and electricity.
added
Effective date— This section shall take effect on the date of the enactment of this Act.
removed
“(1) The period beginning October 1, 2018, and ending on the earlier of December 31, 2019, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2020.
removed
“(2) The period beginning October 1, 2019, and ending on the earlier of December 31, 2020, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2021.”
Sec. 2808 Treatment of leases of non-excess property entered into with insured depository institutions
added Section 2667 of title 10, United States Code, is amended —
added
in subsection (b)(4), by striking “amount that” and inserting “amount that, except as provided in subsection (c)(4),”; and
removed
Authority— Section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note) is amended—
removed
by redesignating subsection (f) as subsection (g); and
removed
by inserting after subsection (e) the following new subsection:
removed
“(f) Additional authority to use funds for related architectural and engineering services and contract design
removed
“(1) Authority—In addition to the authority provided to the Secretary of Defense under subsection (a) to use amounts appropriated or otherwise made available for research, development, test, and evaluation for a military construction project referred to in such subsection, the Secretary of the military department concerned may use amounts appropriated or otherwise made available for research, development, test, and evaluation to obtain architectural and engineering services and to carry out construction design in connection with such a project.
removed
“(2) Notice requirement—In the case of architectural and engineering services and construction design to be undertaken under this subsection for which the estimated cost exceeds $1,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.”
removed
Conforming amendments to waive conditions applicable to existing authority—
removed
Condition on and scope of project authority— Section 2803(b) of such Act is amended by striking “project under this section” and inserting “project under subsection (a)”.
removed
Congressional notification— Section 2803(c) of such Act is amended by striking “carried out under this section” each place it appears in paragraphs (1) and (2) and inserting “carried out under subsection (a)”.
removed
Description of authorized projects— Section 2803(d) of such Act is amended by striking “provided by this section” and inserting “provided by subsection (a)”.
removed
Funding limitation— Section 2803(e) of such Act is amended by striking “projects under this section” and inserting “projects under subsection (a)”.
changed
Extension of period of authority— Section 2803(g) of such Act, as redesignated by in subsection (a)(1), is amended (c), by striking “October 1, 2020” and inserting “October 1, 2025”.adding at the end the following new paragraph:
added “(4)
added “(A) With respect to a lease under this section entered into with an insured depository institution (as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary concerned shall accept the financial services provided by the insured depository institution to members of the armed forces, civilian employees of the Department of Defense, and dependents of such members or employees as sufficient in-kind consideration to cover all lease, services, and utilities costs assessed with regard to the leased property.
added “(B) With respect to a lease under this section which was entered into with an insured depository institution before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary concerned may renegotiate the terms of such lease to apply subparagraph (A) to such lease as if such subparagraph were in effect at the time the Secretary entered into the lease.”
removed
Effective date— The amendments made by this section shall take effect as if included in the enactment of section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note).
Sec. 2809 Repeal of limitation on certain Guam project
removed
removed
Repeal of limitation— Section 2879 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1874) is amended by striking subsection (b).
removed
Effective date— The amendment made by subsection (a) shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2018.
Sec. 2810 Enhancing force protection and safety on military installations
removed
removed
Authorization of additional projects— In addition to any other military construction projects authorized under this Act, the Secretary of the military department concerned may carry out military construction projects to enhance force protection and safety on military installations, as specified in the funding table in section 4601.
removed
Requiring report as condition of authorization—
removed
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary concerned shall submit a report to the congressional defense committees which describes the location, title, and cost, together with a Department of Defense Form 1391, for each project the Secretary proposes to carry out under this section.
removed
Timing of availability of funds— No funds may be obligated or expended for a project under this section—
removed
unless the project is included in the report submitted under paragraph (1); and
removed
until the expiration of the 30-day period which begins on the date the Secretary concerned submits the report under paragraph (1).
removed
Expiration of authorization— Section 2002 shall apply with respect to the authorization of a military construction project under this section in the same manner as such section applies to the authorization of a project contained in titles XXI through XXVII.
Sec. 2811 Optional participation in collection of information on unutilized and underutilized military installation properties available for homeless assistance
changed
Limitation—Making participation by agencies of Department of Defense optional— No amounts authorized to be appropriated or made available to the Secretary of Defense or the Secretary of any military department may be used to enter into a contract for the acquisition of furnished energy for the new Rhine Ordnance Barracks Army Medical Center (hereafter in this section referred to as the “Medical Center”) until the Secretary Section 501(a) of Defense submits to the congressional defense committees a written certification that—McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(a)) is amended—
changed
the source by striking “The Secretary of furnished energy for the Medical Center will minimize the use Housing” and inserting “(1) The Secretary of fuels sourced from inside the Russian Federation;Housing”; and
changed
the design of the Medical Center will utilize a diversified energy supply from a mixed-fuel system as the source of furnished energy to sustain mission critical operations during any sustained energy supply disruption caused by adding at the Russian Federation; andend the following new paragraphs:
added “(2) The transmittal of information by the head of a landholding agency of the Department of Defense under this subsection shall be optional in the case of an excess or surplus building, facility, or property if the Secretary of Defense determines that the building, facility, or property—
added “(A) would be for off-site use only; or
added “(B) is located on an active military installation and is not subject to subsection (h).
added “(3) If the Secretary of Defense makes a determination under paragraph (2) during a fiscal year, not later than 90 days after the end of that fiscal year, the Secretary of Defense shall submit a report to the Committees on Armed Services, Banking, Housing, and Urban Affairs, and Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services, Financial Services, and Oversight and Government Reform of the House of Representatives listing all of the buildings, facilities, and properties for which the Secretary of Defense made a determination under paragraph (2) during that fiscal year. The Secretary of Defense shall submit the report in unclassified form, but may include a classified annex as necessary.”
removed
to the extent available, domestically-sourced fuels shall be the preferred source for furnished energy for the Medical Center.
changed
Waiver for national security interests—Effective date— Subsection The amendment made by subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees that a waiver of such subsection is necessary with respect to protect the national security interests of the United States.fiscal year 2019 and each succeeding fiscal year.
removed
Definition— In this section, the term “furnished energy” means energy furnished to the Medical Center in any form and for any purpose, including heating, cooling, and electricity.
removed
Effective date— This section shall take effect on the date of the enactment of this Act.
Sec. 2812 Force structure plans and infrastructure capabilities necessary to support the force structure
added
added
Force structure plans and infrastructure capabilities— Not later than the date on which the budget of the President for fiscal year 2021 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall develop and submit to the congressional defense committees the following:
added
A force structure plan for each of the Army, Navy, Air Force, and Marine Corps and the reserve components of each military department that is informed by—
added
an assessment by the Secretary of Defense of the probable threats to the national security of the United States; and
added
end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
added
A categorical model of installation capabilities required to carry out the force structures plans described in paragraph (1) based on—
added
the infrastructure, real property, and facilities capabilities required to carry out such plans; and
added
the current military requirements of the major military units referred to in subparagraph (B) of such paragraph.
added
Consistency— In developing force structure plans and categorical models of installation capabilities under subsection (a), the Secretary of Defense shall ensure that the infrastructure, real property, and facilities of each of the military departments are categorized and measured in consistent terms so as to facilitate comparisons.
added
Relationship to inventory— Using the information in the force structure plans and categorical model developed under subsection (a), the Secretary of Defense shall submit to Congress each of the following:
added
An assessment of the requirements necessary for carrying out the force structure plans compared to existing infrastructure, real property, and facilities capabilities, as documented in the records maintained under section 2721 of title 10, United States Code.
added
An identification of any deficit or surplus capability in such infrastructure, real property, and facilities—
added
for each military department; and
added
for locations within the continental United States and territories.
Sec. 2813 Retrofitting existing windows in military family housing units to be equipped with fall prevention devices
added
added
Authorizing funding for retrofitting or replacing windows— Section 2879 of title 10, United States Code, as added by section 2817(a) of the National Defense Authorization Act for Fiscal Year 2018 (131 Stat. 1851) is amended—
added
in subsection (a)(1), by striking “subsection (b)” and inserting “subsection (c)”;
added
by redesignating subsections (b) and (c) as subsections (c) and (d); and
added
by inserting after subsection (a) the following new subsection:
added “(b) Retrofitting or replacing existing windows
added “(1) Program to retrofit existing windows—The Secretary concerned shall carry out a program under which, in military family housing units acquired or constructed under this chapter which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (1) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.
added “(2) Grants—The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.
added “(3) Use of operations funding—The Secretary may carry out the program under this subsection during a fiscal year with amounts made available to the Secretary for family housing operations for such fiscal year.”
added
Effective date— The amendments made by this section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
Sec. 2814 Updating prohibition on use of certain assessment of public schools on Department of Defense installations to supersede funding of certain projects
added
added
Update— Paragraph (3) of section 2814(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2717), as added by section 2818(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1852), is amended by striking “33 projects” and inserting “38 projects”.
added
Effective date— The amendment made by subsection (a) shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2018.
Sec. 2815 Study of feasibility of using 20-year intergovernmental support agreements for installation-support services
added
added
Study— Each Secretary concerned shall conduct a study of the feasibility and desirability of entering into intergovernmental support agreements under section 2679(a) of title 10, United States Code, for a term not to exceed 20 years.
added
Report— Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report on the study conducted under subsection (a).
Sec. 2816 Promoting responsible leasing of property
added
added
Requiring certification by Secretaries of military departments prior to entering into leases that property owned by United States is not available to carry out purpose of lease—
added
Additional requirement in reports on leases of real property— Section 2662(a)(5)(B) of title 10, United States Code, as amended by section 2812 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1849), is amended—
added
by striking “or” at the end of clause (ii);
added
by striking the period at the end of clause (iii) and inserting “; or”; and
added
by adding at the end the following new clause:
added “(iv) facilities in property under the jurisdiction of the Department of Defense may not be reconfigured to support the purpose of the proposed lease in an appropriate and cost-effective manner.”
added
Effective date; notice of compliance—
added
Effective date— The amendment made by paragraph (1) shall apply with respect to leases entered into or renewed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.
added
Report on steps taken to ensure future compliance— Upon the completion of any general steps necessary to ensure that the Department of Defense will be able to meet the requirements of subsection (a)(5) of section 2662 of title 10, United States Code (as amended by paragraph (1)) with respect to all leases entered into or renewed after the expiration of the period described in subparagraph (A), including the promulgation of any regulations or the issuance of other guidance, the Secretary of Defense shall submit a one-time report to the Committees on Armed Services of the House of Representatives and Senate and shall post a copy of the report on the public website of the Department of Defense.
added
Improving accuracy of information in reports by Secretary of Defense on real property leases—
added
Information on costs of leases— In preparing any inventory or report on real property leased by the Department of Defense, including information on property included in a Base Structure Report and information in the Real Property Asset Database of the Department of Defense, the Secretary of Defense shall—
added
in the case of a lease which covers multiple assets of the Department, provide a separate breakdown of the rent and other costs (including parking) associated with each such asset; and
added
in the case of real property which is subject to multiple leases entered into by the Department, provide a separate breakdown for each such lease and the costs associated with each such lease.
added
Report— Not later than 1 year after the date of the enactment of this Act, or at the time of publishing the next Base Structure Report prepared after the date of the enactment of this Act (whichever occurs earlier), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report detailing the steps the Secretary has taken to ensure compliance with the requirements of paragraph (1).
added
Review by Government Accountability Office— Not later than 1 year after the date on which the Secretary of Defense submits the one-time report required under subparagraph (B) of subsection (a)(2), the Comptroller General of the United States shall prepare and submit to Congress a report on—
added
the extent to which the Department is in compliance with subsection (a)(5) of section 2662 of title 10, United States Code (as amended by subsection (a)(1)), including the regulations and guidance promulgated and issued by the Secretary to ensure compliance with such subsection, as of the date on which the Secretary submits the report; and
added
the extent to which the Secretary is including the information required under subsection (b) in inventories and reports on real property leased by the Department, as of the date on which the Secretary submits the report.
Sec. 2817 Reports on buildings and facilities subject to exceptions to accessibility standards
added
added
Annual report for new construction— Not later than 90 days after the end of each of the fiscal years 2019 through 2023, the Secretary concerned shall submit to the congressional defense committees a report listing each building or facility for which the Secretary first initiated construction during the fiscal year, or for which the Secretary first entered into a lease for the use of the Secretary during the fiscal year, which is subject to one of the accessibility standard exceptions described in subsection (c).
added
One-Time report on current buildings and facilities subject to exceptions— Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report listing each building or facility constructed or leased by the Secretary during fiscal years 2014 through 2018 which is subject to one of the accessibility standard exceptions described in subsection (c).
added
Accessibility standard exceptions described— The accessibility standard exceptions described in this subsection with respect to a building or facility are as follows:
added
The building or facility is leased by the Secretary concerned on a temporary, emergency basis for the use of officials providing disaster assistance.
added
The building or facility is located in a foreign country and is constructed in whole or in part with funds provided by the United States, but the Secretary concerned does not control the design criteria and the building or facility is not required to comply with standards under the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.).
added
The building or facility is located in a foreign country and is leased by the Secretary concerned.
added
The building or facility is subject to a waiver granted by the Principal Deputy Under Secretary of Defense who represents the Department of Defense on the United States Access Board.
Sec. 2821 Land exchange, Air Force Plant 44, Tucson, Arizona
changed
Force structure plans Land conveyance and infrastructure capabilities—restoration of real property improvements authorized— Not later than the date on which the budget of In connection with a project planned by the President for fiscal year 2021 is submitted Tuscon Airport Authority (in this section referred to Congress pursuant as “TAA”) to section 1105 of title 31, United States Code, relocate and extend a parallel runway and make other airfield safety enhancements at the Tucson International Airport, the Secretary of Defense shall develop and submit to the congressional defense committees Air Force (in this section referred to as the following:“Secretary”) may—
changed
A force structure plan for each convey to TAA all right, title, and interest of the Army, Navy, Air Force, and Marine Corps United States in and the reserve components to all or any part of each military department that is informed by—a parcel of real property, including any improvements thereon, consisting of approximately 58 acres on Air Force Plant 44, Arizona, and located adjacent to Tucson International Airport;
removed
an assessment by the Secretary of Defense of the probable threats to the national security of the United States; and
removed
end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
changed
A categorical model of installation capabilities required agree to carry out terminate all or a portion of any deed restrictions made for the force structures plans described in paragraph (1) based on—benefit of the United States that limit construction on Tucson International Airport within 750 feet of the Airport’s southwest property boundary with Air Force Plant 44; and
added
using cash or in-kind consideration as provided in subsection (b)—
added
construct new explosives storage facilities to replace the explosives storage facilities located on the land described in paragraph (1) and explosives storage facilities located on Air Force Plant 44 within the end-of-runway clear zone associated with the TAA airfield enhancement project; and
added
construct new fencing as necessary to accommodate the changes in the boundary of Air Force Plant 44.
removed
the infrastructure, real property, and facilities capabilities required to carry out such plans; and
removed
the current military requirements of the major military units referred to in subparagraph (B) of such paragraph.
changed
Consistency—Consideration— In developing force structure plans and categorical models As consideration for the land conveyance, deed restriction termination, replacement of real property improvements, and installation capabilities of fencing authorized under subsection (a), the following consideration must be received by the United States before the Secretary may make any conveyance or termination of Defense shall ensure that the infrastructure, real property, and facilities of each property interests of the military departments are categorized and measured in consistent terms so United States as to facilitate comparisons.described in subsection (a):
added
All right, title, and interest of the owner or owners thereof to the parcels of real property consisting of approximately 160 acres directly adjacent to the south boundary of Air Force Plant 44.
added
The cost to the Secretary, in accordance with current design standards, of—
added
replacing the real property structures on Air Force Plant 44 made unusable due to the land transfers and termination of deed restrictions, with structures of at least equivalent capacity and functionality; and
added
installing the necessary boundary fencing due to the changes in the boundary of Air Force Plant 44.
changed
Relationship Direct payment of consideration to inventory—government contractors— Using the information in the force structure plans and categorical model developed The Secretary may require that any cash consideration to be received under subsection (a), this section be paid, directly or through the Secretary of Defense shall submit Air Force design and construction agent, to Congress each the contractors performing design or construction of the following:real property improvements described in subsection (a)(3).
added
Payment of costs of conveyances—
added
Payment required— The Secretary may require TAA to cover costs to be incurred by the Secretary to carry out the land exchange and other transactions authorized under this section, or to reimburse the Secretary for such costs, including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related to the conveyances. If amounts are collected from TAA in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out such transactions, the Secretary shall refund the excess amount to TAA.
added
Treatment of amounts received— Amounts received as reimbursements under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.
added
Description of property— The exact acreage and legal description of the real property to be exchanged under this section shall be determined by a survey satisfactory to the Secretary.
added
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the land exchange and other transactions under this section as the Secretary considers appropriate to protect the interests of the United States. Without limiting the foregoing, the Secretary may establish a deed restriction on any part of the 58 acres described in subsection (a)(1) to accommodate existing Quantity Distance arcs.
removed
An assessment of the requirements necessary for carrying out the force structure plans compared to existing infrastructure, real property, and facilities capabilities, as documented in the records maintained under section 2721 of title 10, United States Code.
removed
An identification of any deficit or surplus capability in such infrastructure, real property, and facilities—
removed
for each military department; and
removed
for locations within the continental United States and territories.
Sec. 2822 Authority for transfer of administrative jurisdiction over certain lands, Marine Corps Air Ground Combat Center Twentynine Palms, California, and Marine Corps Air Station Yuma, Arizona
added
Marine Corps Air Ground Combat Center Twentynine Palms, California—
added
Authority for transfer— Subject to paragraph (2), the Secretary of the Navy may transfer to the Secretary of the Interior, at no cost, administrative jurisdiction of approximately 2,105 acres of non-contiguous parcels of land within the Shared Use Area of the Marine Corps Air Ground Combat Center Twentynine Palms, California.
removed
In general— Excess or unutilized or underutilized non-mobile property of the Department of Defense that is situated on non-excess land shall be exempt from the requirements of title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) upon a determination by the head of the department, agency, or other element of the Department having jurisdiction of the property that—
changed
Condition for transfer— The Secretary of the property Navy may carry out the transfer under this subsection only if the Secretary of the Navy and the Secretary of the Interior each determine that the transfer is not feasible to relocate;in the public interest and will be for the benefit of the Department of the Navy and the Department of the Interior, respectively.
changed
Status of land after transfer— Upon completion of the property is located in an area to transfer under this subsection, the land over which the general Secretary of the Interior obtains administrative jurisdiction shall become public is denied access in land withdrawn and reserved under section 2941 of the interest National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1034), and shall be managed in accordance with section 2942(b)(1) of national security; andsuch Act (Public Law 113–66; 127 Stat. 1036), in the same manner as other lands in the Shared Use Area.
changed
Shared Use Area defined— In this subsection, the exemption would facilitate term “Shared Use Area” means the efficient disposal of excess property or result area described in more efficient real property management.section 2941(b)(2) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1035).
added
Marine Corps Air Station Yuma, Arizona—
added
Authority for transfer— Subject to paragraph (2), the Secretary of the Interior may transfer to the Secretary of the Navy, at no cost, administrative jurisdiction of approximately 256 acres of non-contiguous parcels of land within Marine Corps Air Station Yuma, Arizona which are used by the Department of the Navy as of the day before the date of the enactment of this Act pursuant to any of the following authorities:
added
Public Land Order Number 2766 of August 28, 1962.
added
Expired Public Land Order Number 6804 of October 16, 1990.
added
Memorandum of Understanding Number 14-06-300-1266 of July 5, 1962, between the Department of the Interior and the Department of the Navy.
added
Condition for transfer— The Secretary of the Interior may carry out the transfer under this subsection only if the Secretary of the Interior and the Secretary of the Navy each determine that the transfer is in the public interest and will be for the benefit of the Department of the Interior and the Department of the Navy, respectively.
added
Withdrawal of land after transfer— Upon completion of the transfer under this subsection, the land over which the Secretary of the Navy obtains administrative jurisdiction—
added
shall cease to be public land; and
added
for as long as the land is under the administrative jurisdiction of the Secretary of the Navy or the Secretary of any other military department, shall be withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral interests and to mineral and geothermal leasing.
removed
Consultation— Before making an initial determination under the authority in subsection (a), and periodically thereafter, the head of a department, agency, or other element of the Department shall consult with the Executive Director of the United States Interagency Council on Homelessness on types of non-mobile properties that may be feasible for relocation and suitable to assist the homeless.
removed
Reporting requirement—
removed
In general— If any head of a department, agency, or other element of the Department makes a determination under subsection (a) during a fiscal year, not later than 90 days after the end of that fiscal year, the Secretary of Defense shall submit to the appropriate committees of Congress a report listing all the buildings, facilities, and other properties for which a determination was made under that subsection during that fiscal year.
removed
Form— Any report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
removed
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
removed
the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
removed
the Committee on Armed Services, the Committee on Financial Services, and the Committee on Oversight and Government Reform of the House of Representatives.
removed
Sunset— The authority under subsection (a) shall expire on September 30, 2021.
Sec. 2823 Environmental restoration and future conveyance of portion of former Mare Island Firing Range, Vallejo, California
changed
Authorizing funding for retrofitting or replacing windows—Restoration required as result of previous remediation— Section 2879 As soon as practicable, the Secretary of title 10, United States Code, the Navy shall take such steps as added may be required to fill in depressions in the Mare Island property which resulted from environmental remediation carried out by section 2817(a) the Department of the National Defense Authorization Act for Fiscal Year 2018 (131 Stat. 1851) is amended—Navy prior to the date of the enactment of this section.
added
Mitigation of wetlands—
added
Method of mitigation— If the refilling of wetlands on the Mare Island property requires mitigation, the Secretary of the Navy shall conduct such mitigation in accordance with relevant Federal, State and local environmental laws.
added
Coordination over certain portion of property— To the extent that the refilling of wetlands on the Mare Island property requires mitigation on any portion of such property which is subject to a reversionary interest of the State of California, the Secretary shall coordinate with the California State Lands Commission to determine how to best meet the regulatory requirements applicable to the mitigation of such wetlands.
added
Report on compliance and future conveyance— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing the process by which the Secretary plans to meet the requirements of subsections (a) and (b), as well as a proposal by the Secretary to convey the Mare Island property (or some portion thereof) to the State of California or units of local government in the State of California.
added
Definition— In this section, the “Mare Island property” is the parcel of real property consisting of approximately 48 acres located within the former Mare Island Naval Shipyard which was formerly used as a firing range by the Department of the Navy.
removed
in subsection (a)(1), by striking “subsection (b)” and inserting “subsection (c)”;
removed
by redesignating subsections (b) and (c) as subsections (c) and (d); and
removed
by inserting after subsection (a) the following new subsection:
removed
“(b) Retrofitting or replacing existing windows
removed
“(1) Program to retrofit existing windows—The Secretary concerned shall carry out a program under which, in military family housing units acquired or constructed under this chapter which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (1) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.
removed
“(2) Grants—The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.
removed
“(3) Use of operations funding—The Secretary may carry out the program under this subsection during a fiscal year with amounts made available to the Secretary for family housing operations for such fiscal year.”
removed
Effective date— The amendments made by this section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
Sec. 2824 Land exchange, Naval support activity, Washington Navy Yard, District of Columbia
added
Exchange of property interests authorized—
added
Interests to be conveyed— The Secretary of the Navy (Secretary) may convey all right, title, and interest of the United States in and to one or more parcels of real property, including any improvements thereon and, without limitation, any leasehold interests of the United States therein, as the Secretary considers appropriate to protect the interests of the United States.
added
Interests to be acquired— In exchange for the property interests described in paragraph (1), the Secretary may accept parcels at the Southeast Federal Center in the vicinity of the Washington Navy Yard, replacement of facilities being conveyed of equal value and similar utility, as determined by the Secretary, and any additional consideration the Secretary feels is appropriate, including maintenance, repair, or restoration of any real property, facility, or infrastructure under the jurisdiction of the Secretary.
removed
Update— Paragraph (3) of section 2814(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2717), as added by section 2818(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1852), is amended by striking “33 projects” and inserting “38 projects”.
changed
Effective date—Valuation— The amendment made by subsection (a) shall take effect as if included in the enactment value of the National Defense Authorization Act for Fiscal Year 2018.property interests to be exchanged by the Secretary described in subsections (a)(1) and (a)(2) shall be determined—
added
by an independent appraiser selected by the Secretary; and
added
in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
added
Equalization payments—
added
To the Secretary— If the value of the property interests described in subsection (a)(1) is greater than the value of the property interests described in subsection (a)(2), the values shall be equalized through a cash equalization payment to the Department of the Navy.
added
No equalization— If the value of the property interests described in subsection (a)(2) is greater than the value of the property interests described in subsection (a)(1), the Secretary shall not make a cash equalization payment to equalize the values.
added
Payment of costs of conveyance—
added
Payment required— The Secretary shall require the other party in this land exchange to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred, to carry out the land exchange under this section, including survey costs, costs for environmental documentation, other administrative costs related to the land exchange, and all costs associated with relocation of activities and facilities to the replacement location. If amounts collected are in advance of the Secretary incurring actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the land exchange, the Secretary shall refund the excess amount.
added
Treatment of amounts received— Amounts received shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the land exchange. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Description of property— The exact acreage and legal description of the property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary of the Navy.
added
Conveyance agreement— The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to both parties of the exchange, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2825 Authority for leasing real property at the Naval Air Station Key West, Florida
changed
Study—Authority— Each The Secretary concerned shall conduct a study of the feasibility and desirability Navy (hereafter in this Act referred to as the “Secretary”) may lease approximately 19 acres at the Naval Air Station Key West, Florida, for the purpose of entering into intergovernmental support agreements constructing, operating, improving, and maintaining housing units (including altering or demolishing existing housing units) under section 2679(a) of title 10, United States Code, for a term not such terms and conditions as the Secretary considers will promote the national defense or to exceed 20 years.be in the public interest.
changed
Report—Duration of lease— Not later than 180 days after the date of the enactment of The lease entered into under this Act, each Secretary concerned section shall submit be for such period as may be agreed to by the congressional defense committees Secretary and the lessee, except that such period may not exceed 50 years unless the Secretary determines that a report on lease for a longer period is necessary to meet the study conducted under subsection (a).purpose of the lease.
added
Payments under lease— The Secretary shall require the lessee to make payments under the lease entered into under this section in cash for fair market value.
added
Deposit and use of proceeds— The Secretary shall deposit and use any cash proceeds from the lease under this section as prescribed in section 2667 of title 10, United States Code.
added
Leaseback prohibited— During the period in which the lease entered into under this section is in effect, the Secretary may not lease any of the space constructed by the lessees on the property leased under this section.
added
Right of first refusal for purchase of property— The lease entered into under this section may provide the lessee of the property with the first right to purchase the property if the Secretary revokes the lease in order to permit the United States to sell or transfer the property as authorized under any other provision of law. Nothing in this subsection may be construed to provide a lessee with the first right to purchase the property if the Secretary revokes the lease for any other cause, including the failure of the lessee to meet the terms and conditions of the lease.
added
Description of property— The exact acreage and legal description of the property to be leased under this section shall be determined by a survey satisfactory to the Secretary.
added
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the lease under this section as the Secretary considers appropriate to protect the interests of the United States.
added
Inapplicability of certain provisions— The following provisions of law do not apply to this section, the lease entered into under this section, or the property which is subject to the lease under this section:
added
Section 2662 of title 10, United States Code.
added
Section 2696 of title 10, United States Code.
added
The Randolph-Sheppard Act (20 U.S.C. 107 et seq.).
added
Title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
Sec. 2826 Sense of Congress regarding land conveyance, Mountain View, California
added
Findings— Congress finds as follows:
added
The Secretary of the Army is proposing to convey 17.1 acres of real property in Mountain View, California, known as Shenandoah Square and the existing 126 housing units on such property in order to raise capital to improve other military housing owned by private entities, despite significant military demand for affordable housing in the San Francisco Bay Area from personnel spanning across the Air Force, Army, Marine Corps, Navy, and Coast Guard.
added
Under the proposed conveyance, the existing 126 housing units at Shenandoah Square would be demolished to allow for the construction of high-density residential housing.
added
Shenandoah Square is one of only 3 military housing complexes in the San Francisco Bay Area and is home to many California National Guard personnel serving in the 129th Rescue Wing at Moffett Federal Air Field and civilians who perform mission critical work for the 129th Rescue Wing.
added
The San Francisco Bay Area is confronting one of the most severe affordable housing crises in the United States, which has led to a recruitment and retention crisis for the 129th Rescue Wing.
added
The residents of these units have expressed concern about their displacement from Shenandoah Square, as this property is located in one of the most expensive housing markets in the country, Silicon Valley, and there is great uncertainty about the affordability of new potential housing on the site.
removed
Section 501(c) of title 40, United States Code, is amended—
changed
Sense of Congress— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;It is the sense of Congress that the Secretary of the Army should explore all possible alternatives to a conveyance of Shenandoah Square, including subleasing the property to an entity that can better develop affordable housing on the property.
removed
by inserting “(1)” before “For transportation”; and
removed
by adding at the end the following new paragraph:
removed
“(2) Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall—
removed
“(A) notify the senior mission commander of the installation; and
removed
“(B) solicit and represent the interests of the installation as determined by the installation’s senior mission commander.”
Sec. 2827 Public inventory of Guam land parcels for transfer to Government of Guam
added
Net-Negative inventory of land parcels—
added
Maintenance and update of inventory— The Secretary of the Navy shall maintain and update regularly an inventory of all land parcels located on Guam which meet each of the following conditions:
added
The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy.
added
The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy.
added
Under Federal law, including Public Law 106–504 (commonly known as the “Guam Omnibus Opportunities Act”; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial government.
removed
Sense of Congress— It is the sense of Congress that—
changed
Information required— State-owned National Guard installations have always qualified as military installations For each parcel included in the inventory under section 2684a of title 10, United States Code; andparagraph (1), the Secretary shall specify—
added
the approximate size of the parcel;
added
an estimate of the fair market value of the parcel, if available or as practicable;
added
the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and
added
the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel.
added
Parcels required To be included— The Secretary shall include in the inventory under this section each of the following parcels, as described in the 2017 Net Negative Report:
removed
State-owned National Guard installations should continue to qualify as military installations under section 2684a of that title.
removed
Clarification—
removed
In general— Section 2684a(a) of title 10, United States Code, is amended by inserting “, as well as a State-owned National Guard installation,” after “military installation”.
changed
Retroactive effect— The amendment made by paragraph (1) shall take effect Tanguisson Power Plant (5 acres), listed as of December 2, 2002.Site 14 in the Report.
added
The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report.
added
The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report.
added
Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report.
added
The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report.
added
The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report.
added
The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report.
added
The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report.
added
The Hoover Park Annex (also known as “Old USO Beach”; 6 acres), listed as Site 37 in the Report.
added
Parcel “C” Marbo Cave Annex (5 acres), listed as Site 12 in the Report.
added
Inclusion of additional parcels in inventory—
added
Request by Governor— The Governor of the territory of Guam may submit a request to the Secretary to add parcels to the inventory maintained under subsection (a), and shall specify in any such request any public benefit uses or public purposes proposed by the Governor for the parcel involved, pursuant to the Guam Omnibus Opportunities Act or any other relevant Federal law.
added
Consideration by Secretary— Not later than 180 days of receipt of a request from the Governor under paragraph (1), the Secretary shall review the request and provide a response in writing to the Governor as to whether the Secretary will agree to the request to include the specific land parcel in the inventory maintained under subsection (a). If the Secretary denies the request, the Secretary shall provide a detailed written justification to the Governor that explains the continuing military need for the parcel, if any, and the date on which the Secretary expects that military need to cease, if ever.
added
Exclusion of parcels— The Secretary shall not include in the inventory maintained under this section any parcel transferred to the government of Guam prior to the date of the enactment of this Act, without regard to whether or not the parcel is included in the inventory under subsection (b).
added
Public notification— The Secretary shall publish and update on a public website of the United States Government the following information:
added
The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b).
added
All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request.
added
A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c).
added
A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following:
added
The approximate size of the parcel.
added
An estimate of the fair market value of the parcel, if available or as practicable.
added
The specific legal authority under which the Secretary transferred the parcel to the territorial government.
added
The date the parcel was transferred to the territorial government.
added
Definitions— In this section, the following definitions apply:
added
2017 Net Negative Report— The term 2017 Net Negative Report means the report submitted by the Secretary of the Navy, on behalf of the Secretary of Defense, under section 2208 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2695) regarding the status of the implementation of the “net negative” policy regarding the total number of acres of the real property controlled by the Department of the Navy or the Department of Defense on Guam.
added
Governor— The term Governor means the Governor of the territory of Guam.
added
Secretary— The term “Secretary” means the Secretary of the Navy.
added
Territorial government— The term territorial government means the government of Guam established under the Organic Act of Guam (48 U.S.C. 1421 et seq.).
Sec. 2828 Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois
addedadded Section 2922(c) of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 605), as amended by section 2842 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 863) and section 2838 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3710), is amended—
added
by striking “(1) The conveyance” and inserting “The conveyance”; and
added
by striking paragraph (2).
Sec. 2829 Land conveyance, Naval Academy dairy farm, Gambrills, Maryland
added
added
Conveyance authorized— Notwithstanding section 6976 of title 10, United States Code, the Secretary of the Navy may convey and release to Anne Arundel County, Maryland (in this section referred to as the “County”) all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of approximately 40 acres at the property commonly referred to as the Naval Academy dairy farm located in Gambrills, Maryland (in this section referred to as the “Dairy Farm”).
added
Consideration—
added
Consideration required— As consideration for the conveyance and release under subsection (a), the County shall provide an amount that is equivalent to the fair market value to the Department of the Navy of the right, title, and interest conveyed and released under such subsection, based on an appraisal approved by the Secretary of the Navy. The consideration under this paragraph may be provided by cash payment, in-kind consideration, or a combination thereof, at such time as the Secretary may require.
added
In-kind consideration— In-kind consideration provided by the County under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facility, real property, or infrastructure under the jurisdiction of the Secretary.
added
Treatment of consideration received— Consideration in the form of cash payment received by the Secretary under paragraph (1) shall be retained by the Superintendent of the Naval Academy and shall be available to cover expenses related to the Dairy Farm, including reimbursing nonappropriated fund instrumentalities of the Naval Academy.
added
Payment of cost of conveyance and release—
added
Payment required— The Secretary of the Navy shall require the County to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance and release under subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance and release, and any other administrative costs related to the conveyance and release. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance and release or any costs incurred by the Secretary to administer the County’s lease of the Dairy Farm, the Secretary shall refund the excess amount to the County.
added
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyance and release under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of fund that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Description of property— The exact acreage and legal description of the property which is subject to conveyance and release under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
added
Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance and release under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
added
No effect on existing leases governing property not subject to conveyance— Nothing in this section or in any conveyance and release carried out pursuant to this section may be construed to affect the terms, conditions, or applicability of any existing agreement entered into between the Country and the Secretary of the Navy which governs the use of any portion of the Dairy Farm which is not subject to conveyance and release under this section.
Sec. 2830 Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana
addedadded Section 2931(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1031) is amended by striking “18,644 acres” and all that follows through “April 10, 2013” and inserting the following: “18,964 acres in Broadwater County, Montana, generally depicted as “Limestone Hills Training Area Land Withdrawal” on the map entitled “Limestone Hills Training Area Land Withdrawal”, dated May 11, 2017”.
Sec. 2830A Land conveyance, Wasatch-Cache National Forest, Rich County, Utah
added
added
Land conveyance authorized— Subject to valid existing rights, not later than 6 months after the date of the enactment of this section, the Secretary of Agriculture shall convey, without consideration, to the Utah State University Research Foundation, (in this section referred to as the “Foundation”) all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 80 acres, including improvements thereon, located outside of the boundaries of the Wasatch-Cache National Forest, Rich County, Utah, within Sections 19 and 30, Township 14 North, Range 5 East, Salt Lake Base and Meridian for the purpose of permitting the Foundation to use the property for scientific and educational purposes.
added
Reversionary interest— If the Secretary of Agriculture determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title and interest in and to such real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
added
Payment of costs of conveyance—
added
Payment required— The Secretary of Agriculture shall require the Foundation to cover the costs (except any costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Foundation in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Foundation.
added
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of Agriculture.
added
Additional terms and conditions— The Secretary of Agriculture may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2830B Commemoration of Freedman's Village, Arlington County, Virginia
added
added
Permanent easement— The Secretary of the Army is directed to grant to Arlington County, Virginia, a permanent easement of approximately 0.1 acres of land within the right-of-way of Southgate Road to the south and west of Hobson Drive and west of the planned joint base access road that is also continuous with Foxcroft Heights Park for the purpose of commemorating Freedman’s Village.
added
Relocation of commemoration in event location is used for burial purposes— In the event Arlington National Cemetery subsequently acquires the property used for the commemoration described under subsection (a) for burial purposes, the Army shall relocate any commemoration of Freedman’s Village to an appropriate location.
added
Reimbursement— The Secretary of Defense may accept reimbursement from Arlington County for any costs associated with commemorating Freedman’s Village.
Sec. 2831 Indefinite duration of certain military land withdrawals and reservations and improved management of withdrawn and reserved lands
added
added
Improving management of current statutory land withdrawals and reservations and making management more transparent—
added
Role of Secretary of the Interior— Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is amended by striking “, acting through the Director of the United States Fish and Wildlife Service,”.
added
Additional element of integrated natural resources management plan— Section 101(b) of the Sikes Act (16 U.S.C. 670a(b)) is amended—
added
by striking “and” at the end of paragraph (2);
added
by redesignating paragraph (3) as paragraph (4); and
added
by inserting after paragraph (2) the following new paragraph:
added “(3) for purposes of paragraph (2), shall be reviewed—
added “(A) jointly by the Secretary of the military department and the Secretary of the Interior; and
added “(B) in a manner that provides affected States and Indian tribes and the public a meaningful opportunity to comment on any significant revisions to the plan that may be proposed; and”
added
El Centro Naval Air Facility Ranges—
added
Elimination of termination date and conforming amendments— The El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2813) is amended—
added
in section 2921(b)(3), by striking “, before the termination date specified in section 2925,”;
added
in section 2924(a), by striking the third sentence;
added
by striking sections 2925 and 2927; and
added
in section 2928(a), by striking “specified in section 2925”.
added
Determination of continuing military need for withdrawal and reservation and public reports— The El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2813) is further amended by inserting after section 2926 the following new section:
added “2927. Determination of continuing military need for withdrawal and reservation and public reports
added “(a) Public reports
added “(1) Changes in land conditions
added “(A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the Navy and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved under this subtitle since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.
added “(B) A report under subparagraph (A) shall include a summary of current military use of the lands withdrawn and reserved under this subtitle, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.
added “(2) Combination with other reports—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands withdrawn and reserved under this subtitle.
added “(3) Public review and comment
added “(A) Before the finalization of a report under this subsection, the Secretary of the Navy and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands withdrawn and reserved under this subtitle.
added “(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of El Centro, and any other means considered necessary or desirable by the Secretaries.
added “(4) Distribution of report—The Secretary of the Navy shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.
added “(b) Determination of continuing military need—With each report prepared pursuant to subsection (a), the Secretary of the Navy shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all the withdrawn and reserved lands for the following 5 years.”
added
Clerical amendments— The table of contents of the El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2813) is amended—
added
by striking the item relating to section 2925; and
added
by amending the item relating to section 2927 to read as follows:
added
Juniper butte range—
added
Elimination of termination date and conforming amendments— The Juniper Butte Range Withdrawal Act (title XXIX of Public Law 105–261; 112 Stat. 2226) is amended—
added
in section 2915—
added
in the section heading, by striking “Duration” and inserting “Relinquishment”;
added
in subsection (a), by striking “Termination.—” and all that follows through “At the time of termination” and inserting “Effect of relinquishment on operation of general land laws.—Upon relinquishment of Department of the Air Force jurisdiction over lands withdrawn and reserved by this title”;
added
in subsection (b)—
added
in the subsection heading, by inserting “Process” after “Relinquishment”;
added
in paragraph (1), by striking “under subsection (c)”; and
added
in paragraph (3), by striking “before the date of termination, as provided for in subsection (a)(1)”; and
added
by striking subsection (c); and
added
in section 2916—
added
in the section heading, by striking “or upon termination of withdrawal”;
added
in subsection (a)(1), by striking “and in all cases not later than 2 years before the date of termination of withdrawal and reservation,”;
added
in subsection (b), by striking “environmental remediation” and all that follows through the end of the subsection and inserting “environmental remediation before relinquishing, to the Secretary of the Interior, jurisdiction over any lands identified in a notice of intent to relinquish under section 2915(b).”; and
added
in subsection (d)—
added
in the subsection heading, by striking “terminates” and inserting “relinquished”;
added
by striking “termination date” both places it appears and inserting “relinquishment date”; and
added
in paragraph (2), by striking “termination” and inserting “relinquishment”.
added
Determinations of continuing military need for withdrawal and reservation and public reports— Section 2909 of the Juniper Butte Range Withdrawal Act (title XXIX of Public Law 105–261; 112 Stat. 2230) is amended by adding at the end the following new subsection:
added “(d) Public reports
added “(1) Changes in land conditions
added “(A) Concurrent with each review of an integrated natural resources management plan developed under this section, the Secretary of the Air Force and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved by this title since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.
added “(B) A report under subparagraph (A) shall include a summary of current military use of the lands withdrawn and reserved by this title, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous 5 years.
added “(2) Combination with other reports—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands withdrawn and reserved by this title.
added “(3) Public review and comment
added “(A) Before the finalization of a report under this subsection, the Secretary of the Air Force and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands withdrawn and reserved by this title.
added “(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of the Juniper Butte Range (if one exists), and any other means considered necessary or desirable by the Secretaries.
added “(4) Determination of continuing military need—With each report prepared pursuant to this subsection, the Secretary of the Air Force shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all the withdrawn and reserved lands for the following 5 years.
added “(5) Distribution of report—The Secretary of the Air Force shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.”
added
Clerical amendments— The table of contents of the Juniper Butte Range Withdrawal Act (title XXIX of Public Law 105–261; 112 Stat. 2226) is amended—
added
by amending the item relating to section 2915 to read as follows:
added
by amending the item relating to section 2916 to read as follows:
added
Ranges covered by subtitle A of Military Lands Withdrawal Act of 1999—
added
Elimination of termination date and conforming amendments— The Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885) is amended—
added
by striking section 3015;
added
by striking section 3016 and inserting the following new section:
added “3016. Relinquishment
added “(a) Notice of intent regarding relinquishment—If the Secretary of the military department concerned decides to relinquish all or any of the lands withdrawn and reserved by section 3011, such Secretary shall transmit a notice of intent to relinquish such lands to the Secretary of the Interior.
added “(b) Opening date—On the date of relinquishment of the withdrawal and reservation of lands withdrawn and reserved by section 3011, such lands shall not be open to any form of appropriation under the public land laws, including the mineral laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order stating the date upon which such lands shall be restored to the public domain and opened.”
added
in section 3017—
added
by striking “section 3016(d)” each place it appears and inserting “section 3016”; and
added
in subsection (e)—
added
by striking “If because” and everything that follows through “determines that” and inserting “If the Secretary of the Interior declines to accept jurisdiction over lands withdrawn by this subtitle which have been proposed for relinquishment because the Secretary determines that”; and
added
in paragraph (2), by striking “the expiration of the withdrawal of such lands under this subtitle” and inserting “such determination”.
added
Establishment of intergovernmental executive committees— Section 3014 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 890) is amended by adding at the end the following new subsection:
added “(g) Intergovernmental executive committees
added “(1) Establishment and purpose—For the lands withdrawn and reserved by section 3011, the Secretary of the military department concerned and the Secretary of the Interior shall establish, by memorandum of understanding, an intergovernmental executive committee for each range for the sole purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the withdrawn and reserved lands.
added “(2) Composition
added “(A) The Secretary of the military department concerned and the Secretary of the Interior shall include representatives from interested Federal agencies as members of the intergovernmental executive committee for a range.
added “(B) The Secretary of the military department concerned and the Secretary of the Interior shall invite to serve as members of the intergovernmental executive committee for a range—
added “(i) at least one elected officer (or other authorized representative) from the government of the State in which the withdrawn and reserved lands are located; and
added “(ii) at least one elected officer (or other authorized representative) from each local government and Indian tribal government in the vicinity of the withdrawn and reserved lands, as determined by the Secretaries.
added “(3) Operation—The intergovernmental executive committee for a range shall operate in accordance with the terms set forth in the memorandum of understanding.
added “(4) Procedures—The memorandum of understanding for a range shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the withdrawn and reserved lands, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings, which shall occur no less frequently than twice a year.
added “(5) Coordinator—The Secretary of the military department concerned, in consultation with the Secretary of the Interior, shall appoint an individual to serve as coordinator of the intergovernmental executive committee for a range. The duties of the coordinator shall be included in the memorandum of understanding. The coordinator shall not be a member of the committee.”
added
Determination of continuing military need for withdrawal and reservation and public reports— The Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885), as amended by paragraph (1), is further amended by inserting after section 3014 the following new section:
added “3015. Determination of continuing military need for withdrawal and reservation and public reports
added “(a) Public reports
added “(1) Changes in land conditions
added “(A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the military department concerned and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved under this subtitle since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.
added “(B) A report under subparagraph (A) shall include a summary of current military use of the lands covered by the plan, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.
added “(2) Combination with other reports—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands covered by the integrated natural resources management plan.
added “(3) Public review and comment
added “(A) Before the finalization of a report under this subsection, the Secretary of the military department concerned and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands addressed by the report.
added “(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of the affected military range (if one exists), and any other means considered necessary or desirable by the Secretaries.
added “(4) Distribution of report—The Secretary of the military department concerned shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.
added “(b) Determination of continuing military need—With each report prepared pursuant to subsection (a), the Secretary of the military department concerned shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all of the withdrawn and reserved lands for the following 5 years.”
added
Clerical amendments— The table of contents of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885) is amended—
added
by amending the item relating to section 3015 to read as follows:
added
by amending the item relating to section 3016 to read as follows:
added
Barry M. Goldwater range—
added
Elimination of termination date and conforming amendments— Section 3031 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 897) is amended—
added
in subsection (c)—
added
in paragraph (1), by striking “, including the duration of any renewal or extension”;
added
in paragraph (2)—
added
in the paragraph heading, by striking “or termination”; and
added
in subparagraph (C), by striking the last sentence; and
added
in paragraph (3)(A), by striking “or termination”; and
added
in subsection (d), by striking “Duration” and all that follows through “of the termination” and inserting “Effect of relinquishment on operation of general land laws.—On the date of relinquishment”;
added
by striking subsection (e); and
added
in subsection (f)—
added
in the subsection heading, by striking “Termination and”;
added
in paragraph (1), by striking “but not later than three years before the termination of the withdrawal and reservation,”;
added
in paragraph (3), by striking “before the termination date of the withdrawal and reservation of such lands under this section”; and
added
in paragraph (4)(A), by striking “Notwithstanding the termination date, unless” and inserting “Unless”.
added
Determinations of continuing military need for withdrawal and reservation— Section 3031 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 897), as amended by paragraph (1), is further amended by inserting after subsection (d) the following new subsection:
added “(e) Determination of continuing military need—With each report prepared pursuant to subsection (b)(5), the Secretary of the Navy and the Secretary of the Air Force shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all the withdrawn and reserved lands for the following 5 years.”
added
Use of definitions— Section 3031(c)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 907) is amended by striking subparagraphs (A) and (B) and inserting the following:
added “(A) The term “military munitions” has the meaning given that term in section 101(e)(4) of title 10, United States Code.
added “(B) The term “unexploded ordnance” has the meaning given that term in section 101(e)(5) of such title.”
added
National Training Center—
added
Elimination of termination date and conforming amendments— The Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is amended—
added
in section 2910, by striking the section heading and all that follows through “At the time of the termination” and inserting the following:
added “2910. Effect of relinquishment on operation of general land laws
added “On the date of relinquishment”
added
by striking section 2911; and
added
in section 2912—
added
in the section heading, by striking “Termination and”;
added
in subsection (a), by striking “During the first 22 years of the withdrawal and reservation made by this title, if” and inserting “If”;
added
in subsection (c), by striking “before the termination date of the withdrawal and reservation”; and
added
in subsection (d), by striking “Notwithstanding the termination date specified in section 2910, unless” and inserting “Unless”.
added
Determination of continuing military need for withdrawal and reservation and public reports— The Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is further amended by inserting after section 2910 the following new section:
added “2911. Determination of continuing military need for withdrawal and reservation and public reports
added “(a) Public reports
added “(1) Changes in land conditions
added “(A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the Army and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved under this title since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.
added “(B) A report under subparagraph (A) shall include a summary of current military use of the lands withdrawn and reserved by this title, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.
added “(2) Combination with other reports—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands withdrawn and reserved by this title.
added “(3) Public review and comment
added “(A) Before the finalization of a report under this subsection, the Secretary of the Army and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands withdrawn and reserved by this title.
added “(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of National Training Center, and any other means considered necessary or desirable by the Secretaries.
added “(4) Distribution of report—The Secretary of the Army shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.
added “(b) Periodic determination of continuing need—With each report prepared pursuant to subsection (a), the Secretary of the Army shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all of the withdrawn and reserved lands for the following 5 years.”
added
Establishment of intergovernmental executive committee— The Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is amended by adding at the end the following new section:
added “2914. Intergovernmental executive committee
added “(a) Establishment and purpose—The Secretary of the Army and the Secretary of the Interior shall establish, by memorandum of understanding, an intergovernmental executive committee for the sole purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the lands withdrawn and reserved by this title.
added “(b) Composition
added “(1) Representatives of other Federal agencies—The Secretary of the Army and the Secretary of the Interior shall include representatives from interested Federal agencies as members of the intergovernmental executive committee.
added “(2) Representatives of state and local governments—The Secretary of the Army and the Secretary of the Interior shall invite to serve as members of the intergovernmental executive committee—
added “(A) at least one elected officer (or other authorized representative) from the government of the State of California; and
added “(B) at least one elected officer (or other authorized representative) from each local government and Indian tribal government in the vicinity of the withdrawn and reserved lands, as determined by the Secretaries.
added “(c) Operation—The intergovernmental executive committee shall operate in accordance with the terms set forth in the memorandum of understanding under subsection (a).
added “(d) Procedures—The memorandum of understanding under subsection (a) shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the lands withdrawn and reserved by this title, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings, which shall occur no less frequently than twice a year.
added “(e) Coordinator—The Secretary of the Army, in consultation with the Secretary of the Interior, shall appoint an individual to serve as coordinator of the intergovernmental executive committee. The duties of the coordinator shall be included in the memorandum of understanding under subsection (a). The coordinator shall not be a member of the committee.”
added
Clerical amendments— The table of contents of the Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is amended—
added
by amending the item relating to section 2910 to read as follows:
added
by amending the item relating to section 2911 to read as follows:
added
by amending the item relating to section 2912 to read as follows:
added
by inserting after the item relating to section 2913 the following new item:
added
Ranges covered by Military Land Withdrawals Act of 2013—
added
Elimination of termination date and conforming amendments— The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is amended—
added
by striking sections 2919, 2920; 2936, 2946, and 2979;
added
in section 2921, by striking “On the termination of” and inserting “On the relinquishment of”; and
added
in section 2922(d)(3)—
added
in the paragraph heading, by striking “on termination” and inserting “upon relinquishment”; and
added
by striking “or if at the expiration of the withdrawal and reservation,”.
added
Establishment of Intergovernmental executive committee— The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is further amended by inserting after section 2918 the following new section:
added “2919. Intergovernmental executive committee
added “(a) Establishment and purpose—For the lands withdrawn and reserved by sections 2941 and 2971, the Secretary concerned and the Secretary of the Interior shall establish, by memorandum of understanding, an intergovernmental executive committee for each location for the sole purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the withdrawn and reserved lands.
added “(b) Composition
added “(1) Representatives of other Federal agencies—The Secretary concerned and the Secretary of the Interior shall include representatives from interested Federal agencies as members of the intergovernmental executive committee for a location covered by subsection (a).
added “(2) Representatives of state and local governments—The Secretary concerned and the Secretary of the Interior shall invite to serve as members of the intergovernmental executive committee for a location covered by subsection (a)—
added “(A) at least one elected officer (or other authorized representative) from the government of the State in which the withdrawn and reserved lands are located; and
added “(B) at least one elected officer (or other authorized representative) from each local government and Indian tribal government in the vicinity of the withdrawn and reserved lands, as determined by the Secretaries.
added “(c) Operation—The intergovernmental executive committee for a location covered by subsection (a) shall operate in accordance with the terms set forth in the memorandum of understanding under subsection (a).
added “(d) Procedures—The memorandum of understanding under subsection (a) shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the withdrawn and reserved lands, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings, which shall occur no less frequently than twice a year.
added “(e) Coordinator—The Secretary concerned, in consultation with the Secretary of the Interior, shall appoint an individual to serve as coordinator of the intergovernmental executive committee for a location covered by subsection (a). The duties of the coordinator shall be included in the memorandum of understanding under subsection (a). The coordinator shall not be a member of the committee.”
added
Determination of Continuing military need for withdrawal and reservation and public reports— The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is further amended by inserting after section 2919, as added by paragraph (2), the following new section:
added “2920. Determination of continuing military need for withdrawal and reservation and public reports
added “(a) Public reports
added “(1) Changes in land conditions
added “(A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the military department concerned and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands covered by the plan since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.
added “(B) A report under subparagraph (A) shall include a summary of current military use of the lands covered by the plan, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.
added “(2) Combination with other reports—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands addressed by the report.
added “(3) Public review and comment
added “(A) Before the finalization of a report under this subsection, the Secretary of the military department concerned and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands addressed by the report.
added “(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of the affected military range (if one exists), and any other means considered necessary or desirable by the Secretaries.
added “(4) Distribution of report—The Secretary of the military department concerned shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.
added “(b) Determination of continuing military need—With each report prepared pursuant to subsection (a), the Secretary of the military department concerned shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all of the withdrawn and reserved lands for the following 5 years.”
added
Clerical amendments— The table of contents of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is amended—
added
by striking the item relating to section 2919 and inserting the following new item:
added
by striking the item relating to section 2920 and inserting the following new item:
added
by striking the items relating to section 2936, 2946, and 2979.
added
Requests for withdrawals made to Secretary of the Interior; temporary use permits and transfers of small parcels of land between Departments of Interior and military departments; more efficient surveying of lands—
added
Requiring requests for withdrawals to be made to Secretary of the Interior— Section 3 of the Act of February 28, 1958 (Public Law 85–337; 43 U.S.C. 157), is amended—
added
by striking “Any application” and inserting “(a) Contents of application.—Any application”; and
added
by striking “shall specify” and inserting “shall be filed with the Secretary of the Interior and shall specify”.
added
Authorization of additional arrangements for use and transfer of lands under jurisdiction of Secretary of the Interior— Such Act (43 U.S.C. 155 et seq.) is further amended by adding at the end the following new sections:
added “7. Short-term permits for use of Department of Interior lands for military training and testing
added “(a) Authority—In addition to any other authority to grant permits for the use of land, the Secretary of the Interior may grant a permit to the Secretary of Defense to use land under the administrative jurisdiction of the Secretary of the Interior. Any such permit—
added “(1) shall be issued consistent with section 2691 of title 10, United States Code;
added “(2) shall allow the Department of Defense to use the land only for purposes of training and testing that are consistent with the purposes for which the Secretary of the Interior manages the land; and
added “(3) may contain such other requirements as the Secretary of the Interior considers appropriate.
added “(b) Duration of permit—A permit granted under this section shall be in effect for such period as the Secretary of the Interior may provide, except that such period may not exceed 30 days.
added “8. Transfers of small parcels of land between the Departments of Defense and Interior
added “(a) Transfer authorized—Subject to any valid existing rights, upon mutual agreement, and without cost for the value of the land or any improvements thereon—
added “(1) the Secretary of the Interior may transfer administrative jurisdiction over land that meets the requirements of subsection (b) to the Secretary of a military department; and
added “(2) the Secretary of a military department may transfer administrative jurisdiction over land that meets the requirements of subsection (b) to the Secretary of the Interior.
added “(b) Requirements for land eligible for transfer—The requirements of this subsection are as follows:
added “(1) Contiguity—The land is contiguous to land already under the administrative jurisdiction of the Secretary to whom such jurisdiction is transferred.
added “(2) Limitation on acreage—No single parcel of the land is larger than 5,000 acres of contiguous area.
added “(3) No recent prior transfer of contiguous land—The land is not contiguous to any other land for which administrative jurisdiction has been transferred under the authority of this section during the previous 5 years.
added “(4) Prior use for defense purposes—In the case of land transferred to the Department of Defense, the land was used for defense purposes immediately prior to the date of transfer.
added “(c) Map and legal description
added “(1) Preparation and publication—The Secretary of the Interior shall—
added “(A) publish in the Federal Register a notice containing the legal description of any land transferred under subsection (a);
added “(B) file maps and legal descriptions of the land with—
added “(i) the Committees on Armed Services and Energy and Natural Resources of the Senate, and
added “(ii) the Committees on Armed Services and Natural Resources of the House of Representatives; and
added “(C) make copies of such maps and legal descriptions available for public inspection in the appropriate offices of the Bureau of Land Management.
added “(2) Force of law—For purposes of any transfer of administrative jurisdiction over land under this section, the legal description and map for the land shall be the legal description of the land filed under paragraph (1)(B), except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map.
added “(3) Costs—The Secretary of the military department to whom administrative jurisdiction over land is transferred under subsection (a)(1) shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this subsection with respect to such land.
added “(d) Treatment and use of land transferred to the Secretary of a military department—Upon a transfer of administrative jurisdiction over land to the Secretary of a military department under subsection (a)(1)—
added “(1) the land shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the military department; and
added “(2) for as long as the land is under the administrative jurisdiction of a Secretary of a military department, the land shall be withdrawn from—
added “(A) all forms of entry, appropriation, or disposition under the public land laws;
added “(B) location, entry, and patent under the mining laws;
added “(C) disposition under all laws relating to mineral materials and all laws relating to mineral and geothermal leasing.
added “(e) Treatment and use of land transferred to the secretary of the interior—Upon a transfer of administrative jurisdiction over land to the Secretary of the Interior under subsection (a)(2)—
added “(1) the land shall become public land; and
added “(2) the land shall be administered for the same purposes and be subject to the same conditions of use as the adjacent public land.
added “(f) Effect on other authorities—The authority provided by this section is in addition to, and not subject to, any other authority relating to transfers of land.”
added
Short title— The first section of such Act (43 U.S.C. 155) is amended—
added
by striking “That, notwithstanding” and inserting “Section 1. (a) Withdrawal, reservation, or restriction of public lands for defense purposes.—Notwithstanding”; and
added
by adding at the end the following new subsection:
added “(b) Short title—This Act may be cited as the “Engle Act”.”
added
Promoting more efficient surveying of lands— In fixing the original corner position in an official survey of unsurveyed land, when applicable and feasible, Cadastral Survey may, instead of using physical monuments, use geographic coordinates correlated to the National Spatial Reference System geodetic datum, in accordance with the Manual of Surveying Instructions.
added
Effect on new land withdrawals and reservations— Nothing in this section or the amendments made by this section shall be construed as changing the requirements imposed on the Department of Defense to obtain a new or expanded land withdrawal and reservation.
Sec. 2832 Designation of potential wilderness area
added
added
In general— Certain land administered by the National Park Service, comprising approximately 1 acre as generally depicted on the map entitled “Proposed Potential Wilderness, Mormon Peak Microwave Facility, Death Valley National Park”, numbered 143–142, 834, and dated March 1, 2018, is designated as a potential wilderness area.
added
Uses— The Secretary of the Interior may permit on the land described in subsection (a) only the uses that were permitted on such land on the date of enactment of the California Desert Protection Act of 1994 (Public Law 103–433).
added
Reestablishment of wilderness designation—
added
Notice— The Secretary of the Interior shall publish a notice in the Federal Register when the Secretary determines that—
added
the communications site within the potential wilderness area designated under subsection (a) is no longer used;
added
the associated right-of-way is relinquished or not renewed; and
added
the conditions in the potential wilderness area designated by subsection (a) are compatible with the Wilderness Act (16 U.S.C. 1131 et seq.).
added
Designation— Upon publication by the Secretary of the notice described in paragraph (1), the land described in subsection (a) is—
added
designated as wilderness and as a component of the National Wilderness Preservation System; and
added
incorporated into the Death Valley National Park Wilderness designated by section 601of Public Law 103–433.
Sec. 2841 Defense community infrastructure program
changed
Land conveyance and restoration Authorization of real property improvements authorized—program— In connection with a project planned by the Tuscon Airport Authority (in this section referred to as “TAA”) to relocate and extend a parallel runway and make other airfield safety enhancements at the Tucson International Airport, the Secretary Section 2391 of the Air Force (in this section referred to as the “Secretary”) may—title 10, United States Code, is amended—
changed
convey to TAA all right, title, and interest of the United States in by redesignating subsections (d) and to all or any part of a parcel of real property, including any improvements thereon, consisting of approximately 58 acres on Air Force Plant 44, Arizona, (e) as subsections (e) and located adjacent to Tucson International Airport;(f); and
changed
agree to terminate all or a portion of any deed restrictions made for the benefit of the United States that limit construction on Tucson International Airport within 750 feet of by inserting after subsection (c) the Airport’s southwest property boundary with Air Force Plant 44; andfollowing new subsection:
added “(d) Defense Community Infrastructure Program
added “(1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to assist States and units of local government in addressing deficiencies in community infrastructure projects or facilities which are located outside of military installations but which support military installations, and which are owned by the State or unit of local government, if the Secretary determines that such assistance will enhance the military value, resiliency, or military family quality of life at such military installation.
added “(2) The Secretary shall establish criteria for the eligibility and selection of States and units of local government to receive assistance under this subsection. Such criteria shall include a requirement that the State or unit of local government agrees to contribute not less than 20 percent of the funding required to address the deficiencies in the community infrastructure project or facility involved, except that the Secretary may waive such requirement in the case of a community infrastructure project or facility which is located in a rural area.
added “(3) Prior to providing any assistance to a State or unit of local government with respect to a community infrastructure project or facility under this subsection, the Secretary shall provide a notification to the appropriate committees of Congress of the intent to provide the assistance, and shall include in the notification a comprehensive description of how the assistance will address deficiencies in the project or facility, a certification of military need, and (if applicable) a certification that the State or unit of local government has agreed to contribute funding for the infrastructure as required under paragraph (2). The Secretary may then obligate funds for such assistance only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.”
removed
using cash or in-kind consideration as provided in subsection (b)—
removed
construct new explosives storage facilities to replace the explosives storage facilities located on the land described in paragraph (1) and explosives storage facilities located on Air Force Plant 44 within the end-of-runway clear zone associated with the TAA airfield enhancement project; and
removed
construct new fencing as necessary to accommodate the changes in the boundary of Air Force Plant 44.
changed
Consideration—Definition— As consideration for the land conveyance, deed restriction termination, replacement of real property improvements, and installation Section 2391(e) of fencing authorized under such title, as redesignated by subsection (a), the following consideration must be received is amended by the United States before adding at the Secretary may make any conveyance or termination of real property interests of end the United States as described in subsection (a):following new paragraph:
added “(4) The term “community infrastructure project or facility” means any of the following:
added “(A) A transportation project.
added “(B) A school, hospital, police, fire, emergency response, or other community support facility.
added “(C) A water, waste-water, telecommunications, electric, gas, or other utility infrastructure project.”
removed
All right, title, and interest of the owner or owners thereof to the parcels of real property consisting of approximately 160 acres directly adjacent to the south boundary of Air Force Plant 44.
removed
The cost to the Secretary, in accordance with current design standards, of—
removed
replacing the real property structures on Air Force Plant 44 made unusable due to the land transfers and termination of deed restrictions, with structures of at least equivalent capacity and functionality; and
removed
installing the necessary boundary fencing due to the changes in the boundary of Air Force Plant 44.
removed
Direct payment of consideration to government contractors— The Secretary may require that any cash consideration to be received under this section be paid, directly or through the Air Force design and construction agent, to the contractors performing design or construction of the real property improvements described in subsection (a)(3).
removed
Payment of costs of conveyances—
removed
Payment required— The Secretary may require TAA to cover costs to be incurred by the Secretary to carry out the land exchange and other transactions authorized under this section, or to reimburse the Secretary for such costs, including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related to the conveyances. If amounts are collected from TAA in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out such transactions, the Secretary shall refund the excess amount to TAA.
removed
Treatment of amounts received— Amounts received as reimbursements under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.
removed
Description of property— The exact acreage and legal description of the real property to be exchanged under this section shall be determined by a survey satisfactory to the Secretary.
removed
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the land exchange and other transactions under this section as the Secretary considers appropriate to protect the interests of the United States. Without limiting the foregoing, the Secretary may establish a deed restriction on any part of the 58 acres described in subsection (a)(1) to accommodate existing Quantity Distance arcs.
Sec. 2842 Restrictions on use of funds for development of public infrastructure in Commonwealth of Northern Mariana Islands
added
Restriction— If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure in the Commonwealth of the Northern Mariana Islands (hereafter in this section referred to as the “Commonwealth”), the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding—
removed
Marine Corps Air Ground Combat Center Twentynine Palms, California—
removed
Authority for transfer— Subject to paragraph (2), the Secretary of the Navy may transfer to the Secretary of the Interior, at no cost, administrative jurisdiction of approximately 2,105 acres of non-contiguous parcels of land within the Shared Use Area of the Marine Corps Air Ground Combat Center Twentynine Palms, California.
changed
Condition for transfer— The Secretary of the Navy may carry out the transfer under this subsection only if the Secretary of the Navy and the Secretary of the Interior each determine that the transfer is in the public interest and will be for the benefit of the Department of the Navy and the Department of the Interior, respectively.specifically authorized by law; and
changed
Status of land after transfer— Upon completion of the transfer under this subsection, the land over which the Secretary of the Interior obtains administrative jurisdiction shall become public land withdrawn and reserved under section 2941 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1034), and shall will be managed in accordance with section 2942(b)(1) of such Act (Public Law 113–66; 127 Stat. 1036), in the same manner as other lands used to carry out a public infrastructure project included in the Shared Use Area.report submitted under subsection (b).
removed
Shared Use Area defined— In this subsection, the term “Shared Use Area” means the area described in section 2941(b)(2) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1035).
changed
Marine Corps Air Station Yuma, Arizona—Report of Economic Adjustment Committee—
changed
Authority for transfer—Convening of Committee— Subject to paragraph (2), the Secretary of the Interior may transfer to Not later than 90 days after the Secretary date of the Navy, at no cost, administrative jurisdiction of approximately 256 acres of non-contiguous parcels enactment of land within Marine Corps Air Station Yuma, Arizona which are used by this Act, the Department Secretary of the Navy Defense, as of the day before the date chair of the enactment of this Act pursuant Economic Adjustment Committee established in Executive Order No. 127887 (10 U.S.C. 2391 note), shall convene the Economic Adjustment Committee to any consider assistance, including assistance to support public infrastructure projects, necessary to support changes in Department of Defense activities in the following authorities:Commonwealth.
removed
Public Land Order Number 2766 of August 28, 1962.
removed
Expired Public Land Order Number 6804 of October 16, 1990.
removed
Memorandum of Understanding Number 14-06-300-1266 of July 5, 1962, between the Department of the Interior and the Department of the Navy.
changed
Condition for transfer—Report— The Secretary of the Interior may carry out Not later than 180 days after convening the transfer Economic Adjustment Committee under this subsection only if the Secretary of the Interior and paragraph (1), the Secretary of the Navy each determine that the transfer is in the public interest and will be for the benefit of the Department of the Interior and the Department of shall submit to the Navy, respectively.congressional defense committees a report—
added
describing the results of the Economic Adjustment Committee deliberations required by paragraph (1); and
added
containing a description of any assistance the Committee determines to be necessary to support changes in Department of Defense activities in the Commonwealth, including any public infrastructure projects the Committee determines should be carried out with such assistance.
added
Public infrastructure defined— In this section, the term “public infrastructure” means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.
removed
Withdrawal of land after transfer— Upon completion of the transfer under this subsection, the land over which the Secretary of the Navy obtains administrative jurisdiction—
removed
shall cease to be public land; and
removed
for as long as the land is under the administrative jurisdiction of the Secretary of the Navy or the Secretary of any other military department, shall be withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral interests and to mineral and geothermal leasing.
Sec. 2843 Study and report on Coleman Bridge, York River, Virginia
changed
Restoration required as result of previous remediation—Findings— As soon as practicable, the Secretary of the Navy shall take such steps as may be required to fill in depressions in the Mare Island property which resulted from environmental remediation carried out by the Department of the Navy prior to the date of Congress finds the enactment of this section.following:
added
Navy vessels must have access to Naval Weapons Station, Yorktown, Virginia, in order to load munitions for war time needs.
added
To access the Station, vessels must pass the George P. Coleman Bridge on the York River, which swings open to allow passage.
added
Many Federal employees at the Station and at other critical military installations in the Tidewater region of Virginia live on the north side of the York River and commute to work using the Bridge.
added
The assured operation of the George P. Coleman Memorial Bridge is therefore critical to the operation of Naval Weapons Station, Yorktown and national security generally.
changed
Mitigation Study and report on inclusion of wetlands—Bridge in Strategic Highway Network—
changed
Method of mitigation—Study— If the refilling The Commander of wetlands on the Mare Island property requires mitigation, United States Transportation Command shall conduct a study of the Secretary feasibility and desirability of including the Navy shall conduct such mitigation in accordance with relevant Federal, State George P. Coleman Memorial Bridge on the York River, Virginia, and local environmental laws.United States Route 17 in the Strategic Highway Network.
changed
Coordination over certain portion of property—Report— To the extent that the refilling of wetlands on Not later than 180 days after the Mare Island property requires mitigation on any portion of such property which is subject to a reversionary interest date of the State enactment of California, this Act, the Secretary Commander shall coordinate with the California State Lands Commission to determine how submit to best meet the regulatory requirements applicable to congressional defense committees a report on the mitigation results of such wetlands.the study conducted under paragraph (1).
removed
Report on compliance and future conveyance— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing the process by which the Secretary plans to meet the requirements of subsections (a) and (b), as well as a proposal by the Secretary to convey the Mare Island property (or some portion thereof) to the State of California or units of local government in the State of California.
removed
Definition— In this section, the “Mare Island property” is the parcel of real property consisting of approximately 48 acres located within the former Mare Island Naval Shipyard which was formerly used as a firing range by the Department of the Navy.
Sec. 2844 Certifications required prior to transfer of certain veterans memorial object
changed
Release—Certifications— The Secretary of the Navy may, upon receipt of full consideration as provided in subsection (b), release to the Regents of the University Subsection (c) of California (in this section referred to as the “University of California”) all remaining right, title, and interest of the United States, including restrictions on use imposed by deed or otherwise and reversionary rights, in and to a parcel of real property consisting of approximately 495 acres that comprises part of the San Diego campus 2864 of the University of California.National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1869) is amended—
added
in the heading, by striking “Transfer” and all that follows and inserting “Transfer of Certain Veterans Memorial Object”;
added
in the matter preceding paragraph (1), by striking “certifies to Congress” and inserting “provides a certification to Congress”.
added
by redesignating paragraph (2) as paragraph (3); and
added
by inserting after paragraph (1) the following new paragraph:
added “(2) Certification requirements—The certification required under paragraph (1) shall include a report with a classified annex describing the effects of the transfer of the object under this subsection on the national security interests of the United States (as required under subparagraph (A) of paragraph (1)) and the efforts undertaken to consult with veterans organizations and government officials in the State of Wyoming in order to preserve the history of the veterans associated with the object (as required by subparagraph (B) of paragraph (1)).”
added
Effective date— The amendment made by subsection (a) shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2018.
removed
Consideration—
removed
Consideration required— As consideration for the release under subsection (a), the University of California shall provide an amount that is acceptable to the Secretary of the Navy, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof, at such time as the Secretary may require. The consideration under this paragraph shall be based on an appraisal approved by the Secretary of the value to the Department of the Navy of the restrictions released under subsection (a), except that in determining the value of such restrictions, there shall be excluded the value of any existing improvements to the property made by or on behalf of the University of California and the value of the University of California’s existing rights to the property.
removed
In-kind consideration— In-kind consideration provided by the University of California under paragraph (1) may include goods or services that benefit the Department of the Navy and may take into consideration the value which has accrued to the Department of the Navy from the San Diego campus of the University of California’s research, education, and clinical care activities, as well as the contracts, grants, and other collaborations between the Department of the Navy and the San Diego campus of the University of California.
removed
Treatment of consideration received— Consideration in the form of cash payment received by the Secretary under paragraph (1) shall be deposited in the separate fund in the Treasury described in section 572(a)(1) of title 40, United States Code.
removed
Payment of costs of release—
removed
Payment required— The Secretary of the Navy shall require the University of California to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the release under subsection (a), including survey costs, costs for environmental documentation related to the release, and any other administrative costs related to the release. If amounts are collected from the University of California in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the release, the Secretary shall refund the excess amount to the University of California.
removed
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the release under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of a fund that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
removed
Description of property— The exact acreage and legal description of the real property that is the subject of the release under subsection (a) shall be determined by a survey or other documentation satisfactory to both the Secretary of the Navy and the University of California.
removed
Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the release under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2845 Battleship preservation grant program
added
Establishment— There is hereby established within the Department of the Interior a grant program for the preservation of our nation’s most historic battleships.
removed
Exchange of property interests authorized—
removed
Interests to be conveyed— The Secretary of the Navy (Secretary) may convey all right, title, and interest of the United States in and to one or more parcels of real property under the jurisdiction of the Secretary, including any improvements thereon and, without limitation, any leasehold interests of the United States therein, as the Secretary considers appropriate to protect the interests of the United States.
removed
Interests to be acquired— In exchange for the property interests described in paragraph (1), the Secretary may accept parcels at the Southeast Federal Center in the vicinity of the Washington Navy Yard, replacement of facilities being conveyed of equal value and similar utility, as determined by the Secretary, and any additional consideration the Secretary feels is appropriate, including maintenance, repair, or restoration of any real property, facility, or infrastructure under the jurisdiction of the Secretary.
changed
Valuation—Use of Grants— The value of the property interests to Amounts received through grants under this section shall be exchanged by used for the Secretary described preservation of our nation’s most historic battleships in subsections (a)(1) a manner that is self-sustaining and (a)(2) shall be determined—has an educational component.
added
Criteria for eligibility— To be eligible for a grant under this section, an entity shall—
removed
by an independent appraiser selected by the Secretary; and
removed
in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
removed
Equalization payments—
removed
To the Secretary— If the fair market value of the property interests described in subsection (a)(1) is greater than the fair market value of the property interests described in subsection (a)(2), the person to whom such interests are conveyed shall pay to the Department of the Navy an amount equal to the differences in such fair market values.
changed
No equalization— If the fair market value of the property interests described in subsection (a)(2) is greater than the fair market value of the property interests described in subsection (a)(1), the Secretary shall not make a cash equalization payment to equalize submit an application under procedures prescribed by the values.Secretary;
added
match the amount of the grant, on a 1-to-1 basis, with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued as determined by the Secretary;
added
maintain records as may be reasonably necessary to fully disclose—
added
the amount and the disposition of the proceeds of the grant;
added
the total cost of the project for which the grant is made; and
added
other records as may be required by the Secretary, including such records as will facilitate an effective accounting for project funds; and
added
provide access to the Secretary for the purposes of any required audit and examination of any books, documents, papers, and records of the entity.
added
Most historic battleship defined— In this section, the term “most historic battleship” means a battleship that is—
removed
Payment of costs of conveyance—
removed
Payment required— The Secretary shall require the other party in this land exchange to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred, to carry out the land exchange under this section, including survey costs, costs for environmental documentation, other administrative costs related to the land exchange, and all costs associated with relocation of activities and facilities, including equipment, to the replacement location. If amounts collected are in advance of the Secretary incurring actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the land exchange, the Secretary shall refund the excess amount.
changed
Treatment of amounts received— Amounts received shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the land exchange. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions between 75 and limitations, as amounts in such fund or account.115 years old;
added
listed on the National Register of Historic Places; and
added
located within the State for which it was named.
changed
Description of property—Savings provision— The exact acreage and legal description of the property to be exchanged under authorities contained in this section shall be determined by surveys satisfactory in addition to, and shall not be construed to the Secretary of supercede or modify those contained in the Navy.National Historic Preservation Act (16 U.S.C. 470–470x–6).
added
Private property protection—
added
In general— No Federal funds made available to carry out this section may be used to acquire any real property, or any interest in any real property, without the written consent of the owner (or owners) of that property or interest in property.
added
No designation— The authority granted by this section shall not constitute a Federal designation or have any effect on private property ownership.
added
Sunset— The authority to make grants under this section expires on September 30, 2025.
removed
Conveyance agreement— The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to both parties of the exchange, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2846 Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar Station
changed
Conveyance authorized—Restrictions— The Except as provided in subsection (b), the Secretary of the Air Force may convey to the Air Force Enlisted Village, a nonprofit corporation (in this section referred not use any funds or resources to as carry out the “Village”), all right, title, and interest rehabilitation of the United States Over-the-Horizon Backscatter Radar Station on Modoc National Forest land in and to a parcel of real property, including improvements thereon, consisting of approximately 80 acres located adjacent to Eglin Air Force Base, Florida, for the purpose of independent-living and assisted-living apartments for veterans. The conveyance under this subsection is subject to valid existing rights.Modoc County, California.
changed
Consideration required—Exception for removal of perimeter fence— As consideration for the conveyance under Notwithstanding subsection (a), the Village shall provide an amount that is equivalent to the fair market value Secretary may use funds and resources to the Department of remove the Air Force of perimeter fence surrounding the right, title, Over-the-Horizon Backscatter Radar Station and interest conveyed under such subsection, based on an appraisal approved by to carry out the Secretary mitigation of the Air Force. The consideration under this paragraph may be provided by cash payment, in-kind consideration, or a combination thereof, at soil contamination associated with such time as the Secretary may require.fence.
added
Sunset— Subsection (a) shall terminate on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.
removed
Payment of costs of conveyance—
removed
Payment required— The Secretary may require the Village to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under this section, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Village in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Village.
removed
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
removed
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
removed
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2847 Modification to First Division Monument
added
Authorization— The Society of the First Infantry Division (an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that code), may make modifications (including construction of additional plaques and stone plinths on which to put the plaques) to the First Division Monument located on Federal land in Presidential Park in District of Columbia that was set aside for memorial purposes of the First Infantry Division, in order to honor the members of the First Infantry Division who paid the ultimate sacrifice during United States operations, including Operation Desert Storm, Operation Iraqi Freedom and New Dawn, and Operation Enduring Freedom. The First Infantry Division at the Department of the Army shall collaborate with the Department of Defense to provide to the Society of the First Infantry Division the list of names to be added.
removed
Net-Negative inventory of land parcels—
removed
Maintenance and update of inventory— The Secretary of the Navy shall maintain and update regularly an inventory of all land parcels located on Guam which meet each of the following conditions:
removed
The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy.
removed
The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy.
removed
Under Federal law, including Public Law 106–504 (commonly known as the “Guam Omnibus Opportunities Act”; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial government.
removed
Information required— For each parcel included in the inventory under paragraph (1), the Secretary shall specify—
removed
the approximate size of the parcel;
removed
an estimate of the fair market value of the parcel, if available or as practicable;
removed
the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and
removed
the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel.
changed
Parcels required To be included—Non-Application of Commemorative Works Act— The Secretary shall include in the inventory under this Subsections (b) and (c) of section each 8903 of the following parcels, title 40, United States Code (commonly known as described in the 2017 Net Negative Report:“Commemorative Works Act”), shall not apply to actions taken under subsection (a) of this section.
added
Funding— Federal funds may not be used to pay any expense of the activities of the Society of the First Infantry Division which are authorized by this section.
removed
The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report.
removed
The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report.
removed
The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report.
removed
Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report.
removed
The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report.
removed
The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report.
removed
The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report.
removed
The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report.
removed
The Hoover Park Annex (also known as “Old USO Beach”; 6 acres), listed as Site 37 in the Report.
removed
Parcel “C” Marbo Cave Annex (5 acres), listed as Site 12 in the Report.
removed
Inclusion of additional parcels in inventory—
removed
Request by Governor— The Governor of the territory of Guam may submit a request to the Secretary to add parcels to the inventory maintained under subsection (a), and shall specify in any such request any public benefit uses or public purposes proposed by the Governor for the parcel involved, pursuant to the Guam Omnibus Opportunities Act or any other relevant Federal law.
removed
Consideration by Secretary— Not later than 180 days of receipt of a request from the Governor under paragraph (1), the Secretary shall review the request and provide a response in writing to the Governor as to whether the Secretary will agree to the request to include the specific land parcel in the inventory maintained under subsection (a). If the Secretary denies the request, the Secretary shall provide a detailed written justification to the Governor that explains the continuing military need for the parcel, if any, and the date on which the Secretary expects that military need to cease, if ever.
removed
Exclusion of parcels— The Secretary shall not include in the inventory maintained under this section any parcel transferred to the government of Guam prior to the date of the enactment of this Act, without regard to whether or not the parcel is included in the inventory under subsection (b).
removed
Public notification— The Secretary shall publish and update on a public website of the United States Government the following information:
removed
The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b).
removed
All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request.
removed
A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c).
removed
A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following:
removed
The approximate size of the parcel.
removed
An estimate of the fair market value of the parcel, if available or as practicable.
removed
The specific legal authority under which the Secretary transferred the parcel to the territorial government.
removed
The date the parcel was transferred to the territorial government.
removed
Definitions— In this section, the following definitions apply:
removed
2017 Net Negative Report— The term 2017 Net Negative Report means the report submitted by the Secretary of the Navy, on behalf of the Secretary of Defense, under section 2208 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2695) regarding the status of the implementation of the “net negative” policy regarding the total number of acres of the real property controlled by the Department of the Navy or the Department of Defense on Guam.
removed
Governor— The term Governor means the Governor of the territory of Guam.
removed
Secretary— The term “Secretary” means the Secretary of the Navy.
removed
Territorial government— The term territorial government means the government of Guam established under the Organic Act of Guam (48 U.S.C. 1421 et seq.).
Sec. 2848 Defense access roads relating to closures due to sea level rise and flooding
added
Authority— Section 210(a)(1) of title 23, United States Code, is amended by striking “closures or restrictions” and inserting “closures, closures due to sea level rise and flooding, or restrictions”.
removed
Section 2922(c) of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 605), as amended by section 2842 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 863) and section 2838 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3710), is amended—
changed
Use of funds— Section 210 of title 23, United States Code, is amended by striking “(1) The conveyance” and inserting “The conveyance”; andadding at the end the following:
added “(i) Beginning in fiscal year 2019, funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to, and for any infrastructure to mitigate the risks posed to, highways by recurrent flooding and sea level rise, if the Secretary shall determine that continued access to a military installation has been impacted by past flooding and projected sea level rise.”
removed
by striking paragraph (2).
Sec. 2849 Land conveyance, Naval Academy dairy farm, Gambrills, Maryland
removed
removed
Conveyance authorized— Notwithstanding section 6976 of title 10, United States Code, the Secretary of the Navy may convey and release to Anne Arundel County, Maryland (in this section referred to as the “County”) all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of approximately 40 acres at the property commonly referred to as the Naval Academy dairy farm located in Gambrills, Maryland (in this section referred to as the “Dairy Farm”), for use in support of a public park, recreational area, and additional public uses.
removed
Consideration—
removed
Consideration required— As consideration for the conveyance and release under subsection (a), the County shall provide an amount that is equivalent to the fair market value to the Department of the Navy of the right, title, and interest conveyed and released under such subsection, based on an appraisal approved by the Secretary of the Navy. The consideration under this paragraph may be provided by cash payment, in-kind consideration, or a combination thereof, at such time as the Secretary may require.
removed
In-kind consideration— In-kind consideration provided by the County under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facility, real property, or infrastructure under the jurisdiction of the Secretary.
removed
Treatment of consideration received— Consideration in the form of cash payment received by the Secretary under paragraph (1) shall be retained by the Superintendent of the Naval Academy and shall be available to cover expenses related to the Dairy Farm, including reimbursing nonappropriated fund instrumentalities of the Naval Academy.
removed
Payment of cost of conveyance and release—
removed
Payment required— The Secretary of the Navy shall require the County to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance and release under subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance and release, and any other administrative costs related to the conveyance and release. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance and release or any costs incurred by the Secretary to administer the County’s lease of the Dairy Farm, the Secretary shall refund the excess amount to the County.
removed
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyance and release under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of fund that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
removed
Description of property— The exact acreage and legal description of the property which is subject to conveyance and release under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
removed
Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance and release under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
removed
No effect on existing leases governing property not subject to conveyance— Nothing in this section or in any conveyance and release carried out pursuant to this section may be construed to affect the terms, conditions, or applicability of any existing agreement entered into between the Country and the Secretary of the Navy which governs the use of any portion of the Dairy Farm which is not subject to conveyance and release under this section.
Sec. 2850 Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana
removed
removed
Section 2931(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1031) is amended by striking “18,644 acres” and all that follows through “April 10, 2013” and inserting the following: “18,964 acres in Broadwater County, Montana, generally depicted as “Limestone Hills Training Area Land Withdrawal” on the map entitled “Limestone Hills Training Area Land Withdrawal”, dated May 11, 2017”.
Sec. 2851 Land conveyance, Wasatch-Cache National Forest, Rich County, Utah
removed
removed
Land conveyance authorized— Subject to valid existing rights, not later than 6 months after the date of the enactment of this section, the Secretary of Agriculture shall convey, without consideration, to the Utah State University Research Foundation, (in this section referred to as the “Foundation”) all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 80 acres, including improvements thereon, located outside of the boundaries of the Wasatch-Cache National Forest, Rich County, Utah, within Sections 19 and 30, Township 14 North, Range 5 East, Salt Lake Base and Meridian for the purpose of permitting the Foundation to use the property for scientific and educational purposes.
removed
Reversionary interest— If the Secretary of Agriculture determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title and interest in and to such real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
removed
Payment of costs of conveyance—
removed
Payment required— The Secretary of Agriculture shall require the Foundation to cover the costs (except any costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Foundation in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Foundation.
removed
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
removed
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of Agriculture.
removed
Additional terms and conditions— The Secretary of Agriculture may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2852 Commemoration of Freedman's Village
removed
removed
Freedman's Village Gate— The Secretary of the Army shall, as part of the southern expansion of Arlington National Cemetery, name the newly constructed gate located at the intersection of Hobson Drive and Southgate Road, “Freedman’s Village Gate”.
removed
Permanent easement— The Secretary of the Army is directed to grant to Arlington County a permanent easement of no less than 0.1 acres of land within the right-of-way of Southgate Road to the south and west of Hobson Drive and west of the planned joint base access road that is also continuous with Foxcroft Heights Park for the purpose of commemorating Freedman’s Village.
removed
Relocation of commemoration in event location is used for burial purposes— In the event Arlington National Cemetery subsequently acquires the property used for the commemoration described under subsection (b) for burial purposes, the Army shall relocate any commemoration of Freedman’s Village to an appropriate location.
removed
Reimbursement— The Secretary of Defense may accept reimbursement from Arlington County for any costs associated with commemorating Freedman’s Village.
Sec. 2861 Defense community infrastructure pilot program
removed
removed
Section 2391 of title 10, United States Code, is amended—
removed
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
removed
by inserting after subsection (c) the following new subsection:
removed
“(d) Defense community infrastructure pilot program
removed
“(1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to assist State and local governments to address deficiencies in community infrastructure supportive of a military installation, if the Secretary determines that such assistance will enhance the military value, resilience, or military family quality of life at such military installation.
removed
“(2) The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under paragraph (1). The criteria shall include a requirement that the State or local government agree to contribute not less than 30 percent of the funding for the community infrastructure project, unless the community infrastructure project is located in a rural area, or for reasons related to national security, in which case the Secretary may waive the requirement for a State or local government contribution.
removed
“(3) Amounts appropriated or otherwise made available for assistance under paragraph (1) may remain available until expended.
removed
“(4) The authority under this subsection shall expire upon the expiration of the 10-year period which begins on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019.”
removed
in subsection (e), as redesignated by paragraph (1), by adding at the end the following new paragraphs:
removed
“(4) The term community infrastructure means any transportation project; school, hospital, police, fire, emergency response, or other community support facility; or water, waste-water, telecommunications, electric, gas, or other utility infrastructure project that is located off of a military installation and owned by a State or local government.
removed
“(5) The term rural area means a city, town, or unincorporated area that has a population of not more than 50,000 inhabitants.”
Sec. 2862 Strategic plan to improve capabilities of Department of Defense training ranges and installations
removed
removed
Plan required— The Secretary of Defense shall develop and implement a comprehensive strategic plan to identify and address deficits in the capabilities of Department of Defense training ranges to support current and anticipated readiness requirements to execute the National Defense Strategy (NDS).
removed
Evaluation— As part of the preparation of the strategic plan, the Secretary shall conduct an evaluation of the following:
removed
The adequacy of current training range resources to include the ability to train against near-peer or peer threats in a realistic 5th Generation environment.
removed
The adequacy of current training enablers to meet current and anticipated demands of the Armed Forces.
removed
Elements— The strategic plan shall include the following:
removed
An integrated priority list of location-specific proposals and/or infrastructure project priorities, with associated Department of Defense Form 1391 documentation, required to both address any limitations or constraints on current Department resources, including any climatically induced impacts or shortfalls, and achieve full spectrum training (integrating virtual and constructive entities into live training) against a more technologically advanced peer adversary.
removed
Goals and milestones for tracking actions under the plan and measuring progress in carrying out such actions.
removed
Projected funding requirements for implementing actions under the plan.
removed
Development and implementation— The Under Secretary of Defense for Acquisition and Sustainment, as the principal staff assistant to the Secretary on installation management, shall have lead responsibility for developing and overseeing implementation of the strategic plan and for coordination of the discharge of the plan by components of the Department.
removed
Report on implementation— Not later than April 1, 2020, the Secretary shall, through the Under Secretary of Defense for Acquisition and Sustainment, submit to Congress a report on the progress made in implementing this section, including the following:
removed
A description of the strategic plan.
removed
A description of the results of the evaluation conducted under subsection (b).
removed
Such recommendations as the Secretary considers appropriate with respect to improvements of the capabilities of training ranges and enablers.
removed
Progress reports— Not later than April 1, 2019, and annually thereafter for 3 years, the Secretary shall, through the Under Secretary, submit to Congress a report setting forth the following:
removed
A description of the progress made during the preceding fiscal year in implementing the strategic plan.
removed
A description of any additional actions taken, or to be taken, to address limitations and constraints on training ranges and enablers.
removed
Assessments of individual training ranges addressing the evaluation conducted under subsection (b).
removed
Additional report element— Each report under subsections (e) and (f) shall also include a list of significant modifications to training range inventory, such as range closures or expansions, during the preceding fiscal year, including any limitations or impacts due to climatic conditions.
Sec. 2863 Restrictions on use of funds for development of public infrastructure in Commonwealth of Northern Mariana Islands
removed
removed
Restriction— If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure in the Commonwealth of the Northern Mariana Islands (hereafter in this section referred to as the “Commonwealth”), the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding—
removed
is specifically authorized by law; and
removed
will be used to carry out a public infrastructure project included in the report submitted under subsection (b).
removed
Report of Economic Adjustment Committee—
removed
Convening of Committee— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, as the chair of the Economic Adjustment Committee established in Executive Order No. 127887 (10 U.S.C. 2391 note), shall convene the Economic Adjustment Committee to consider assistance, including assistance to support public infrastructure projects, necessary to support changes in Department of Defense activities in the Commonwealth.
removed
Report— Not later than 180 days after convening the Economic Adjustment Committee under paragraph (1), the Secretary shall submit to the congressional defense committees a report—
removed
describing the results of the Economic Adjustment Committee deliberations required by paragraph (1); and
removed
containing a description of any assistance the Committee determines to be necessary to support changes in Department of Defense activities in the Commonwealth, including any public infrastructure projects the Committee determines should be carried out with such assistance.
removed
Public infrastructure defined— In this section, the term “public infrastructure” means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.
Sec. 2864 Study and report on inclusion of Coleman Bridge, York River, Virginia, in Strategic Highway Network
removed
removed
Study— The Commander of the United States Transportation Command shall conduct a study of the feasibility and desirability of including the George P. Coleman Memorial Bridge on the York River, Virginia, and United States Route 17 in the Strategic Highway Network.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Commander shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).
Sec. 2865 Defense access roads relating to closures due to sea level fluctuation and flooding
removed
removed
Authority— Section 210(a)(1) of title 23, United States Code, is amended by striking “closures or restrictions” and inserting “closures, closures due to mean sea level fluctuation and flooding, or restrictions”.
removed
Use of funds— Section 210 of title 23, United States Code, is amended by adding at the end the following:
removed
“(i) Beginning in fiscal year 2019, funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to, and for any infrastructure to mitigate the risks posed to, highways by recurrent flooding and sea level fluctuation, if the Secretary of Defense shall determine that continued access to a military installation has been impacted by past flooding and mean sea level fluctuation.”
Sec. 2866 Authority to transfer funds for construction of Indian River Bridge
removed
removed
Notwithstanding the limitation in section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Administrator of the National Aeronautics and Space Administration up to 50 percent of the shared costs of constructing the Indian River Bridge. The authority under this section shall expire on October 1, 2022.
Sec. 2867 Plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery, Naval Air Station Pensacola
removed
removed
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery at Naval Air Station Pensacola.
Sec. 2905 Authorization of appropriations
changed
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602.7602.
Sec. 3101 National Nuclear Security Administration
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.division G.
Authorization of new plant projects— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:
Sec. 3102 Defense environmental cleanup
changed
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.division G.
Sec. 3103 Other defense activities
changed
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for other defense activities in carrying out programs as specified in the funding table in section 4701.division G.
Sec. 3104 Nuclear energy
changed
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for nuclear energy as specified in the funding table in section 4701.division G.
Sec. 3111 Security clearance for dual nationals employed by National Nuclear Security Agency
changed
Authorization—In general— The Secretary of Energy, acting through the Administrator for National Nuclear Security, may carry out Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3236 the engineering development phase, and any subsequent phase, to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles.following new section:
added “3237. Security clearance for dual nationals
added “(a) In general
added “(1) In the case of an individual described in paragraph (3), the Secretary of Energy shall develop a process to review foreign preference in accordance with the adjudicative guidelines issued pursuant to section 710.7 of title 10, Code of Federal Regulations, or such successor regulation, before approving a security clearance for such individual.
added “(2) The Secretary shall designate an official of the Administration to be responsible for adjudicating any derogatory information of an individual described in paragraph (3) concerning foreign preference that is discovered after the security clearance of the individual is approved.
added “(3) An individual described in this paragraph is an individual who is—
added “(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and
added “(B) an employee or contractor of the Administration who requires access to classified information.
added “(b) Waiver—In the case of an individual who is a national of the United States and also a national of a foreign state identified under section 1564b(b)(2) of title 10, United States Code, the Secretary may waive the requirement under subsection (a).”
changed
Modification of limitation on development—Clerical amendment— Section 3116(c) The table of contents at the National Defense Authorization beginning of such Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1746; 50 U.S.C. 2529 note) is amended by striking “specifically authorized by Congress” and inserting “the Secretary specifically requests funding for after the development of that weapon pursuant item relating to section 4209(a) of 3236 the Atomic Energy Defense Act (50 U.S.C. 2529(a))”.following new item:
added
Briefing—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on—
added
the process developed under paragraph (1) of section 3237(a) of the National Nuclear Security Administration Act, as added by subsection (a); and
added
the official designated under paragraph (2) of such section 3237(a).
removed
Requirement for authorization of appropriations— Section 4209(a)(1) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)) is amended—
changed
Appropriate congressional committees defined— by striking “the Secretary shall” and inserting In this subsection, the following: “the Secretary—term “appropriate congressional committees” means the following:
added
The Committees on Armed Services of the House of Representatives and the Senate.
added
The Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives.
added
The Committee on Energy and Natural Resources and the Select Committee on Intelligence of the Senate.
removed
“(A) shall”
removed
by striking the period at the end and inserting “; and”; and
removed
“(B) may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with section 660 of the Department of Energy Organization Act (42 U.S.C. 7270).”
Sec. 3112 Department of Energy counterintelligence polygraph program
Section 4504(b) of the Atomic Energy Defense Act (50 U.S.C. 2654(b)) is amended by adding at the end the following new paragraph:
changed
“(4) In the event of a counterintelligence investigation, the The regulations prescribed under paragraph (1) may shall ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—
“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and
“(B) an employee or contractor who requires access to classified information.”
Sec. 3113 Extension of enhanced procurement authority to manage supply chain risk
changed
In general—Extension— Section 3221 Subsection (g) of section 4806 of the National Nuclear Security Administration Atomic Energy Defense Act (50 U.S.C. 2411) 2786) is amended—amended to read as follows:
added “(g) Termination—The authority under this section shall terminate on June 30, 2023.”
removed
by redesignating subsection (h) as subsection (i);
removed
by inserting after subsection (g) the following new subsection:
removed
“(h) Rule of construction—Nothing in this section shall be construed to require duplicate reviews or cost estimates for major atomic energy defense acquisition programs by the Administration or other elements of the Department of Energy.”
removed
in subsection (i)(2), as redesignated by paragraph (1)—
removed
by striking “program.—” and all that follows through “, the term” and inserting “program.—The term”;
removed
by striking subparagraph (B); and
removed
by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the left.
changed
Effective date—Technical amendment— The amendments made by subsection (a) shall take effect on the date that Subsection (f)(5)(A) of such section is 18 months after the date amended by striking “section 3542(b) of the enactment title 44” and inserting “section 3552(b) of this Act.title 44”.
removed
Briefing— Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security and the Secretary of Energy shall jointly brief the congressional defense committees on a plan for implementing the amendments made by subsection (a)(3) in a manner that avoids duplication of reviews and cost estimates with respect to major atomic energy defense acquisition programs.
Sec. 3114 Low-yield nuclear weapons
added
Repeal of prohibition— Section 3116 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 2529 note) is amended by striking subsection (c).
removed
Section 3132(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) is amended—
changed
Authorization— by striking paragraph (5);The Secretary of Energy, acting through the Administrator for Nuclear Security, may carry out the engineering development phase, and any subsequent phase, to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles.
removed
by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; and
removed
in paragraph (6), as redesignated by paragraph (2), by striking “December 31, 2018” and inserting “December 31, 2023”.
Sec. 3115 Use of funds for construction and project support activities relating to MOX facility
changed
In general— Subtitle C of title XLIV of Except as provided by subsection (b), the Atomic Secretary of Energy Defense Act (50 U.S.C. 2621 et seq.) is amended shall carry out construction and project support activities relating to the MOX facility using funds authorized to be appropriated by adding at this Act or otherwise made available for fiscal year 2019 for the end National Nuclear Security Administration for the following new section:MOX facility.
removed
“4447. Notification regarding air release of radioactive or hazardous material
removed
“If the Secretary of Energy (or a designee of the Secretary) is notified of an improper release into the air of radioactive or hazardous material above applicable statutory or regulatory limits that resulted from waste generated by atomic energy defense activities at the Hanford Nuclear Reservation, Richland, Washington, the Secretary (or designee of the Secretary) shall—
removed
“(1) not later than two business days after being notified of the release, notify the congressional defense committees of the release; and
removed
“(2) not later than seven business days after being notified of the release, provide the congressional defense committees a briefing on the status of the release, including—
removed
“(A) the cause of the release, if known; and
removed
“(B) preliminary plans to address and remediate the release, including associated costs and timelines.”
changed
Clerical amendment—Waiver— The table of contents for Secretary may waive the Atomic Energy Defense Act is amended by inserting after requirement under subsection (a) if the item relating Secretary submits to the congressional defense committees the matters specified in section 4446 3121(b)(1) of the following new item:National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1892).
added
Definitions— In this section:
added
The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.
added
The term “project support activities” means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.
Sec. 3116 Prohibition on availability of funds for programs in Russian Federation
changed
Clarification of prohibition on delegation of authority relating to special nuclear material—Prohibition— Section 161 n. None of the Atomic Energy Act of 1954 (42 U.S.C. 2201(n)) is amended by striking “57 b.,” and inserting “57 b. (with respect funds authorized to enrichment and reprocessing of special nuclear material be appropriated by this Act or with respect to transfers otherwise made available for fiscal year 2019 for atomic energy defense activities may be obligated or expended to any covered foreign country (as defined in section 3136(i) of enter into a contract with, or otherwise provide assistance to, the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(i))),”.Russian Federation.
changed
Civil penalties—Waiver— Section 234 a. The Secretary of Energy, without delegation, may waive the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)) is amended—prohibition in subsection (a) only if—
changed
by striking “57,”; andthe Secretary determines, in writing, that a nuclear-related threat in the Russian Federation must be addressed urgently and it is necessary to waive the prohibition to address that threat;
changed
by striking “or (2)” the Secretary of State and inserting “(2) violates any provision the Secretary of section 57, or (3)”.Defense concur in the determination under paragraph (1);
added
the Secretary of Energy submits to the appropriate congressional committees a report containing—
added
a notification that the waiver is in the national security interest of the United States;
added
justification for the waiver, including the determination under paragraph (1); and
added
a description of the activities to be carried out pursuant to the waiver, including the expected cost and timeframe for such activities; and
added
a period of seven days elapses following the date on which the Secretary submits the report under paragraph (3).
changed
Report—Exception— Section 3136(e)(2) of The prohibition under subsection (a) and the National Defense Authorization Act requirements under subsection (b) to waive that prohibition shall not apply to an amount, not to exceed $3,000,000, that the Secretary may make available for Fiscal Year 2016 (42 U.S.C. 2077a(e)(2)) is amended—the Department of Energy Russian Health Studies Program.
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
added
The congressional defense committees.
added
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
removed
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
removed
by inserting after subparagraph (B) the following new subparagraph (C):
removed
“(C) for each such application, an identification of any officer to which the authorization under such section 57 b. was delegated pursuant to section 161 n. of that Act (42 U.S.C. 2201(n));”
Sec. 3117 Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched uranium
changed
Extension—Prohibition— Subsection (g) of section 4806 Except as provided by subsection (b), none of the Atomic funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Energy or the Department of Defense Act (50 U.S.C. 2786) is amended may be obligated or expended to read as follows:plan or carry out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.
removed
“(g) Termination—The authority under this section shall terminate on June 30, 2023.”
changed
Technical amendment—Exception— Subsection (f)(5)(A) of such In accordance with section is amended by striking “section 3542(b) 7319 of title 44” 10, United States Code, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for defense nuclear nonproliferation, as specified in the funding table in division G, $10,000,000 shall be made available to the Deputy Administrator for Naval Reactors of the National Nuclear Security Administration for low-enriched uranium activities (including downblending of high-enriched uranium fuel into low-enriched uranium fuel, research and inserting “section 3552(b) development using low-enriched uranium fuel, or the modification or procurement of title 44”.equipment and infrastructure related to such activities) to develop an advanced naval nuclear fuel system based on low-enriched uranium.
Sec. 3118 Limitation on availability of funds relating to submission of annual reports on unfunded priorities
changed
Section 4442(e) 4716 of the Atomic Energy Defense Act (50 U.S.C. 2622(e)) 2756) is amended by striking “2019” and inserting “2024”.amended—
added
by redesignating subsection (c) as subsection (d); and
added
by inserting after subsection (b) the following new subsection (c):
added “(c) Limitation—If the Administrator fails to submit to the congressional defense committees a report required by subsection (a) for any of fiscal years 2020 through 2024 that contains at least one unfunded priority by the deadline specified in such subsection, none of the funds authorized to be appropriated or otherwise made available for the fiscal year in which such failure occurs for travel and transportation of persons under the Federal salaries and expenses account of the Administration may be obligated or expended until the date on which the Administrator submits such report.”
Sec. 3119 Acceleration of replacement of cesium blood irradiation sources
changed
In general—Goal— Except as provided by subsection (b), The Administrator for Nuclear Security shall ensure that the Secretary goal of Energy shall carry out construction and project support activities relating to the MOX facility using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for covered programs is eliminating the National Nuclear Security Administration for use of blood irradiation devices in the MOX facility.United States that rely on cesium chloride by December 31, 2027.
changed
Waiver—Programs— The Secretary may waive To meet the requirement under goal specified by subsection (a) if the Secretary submits to (a), the congressional defense committees Administrator shall carry out the matters specified covered programs in section 3121(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1892).a manner that—
added
is voluntary for owners of blood irradiation devices;
added
allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;
added
allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and
added
replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.
added
Duration— The Administrator shall carry out the covered programs until December 31, 2027.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—
added
identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;
added
a plan for achieving the goal established by subsection (a);
added
a methodology for prioritizing replacement of such devices which takes into account irradiator age and prior material security initiatives;
added
in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices; and
added
identification of the annual funds required to meet the goal established by subsection (a).
added
Assessment— The Administrator shall submit and assessment to the appropriate congressional committees by September 20, 2023, the results of the actions on the covered programs, including—
added
the number of replacement irradiators under the covered programs;
added
the life-cycle costs of the program, including personnel training, maintenance, and replacement costs for new irradiation devices;
added
the cost-effectiveness of the covered programs;
added
an analysis of the effectiveness of the new irradiation devices technology; and
added
a forecast whether the Administrator will meet the goal established in subsection (a).
renumbered
was (4)
Definitions— In this section:
added
The term appropriate congressional committees means—
added
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and
added
the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.
added
The term covered programs means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:
added
The Cesium Irradiator Replacement Program.
added
The Offsite Source Recovery Program.
removed
MOX facility— The term MOX facility means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.
removed
Project support activities— The term project support activities means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.
Sec. 3120 Nuclear forensics analyses
changed
Statement of policy—Independent assessment— It is Not later than 30 days after the policy date of the United States that—enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall seek to enter into an agreement with the National Academy of Sciences for an independent assessment of nuclear forensic analyses conducted by the Federal Government.
added
Elements— The assessment conducted by the National Academy of Sciences shall, at minimum, include the following:
removed
Los Alamos National Laboratory, Los Alamos, New Mexico, is the Plutonium Science and Production Center of Excellence for the United States; and
removed
Los Alamos National Laboratory will produce a minimum of 30 pits per year for the national pit production mission and will implement surge efforts to exceed 30 pits per year to meet Nuclear Posture Review and national policy.
removed
Independent assessment of plutonium strategy—
removed
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator for Nuclear Security, shall seek to enter into a contract with a federally funded research and development center to conduct an assessment of the plutonium strategy of the National Nuclear Security Administration. The assessment shall include—
removed
an analysis of the engineering assessment and analysis of alternatives, including an analysis of each of the four major options contained within the engineering assessment;
removed
an assessment of the risks and benefits involved in each such option, including risks and benefits related to cost, schedule, licensing, labor availability, and workforce development, and effects on and from other programs;
removed
a description of the strategies considered by the National Nuclear Security Administration to reduce those risks; and
removed
an assessment of the strategy considered for manufacturing up to 80 pits per year at Los Alamos National Laboratory through the use of multiple labor shifts and additional equipment at PF–4 until modular facilities are completed to provide a long-term, single-labor shift capacity.
changed
Selection— The Secretary may not enter into the contract under paragraph (1) with An assessment of a federally funded research and development center for which the Department representative sample of Energy or nuclear forensic analyses from across the National Nuclear Security Administration is Federal departments and agencies, with particular emphasis on the primary sponsor.validity, quality, value, cost effectiveness, gaps, and timeliness of such analyses.
changed
Access to information— The federally funded research and development center with which An assessment of the Secretary enters into methodologies used by nuclear forensics analyses from across the contract under paragraph (1) shall have full Federal departments and direct access to all information related to pit production, agencies, including information of the National Nuclear Security Administration and its management and operating contractors.scientific rigor of such methodologies.
changed
Report required— Not later than April 1, 2019, the federally funded research and development center with which the Secretary enters into the contract under paragraph (1) shall submit to Recommendations for improving nuclear forensics analyses conducted by the Secretary, Federal Government, including any best practices or lessons learned that should be shared across the Administrator, Federal departments and the Nuclear Weapons Council established under section 179 of title 10, United States Code, a report containing the assessment required by paragraph (1).agencies.
added
Submission— Not later than one year after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate congressional committees a report containing the assessment of the National Academy of Sciences under subsection (a).
removed
Submission to Congress— Not later than April 15, 2019, the Secretary shall submit to the congressional defense committees the report required by paragraph (4), without change.
removed
Report on pit production at Los Alamos National Laboratory—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report containing—
removed
a detailed plan to produce 30 pits per year at Los Alamos National Laboratory by 2026, including—
removed
equipment and other construction already planned at the Chemistry and Metallurgy Research Replacement Facility;
removed
additional equipment or labor necessary to produce such pits; and
removed
effects on and from other ongoing programs at Los Alamos National Laboratory; and
removed
a detailed plan for designing and carrying out production of plutonium pits 31–80 at Los Alamos National Laboratory, in case the MOX facility is not operational and producing pits by 2030.
removed
Assessment— Not later than 120 days after the submission of the report required by paragraph (1), the Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall submit to the congressional defense committees an assessment of that report, including an assessment of the effect of increased ARIES activity in support of the dilute and dispose program on the plutonium pit production mission.
changed
Briefing—Briefing on senior-level involvement in exercises— Not later than March 1, 2019, 90 days after the Chairman date of the Nuclear Weapons Council and enactment of this Act, the Administrator President shall jointly provide to the appropriate congressional defense committees a briefing detailing the implementation plan for on the plutonium strategy involvement of the National Nuclear Security Administration, including milestones, accountable personnel for such milestones, senior-level executive branch leadership in recent and mechanisms for ensuring transparency into the progress of such strategy for the Department planned nuclear terrorism preparedness or response exercises, or any other exercise that have nuclear forensic analysis as a component of Defense and the congressional defense committees.exercise.
changed
Annual certification—Appropriate congressional committees defined— Not later than April 1, 2019, and each year thereafter through 2025, the Chairman shall submit to the Secretary, the Administrator, and In this section, the term “appropriate congressional defense committees a written certification that the plutonium pit production plan of the National Nuclear Security Administration is on track to meet—committees” means—
changed
the military requirement of 80 pits per year by 2030, or such other military requirement as determined by the Secretary;congressional defense committees; and
changed
the statutory requirements for pit production timelines under section 4219 Committee on Homeland Security of the Atomic Energy Defense Act (50 U.S.C. 2538a); andHouse of Representatives and the Committee on Homeland Security and Government Affairs of the Senate.
removed
all milestones and deliverables described in the plans required by subsection (c)(1).
removed
Failure to certify—
removed
NWC notification— If in any year the Chairman is unable to submit the certification under subsection (e), the Chairman shall submit to the congressional defense committees, the Secretary, and the Administrator written notification describing why the Chairman is unable to make such certification.
removed
NNSA response— Not later than 180 days after the date on which the Chairman makes a notification under paragraph (1), the Administrator shall submit to the congressional defense committees, the Secretary, and the Chairman a report that—
removed
addresses the reasons identified in the notification with respect to the failure to make the certification under subsection (e); and
removed
includes presentation of either a concurrent backup plan or a recovery plan, and the associated implementation schedules for such plan.
removed
Definitions— In this section:
removed
ARIES— The term ARIES means the Advanced Recovery and Integrated Extraction System method, developed and piloted at Los Alamos National Laboratory, Los Alamos, New Mexico, for disassembling surplus defense plutonium pits and converting the plutonium from such pits into plutonium oxide.
removed
Dilute and dispose approach— The term dilute and dispose approach means a method of blending plutonium oxide made from surplus defense plutonium with an inert mixture, then packaging and indefinitely disposing of the combined material in a geologic repository.
removed
MOX facility— The term MOX facility means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.
Sec. 3120A Independent assessment of plutonium strategy
added
added
Statement of policy— It is the policy of the United States that—
added
Los Alamos National Laboratory is the Plutonium Science and Production Center of Excellence for the United States; and
added
Los Alamos National Laboratory will produce a minimum of 30 pits per year for the national pit production mission and will implement surge efforts to exceed 30 pits per year to meet Nuclear Posture Review and national policy.
added
Independent assessment—
added
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct an assessment of the plutonium strategy of the National Nuclear Security Administration. The assessment shall include—
added
an analysis of the engineering assessment and an analysis of alternatives;
added
an assessment of the science and strategy of retrofitting the facility for plutonium production, including the cost, schedule, and feasibility of licensing; and
added
an assessment of the strategy considered for manufacturing up to 80 pits per year at Los Alamos through the use of multiple labor shifts and additional equipment at PF-4 until modular facilities are completed to provide a long-term, single-labor shift capacity.
added
Selection— The Secretary may not enter into the contract under paragraph (1) with a federally funded research and development center for which the Department of Energy or the National Nuclear Security Administration is the primary sponsor.
added
Submission— Not later than April 1, 2019, the federally funded research and development center shall submit to the Secretary of Defense, the Administrator for Nuclear Security, and the Nuclear Weapons Council a report containing the assessment conducted under paragraph (1).
added
Submission to Congress— Not later than April 15, 2019, the Administrator shall submit to the congressional defense committees the report under paragraph (3), without change.
added
Report on pit production— Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a report on the plan for producing plutonium pits 31–80 at Los Alamos, in case the MOX facility is not operational and producing pits by 2030.
added
Capital development— The Secretary of Energy shall complete—
added
by December 2020 a plan, including cost and impact to on-going activities and operations, to reach 30 pits per year at Los Alamos National Laboratory; and
added
by September 2020 an updated CD-0 (Statement of Mission Need) on the final plan for the national pit production.
added
Briefing— Not later than March 1, 2019, the Chairman of the Nuclear Weapons Council and the Administrator for Nuclear Security shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing detailing the implementation plan for the plutonium strategy of the National Nuclear Security Administration, including milestones, accountable personnel for such milestones, and mechanisms for ensuring transparency into the progress of such strategy for the Department of Defense and the congressional defense committees.
added
Annual certification— Not later than April 1, 2019, and each year thereafter through 2025, the Chairman of the Nuclear Weapons Council shall submit to the Secretary of Defense, the Administrator for Nuclear Security, and the congressional defense committees a written certification that the plutonium pit production plan of the National Nuclear Security Administration is on track to meet—
added
the military requirement of 80 pits per year by 2030;
added
the statutory requirements for pit production timelines under section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a); and
added
all milestones and deliverables described in the plan under subsection (e).
added
Failure to certify—
added
NWC notification— If in any year the Chairman is unable to submit the certification under subsection (f), the Chairman shall submit to the congressional defense committees, the Secretary of Defense, and the Administrator written notification describing why the Chairman is unable to make such certification.
added
NNSA Response— Not later than 180 days after the date on which the Chairman makes a notification under paragraph (1), the Administrator shall submit to the congressional defense committees, the Secretary, and the Chairman a report that—
added
addresses the reasons identified in the notification with respect to the failure to make the certification under subsection (f); and
added
includes presentation of either a concurrent backup plan or a recovery plan, and the associated implementation schedules for such plan.
Sec. 3120B Hanford waste tank cleanup program
addedadded Section 4442(e) of the Atomic Energy Defense Act (50 U.S.C. 2622(e)) is amended by striking “2019” and inserting “2024”.
Sec. 3120C Manufacturing Trades Education Grant Program
added
added
Establishment of manufacturing trades education program—
added
The Secretary of Energy, in consultation with the Secretary of Labor, may establish a program, to be known as the “DOE Manufacturing Trades Grant Program Act”, under which the Secretary of Energy provides eligible entities described in paragraph (2), on a competitive basis, grants for technical skills-based training programs, including apprenticeship and pre-apprenticeship programs, that provide recognized post-secondary credentials during the 5-year grant period of 2019 through 2024 to support—
added
the enhancement of existing programs in manufacturing trades education to further the missions of the Department Of Energy national security laboratories and the NNSA Production Sites; or
added
the establishment of new programs in manufacturing trades education that meet such requirements.
added
Grants and awards under this section may be made to industry, not-for-profit institutions, institutions of higher education, workforce intermediaries, or to consortia of such institutions or industry.
added
If the Secretary establishes the program, the Secretary shall establish the program in consultation with the Secretary of Labor, Secretary of Education, the Director of the Office of Science and Technology Policy, and the heads of such other relevant Federal agencies as the Secretary of Energy considers appropriate.
added
If the Secretary establishes the program, the Secretary shall ensure that the program is coordinated with Department programs associated with advanced manufacturing activities for missions within the Department Of Energy National Security Laboratories and the NNSA Production Sites.
added
Geographical distribution of grants and awards— In awarding grants and other awards under this section, the Secretary shall, to the maximum extent practicable, avoid geographical and Departmental concentration of awards.
added
Covered programs— A program of manufacturing trades education supported pursuant to this section shall meet the requirements of this section.
added
Components of program— The program of education for which such a grant is made shall be a consolidated and integrated multidisciplinary program of education with an emphasis on the following components:
added
Multidisciplinary instruction that encompasses the total manufacturing engineering enterprise and that may include—
added
manufacturing trades education and training through classroom activities, laboratory, or employer site activities (or a combination thereof), on the job training activities, participation in employer site projects, sponsored pre-apprenticeship or apprenticeship programs, cooperative work-study programs, and interactions with other industrial facilities, consortia, or such other activities and organizations in the United States and foreign countries as the Secretary considers appropriate;
added
Subject Matter Expert development programs;
added
recruitment of experienced and licensed professionals that are highly qualified in relevant manufacturing trades to teach or develop manufacturing trade courses and program content;
added
presentation of seminars, workshops, and training for the development of specific manufacturing trades skills;
added
activities involving interaction between students and industry, including programs for visiting experts from industry or other sites or industry and personnel exchanges between Department Of Energy National Security Laboratories and the NNSA Production Sites;
added
development of new, or updating and modification of existing, manufacturing trades curriculum, course offerings, and education programs;
added
establishment of programs in manufacturing workforce training that are specific to the unique skills and requirements needed at the Department Of Energy National Security Laboratories and the NNSA Production Sites;
added
establishment of joint manufacturing trades education programs with defense laboratories and, depots, national security laboratories, and NNSA production sites; and
added
expansion of manufacturing trades training and education programs and outreach for members of the armed forces, dependents and children of such members, veterans, and employees of the Department of Defense, National Security Laboratories, and NNSA production sites.
added
Opportunities for students to obtain work experience in manufacturing through such activities as apprenticeship/pre-apprenticeship programs, internships, summer job placements, or cooperative work-study programs.
added
Faculty and student engagement with industry that is directly related to, and supportive of, the education of students in the manufacturing trades because of—
added
the increased understanding of manufacturing challenges and potential solutions; and
added
the enhanced quality and effectiveness of the instruction that result from that increased understanding.
added
Proposals— If the Secretary establishes the program, the Secretary shall solicit proposals for grants and other awards to be made pursuant to this section for the support of programs of manufacturing trades education that are consistent with the purposes of this section.
added
Merit competition— Applications for awards shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary.
added
Selection criteria— The Secretary may select a proposal for an award pursuant to this section if the proposal, at a minimum, does each of the following:
added
Provides students access to registered apprenticeship or pre-apprenticeship programs for improving trades education in manufacturing technology.
added
Contains innovative approaches for improving trades education in manufacturing technology.
added
Demonstrates a strong commitment by the proponents to apply the resources necessary to achieve the objectives for which the award is to be made.
added
Provides for effective engagement with industry or government organizations that supports the instruction to be provided in the proposed program and is likely to improve manufacturing capability and technology.
added
Demonstrates a significant level of involvement of United States industry in the proposed instructional and research activities.
added
Is likely to attract regional students that will provide long careers to the Department Of Energy National Security Laboratories and the NNSA Production Sites and promote careers in manufacturing trades at these locations.
added
Proposes to involve fully qualified personnel and employer site subject matter experts who are experienced in manufacturing engineering education and technology.
added
Proposes a program that, within 3 years after the award is made, is likely to attract from sources other than the Federal Government the financial and other support necessary to sustain such program.
added
Proposes to achieve a significant level of participation by women, members of minority groups, young adults in the age range of 17 to 29, and individuals with disabilities through active recruitment of students from among such persons.
added
Trains students in advanced manufacturing trades and in relevant emerging technologies and production processes.
added
Institution of higher education defined— In this section the term “institution of higher education” has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Sec. 3121 Notification regarding release of contamination at Hanford site
changed
In general— The Secretary of Energy shall establish a pilot program to assess the feasibility and advisability Subtitle C of conducting background reviews required by section 4502(a) title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) within 2621 et seq.) is amended by adding at the Department of Energy.end the following new section:
added “4447. Notification regarding release of contamination
added “If the Assistant Secretary of Energy for Environmental Management detects an improper release of contamination resulting from defense waste at the Hanford Nuclear Reservation, Richland, Washington, the Assistant Secretary shall—
added “(1) not later than two days after the date of such detection, notify the congressional defense committees of such release of contamination; and
added “(2) not later than seven days after the date of such detection, provide the congressional defense committees a briefing on the status of such release of contamination, including—
added “(A) the cause of the release, if known; and
added “(B) plans to address and remediate the release, including associated costs and timelines.”
changed
Requirements—Clerical amendment— Under the pilot program established under subsection (a), the Secretary may admit an individual described in section 4502(a) The table of contents at the Atomic Energy Defense beginning of such Act (50 U.S.C. 2652(a)) is amended by inserting after the item relating to a facility of a national security laboratory described in that section if, in addition to 4446 the conduct of a background review under subsection (a) with respect to that individual—following new item:
removed
the Secretary determines that the admission of that individual to that facility is in the national interest and will further science, technology, and engineering capabilities in support of the mission of the Department of Energy; and
removed
a security plan is developed and implemented to mitigate the risks associated with the admission of that individual to that facility.
removed
Roles of Secretary and Director of National Intelligence and Director of Federal Bureau of Investigation—
removed
Role of Secretary— Under the pilot program under subsection (a), the Secretary shall conduct background reviews for all individuals described in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) seeking admission to facilities of national security laboratories described in that section. Such reviews by the Secretary shall be conducted independent of and in addition to background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under that section.
removed
Roles of Director of National Intelligence and Director of Federal Bureau of Investigation— Notwithstanding paragraph (1), during the period during which the pilot program established under subsection (a) is being carried out, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall retain primary responsibility for the conduct of all background reviews required by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)).
removed
Termination— The pilot program established under subsection (a) shall terminate on the date that is two years after the date of the enactment of this Act.
removed
Report required— Not later than 90 days after the date on which the pilot program established under subsection (a) terminates under subsection (d), the Secretary of Energy, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report on the conduct of background reviews under the pilot program that includes—
removed
a comparison of the effectiveness of and timelines required for background reviews conducted by the Secretary under the pilot program and background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)); and
removed
the number of such reviews conducted for individuals who are citizens or agents of each country on the sensitive countries list referred to in that section.
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term appropriate congressional committees means—
removed
the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
removed
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
removed
National security laboratory— The term national security laboratory has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
Sec. 3122 Sense of Congress regarding uranium mining and nuclear testing
added It is the sense of Congress that the United States should compensate and recognize all of the miners, workers, downwinders, and others suffering from the effects of uranium mining and nuclear testing carried out during the Cold War.
removed
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for atomic energy defense activities may be obligated or expended to enter into a contract with, or otherwise provide assistance to, the Russian Federation.
removed
Waiver— The Secretary of Energy, without delegation, may waive the prohibition in subsection (a) only if—
removed
the Secretary determines, in writing, that a nuclear-related threat in the Russian Federation must be addressed urgently and it is necessary to waive the prohibition to address that threat;
removed
the Secretary of State and the Secretary of Defense concur in the determination under paragraph (1);
removed
the Secretary of Energy submits to the appropriate congressional committees a report containing—
removed
a notification that the waiver is in the national security interest of the United States;
removed
justification for the waiver, including the determination under paragraph (1); and
removed
a description of the activities to be carried out pursuant to the waiver, including the expected cost and timeframe for such activities; and
removed
a period of seven days elapses following the date on which the Secretary submits the report under paragraph (3).
removed
Exception— The prohibition under subsection (a) and the requirements under subsection (b) to waive that prohibition shall not apply to an amount, not to exceed $3,000,000, that the Secretary may make available for the Department of Energy Russian Health Studies Program.
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means the following:
removed
The congressional defense committees.
removed
The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 3123 Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched uranium
removed
removed
Prohibition— Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Energy or the Department of Defense may be obligated or expended to plan or carry out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.
removed
Exception— In accordance with section 7319 of title 10, United States Code, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for defense nuclear nonproliferation, as specified in the funding table in section 4701, $10,000,000 shall be made available to the Deputy Administrator for Naval Reactors of the National Nuclear Security Administration for low-enriched uranium activities (including downblending of high-enriched uranium fuel into low-enriched uranium fuel, research and development using low-enriched uranium fuel, or the modification or procurement of equipment and infrastructure related to such activities) to develop an advanced naval nuclear fuel system based on low-enriched uranium.
Sec. 3124 Limitation on availability of funds relating to submission of annual reports on unfunded priorities
removed
removed
Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is amended—
removed
by redesignating subsection (c) as subsection (d); and
removed
by inserting after subsection (b) the following new subsection (c):
removed
“(c) Limitation—If the Administrator fails to submit to the congressional defense committees a report required by subsection (a) for any of fiscal years 2020 through 2024 that includes the matters specified in subsection (b)(1) for at least one unfunded priority by the deadline specified in subsection (a), not more than 65 percent of the funds authorized to be appropriated or otherwise made available for the fiscal year in which such failure occurs for travel and transportation of persons under the Federal salaries and expenses account of the Administration may be obligated or expended until the date on which the Administrator submits such report.”
Sec. 3131 Inclusion of capital assets acquisition projects in activities by Director for Cost Estimating and Program Evaluation
added Section 3221(h)(2) of the National Nuclear Security Administration Act (50 U.S.C. 2411(h)(2)) is amended—
removed
In general— Subtitle A of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end the following new section:
removed
“4807. Cost-benefit analyses for competition of management and operating contracts
removed
“(a) Briefings on requests for proposals—Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.
removed
“(b) Reports after transition to new contracts—If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.
removed
“(c) Matters described—The matters described in this subsection, with respect to a contract, are the following:
removed
“(1) A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.
removed
“(2) A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.
removed
“(3) The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.
removed
“(4) A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract.
removed
“(5) A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition.
removed
“(6) How the competition for the contract complied with the Federal Acquisition Regulation regarding federally funded research and development centers, if applicable.
removed
“(7) The factors considered and processes used by the Administrator to determine—
removed
“(A) whether to compete or extend the previous contract; and
removed
“(B) which activities at the facility should be covered under the contract rather than under a different contract.
removed
“(8) With respect to the matters included under paragraphs (1) through (7), a detailed description of the analyses conducted by the Administrator to reach the conclusions presented in the report, including any assumptions, limitations, and uncertainties relating to such conclusions.
removed
“(9) Any other matters the Administrator considers appropriate.
removed
“(d) Information quality—Each briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with—
removed
“(1) the information quality guidelines of the Department of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and
removed
“(2) best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.
removed
“(e) Review of reports by Comptroller General of the United States
removed
“(1) Initial review—The Comptroller General of the United States shall provide a briefing to the congressional defense committees that includes a review of each report required by subsection (b) not later than 180 days after the report is submitted to such committees.
removed
“(2) Comprehensive review
removed
“(A) Determination—The Comptroller General shall determine, in consultation with the congressional defense committees, whether to conduct a comprehensive review of a report required by subsection (b).
removed
“(B) Submission—The Comptroller General shall submit a comprehensive review conducted under subparagraph (A) of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to such committees.
removed
“(C) Elements—A comprehensive review conducted under subparagraph (A) of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:
removed
“(i) The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.
removed
“(ii) Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4).
removed
“(iii) Whether expected benefits of the competition with respect to mission performance or operations have been achieved.
removed
“(iv) Such other matters as the Comptroller General considers appropriate.
removed
“(f) Applicability
removed
“(1) In general—The requirements for briefings under subsection (a) and reports under subsection (b) shall apply with respect to requests for proposals issued or contracts awarded, as applicable, by the Administrator during fiscal years 2019 through 2022.
removed
“(2) Naval reactors—The requirements for briefings under subsection (a) and reports under subsection (b) shall not apply with respect to a management and operations contract for a Naval Reactor facility.”
changed
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4806 striking “Program.—” and all that follows through “, the following new item:term” and inserting “Program.—The term”;
changed
Termination of superseded provision— Section 3121(e)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2175), as most recently amended by section 3135 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1207), is further amended by striking “2020” and inserting “2018”.subparagraph (B); and
added
by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively.
Sec. 3132 Whistleblower protections
changed
Independent assessment—Findings— Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall seek to enter into an agreement with the National Academy of Sciences for an independent assessment of nuclear forensic analyses conducted by Congress finds the Federal Government.following:
added
The Department of Energy and its contractors rely to a significant extent on workers to bring attention to important nuclear safety concerns.
added
The Department of Energy, including the National Nuclear Security Administration, have a strong interest in preventing whistleblower retaliation and in ensuring the work environment is conducive to employees raising concerns.
added
Retaliation against whistleblowers can lead to a chilled work environment in which employees do not feel free to raise important safety concerns.
added
The Comptroller General of the United States found in a 2016 report titled “Whistleblower Protections Need Strengthening” that the Department of Energy had infrequently used its enforcement authority to hold contractors accountable for unlawful retaliation, issuing only two violation notices in the past 20 years.
added
The Comptroller General also found that the Department had taken limited or no action to hold contractors accountable for creating a chilled work environment.
changed
Elements—Sense of Congress— The assessment conducted by It is the National Academy sense of Sciences under subsection (a) shall, at minimum, include the following:Congress that—
changed
An assessment of a representative sample of raising nuclear forensic analyses from across the Federal departments safety concerns is important for avoiding potentially catastrophic incidents or harm to workers and agencies, with particular emphasis on the validity, quality, value, cost effectiveness, gaps, and timeliness of such analyses.public;
changed
An assessment of the methodologies used by nuclear forensics analyses from across the Federal departments and agencies, including the scientific rigor Department of such methodologies.Energy should protect whistleblowers and take action against contractors and subcontractors that retaliate against whistleblowers; and
changed
Recommendations for improving nuclear forensics analyses conducted by the Federal Government, including any best practices such action sends a strong signal to prevent or lessons learned that should be shared across the Federal departments and agencies.limit retaliation against whistleblowers.
changed
Submission—Civil penalties— Not later than one year after The Secretary of Energy, including by acting through the date Administrator for Nuclear Security as appropriate, shall impose civil penalties under section 234 a. of the enactment Atomic Energy Act of this Act, 1954 (42 U.S.C. 2282(a)), as the Secretary of Energy shall submit to or the appropriate congressional committees a report containing Administrator determines appropriate, on contractors, subcontractors, and suppliers for violations of the assessment rules, regulations, or orders of the National Academy Department of Sciences under subsection (a).Energy relating to nuclear safety and radiation protection.
changed
Briefing on senior-level involvement in exercises—Chilled work environment— Not later than 90 120 days after the date of the enactment of this Act, the President Secretary shall provide clearly define what constitutes evidence of a chilled work environment with respect to employees and contractors of the appropriate congressional committees Department making a briefing on the involvement whistleblower complaint under section 4602 of senior-level executive branch leadership in recent and planned nuclear terrorism preparedness the Atomic Energy Defense Act (50 U.S.C. 2702), or response exercises and any other exercises law that have nuclear forensic analysis may provide protection for disclosures of information by such employees or contractors, without fear of being discharged, demoted, or otherwise discriminated against as a component of the exercises.reprisal.
added
Notification—
added
In general— Not later than February 1, 2019, and each year thereafter through 2021, the Secretary of Energy shall submit to the appropriate congressional committees an annual notification on whether any penalties were imposed pursuant to subsection (c), including a description of such penalties and the entities against which the penalties were imposed.
added
Appropriate congressional committees— In this subsection, the term “appropriate congressional committees” means—
removed
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
renumbered
was (6)(3)
the congressional defense committees; and
added
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
removed
the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
Sec. 3133 Review of defense environmental cleanup activities
removed
removed
In general— The Secretary of Energy shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a review of the defense environmental cleanup activities of the Office of Environmental Management of the Department of Energy.
removed
Elements— The review conducted under subsection (a) shall include—
removed
an assessment of—
removed
project management practices with respect to the activities described in subsection (a);
removed
the outcomes of such activities; and
removed
the appropriateness of the level of engagement and oversight of the Office of Environmental Management with respect to such activities; and
removed
recommendations with respect to actions to enhance the effectiveness and efficiency of such activities.
Sec. 3134 Whistleblower protections
removed
removed
Sense of congress— It is the sense of Congress that—
removed
raising nuclear safety concerns is important for avoiding potentially catastrophic incidents or harm to workers and the public;
removed
the Department of Energy should protect whistleblowers and take action against contractors and subcontractors that retaliate against whistleblowers;
removed
such action sends a strong signal to prevent or limit retaliation against whistleblowers; and
removed
the Secretary of Energy, acting through the Administrator for Nuclear Security as appropriate, should impose civil penalties under section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) on contractors, subcontractors, and suppliers for violations of the rules, regulations, or orders of the Department of Energy relating to nuclear safety and radiation protection.
removed
Report required—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator, shall submit to the appropriate congressional committees a report on how the Secretary would define a chilled work environment with respect to employees and contractors of the Department making a whistleblower complaint under section 4602 of the Atomic Energy Defense Act (50 U.S.C. 2702) or any provision of other law that may provide protection for disclosures of information by such employees or contractors.
removed
Elements— The report required by paragraph (1) shall include—
removed
a description of what constitutes evidence of a chilled work environment referred to in that paragraph;
removed
a description of relevant regulations enacted by the Secretary to enforce section 4602 of the Atomic Energy Defense Act (50 U.S.C. 2702); and
removed
an assessment of whether the Secretary has existing authority, or would need new authority, to enforce such section 4602 or any other relevant provision of law.
removed
Notification— Not later than February 1, 2019, and annually thereafter through 2021, the Secretary shall submit to the appropriate congressional committees a notification of whether any penalties were imposed pursuant to section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) during the year preceding the submission of the report, including a description of such penalties and the entities against which the penalties were imposed.
removed
Appropriate congressional committees— In this section, the term appropriate congressional committees means—
removed
the congressional defense committees; and
removed
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Sec. 3135 Implementation of Nuclear Posture Review by National Nuclear Security Administration
removed
removed
Report required— Not later than December 1, 2018, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the implementation of the 2018 Nuclear Posture Review by the National Nuclear Security Administration.
removed
Elements— The report required by subsection (a) shall include the following:
removed
A list of specific actions associated with implementation of the policies set forth in the 2018 Nuclear Posture Review applicable to the National Nuclear Security Administration.
removed
For each such action—
removed
an identification of the office within the Administration with responsibility for the action; and
removed
key milestones for the action.
removed
A discussion of any challenges to successfully implementing such actions.
removed
A description of the process established for monitoring the implementation of such actions.
removed
A description of policy decisions by the Administrator that are necessary to complete the implementation of such actions.
removed
A description of the estimated costs for such actions, if—
removed
information on such costs is available; and
removed
such costs are estimated to be significantly different from the costs for actions by the Administration associated with the implementation of policies set forth in previous Nuclear Posture Reviews.
Sec. 3136 Survey of workforce of national security laboratories and nuclear weapons production facilities
removed
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report that includes—
removed
a detailed proposal for a survey of the workforce of the national security laboratories and nuclear weapons production facilities that is modeled on the Federal Employee Viewpoint Survey of the Office of Personnel Management;
removed
the determination of the Administrator with respect to whether to implement the survey;
removed
the views of the Administrator regarding the value, efficiency, and effectiveness of the survey as compared to other means for acquiring information of the type collected using the survey; and
removed
if the Administrator determines not to implement the survey, a description of the reasons for that determination.
removed
Implementation factors— The report required by subsection (a) shall address factors associated with implementation of the survey described in that subsection, including—
removed
the costs of designing the survey;
removed
the time required for and the costs of administering the survey and analyzing the data from the survey;
removed
the periodicity of administering the survey to ascertain trends; and
removed
any other matters the Administrator considers appropriate.
removed
Definitions— In this section, the terms national security laboratory and nuclear weapons production facility have the meanings given those terms in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
Sec. 3137 Elimination of certain reports
removed
removed
Report of owner's agent on Hanford Waste Treatment and Immobilization Plant contract— Section 4446 of the Atomic Energy Defense Act (50 U.S.C. 2626) is amended—
removed
by striking subsection (d); and
removed
by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
removed
Annual certification of shipments to Waste Isolation Pilot Plant— Section 3115(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2759) is amended, in the matter preceding paragraph (1), by striking “five-year period” and inserting “three-year period”.
Sec. 3141 Acceleration of replacement of cesium blood irradiation sources
removed
removed
Goal— The Administrator for Nuclear Security shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.
removed
Implementation— To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—
removed
is voluntary for owners of blood irradiation devices;
removed
allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;
removed
allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and
removed
replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.
removed
Duration— The Administrator shall carry out the covered programs until December 31, 2027.
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—
removed
identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;
removed
a plan for achieving the goal established by subsection (a);
removed
a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;
removed
in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;
removed
identification of the annual funds required to meet the goal established by subsection (a); and
removed
a description of the disposal path for cesium chloride sources under the covered programs.
removed
Assessment— The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—
removed
the number of replacement irradiators under the covered programs;
removed
the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;
removed
the cost-effectiveness of the covered programs;
removed
an analysis of the effectiveness of the new irradiation devices' technology; and
removed
a forecast of whether the Administrator will meet the goal established in subsection (a).
removed
Definitions— In this section:
removed
Appropriate congressional committees— The term appropriate congressional committees means—
removed
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and
removed
the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.
removed
Covered programs— The term covered programs means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:
removed
The Cesium Irradiator Replacement Program.
removed
The Off-Site Source Recovery Program.
Sec. 3142 Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing
removed
removed
Findings— Congress makes the following findings:
removed
The Radiation Exposure Compensation Act (42 U.S.C. 2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War.
removed
The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) formally acknowledged the dangers to which some employees of sites of the Department of Energy and its vendors during the Cold War were exposed. That Act also acknowledged that, although establishing the link between occupational hazards and specific diseases can be difficult, scientific evidence exists to support the conclusion that some activities related to Cold War nuclear weapons production have resulted in increased risk of illness and death to workers. That Act established a formal process for the submission of claims for medical expenses and lump sum compensation for former employees and contractors and survivors of those former employees and contractors.
removed
As of the date of the enactment of this Act, more than 150,231 claims have been paid out under the Radiation Exposure Compensation Act and the Energy Employees Occupational Illness Compensation Program Act of 2000, for a total of at least $17,400,000,000 in lump sum compensation and medical expenses.
removed
Sense of Congress— It is the sense of Congress that the United States Government should appropriately compensate and recognize the employees, contractors, and other individuals described in subsection (a).
Sec. 3402 Exclusion of certain payments from calculation for fiscal year 2019 PILT payments
added
added
Definitions— In this section:
added
Covered payment— The term covered payment means a payment to a unit of general local government for fiscal year 2018 from amounts deposited in the Treasury during the period of time beginning on November 18, 1997, and ending on August 7, 2008, from a lease issued under section 7439(b)(1) of title 10, United States Code, and distributed to the unit of general local government in accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.).
added
Payment law— The term payment law has the meaning given the term in section 6903(a)(1) of title 31, United States Code.
added
Unit of general local government— The term unit of general local government has the meaning given the term in section 6901 of title 31, United States Code.
added
Calculation of pilt payment amount— Notwithstanding any other provision of law, in calculating the amount of a payment to be made to a unit of general local government for fiscal year 2019 under chapter 69 of title 31, United States Code, the Secretary of the Interior shall not consider a covered payment to be an amount received by the unit of general local government in the prior fiscal year under a payment law for purposes of section 6903(b)(1)(A) of that title.
Sec. 3501 Authorization of the Maritime Administration
added There are authorized to be appropriated to the Department of Transportation for fiscal year 2019, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts:
removed
In general— There are authorized to be appropriated to the Department of Transportation for fiscal year 2019, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts:
renumbered
was (2)(3)
For expenses necessary for operations of the United States Merchant Marine Academy, $74,593,000, of which—
renumbered
was (2)(3)(2)
$70,593,000 shall be for Academy operations; and
renumbered
was (2)(3)(3)
$4,000,000 shall remain available until expended for capital asset management at the Academy.
added
For expenses necessary to support the State maritime academies, $24,400,000, of which—
added
$2,400,000 shall remain available until September 30, 2019, for the Student Incentive Program; and
added
$22,000,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels.
added
For expenses necessary to support the National Security Multi-Mission Vessel Program, $350,000,000, which shall remain available until expended.
added
For expenses necessary to support Maritime Administration operations and programs, $53,435,000.
added
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $30,000,000, which shall remain available until expended.
removed
For expenses necessary to support the State maritime academies, $32,200,000, of which—
removed
$2,400,000 shall remain available until September 30, 2019, for the Student Incentive Program;
removed
$6,000,000 shall remain available until expended for direct payments to such academies;
removed
$22,000,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels; and
removed
$1,800,000 shall remain available until expended for training ship fuel assistance.
removed
For expenses necessary to support the National Security Multi-Mission Vessel Program, $300,000,000, which shall remain available until expended.
removed
For expenses necessary to support Maritime Administration operations and programs, $60,442,000, of which $5,000,000 shall remain available until expended for port infrastructure development under section 50302 of title 46, United States Code.
removed
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $5,000,000, which shall remain available until expended.
renumbered
was (2)(8)
For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $300,000,000.
renumbered
was (2)(9)
For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—
renumbered
was (2)(9)(2)
$30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and
renumbered
was (2)(9)(3)
$3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
added
For expenses necessary to provide small shipyards and maritime communities grants under section 54101 of title 46, United States Code, $35,000,000.
removed
For expenses necessary to provide assistance to small shipyards and for maritime training programs under section 54101 of title 46, United States Code, $35,000,000.
removed
Capital asset management program report— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of unexpended appropriations for capital asset management at the United States Merchant Marine Academy, and the plan for expending such appropriations.
Sec. 3505 Use of State maritime academy training vessels
added
In general— Section 51504(g) of title 46, United States Code, is amended to read as follows:
added “(g) Training vessel capacity sharing
added “(1) In general—The Secretary, acting through the Maritime Administrator and in consultation with the State maritime academies, implement a program under which State maritime academies shall share among such academies training vessel capacity provided by the Secretary as necessary to ensure that training needs for the purpose of training licensed mariners of each academy are met in periods of limited vessel capacity that could affect required licensed mariner training as determined by the Maritime Administrator.
added “(2) Program requirements—The program shall include—
added “(A) ways to maximize the underway training capacity for licensed mariners available in the fleet of training vessels;
added “(B) coordinating the dates and duration of training cruises with the academic calendars of State maritime academies, and
added “(C) identifying ways to minimize costs associated with training voyages for both the Maritime Administration and the State maritime academies.
added “(3) Additional funding—Subject to the availability of appropriations, the Maritime Administrator may provide additional funding the State maritime academies during periods of limited training vessel capacity, for costs associated with training vessel sharing.
added “(4) Evaluation and modification—Not later than 30 days after the beginning of each fiscal year and as the Maritime Administrator determines necessary in the State maritime academy training year, the Secretary, acting through the Maritime Administrator, shall—
added “(A) evaluate the program under this subsection to determine the optimal utilization of State maritime academy training vessels for the purpose described in paragraph (1); and
added “(B) modify the program as necessary to improve such utilization.”
added
Deadline— The Secretary of Transportation shall begin implementing the program required by the amendment made by subsection (a) by not later than 180 days after the date of the enactment of this Act.
removed
Section 51504(g) of title 46, United States Code, is amended to read as follows:
removed
“(g) Vessel sharing
removed
“(1) In general—Not later than 90 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary, acting through the Maritime Administrator, shall upon consultation with the maritime academies, and to the extent feasible with the consent of the maritime academies, implement a program of training vessel sharing, requiring maritime academies to share training vessel provided by the Secretary among maritime academies, as necessary to ensure that training needs of each academy are met.
removed
“(2) Program of vessel sharing—For purposes of this subsection, a program of vessel sharing shall include—
removed
“(A) ways to maximize the available underway training available in the fleet of training vessels;
removed
“(B) coordinating the dates and duration of training cruises with the academic calendars of maritime academies;
removed
“(C) coordinating academic programs designed to be implemented aboard training vessels among maritime academies; and
removed
“(D) identifying ways to minimize costs.
removed
“(3) Additional funding—Subject to the availability of appropriations, the Maritime Administrator may provide additional funding to State maritime academies during periods of limited training vessel capacity, for costs associated with training vessel sharing.
removed
“(4) Evaluation—Not later than 30 days after the beginning of each fiscal year, the Secretary, acting through the Maritime Administrator, shall evaluate the vessel sharing program under this subsection to determine the optimal utilization of State maritime training vessels, and modify the program as necessary to improve utilization.”
Sec. 3506 Concurrent jurisdiction
removed
removed
Notwithstanding any other law, the Secretary of Transportation may relinquish, at the Secretary’s discretion, to the State of New York, such measure of legislative jurisdiction over the lands constituting the United States Merchant Marine Academy in King’s Point, New York, as is necessary to establish concurrent jurisdiction between the Federal Government and the State of New York. Such partial relinquishment of legislative jurisdiction shall be accomplished—
removed
by filing with the Governor of New York a notice of relinquishment to take effect upon acceptance thereof; or
removed
as the laws of that State may provide.
Sec. 3507 United States Merchant Marine Academy policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking
removed
removed
Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking— Section 51318 of title 46, United States Code, is amended—
removed
in subsection (a)(2)—
removed
in subparagraph (A), by inserting “and prevention” after “awareness”;
removed
by redesignating subparagraph (B) as subparagraph (C), and subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively;
removed
by inserting after subparagraph (A) the following:
removed
“(B) procedures for documenting, tracking, and maintaining the data required to conduct the annual assessments to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment, dating violence, domestic violence, sexual assault, and stalking involving cadets or other Academy personnel, as required by subsection (c);”
removed
by inserting after subparagraph (C), as redesignated by subparagraph (B), the following:
removed
“(D) procedures for investigating sexual harassment, dating violence, domestic violence, sexual assault, or stalking involving a cadet or other Academy personnel to determine whether disciplinary action is necessary;”
removed
in subsection (b)(2)(A), by inserting “and other Academy personnel” after “cadets at the Academy”; and
removed
in subsection (d)—
removed
in paragraph (2)(A) by inserting “, including sexual harassment,” after “sexual assaults, rapes, and other sexual offenses”; and
removed
in paragraph (4)(B), by striking “The Secretary” and inserting “Not later than January 15 of each year, the Secretary”.
removed
Implementation— The Superintendent of the United States Merchant Marine Academy may implement the amendment to subsection (b)(2)(A) of section 51318 of title 46, United States Code, made by subsection (a)(2), by updating an existing plan issued pursuant to the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
Sec. 3508 Report on implementation of recommendations for the United States Merchant Marine Academy Sexual Assault Prevention and Response Program
removed
removed
Not later than April 1, 2019, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress of the Maritime Administration in implementing and closing each of the recommendations made in the Office of Inspector General’s Report issued March 28, 2018 (ST–2018–039) identifying gaps in the United States Merchant Marine Academy’s Sexual Assault Prevention and Response Program.
Sec. 3509 Report on the application of the Uniform Code of Military Justice to the United States Merchant Marine Academy
removed
removed
Report— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives on the impediments to the application of the Uniform Code of Military Justice at the United States Merchant Marine Academy.
removed
Consultation— The Maritime Administrator may, in preparing the report under subsection (a), consult with the Department of Defense, other Federal agencies, and non-Federal entities, as appropriate.
Sec. 3510 Electronic records on mariner availability to meet national security needs
removed
removed
The Secretary of the department in which the Coast Guard is operating shall ensure that electronic records maintained under section 7502 of title 46, United States Code, are able to be used by the Secretary of Transportation—
removed
to determine the potential availability of mariners credentialed under part E of subtitle II of title 46, United States Code, to meet national security sealift needs; and
removed
to receive information on the qualification of such mariners.
Sec. 3511 Small shipyard grants
removed
removed
Section 54101(b) of title 46, United States Code, is amended—
removed
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
removed
by inserting after paragraph (1) the following:
removed
“(2) Timing of grant notice—The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this section not more than 15 days after the date of enactment of the appropriations Act for the fiscal year concerned.”
removed
in paragraph (4), as redesignated by paragraph (1), by striking “paragraph (2)” and inserting “paragraph (3)”.
Sec. 3512 Sea year on contracted vessels
removed
removed
Section 51307 of title 46, United States Code, is amended—
removed
by striking “The Secretary” and inserting the following:
removed
“(a) In general—The Secretary”
removed
in paragraph (1) of subsection (a), by striking “owned or subsidized by” and inserting “owned, subsidized by, or contracted with”; and
removed
by adding at the end the following:
removed
“(b) Maritime Security Program vessels—The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title to carry on each Maritime Security Program vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage.
removed
“(c) Military Sealift Command vessels
removed
“(1) In general—Except as provided in paragraph (2), the Commander of the Military Sealift Command shall require an operator of a vessel in the United States Navy’s Military Sealift Command to carry on each such vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage, if the vessel—
removed
“(A) is flagged in the United States; and
removed
“(B) is rated at 10,000 gross tons or higher.
removed
“(2) Waiver—The Commander of the Military Sealift Command may waive the requirement under paragraph (1) at any time if the Commander determines that carrying a cadet from the United States Merchant Marine Academy would place an undue burden on the vessel or the operator of the vessel.
removed
“(d) Definition of operator—In this section, the term operator includes a government operator and a non-government operator.
removed
“(e) Savings clause—Nothing in this section may be construed as affecting—
removed
“(1) the discretion of the Secretary to determine whether to place a United States Merchant Marine Academy cadet on a vessel;
removed
“(2) the authority of the Coast Guard regarding a vessel security plan approved under section 70103; or
removed
“(3) the discretion of the master of the vessel to ensure the safety of all crew members.”
Sec. 3513 GAO report on national maritime strategy
removed
removed
Report— Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives, a report on—
removed
the key challenges, if any, to ensuring that the United States marine transportation system and merchant marine are sufficient to support United States economic and defense needs, as articulated by the Maritime Administration, the Committee on the Marine Transportation System, and other stakeholders;
removed
the extent to which a national maritime strategy incorporates desirable characteristics of successful national strategies as identified by the Comptroller General, and any key obstacles (as identified by stakeholders) to successfully implementing such strategies; and
removed
the extent to which Federal efforts to establish a national maritime strategy are duplicative or fragmented, and if so, the impact on United States maritime policy for the future.
removed
Deadline— Subsection (a) of section 603 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by striking “Not later than 60 days after the date of the enactment of this Act” and inserting “Not later than 18 months after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019”.
Sec. 3514 Multi-year contracts
removed
removed
Section 3505 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776), as amended by section 3503 of this Act, is further amended by adding at the end the following:
removed
“(i) Contracting authority not affected—Nothing in this section may be construed to prohibit the entity responsible for contracting from entering into a multiple-year or block contract for the procurement of up to 6 new vessels and associated Government-furnished equipment, subject to the availability of appropriations.”
Sec. 3515 Miscellaneous
removed
removed
Noncommercial vessels— Section 3514(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 46 U.S.C. 51318 note) is amended—
removed
by striking “Not later than” and inserting the following:
removed
“(1) In general—Not later than”
removed
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; and
removed
by adding at the end the following:
removed
“(2) Noncommercial vessels—For the purposes of this section, vessels operated by any of the following entities shall not be considered commercial vessels:
removed
“(A) Any entity or agency of the United States.
removed
“(B) The government of a State or territory.
removed
“(C) Any political subdivision of a State or territory.
removed
“(D) Any other municipal organization.”
removed
Passenger records— Section 51322(c) of title 46, United States Code, is amended to read as follows:
removed
“(c) Maintenance of sexual assault training records—The Maritime Administrator shall require the owner or operator of a commercial vessel, or the seafarer union for a commercial vessel, to maintain records of sexual assault training for any person required to have such training.”
removed
National Oceanic and Atmospheric Administration— Section 3134 of title 40, United States Code, is amended by adding at the end the following:
removed
“(c) National Oceanic and Atmospheric Administration—The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled ‘An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes’, approved August 6, 1947 (33 U.S.C. 883a et seq.).”
removed
Annual payments for maintenance and support— Section 51505(b)(2) of title 46 is amended to read as follows:
removed
“(2) Maximum—The amount under paragraph (1) may not be more than $25,000, unless the academy satisfies section 51506(b) of this title.”
Sec. 3516 Department of Transportation Inspector General report on Title XI program
removed
removed
Not later than 180 days after the date of enactment of this Act, the Department of Transportation Office of Inspector General shall—
removed
initiate an audit of the financial controls and protections included in the policies and procedures of the Department of Transportation for approving loan applications for the loan guarantee program authorized under chapter 537 of title 46, United States Code; and
removed
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of that audit once the audit is completed.
Sec. 3521 Alignment with Department of Defense and sea services authorities
Prohibiting sexual harassment; report—
Notification—
In general— The Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on August 26, 2018, if there is not in effect a general order or regulation prohibiting sexual harassment by members of the Coast Guard and clearly stating that a violation of such order or regulation is punishable in accordance with the Uniform Code of Military Justice.
Contents— The notification required under subparagraph (A) shall include—
details regarding the status of the drafting of such general order or regulation;
a projected implementation timeline for such general order or regulation; and
an explanation regarding any barriers to implementation.
changed
Report— Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 93 note) 124 Stat. 2917) is amended—
in subsection (a), by inserting “and incidents of sexual harassment” after “sexual assaults”; and
in subsection (b)—
changed
in paragraph (1), by inserting “and incidents of sexual harassment” after “sexual assaults” assault” each place it appears;appears;2
in paragraph (3), by inserting “and sexual harassment” after “sexual assault”; and
in paragraph (4), by inserting “and sexual harassment” after “sexual assault”.
Annual performance report—
In general— Chapter 29 of title 14, United States Code, is amended by adding at the end the following:
“2905. Annual performance report
“Not later than the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant of the Coast Guard shall make available on a public website and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an update on Coast Guard mission performance during the previous fiscal year.”
Clerical amendment— The analysis at the beginning of such chapter is amended by adding at the end the following:
Sec. 3522 Preliminary development and demonstration
Section 573 of title 14, United States Code, is amended—
in subsection (b)(3), by—
striking “require that safety concerns identified” and inserting “ensure that independent third parties and Government employees that identify safety concerns”; and
changed
striking “Coast Guard shall be communicated as” and inserting “Coast Guard communicate such concerns as”;as;”
in subsection (b)(4), by striking “Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall be reported by the Commandant” and inserting “The Commandant shall ensure that any safety concerns that have been communicated under paragraph (3) for an acquisition program or project are reported”;
in subsection (b)(5)—
by striking the matter preceding subparagraph (A) and inserting the following:
“(5) Asset already in low, initial, or full-rate production—The Commandant shall ensure that if an independent third party or a Government employee identifies a safety concern with a capability or asset or any subsystems of a capability or asset not previously identified during operational test and evaluation of a capability or asset already in low, initial, or full-rate production—”
in subparagraph (A), by inserting “the Commandant, through the Assistant Commandant for Capability, shall” before “notify”; and
in subparagraph (B), by striking “notify the Chief Acquisition Officer and include in such notification” and inserting “the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification”; and
in subsection (c)—
in paragraph (2)(A), by striking “and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010”; and
in paragraph (5), by striking “and delivered after the date of enactment of the Coast Guard Authorization Act of 2010”.
Sec. 3523 Contract termination
In general— Chapter 17 of title 14, United States Code, is amended by inserting after section 656 the following:
“657. Contract termination
“(a) In general
“(1) Notification—Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of—
“(A) not less than 1 year after the date of the notification; or
“(B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required.
“(b) Work product defined—In this section the term “work product”—
“(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and
“(2) includes—
“(A) any completed end items;
“(B) any uncompleted end items; and
“(C) any property in the contractor’s possession in which the United States Government has an interest.
“(c) Penalty—A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable.
changed
“(d) ReportReport—Not later than 45 days after the end of each fiscal year, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
changed
“(1) In general—Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the all Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation contracts with a total value of more than $1,000,000 that were terminated in the Senate a report detailing—fiscal year;
changed
“(A) “(2) all Coast Guard contracts with a total value of more than $1,000,000 that vendors who were terminated notified under subsection (a)(1) in the fiscal year;year, and the date of such notification;
changed
“(B) “(3) all vendors who criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were notified under subsection (a)(1) initiated by the Coast Guard in the fiscal year, and the date of such notification;year;
changed
“(C) “(4) all criminal, administrative, and other investigations regarding any contract contracts with a total value of more than $1,000,000 that were initiated completed by the Coast Guard in the fiscal year;year; and
changed
“(D) all criminal, administrative, and other investigations regarding contracts with a total value “(5) an estimate of more than $1,000,000 that were completed costs incurred by the Coast Guard in Guard, including contract line items and termination costs, as a result of the fiscal year; andrequirements of this section.”
removed
“(E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section.
removed
“(2) Limitation—The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).”
Clerical amendment— The analysis at the beginning of such chapter is amended by inserting after the item relating to section 656 the following:
Sec. 3529 Large commercial yacht code
added The Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, shall develop a Large Commercial Yacht code for recreational vessels over 300 gross tons as measured under section 14502 of title 46, United States Code, or an alternate tonnage measured under section 14302 of such title (as prescribed by the Secretary under section 14104 of such title), that is comparable to the Code of Safe Practice for Large Commercial Yachts (commonly referred to as the “Large Commercial Yacht Code”), as published by the Maritime and Coast Guard of the United Kingdom. The Secretary shall complete such code by no later than one year after the date of the enactment of this Act.
removed
In general—
removed
Issuance— The Secretary of the department in which the Coast Guard is operating shall issue large recreational vessel regulations applicable to any recreational vessel (as defined in section 2101 of title 46, United States Code) over 300 gross tons as measured under section 14502 of such title, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title, that does not carry any cargo or passengers for hire.
removed
Scope and content of regulations— The regulations issued under this subsection—
removed
subject to subparagraph (B), shall be comparable to the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the “Large Commercial Yacht Code (LY3)”), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary; and
removed
shall require that, as part of the review of an application for documentation of a vessel that is subject to the regulations, the owner shall disclose to the Coast Guard—
removed
the identification and place of residence of such owner; and
removed
if the owner is an entity described in paragraph (2), (3), or (4) of section 12103(b) of title 46, United States Code, the beneficial owners of such entity.
removed
Deadline— The Secretary shall issue regulations required by paragraph (1) by not later than one year after the date of the enactment of this Act.
removed
Interim compliance— Until the effective date of regulations issued under paragraph (1), a recreational vessel described in paragraph (1) shall not be subject to inspection under section 3301(7) of title 46, United States Code, if the Secretary determines, as part of the review of the application for documentation submitted for the vessel by the owner of the vessel and other materials as considered necessary by the Secretary, that the vessel complies with the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the “Large Commercial Yacht Code (LY3)”), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary.
removed
Definitions—
removed
Beneficial owner— In this subsection the term “beneficial owner”—
removed
means, with respect to an entity, each natural person who, directly or indirectly—
removed
exercises control over the entity through ownership interests, voting rights, agreements, or otherwise; or
removed
has an interest in or receives substantial economic benefits from the assets of the entity; and
removed
does not include, with respect to an entity—
removed
a minor child;
removed
a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
removed
a person acting solely as an employee of the entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;
removed
a person whose only interest in the entity is through a right of inheritance, unless the person otherwise meets the definition of “beneficial owner” under this subparagraph; and
removed
a creditor of the entity, unless the creditor otherwise meets the requirements of “beneficial owner” under this subparagraph.
removed
Owner— In this subsection, other than in subparagraph (A) of this paragraph, the term “owner” means the person who is the eligible owner of the vessel for purposes of section 12103(b) of title 46, United States Code.
removed
Conforming amendment— Section 3302 of title 46, United States Code, is amended by adding at the end the following:
removed
“(n)
removed
“(1) A seagoing motor vessel is not subject to inspection under section 3301(7) of this title if the vessel—
removed
“(A) is a recreational vessel (as defined in section 2101 of this title) over 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title;
removed
“(B) does not carry any cargo or passengers for hire; and
removed
“(C) is found by the Secretary to comply with large recreational vessel regulations issued by the Secretary.
removed
“(2) This subsection shall apply only on and after the effective date of regulations referred to in paragraph (1)(C).”
Sec. 3531 Commandant defined
In general— Chapter 1 of title 14, United States Code, is amended by adding at the end the following:
“5. Commandant defined
“In this title, the term “Commandant” means the Commandant of the Coast Guard.”
Clerical amendment— The analysis for chapter 1 of title 14, United States Code, is amended by adding at the end the following:
Conforming amendments— Title 14, United States Code, is amended—
in section 58(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 101 by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 693 by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 672a(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 678(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 561(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 577(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 581—
by striking paragraph (4); and
by redesignating paragraphs (5) through (12) as paragraphs (4) through (11), respectively;
in section 200(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 196(b)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 199 by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 429(a)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
in section 423(a)(2) by striking “Commandant of the Coast Guard” and inserting “Commandant”;
changed
in section 2702(5) by striking “Commandant of the Coast Guard” and inserting “Commandant”; and“Commandant”;
changed
in section 2902(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”.“Commandant”; and
added
in section 2903(f)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”.
Sec. 3543 Passenger vessels
changed
Passenger vessel security and safety requirements— Section 3507 of title 46, United States Code, is amended—
renumbered
was (2)(3)
by striking subsection (a)(3);
renumbered
was (2)(4)
in subsection (e)(2), by striking “services confidential” and inserting “services as confidential”; and
renumbered
was (2)(5)
in subsection (i), by striking “Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary shall issue” and insert “The Secretary shall maintain”.
changed
Crime scene preservation training for passenger vessel crewmembers— Section 3508 of title 46, United States Code, is amended—
renumbered
was (3)(3)
in subsection (a), by striking “Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the” and inserting “The”, and by striking “develop” and inserting “maintain”;
renumbered
was (3)(4)
in subsection (c), by striking “Beginning 2 years after the standards are established under subsection (b), no” and inserting “No”;
renumbered
was (3)(5)
by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
renumbered
was (3)(6)
in subsection (e), as redesignated by paragraph (3), by striking “subsection (e)” each place it appears and inserting “subsection (d)”.
Sec. 3544 Tank vessels
changed
Tank vessel construction standards— Section 3703a of title 46, United States Code, is amended—
renumbered
was (2)(3)
in subsection (b), by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;
renumbered
was (2)(4)
in subsection (c)(2)—
renumbered
was (2)(4)(2)
by striking “that is delivered” and inserting “that was delivered”;
renumbered
was (2)(4)(3)
by striking “that qualifies” and inserting “that qualified”; and
renumbered
was (2)(4)(4)
by striking “after January 1, 2015,”;
renumbered
was (2)(5)
in subsection (c)(3)—
renumbered
was (2)(5)(2)
by striking “that is delivered” and inserting “that was delivered”; and
renumbered
was (2)(5)(3)
by striking “that qualifies” and inserting “that qualified”;
renumbered
was (2)(6)
by striking subsection (c)(3)(A) and inserting the following:
“(A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;”
renumbered
was (2)(7)
by striking subsection (c)(3)(B) and inserting the following:
“(B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and”
renumbered
was (2)(8)
by striking subsection (c)(3)(C) and inserting the following:
“(C) in the case of a vessel of at least 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides.”
renumbered
was (2)(9)
in subsection (e)—
renumbered
was (2)(9)(2)
in paragraph (1), by striking “and except as otherwise provided in paragraphs (2) and (3) of this subsection”; and
renumbered
was (2)(9)(3)
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).
changed
Crude oil tanker minimum standards— Section 3705 of title 46, United States Code, is amended—
renumbered
was (3)(3)
in subsection (b)—
renumbered
was (3)(3)(2)
by striking paragraph (2);
renumbered
was (3)(3)(3)
by striking “(1)”; and
renumbered
was (3)(3)(4)
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and
renumbered
was (3)(4)
in subsection (c), by striking “before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later”.
changed
Product carrier minimum standards— Section 3706(d) of title 46, United States Code, is amended by striking “before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later”.
changed
Definition— Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(A)) is amended by striking “(other than a vessel described in section 3703a(b)(3) of title 46, United States Code)”.
Sec. 3545 Grounds for denial or revocation
changed
Dangerous drugs as grounds for denial— Section 7503 of title 46, United States Code, is amended to read as follows:
“7503. Dangerous drugs as grounds for denial
“A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who—
“(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or
“(2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.”
changed
Dangerous drugs as grounds for revocation— Section 7704 of title 46, United States Code, is amended by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
Sec. 3549 Modification of boundaries of White Sands National Monument and White Sands Missile Range
added
added
Definitions— In this section:
added
Missile range— The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
added
Monument— The term “monument” means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 (16 U.S.C. 431 note), dated January 18, 1933, and administered by the Secretary.
added
Public land order— The term “Public Land Order” means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
added
Secretary— The term “Secretary” means the Secretary of the Interior.
added
Military munitions— The term “military munitions” has the meaning given the term in section 101(e)(4) of title 10, United States Code.
added
Munitions debris— The term “munitions debris” means remnants of military munitions remaining after munitions use, demilitarization, or disposal.
added
Transfers of administrative jurisdiction—
added
Transfer of administrative jurisdiction to the secretary—
added
In general— Administrative jurisdiction over the land described in subparagraph (B) is transferred from the Secretary of the Army to the Secretary.
added
Description of land— The land referred to in subparagraph (A) is the land generally depicted as “Transfer DOA to NPS (National Park Service)” on the map titled “White Sands National Monument (WHSA) & White Sands Missile Range (WSMR) New Proposed White Sands National Monument Boundary”, created April 20, 2018, comprising—
added
approximately 2,826 acres of land within the monument that is under the jurisdiction of the Secretary of the Army; and
added
approximately 5,766 acres of land within the missile range that is abutting the monument.
added
Transfer of administrative jurisdiction to the Secretary of the Army—
added
In general— Administrative jurisdiction over the land described in subparagraph (B) is transferred from the Secretary to the Secretary of the Army.
added
Description of land— The land referred to in subparagraph (A) is the approximately 3,737 acres of land within the monument abutting the missile range, as generally depicted on the map described in paragraph (1)(B) as “Transfer NPS to DOA (Department of the Army)”.
added
Boundary modifications—
added
Monument—
added
In general— Following transfers in subsection (b), the boundary of the monument is modified as generally depicted as “New Proposed WHSA Boundary” on the map described in subsection (b)(1)(B).
added
Map—
added
In general— The Secretary, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection a map and legal description depicting the revised boundary of the monument.
added
Effect— The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the legal description and map.
added
Missile range— The Public Land Order is modified to exclude the land transferred to the Secretary under subsection (b)(1) and to include the land transferred to the Secretary of the Army under subsection (b)(1).
added
Conforming amendment— Section 2854 of Public Law 104–201 (54 U.S.C. 320301 note) is repealed.
added
Administration—
added
Monument— The Secretary shall administer the land transferred under subsection (b)(1) in accordance with laws (including regulations) applicable to the monument.
added
Missile range— Subject to paragraph (3), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under subsection (b)(2) as part of the missile range.
added
Fence—
added
In general— The Secretary of the Army shall continue to allow the Secretary to maintain the fence shown on the map described in subsection (b)(1)(B) until such time as the Secretary determines that the fence is unnecessary for the management of the monument.
added
Removal— If the Secretary determines that the fence is unnecessary for the management of the monument under subparagraph (A), the Secretary shall promptly remove the fence at the expense of the Department of the Interior.
added
Military munitions and munitions debris—
added
Response action— With respect to any Federal liability, the Secretary of the Army shall remain responsible for any response action addressing military munitions or munitions debris on the land transferred under subsection (b)(1) to the same extent as on the day before the date of enactment of this Act.
added
Access— At the request of the Secretary and subject to available appropriations, the Secretary of the Army shall have access to the land transferred under subsection (b)(1) for the purposes of conducting investigations of military munitions or munitions debris on the transferred land.
added
Applicable law— Any activities undertaken under this subsection shall be carried out in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Sec. 4001 Short title
added This division may be cited as the “Coast Guard Authorization Act of 2017 ”.
removed
In general— Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
removed
Merit-based decisions— A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
removed
be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
removed
comply with other applicable provisions of law.
removed
Relationship to transfer and programming authority— An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
removed
Applicability to classified annex— This section applies to any classified annex that accompanies this Act.
removed
Oral written communications— No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
Sec. 4002 Table of contents
addedadded The table of contents for this division is the following:
Sec. 4101 Initial matter
added Title 14, United States Code, is amended by striking the title designation, the title heading, and the table of parts at the beginning and inserting the following:
added “14 Coast Guard”
Sec. 4102 Subtitle I
added Part I of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning and inserting the following:
added “I Establishment, Powers, Duties, and Administration”
Sec. 4103 Chapter 1
added
added
Initial matter— Chapter 1 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “1 Establishment and Duties”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 1 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
Sec. 4104 Chapter 3
added
added
Initial matter— Chapter 3 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “3 Composition and Organization”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 3 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes—
added
In general— Chapter 3 of title 14, United States Code, is further amended—
added
by inserting after section 310 (as so redesignated and transferred under subsection (b)) the following:
added “311. Captains of the port
added “Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties.”
added
by inserting after section 317 (as so redesignated and transferred under subsection (b)) the following:
added “318. Environmental Compliance and Restoration Program
added “(a) Definitions—For the purposes of this section—
added “(1) “environment”, “facility”, “person”, “release”, “removal”, “remedial”, and “response” have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601);
added “(2) “hazardous substance” has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given “oil” in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and
added “(3) “pollutant” has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
added “(b) Program
added “(1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities.
added “(2) Program goals include:
added “(A) Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants.
added “(B) Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment.
added “(C) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities.
added “(D) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities.
added “(3)
added “(A) The Secretary shall respond to releases of hazardous substances and pollutants—
added “(i) at each Coast Guard facility the United States owns, leases, or otherwise possesses;
added “(ii) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and
added “(iii) on each vessel the Coast Guard owns or operates.
added “(B) Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622).
added “(C) The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person.
added “(4) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary's responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary's responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility.
added “(5) Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9619) applies to response action contractors that carry out response actions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor's reasonable, potential, long-term liability.
added “(c) Environmental Compliance and Restoration Account
added “(1) There is established for the Coast Guard an account known as the Coast Guard Environmental Compliance and Restoration Account. All sums appropriated to carry out the Coast Guard's environmental compliance and restoration functions under this section or another law shall be credited or transferred to the account and remain available until expended.
added “(2) Funds may be obligated or expended from the account to carry out the Coast Guard's environmental compliance and restoration functions under this section or another law.
added “(3) In proposing the budget for any fiscal year under section 1105 of title 31, the President shall set forth separately the amount requested for the Coast Guard's environmental compliance and restoration activities under this section or another law.
added “(4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary's response actions at current and former Coast Guard facilities shall be credited to the account.
added “(d) Annual list of projects to Congress—The Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the President's budget submission for that fiscal year.”
added
Conforming repeals— Sections 634, 690, 691, 692, and 693 of title 14, United States Code, are repealed.
Sec. 4105 Chapter 5
added
added
Initial matter— Chapter 5 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “5 Functions and Powers”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 5 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 5 of title 14, United States Code, is further amended—
added
by inserting before section 501 (as so redesignated and transferred under subsection (b)) the following:
added “I General Powers”
added
by inserting before section 521 (as so redesignated and transferred under subsection (b)) the following:
added “II Life Saving and Law Enforcement Authorities”
added
by inserting before section 541 (as so redesignated and transferred under subsection (b)) the following:
added “III Aids to Navigation”
added
by inserting before section 561 (as so redesignated and transferred under subsection (b)) the following:
added “IV Miscellaneous”
Sec. 4106 Chapter 7
added
added
Initial matter— Chapter 7 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “7 Cooperation”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 7 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
Sec. 4107 Chapter 9
added
added
Initial matter— Chapter 9 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “9 Administration”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 9 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 9 of title 14, United States Code, is further amended—
added
by inserting before section 901 (as so redesignated and transferred under subsection (b)) the following:
added “I Real and Personal Property”
added
by inserting before section 931 (as so redesignated and transferred under subsection (b)) the following:
added “II Miscellaneous”
Sec. 4108 Chapter 11
added
added
Initial matter— Chapter 11 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “11 Acquisitions”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 11 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 11 of title 14, United States Code, is further amended—
added
by striking all subdivision designations and headings in such chapter, except for—
added
the chapter designation and heading added by subsection (a);
added
the subchapter designations and headings added by this subsection; and
added
any designation or heading of a section or a subdivision of a section;
added
by inserting before section 1101 (as so redesignated and transferred under subsection (b)) the following:
added “I General Provisions”
added
by inserting before section 1131 (as so redesignated and transferred under subsection (b)) the following:
added “II Improved Acquisition Process and Procedures”
added
by inserting before section 1151 (as so redesignated and transferred under subsection (b)) the following:
added “III Procurement”
added
by inserting before section 1171 (as so redesignated and transferred under subsection (b)) the following:
added “IV Definitions”
Sec. 4109 Subtitle II
added
added
Initial matter— Title 14, United States Code, is further amended by inserting after chapter 11 (as amended by section 4108 of this title) the following:
added “II Personnel”
added
Reserved chapter numbers—
added
Chapter 13— Chapter 13 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.
added
Chapter 14— Chapter 14 of title 14, United States Code, is amended—
added
by striking the chapter designation, the chapter heading, and the table of sections at the beginning; and
added
by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter.
added
Chapter 15— Chapter 15 of title 14, United States Code, is amended—
added
by striking the chapter designation, the chapter heading, and the table of sections at the beginning; and
added
by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter.
added
Chapter 17— Chapter 17 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.
added
Chapter 18— Chapter 18 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.
Sec. 4110 Chapter 19
added
added
Initial matter— Chapter 19 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “19 Coast Guard Academy”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 19 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes—
added
In general— Chapter 19 of title 14, United States Code, is further amended—
added
by inserting before section 1901 (as so redesignated and transferred under subsection (b)) the following:
added “I Administration”
added
by inserting before section 1923 (as so redesignated and transferred under subsection (b)) the following:
added “II Cadets
added “1921. Corps of Cadets authorized strength
added “The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred.
added “1922. Appointments
added “Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. In the administration of this section, the Secretary shall take such action as may be necessary and appropriate to insure that female individuals shall be eligible for appointment and admission to the Coast Guard Academy, and that the relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.”
added
by inserting before section 1926 (as so redesignated and transferred under subsection (b)) the following:
added “1924. Conduct
added “The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be subject to rules governing discipline prescribed by the Commandant.
added “1925. Agreement
added “(a) Each cadet shall sign an agreement with respect to the cadet's length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following:
added “(1) That the cadet will complete the course of instruction at the Coast Guard Academy.
added “(2) That upon graduation from the Coast Guard Academy the cadet—
added “(A) will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and
added “(B) will serve on active duty for at least five years immediately after such appointment.
added “(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet—
added “(A) will accept an appointment as a commissioned officer in the Coast Guard Reserve; and
added “(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet.
added “(b)
added “(1) The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10.
added “(2) A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.
added “(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Coast Guard Academy and accept an appointment as a commissioned officer upon graduation from the Coast Guard Academy.
added “(c) The Secretary shall prescribe regulations to carry out this section. Those regulations shall include—
added “(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);
added “(2) procedures for determining whether such a breach has occurred; and
added “(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).
added “(d) In this section, “commissioned service obligation”, with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment.
added “(e)
added “(1) This section does not apply to a cadet who is not a citizen or national of the United States.
added “(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of the parent or guardian.
added “(f) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.”
added
by inserting before section 1941 (as so redesignated and transferred under subsection (b)) the following:
added “III Faculty”
added
Conforming repeal— Section 182 of title 14, United States Code, is repealed.
Sec. 4111 Part II
addedadded Part II of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning.
Sec. 4112 Chapter 21
added
added
Initial matter— Chapter 21 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “21 Personnel; Officers”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 21 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 21 of title 14, United States Code, is further amended—
added
by striking all subchapter designations and headings in such chapter, except for the subchapter designations and headings added by this subsection;
added
by inserting before section 2101 (as so redesignated and transferred under subsection (b)) the following:
added “I Appointment and Promotion”
added
by inserting before section 2115 (as so redesignated and transferred under subsection (b)) the following:
added “2114. United States Deputy Marshals in Alaska
added “Commissioned officers may be appointed as United States Deputy Marshals in Alaska.”
added
by inserting before section 2141 (as so redesignated and transferred under subsection (b)) the following:
added “II Discharges; Retirements; Revocation of Commissions; Separation for Cause”
added
by inserting before section 2181 (as so redesignated and transferred under subsection (b)) the following:
added “III General Provisions”
Sec. 4113 Chapter 23
added
added
Initial matter— Chapter 23 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “23 Personnel; Enlisted”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 23 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
Sec. 4114 Chapter 25
added
added
Initial matter— Chapter 25 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “25 Personnel; General Provisions”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 25 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 25 of title 14, United States Code, is further amended—
added
by inserting before section 2501 (as so redesignated and transferred under subsection (b)) the following:
added “I General Provisions”
added
by inserting before section 2531 (as so redesignated and transferred under subsection (b)) the following:
added “II Lighthouse Service”
Sec. 4115 Part III
addedadded Part III of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning.
Sec. 4116 Chapter 27
added
added
Initial matter— Chapter 27 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “27 Pay, Allowances, Awards, and Other Rights and Benefits”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 27 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 27 of title 14, United States Code, is further amended—
added
by inserting before section 2701 (as so redesignated and transferred under subsection (b)) the following:
added “I Personnel Rights and Benefits”
added
by inserting before section 2731 (as so redesignated and transferred under subsection (b)) the following:
added “II Awards”
added
by inserting before section 2761 (as so redesignated and transferred under subsection (b)) the following:
added “III Payments”
Sec. 4117 Chapter 29
added
added
Initial matter— Chapter 29 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:
added “29 Coast Guard Family Support, Child Care, and Housing”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 29 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 29 of title 14, United States Code, is further amended—
added
by inserting before section 2901 (as so redesignated and transferred under subsection (b)) the following:
added “I Coast Guard Families”
added
by inserting before section 2921 (as so redesignated and transferred under subsection (b)) the following:
added “II Coast Guard Child Care”
added
by inserting before section 2941 (as so redesignated and transferred under subsection (b)) the following:
added “III Housing”
Sec. 4118 Subtitle III and chapter 37
added
added
Initial matter— Title 14, United States Code, is further amended by adding after chapter 29 (as amended by section 4117 of this title) the following:
added “III Coast Guard Reserve and Auxiliary
added “1 Coast Guard Reserve”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 37 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
added
Additional changes— Chapter 37 of title 14, United States Code, is further amended—
added
by inserting before section 3701 (as so redesignated and transferred under subsection (b)) the following:
added “I Administration”
added
by inserting before section 3731 (as so redesignated and transferred under subsection (b)) the following:
added “II Personnel”
Sec. 4119 Chapter 39
added
added
Initial matter— Title 14, United States Code, is further amended by adding after chapter 37 (as added by section 4118 of this title) the following:
added “39 Coast Guard Auxiliary”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 39 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
Sec. 4120 Chapter 41
added
added
Initial matter— Title 14, United States Code, is further amended by adding after chapter 39 (as added by section 4119 of this title) the following:
added “41 General Provisions for Coast Guard Reserve and Auxiliary”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 41 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
Sec. 4121 Subtitle IV and chapter 49
added
added
Initial matter— Title 14, United States Code, is further amended by adding after chapter 41 (as added by section 4120 of this title) the following:
added “IV Coast Guard Authorizations and Reports to Congress
added “49 Authorizations”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 49 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
Sec. 4122 Chapter 51
added
added
Initial matter— Title 14, United States Code, is further amended by adding after chapter 49 (as added by section 4121 of this title) the following:
added “51 Reports”
added
Redesignations and transfers—
added
Requirement— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—
added
by redesignating the sections as described in the table; and
added
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 51 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
added
Table— The table referred to in paragraph (1) is the following:
Sec. 4123 References
added
added
Definitions— In this section, the following definitions apply:
added
Redesignated section— The term redesignated section means a section of title 14, United States Code, that is redesignated by this title, as that section is so redesignated.
added
Source section— The term source section means a section of title 14, United States Code, that is redesignated by this title, as that section was in effect before the redesignation.
added
Reference to source section—
added
Treatment of reference— A reference to a source section, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding redesignated section.
added
Title 14— In title 14, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.
added
Other conforming amendments—
added
Reference to section 182— Section 1923(c) of title 14, United States Code, as so redesignated by this title, is further amended by striking “section 182” and inserting “section 1922”.
added
References to chapter 11— Title 14, United States Code, is further amended—
added
in section 2146(d), as so redesignated by this title, by striking “chapter 11 of this title” and inserting “this chapter”; and
added
in section 3739, as so redesignated by this title, by striking “chapter 11” each place that it appears and inserting “chapter 21”.
added
Reference to chapter 13— Section 3705(b) of title 14, United States Code, as so redesignated by this title, is further amended by striking “chapter 13” and inserting “chapter 27”.
added
Reference to chapter 15— Section 308(b)(3) of title 14, United States Code, as so redesignated by this title, is further amended by striking “chapter 15” and inserting “chapter 11”.
added
References to chapter 19— Title 14, United States Code, is further amended—
added
in section 4901(4), as so redesignated by this title, by striking “chapter 19” and inserting “section 318”; and
added
in section 4902(4), as so redesignated by this title, by striking “chapter 19” and inserting “section 318”.
added
Reference to chapter 23— Section 701(a) of title 14, United States Code, as so redesignated by this title, is further amended by striking “chapter 23” and inserting “chapter 39”.
Sec. 4124 Rule of construction
addedadded This title, including the amendments made by this title, is intended only to reorganize title 14, United States Code, and may not be construed to alter—
added
the effect of a provision of title 14, United States Code, including any authority or requirement therein;
added
a department or agency interpretation with respect to title 14, United States Code; or
added
a judicial interpretation with respect to title 14, United States Code.
Sec. 4201 Amendments to title 14, United States Code, as amended by title XLI of this division
added Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision of title 14, United States Code, the reference shall be considered to be made to title 14, United States Code, as amended by title XLI of this division.
Sec. 4202 Authorizations of appropriations
added
In general— Section 4902 of title 14, United States Code, is amended to read as follows:
added “4902. Authorizations of appropriations
added “(a) Fiscal year 2018—Funds are authorized to be appropriated for fiscal year 2018 for necessary expenses of the Coast Guard as follows:
added “(1) For the operation and maintenance of the Coast Guard, not otherwise provided for, $7,210,313,000 for fiscal year 2018.
added “(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $2,694,745,000 for fiscal year 2018.
added “(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training costs, equipment, and services, $114,875,000 for fiscal year 2018.
added “(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 3 of this title, $13,397,000 for fiscal year 2018.
added “(5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $29,141,000 for fiscal year 2018.
added “(b) Fiscal year 2019—Funds are authorized to be appropriated for fiscal year 2019 for necessary expenses of the Coast Guard as follows:
added “(1)
added “(A) For the operation and maintenance of the Coast Guard, not otherwise provided for, $7,914,195,000 for fiscal year 2019.
added “(B) Of the amount authorized under subparagraph (A)—
added “(i) $16,701,000 shall be for environmental compliance and restoration; and
added “(ii) $199,360,000 shall be for the Coast Guard's Medicare-eligible retiree health care fund contribution to the Department of Defense.
added “(2) For the procurement, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $2,694,745,000 for fiscal year 2019.
added “(3) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $29,141,000 for fiscal year 2019.”
added
Repeal— On October 1, 2018—
added
section 4902(a) of title 14, United States Code, as amended by subsection (a), shall be repealed; and
added
subsection 4902(b) of title 14, United States Code, as amended by subsection (a), shall be amended by striking “(b) Fiscal year 2019.—”.
Sec. 4203 Authorized levels of military strength and training
addedadded Section 4904 of title 14, United States Code, is amended—
added
in subsection (a), by striking “for each of fiscal years 2016 and 2017” and inserting “for fiscal year 2018 and 44,500 for fiscal year 2019”; and
added
in subsection (b), by striking “fiscal years 2016 and 2017” and inserting “fiscal years 2018 and 2019”.
Sec. 4204 Authorization of amounts for Fast Response Cutters
added
added
In general— Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this division, for each of fiscal years 2018 and 2019 up to $167,500,000 is authorized for the acquisition of 3 Fast Response Cutters.
added
Treatment of acquired cutters— Any cutters acquired pursuant to subsection (a) shall be in addition to the 58 cutters approved under the existing acquisition baseline.
Sec. 4205 Authorization of amounts for shoreside infrastructure
addedadded Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this division, for each of fiscal years 2018 and 2019 up to $167,500,000 is authorized for the Secretary of the department in which the Coast Guard is operating to fund the acquisition, construction, rebuilding, or improvement of Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness.
Sec. 4206 Authorization of amounts for aircraft improvements
addedadded Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this division, for each of fiscal years 2018 and 2019 up to $3,500,000 is authorized for the Secretary of the department in which the Coast Guard is operating to fund analysis and program development for improvements to or the replacement of rotary-wing aircraft.
Sec. 4301 Amendments to title 14, United States Code, as amended by title XLI of this division
added Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision of title 14, United States Code, the reference shall be considered to be made to title 14, United States Code, as amended by title XLI of this division.
Sec. 4302 Primary duties
added Section 102(7) of title 14, United States Code, is amended to read as follows:
added “(7) maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103.”
Sec. 4303 National Coast Guard Museum
addedadded Section 316 of title 14, United States Code, is amended to read as follows:
added “316. National Coast Guard Museum
added “(a) Establishment—The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy.
added “(b) Limitation on expenditures
added “(1) The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section.
added “(2) The Secretary shall fund the National Coast Guard Museum with nonappropriated and non-Federal funds to the maximum extent practicable. The priority use of Federal funds should be to preserve and protect historic Coast Guard artifacts, including the design, fabrication, and installation of exhibits or displays in which such artifacts are included.
added “(3) The Secretary may expend funds appropriated to the Coast Guard on the engineering and design of a National Coast Guard Museum.
added “(c) Funding plan—Before the date on which the Commandant establishes a National Coast Guard Museum under subsection (a), the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for constructing, operating, and maintaining such a museum, including—
added “(1) estimated planning, engineering, design, construction, operation, and maintenance costs;
added “(2) the extent to which appropriated, nonappropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for engineering, design, or construction; and
added “(3) a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and realistic.
added “(d) Authority—The Commandant may not establish a national Coast Guard museum except as set forth in this section.”
Sec. 4304 Unmanned aircraft
added
added
Land-based unmanned aircraft system program— Chapter 3 of title 14, United States Code, is amended by adding at the end the following:
added “319. Land-based unmanned aircraft system program
added “(a) In general—Subject to the availability of appropriations, the Secretary shall establish a land-based unmanned aircraft system program under the control of the Commandant.
added “(b) Unmanned aircraft system defined—In this section, the term “unmanned aircraft system” has the meaning given that term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”
added
Limitation on unmanned aircraft systems— Chapter 11 of title 14, United States Code, is amended by inserting after section 1154 the following:
added “1155. Limitation on unmanned aircraft systems
added “(a) In general—During any fiscal year for which funds are appropriated for the design or construction of an Offshore Patrol Cutter, the Commandant—
added “(1) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and
added “(2) may lease, acquire, or acquire the services of an unmanned aircraft system only if such system—
added “(A) has been part of a program of record of, procured by, or used by a Federal entity (or funds for research, development, test, and evaluation have been received from a Federal entity with regard to such system) before the date on which the Commandant leases, acquires, or acquires the services of the system; and
added “(B) is leased, acquired, or utilized by the Commandant through an agreement with a Federal entity, unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the Coast Guard.
added “(b) Small unmanned aircraft exemption—Subsection (a)(2) does not apply to small unmanned aircraft.
added “(c) Definitions—In this section, the terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”
added
Clerical amendments—
added
Chapter 3— The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following:
added
Chapter 11— The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1154 the following:
added
Conforming amendment— Subsection (c) of section 1105 of title 14, United States Code, is repealed.
Sec. 4305 Coast Guard health-care professionals; licensure portability
added
added
In general— Chapter 5 of title 14, United States Code, is amended by inserting after section 507 the following:
added “508. Coast Guard health-care professionals; licensure portability
added “(a) In general—Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient is located, if the practice is within the scope of the authorized Federal duties of such health-care professional.
added “(b) Described individuals—A health-care professional described in this subsection is an individual—
added “(1) who is—
added “(A) a member of the Coast Guard;
added “(B) a civilian employee of the Coast Guard;
added “(C) a member of the Public Health Service who is assigned to the Coast Guard; or
added “(D) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and
added “(2) who—
added “(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and
added “(B) is performing authorized duties for the Coast Guard.
added “(c) Definitions—In this section, the terms “license” and “health-care professional” have the meanings given those terms in section 1094(e) of title 10.”
added
Clerical amendment— The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 507 the following:
added
Electronic health records—
added
System— The Commandant of the Coast Guard is authorized to procure for the Coast Guard an electronic health record system that—
added
has been competitively awarded by the Department of Defense; and
added
ensures full integration with the Department of Defense electronic health record systems.
added
Support services—
added
In general— The Commandant is authorized to procure support services for the electronic health record system procured under paragraph (1) necessary to ensure full integration with the Department of Defense electronic health record systems.
added
Scope— Support services procured pursuant to this paragraph may include services for the following:
added
System integration support.
added
Hosting support.
added
Training, testing, technical, and data migration support.
added
Hardware support.
added
Any other support the Commandant considers appropriate.
added
Authorized procurement actions— The Commandant is authorized to procure an electronic health record system under this subsection through the following:
added
A task order under the Department of Defense electronic health record contract.
added
A sole source contract award.
added
An agreement made pursuant to sections 1535 and 1536 of title 31, United States Code.
added
A contract or other procurement vehicle otherwise authorized.
added
Competition in contracting; exemption— Procurement of an electronic health record system and support services pursuant to this subsection shall be exempt from the competition requirements of section 2304 of title 10, United States Code.
Sec. 4306 Training; emergency response providers
added
added
In general— Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
added “718. Training; emergency response providers
added “(a) In general—The Commandant may, on a reimbursable or a non-reimbursable basis, make a training available to emergency response providers whenever the Commandant determines that—
added “(1) a member of the Coast Guard, who is scheduled to participate in such training, is unable or unavailable to participate in such training;
added “(2) no other member of the Coast Guard, who is assigned to the unit to which the member of the Coast Guard who is unable or unavailable to participate in such training is assigned, is able or available to participate in such training; and
added “(3) such training, if made available to such emergency response providers, would further the goal of interoperability among Federal agencies, non-Federal governmental agencies, or both.
added “(b) Emergency response providers defined—In this section, the term “emergency response providers” has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
added “(c) Treatment of reimbursement—Any reimbursements for a training that the Coast Guard receives under this section shall be credited to the appropriation used to pay the costs for such training.
added “(d) Status; limitation on liability
added “(1) Status—Any individual to whom, as an emergency response provider, training is made available under this section, who is not otherwise a Federal employee, shall not, because of that training, be considered a Federal employee for any purpose (including the purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims)).
added “(2) Limitation on liability—The United States shall not be liable for actions taken by an individual in the course of training made available under this section.”
added
Clerical amendment— The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following:
Sec. 4307 Incentive contracts for Coast Guard yard and industrial establishments
addedadded Section 939 of title 14, United States Code, is amended—
added
by inserting before “The Secretary may” the following: “(a) In general.—”;
added
in subsection (a), as so designated by paragraph (1) of this section, by striking the period at the end of the last sentence and inserting “or in accordance with subsection (b).”; and
added
by adding at the end the following:
added “(b) Incentive contracts
added “(1) The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection.
added “(2) If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to the wage-grade industrial employees who complete the order.
added “(3) Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed.
added “(4) Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or Coast Guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order—
added “(A) the adjustment to be made pursuant to subsection (a) shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees; and
added “(B) the remainder of the adjustment shall be credited to the appropriation for such order current at that time.”
Sec. 4308 Confidential investigative expenses
addedadded Section 944 of title 14, United States Code, is amended by striking “$45,000” and inserting “$250,000”.
Sec. 4309 Regular captains; retirement
addedadded Section 2149(a) of title 14, United States Code, is amended—
added
by striking “zone is” and inserting “zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is”; and
added
by striking the period at the end and inserting “or placed at the top of the list of selectees, as applicable.”.
Sec. 4310 Conversion, alteration, and repair projects
added
added
In general— Chapter 9 of title 14, United States Code, as amended by this division, is further amended by inserting after section 951 the following:
added “952. Construction of Coast Guard vessels and assignment of vessel projects
added “The assignment of Coast Guard vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of Coast Guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement.”
added
Clerical amendment— The analysis for chapter 9 of title 14, United States Code, is amended by inserting after the item relating to section 951 the following:
Sec. 4311 Contracting for major acquisitions programs
added
added
General acquisition authority— Section 501(d) of title 14, United States Code, is amended by inserting “aircraft, and systems,” after “vessels,”.
added
Contracting authority— Chapter 11 of title 14, United States Code, as amended by this division, is further amended by inserting after section 1136 the following:
added “1137. Contracting for major acquisitions programs
added “(a) In general—In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts for a major acquisition program.
added “(b) Authorized methods—Contracts entered into under subsection (a)—
added “(1) may be block buy contracts;
added “(2) may be incrementally funded;
added “(3) may include combined purchases, also known as economic order quantity purchases, of—
added “(A) materials and components; and
added “(B) long lead time materials; and
added “(4) as provided in section 2306b of title 10, may be multiyear contracts.
added “(c) Subject to appropriations—Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations Acts.”
added
Clerical amendment— The analysis for chapter 11 of title 14, United States Code, as amended by this division, is further amended by inserting after the item relating to section 1136 the following:
added
Conforming amendments— The following provisions are repealed:
added
Section 223 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (14 U.S.C. 1152 note), and the item relating to that section in the table of contents in section 2 of such Act.
added
Section 221(a) of the Coast Guard and Maritime Transportation Act of 2012 (14 U.S.C. 1133 note).
added
Section 207(a) of the Coast Guard Authorization Act of 2016 (14 U.S.C. 561 note).
added
Internal regulations and policy— Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish the internal regulations and policies necessary to exercise the authorities provided under this section, including the amendments made in this section.
added
Multiyear contracts— The Secretary of the department in which the Coast Guard is operating is authorized to enter into a multiyear contract for the procurement of a tenth, eleventh, and twelfth National Security Cutter and associated government-furnished equipment.
Sec. 4312 Officer promotion zones
addedadded Section 2111(a) of title 14, United States Code, is amended by striking “six-tenths.” and inserting “one-half.”.
Sec. 4313 Cross reference
addedadded Section 2129(a) of title 14, United States Code, is amended by inserting “designated under section 2317” after “cadet”.
Sec. 4314 Commissioned service retirement
addedadded For Coast Guard officers who retire in fiscal year 2018 or 2019, the President may reduce the period of active commissioned service required under section 2152 of title 14, United States Code, to a period of not less than 8 years.
Sec. 4315 Leave for birth or adoption of child
added
added
Policy— Section 2512 of title 14, United States Code, is amended—
added
by striking “Not later than 1 year” and inserting the following:
added “(a) In general—Except as provided in subsection (b), not later than 1 year”
added
by adding at the end the following:
added “(b) Leave associated with birth or adoption of child—Notwithstanding subsection (a), sections 701 and 704 of title 10, or any other provision of law, all officers and enlisted members of the Coast Guard shall be authorized leave associated with the birth or adoption of a child during the 1-year period immediately following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted—
added “(1) to take such leave in increments; and
added “(2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).”
added
Flexible work schedules— Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall ensure that a flexible work schedule program under chapter 61 of title 5, United States Code, is in place for officers and enlisted members of the Coast Guard.
Sec. 4316 Clothing at time of discharge
addedadded Section 2705 of title 14, United States Code, and the item relating to that section in the analysis for chapter 27 of that title, are repealed.
Sec. 4317 Unfunded priorities list
added
added
In general— Section 5102 of title 14, United States Code, is amended—
added
by striking subsection (a) and inserting the following:
added “(a) In general—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—
added “(1) the proposed appropriations included in the budget;
added “(2) the total estimated cost of completion based on the proposed appropriations included in the budget;
added “(3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier;
added “(4) an estimated completion date based on the proposed appropriations included in the budget; and
added “(5) an acquisition program baseline, as applicable.”
added
by striking subsection (c) and inserting the following:
added “(c) Definitions—In this section, the term “new capital asset” means—
added “(1) an acquisition program that does not have an approved acquisition program baseline; or
added “(2) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.”
added
Unfunded priorities— Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
added “5106. Unfunded priorities list
added “(a) In general—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a list of each unfunded priority for the Coast Guard.
added “(b) Prioritization—The list required under subsection (a) shall present the unfunded priorities in order from the highest priority to the lowest, as determined by the Commandant.
added “(c) Unfunded priority defined—In this section, the term “unfunded priority” means a program or mission requirement that—
added “(1) has not been selected for funding in the applicable proposed budget;
added “(2) is necessary to fulfill a requirement associated with an operational need; and
added “(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.”
added
Clerical amendment— The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Sec. 4318 Safety of vessels of the Armed Forces
added
added
In general— Section 527 of title 14, United States Code, is amended—
added
in the heading, by striking “naval vessels” and inserting “vessels of the Armed Forces”;
added
in subsection (a), by striking “United States naval vessel” and inserting “vessel of the Armed Forces”;
added
in subsection (b)—
added
by striking “senior naval officer present in command” and inserting “senior officer present in command”; and
added
by striking “United States naval vessel” and inserting “vessel of the Armed Forces”; and
added
by adding at the end the following:
added “(e) For purposes of this title, the term “vessel of the Armed Forces” means—
added “(1) any vessel owned or operated by the Department of Defense or the Coast Guard, other than a time- or voyage-chartered vessel; and
added “(2) any vessel owned and operated by the Department of Transportation that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in paragraph (1).”
added
Clerical amendment— The analysis for chapter 5 of title 14, United States Code, is further amended by striking the item relating to section 527 and inserting the following:
added
Conforming amendments— Section 2510(a)(1) of title 14, United States Code, is amended—
added
by striking “armed forces” and inserting “Armed Forces”; and
added
by striking “section 101(a) of title 10” and inserting “section 527(e)”.
Sec. 4319 Protecting against unmanned aircraft
added
added
In general— Chapter 5 of title 14, United States Code, as amended by this division, is further amended by inserting after section 527 the following:
added “528. Protecting against unmanned aircraft
added “(a) Authority—Notwithstanding title 18 (including section 32, section 1030, sections 2510–2522, and sections 3121–3127), and section 46502 of title 49, the Secretary, or the Secretary’s designee, may take such actions described in subsection (c)(1) as are necessary to mitigate the threat, as defined by the Secretary in consultation with the Secretary of Transportation, that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered vessel or aircraft.
added “(b) Coordination with the Secretary of Transportation—The Secretary, or the Secretary’s designee, shall coordinate with the Secretary of Transportation, including the Administrator of the Federal Aviation Administration, before issuing any guidance or implementing any program or procedures to carry out this section that might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.
added “(c) Actions described
added “(1) The actions described in this paragraph are the following:
added “(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.
added “(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.
added “(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.
added “(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
added “(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
added “(F) Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
added “(2) The Secretary shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.
added “(d) Forfeiture—Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary is subject to forfeiture to the United States.
added “(e) Regulations—The Secretary and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section. The Secretary and the Secretary of Transportation shall coordinate in the development of such guidance.
added “(f) Definitions—In this section:
added “(1) The term covered vessel or aircraft means a vessel or aircraft that—
added “(A)
added “(i) is a vessel or aircraft operated by the Coast Guard; or
added “(ii) is a vessel the Coast Guard is assisting or escorting;
added “(B) is located in the United States (including the territories and possessions of the United States); and
added “(C) is directly involved in a mission of the Coast Guard pertaining to—
added “(i) assisting or escorting a vessel of the Department of Defense;
added “(ii) assisting or escorting a vessel of national security significance, a high interest vessel, a high capacity passenger vessel, or a high value unit, as those terms are defined by the Secretary;
added “(iii) section 91(a) of this title;
added “(iv) assistance in protecting the President or the Vice President (or other officer next in order of succession to the Office of the President) pursuant to the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note);
added “(v) protection of a National Special Security Event, as designated by the Secretary;
added “(vi) air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; or
added “(vii) a search and rescue operation.
added “(2) The terms electronic communication, intercept, oral communication, and wire communication have the meaning given those terms in section 2510 of title 18.
added “(3) The term National Special Security Event has the meaning given the term in section 2001 of the Homeland Security Act of 2002 (6 U.S.C. 601).
added “(4) The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).
added “(g) Preservation of appropriate authority
added “(1) Nothing in this section may be construed to vest in the Secretary any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49.
added “(2) Nothing in this section may be construed to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary under title 14.
added “(h) Privacy protection—Regulations or guidance issued under subsection (e) shall ensure that—
added “(1) the interception or acquisition of or access to communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the Fourth Amendment to the United States Constitution and applicable Federal law;
added “(2) communications to or from an unmanned aircraft system are intercepted, acquired, or accessed only to the extent necessary to support a function of the Department;
added “(3) records of such communications are not maintained for more than 180 days unless the Secretary determines that maintenance of such records—
added “(A) is necessary to support one or more functions of the Department; or
added “(B) is required for a longer period to support a civilian law enforcement agency or by any other applicable law or regulation; and
added “(4) such communications are not disclosed outside the Department unless the disclosure—
added “(A) would fulfill a function of the Department;
added “(B) would support a civilian law enforcement agency or enforcement activities of a regulatory agency in connection with a criminal or civil investigation of, or any regulatory action with regard to, any activity described under subsection (c); or
added “(C) is otherwise required by law or regulation.
added “(i) Semi-annual briefings required
added “(1) Not less than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2017, and every 6 months thereafter until the authority terminates pursuit to subsection (j), the Secretary and the Secretary of Transportation shall jointly provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the activities carried out pursuant to this section. Such briefings shall include—
added “(A) policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System;
added “(B) a description of each instance where an action described in subsection (c)(1) has been taken;
added “(C) how the Secretaries have informed the public as to the possible use of authorities under this section; and
added “(D) how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities.
added “(2) Each briefing under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing.
added “(j) Termination of authority—The authority pursuant to this section shall expire on December 31, 2020, for Department missions unless the President of the United States certifies to Congress, not less than 45 days prior to the expiration date that retaining authority pursuant to this section is in the national security interests of the United States, thereby extending the authority for those mission areas an additional 180 days.”
added
Clerical amendment— The analysis for chapter 5 of title 14, United States Code, as amended by this division, is further amended by inserting after the item relating to section 527 the following:
Sec. 4320 Air facilities
addedadded Section 912 of title 14, United States Code, is amended—
added
by striking subsection (a);
added
by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;
added
in subsection (a) as redesignated—
added
by amending paragraph (3) to read as follows:
added “(3) Public notice and comment
added “(A) In general—Prior to closing an air facility, the Secretary shall provide opportunities for public comment, including the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility.
added “(B) Public meetings—Prior to convening a public meeting under subparagraph (A), the Secretary shall notify each congressional office representing any portion of the area of responsibility of the air station that is the subject to such public meeting of the schedule and location of such public meeting.”
added
in paragraph (4)—
added
in the matter preceding subparagraph (A) by striking “2015” and inserting “2017”; and
added
by amending subparagraph (A) to read as follows:
added “(A) submit to the Congress a proposal for such closure, cessation, or reduction in operations along with the budget of the President submitted to Congress under section 1105(a) of title 31 that includes—
added “(i) a discussion of the determination made by the Secretary pursuant to paragraph (2); and
added “(ii) a report summarizing the public comments received by the Secretary under paragraph (3)”
added
by adding at the end the following:
added “(5) Congressional review—The Secretary may not close, cease operations, or significantly reduce personnel and use of a Coast Guard air facility for which a written notice is provided under paragraph (4)(A) until a period of 18 months beginning on the date on which such notice is provided has elapsed.”
Sec. 4401 Codification of Ports and Waterways Safety Act
added
Codification— Subtitle VII of title 46, United States Code, is amended by inserting before chapter 701 the following:
added “700 Ports and Waterways Safety
added “I Vessel Operations
added “70001. Vessel traffic services
added “(a) Subject to the requirements of section 70004, the Secretary—
added “(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;
added “(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;
added “(3)
added “(A) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety.
added “(B) Notwithstanding subparagraph (A), the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter;
added “(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by—
added “(A) specifying times of entry, movement, or departure;
added “(B) establishing vessel traffic routing schemes;
added “(C) establishing vessel size, speed, or draft limitations and vessel operating conditions; and
added “(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances;
added “(5) may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment; and
added “(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.
added “(b) Cooperative agreements
added “(1) In general—The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1).
added “(2) Limitation
added “(A) A nongovernmental entity may not under this subsection carry out an inherently governmental function.
added “(B) As used in this paragraph, the term “inherently governmental function” means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government.
added “(c) Limitation of liability for coast guard vessel traffic service pilots and non-Federal vessel traffic service operators
added “(1) Coast guard vessel traffic service pilots—Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct.
added “(2) Non-federal vessel traffic service operators—An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct.
added “70002. Special powers
added “The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if—
added “(1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty;
added “(2) the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 of this title; or
added “(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety.
added “70003. Port access routes
added “(a) Authority To designate—Except as provided in subsection (b) and subject to the requirements of subsection (c), in order to provide safe access routes for the movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses.
added “(b) Limitation
added “(1) In general—No designation may be made by the Secretary under this section if—
added “(A) the Secretary determines such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law; and
added “(B) such right has become vested before the time of publication of the notice required by paragraph (1) of subsection (c).
added “(2) Consultation required—The Secretary shall make the determination under paragraph (1)(A) after consultation with the head of the agency responsible for executing the lease or issuing the permit.
added “(c) Consideration of other uses—Before making a designation under subsection (a), and in accordance with the requirements of section 70004, the Secretary shall—
added “(1) undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or that may otherwise be considered and publish notice of such undertaking in the Federal Register;
added “(2) in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration, including, as appropriate, the exploration for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing; and
added “(3) to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved.
added “(d) Study—In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall—
added “(1) proceed expeditiously to complete any study undertaken; and
added “(2) after completion of such a study, promptly—
added “(A) issue a notice of proposed rulemaking for the designation contemplated; or
added “(B) publish in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination.
added “(e) Implementation of designation—In connection with a designation made under this section, the Secretary—
added “(1) shall issue reasonable rules and regulations governing the use of such designated areas, including rules and regulations regarding the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply;
added “(2) to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas beyond the territorial sea of the United States;
added “(3) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the needs of other uses that cannot be reasonably accommodated otherwise, except that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues; and
added “(4) shall, through appropriate channels—
added “(A) notify cognizant international organizations of any designation, or adjustment thereof; and
added “(B) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use, to the same extent as required by the Secretary for vessels of the United States, any fairway or traffic separation scheme designated under this section in any area of the high seas.
added “70004. Considerations by Secretary
added “In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary shall—
added “(1) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including—
added “(A) the scope and degree of the risk or hazard involved;
added “(B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;
added “(C) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;
added “(D) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels;
added “(E) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity;
added “(F) environmental factors;
added “(G) economic impact and effects;
added “(H) existing vessel traffic services; and
added “(I) local practices and customs, including voluntary arrangements and agreements within the maritime community; and
added “(2) at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions.
added “70005. International agreements
added “(a) Transmittal of regulations—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this subchapter, for consideration as international standards.
added “(b) Agreements—The President is authorized and encouraged to—
added “(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, operate, and maintain international vessel traffic services, in areas and under circumstances of mutual concern; and
added “(2) enter into negotiations, through appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas.
added “(c) Operations—The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States in accordance with constitutional requirements, may—
added “(1) require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and
added “(2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exercises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction.
added “(d) Ship reporting systems—The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean:
added “(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W).
added “(2) In the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6′ W with the southern and northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively).
added “II Ports and Waterways Safety
added “70011. Waterfront safety
added “(a) In general—The Secretary may take such action as is necessary to—
added “(1) prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters; and
added “(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss.
added “(b) Actions authorized—Actions authorized by subsection (a) include—
added “(1) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on a structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in section 2101;
added “(2) prescribing minimum safety equipment requirements for a structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties;
added “(3) establishing water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, waters, or shore area; and
added “(4) establishing procedures for examination to assure compliance with the requirements prescribed under this section.
added “(c) State law—Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those that may be prescribed by regulations under this section.
added “70012. Navigational hazards
added “(a) Reporting procedure—The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the Secretary through Coast Guard field offices.
added “(b) Secretary’s response
added “(1) Notification by the operator of a pipeline—Upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, and vessel owners and operators in the pipeline’s vicinity.
added “(2) Notification by other persons—Upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of the pipeline.
added “(c) Pipeline defined—For purposes of this section, the term “pipeline” has the meaning given the term “pipeline facility” in section 60101(a)(18) of title 49.
added “70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States
added “(a) Requirement—As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release.
added “(b) Restriction on use of notification—Any notification provided by an individual in accordance with subsection (a) may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.
added “III Condition for Entry Into Ports in the United States
added “70021. Conditions for entry to ports in the United States
added “(a) In general—No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—
added “(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;
added “(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty;
added “(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;
added “(4) does not comply with any applicable vessel traffic service requirements;
added “(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;
added “(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or
added “(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.
added “(b) Exceptions
added “(1) In general—The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard.
added “(2) Provisions not applicable—Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate.
added “IV Definitions, Regulations, Enforcement, Investigatory Powers, Applicability
added “70031. Definitions
added “As used in subchapters A through C and this subchapter, unless the context otherwise requires:
added “(1) The term “marine environment” means—
added “(A) the navigable waters of the United States and the land and resources therein and thereunder;
added “(B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority;
added “(C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and
added “(D) the recreational, economic, and scenic values of such waters and resources.
added “(2) The term “Secretary” means the Secretary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway.
added “(3) The term “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.
added “70032. Saint Lawrence Seaway
added “The authority granted to the Secretary under sections 70001, 70002, 70003, 7004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters A through C and this subchapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
added “70033. Limitation on application to foreign vessels
added “Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters A through C and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
added “(1) innocent passage through the territorial sea of the United States; or
added “(2) transit through the navigable waters of the United States that form a part of an international strait.
added “70034. Regulations
added “(a) In general—In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters A through C and this subchapter.
added “(b) Consultation—In the exercise of the regulatory authority under subchapters A through C and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including—
added “(1) interested Federal departments and agencies;
added “(2) officials of State and local governments;
added “(3) representatives of the maritime community;
added “(4) representatives of port and harbor authorities or associations;
added “(5) representatives of environmental groups;
added “(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and
added “(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.
added “70035. Investigatory powers
added “(a) Secretary—The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters A through C and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
added “(b) Powers—In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.
added “70036. Enforcement
added “(a) Civil penalty
added “(1) In general—Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated subchapters A through C or this subchapter or a regulation issued under subchapters A through C or this subchapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.
added “(2) Compromise, modification, or remission—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.
added “(3) Failure to pay penalty—If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States.
added “(b) Criminal penalty
added “(1) Class D felony—Any person who willfully and knowingly violates subchapters A through C or this subchapter or any regulation issued thereunder commits a class D felony.
added “(2) Class C felony—Any person who, in the willful and knowing violation of subchapters A through C or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter, commits a class C felony.
added “(c) In rem liability—Any vessel that is used in violation of subchapters A, B, or C or this subchapter, or any regulations issued under such subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found.
added “(d) Injunction—The United States district courts shall have jurisdiction to restrain violations of subchapter A, B, or C or this subchapter or of regulations issued under such subchapter, for cause shown.
added “(e) Denial of entry—Except as provided in section 70021, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with subchapter A, B, or C or this subchapter or the regulations issued under such subchapter—
added “(1) into the navigable waters of the United States; or
added “(2) to any port or place under the jurisdiction of the United States.
added “(f) Withholding of clearance
added “(1) In general—If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
added “(2) Granting clearance refused or revoked—Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.”
added
Clerical amendment— The analysis at the beginning of such subtitle is amended by inserting before the item relating to chapter 701 the following:
Sec. 4402 Conforming amendments
added
Electronic charts—
added
Transfer of provision— Section 4A of the Ports and Waterways Safety Act (33 U.S.C. 1223a)—
added
is redesignated as section 3105 of title 46, United States Code, and transferred to appear after section 3104 of that title; and
added
is amended by striking subsection (b) and inserting the following:
added “(b) Limitation on Application—Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
added “(1) innocent passage through the territorial sea of the United States; or
added “(2) transit through the navigable waters of the United States that form a part of an international strait.”
added
Clerical amendment— The analysis at the beginning of chapter 31 of such title is amended by adding at the end the following:
added
Port, harbor, and coastal facility security—
added
Transfer of provisions— So much of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of that section is redesignated as section 70116 of title 46, United States Code, and transferred so as to replace section 70116 of that title, as in effect before the enactment of this Act.
added
Definitions, administration, and enforcement— Section 70116 of title 46, United States Code, as amended by paragraph (1) of this subsection, is amended by adding at the end the following:
added “(c) Definitions, administration, and enforcement—This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, and 70036.”
added
Clerical amendment— The analysis at the beginning of chapter 701 of such title is amended by striking the item relating to section 70116 and inserting the following:
added
Nondisclosure of port security plans— Subsection (c) of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so designated before the application of subsection (b)(1) of this section—
added
is redesignated as subsection (f) of section 70103 of title 46, United States Code, and transferred so as to appear after subsection (e) of such section; and
added
is amended by striking “this Act” and inserting “this chapter”.
added
Repeal— Section 2307 of title 46, United States Code, and the item relating to that section in the analysis at the beginning of chapter 23 of that title, are repealed.
added
Repeal— The Ports and Waterways Safety Act (33 U.S.C. 1221–1231, 1232–1232b), as amended by this division, is repealed.
Sec. 4403 Transitional and savings provisions
added
added
Definitions— In this section:
added
Source provision— The term “source provision” means a provision of law that is replaced by a title 46 provision under this title.
added
Title 46 provision— The term “title 46 provision” means a provision of title 46, United States Code, that is enacted by section 4402 of this title.
added
Cutoff date— The title 46 provisions replace certain provisions of law enacted before the date of the enactment of this Act. If a law enacted after that date amends or repeals a source provision, that law is deemed to amend or repeal, as the case may be, the corresponding title 46 provision. If a law enacted after that date is otherwise inconsistent with a title 46 provision or a provision of this title, that law supersedes the title 46 provision or provision of this title to the extent of the inconsistency.
added
Original date of enactment unchanged— For purposes of determining whether one provision of law supersedes another based on enactment later in time, a title 46 provision is deemed to have been enacted on the date of enactment of the source provision that the title 46 provision replaces.
added
References to title 46 provisions— A reference to a title 46 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding source provision.
added
References to source provisions— A reference to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 46 provision.
added
Regulations, orders, and other administrative actions— A regulation, order, or other administrative action in effect under a source provision continues in effect under the corresponding title 46 provision.
added
Actions taken and offenses committed— An action taken or an offense committed under a source provision is deemed to have been taken or committed under the corresponding title 46 provision.
Sec. 4404 Rule of construction
addedadded This title, including the amendments made by this title, is intended only to transfer provisions of the Ports and Waterways Safety Act to title 46, United States Code, and may not be construed to alter—
added
the effect of a provision of the Ports and Waterways Safety Act, including any authority or requirement therein;
added
a department or agency interpretation with respect to the Ports and Waterways Safety Act; or
added
a judicial interpretation with respect to the Ports and Waterways Safety Act.
Sec. 4405 Advisory committee: repeal
addedadded Section 18 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2213) is repealed.
Sec. 4406 Regattas and marine parades
added
added
In general— Chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:
added “V Regattas and Marine Parades
added “70041. Regattas and marine parades
added “(a) In general—The Commandant of the Coast Guard may issue regulations to promote the safety of life on navigable waters during regattas or marine parades.
added “(b) Detail and use of vessels—To enforce regulations issued under this section—
added “(1) the Commandant may detail any public vessel in the service of the Coast Guard and make use of any private vessel tendered gratuitously for that purpose; and
added “(2) upon the request of the Commandant, the head of any other Federal department or agency may enforce the regulations by means of any public vessel of such department and any private vessel tendered gratuitously for that purpose.
added “(c) Transfer of authority—The authority of the Commandant under this section may be transferred by the President for any special occasion to the head of another Federal department or agency whenever in the President’s judgment such transfer is desirable.
added “(d) Penalties
added “(1) In general—For any violation of regulations issued pursuant to this section the following penalties shall be incurred:
added “(A) A licensed officer shall be liable to suspension or revocation of license in the manner prescribed by law for incompetency or misconduct.
added “(B) Any person in charge of the navigation of a vessel other than a licensed officer shall be liable to a penalty of $5,000.
added “(C) The owner of a vessel (including any corporate officer of a corporation owning the vessel) actually on board shall be liable to a penalty of $5,000, unless the violation of regulations occurred without the owner’s knowledge.
added “(D) Any other person shall be liable to a penalty of $2,500.
added “(2) Mitigation or remission—The Commandant may mitigate or remit any penalty provided for in this subsection in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws.”
added
Clerical amendment— The analysis for chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:
added
Repeal— The Act of April 28, 1908 (35 Stat. 69, chapter 151; 33 U.S.C. 1233 et seq.), is repealed.
Sec. 4407 Regulation of vessels in territorial waters of United States
added
added
Establishment of subchapter f— Chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:
added “VI Regulation of Vessels in Territorial Waters of United States
added “70054. Definitions
added “In this subchapter:
added “(1) United states—The term “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.
added “(2) Territorial waters—The term “territorial waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.”
added
Regulation of anchorage and movement of vessels during national emergency— Section 1 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 191), is amended—
added
by striking the section designation and all that follows before “by proclamation” and inserting the following:
added “70051. Regulation of anchorage and movement of vessels during national emergency
added “Whenever the President”
added
by striking “of the Treasury”;
added
by striking “of the department in which the Coast Guard is operating”;
added
by striking “this title” and inserting “this subchapter”; and
added
by transferring the section so that the section appears before section 70054 of title 46, United States Code (as added by subsection (a) of this section).
added
Seizure and forfeiture of vessel; fine and imprisonment— Section 2 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), is amended—
added
by striking the section designation and all that follows before “agent,” and inserting the following:
added “70052. Seizure and forfeiture of vessel; fine and imprisonment
added “(a) In general—If any owner,”
added
by striking “this title” each place it appears and inserting “this subchapter”; and
added
by transferring the section so that the section appears after section 70051 of title 46, United States Code (as transferred by subsection (b) of this section).
added
Enforcement provisions— Section 4 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 194), is amended—
added
by striking all before “may employ” and inserting the following:
added “70053. Enforcement provisions
added “The President”
added
by striking “the purpose of this title” and inserting “this subchapter”; and
added
by transferring the section so that the section appears after section 70052 of title 46, United States Code (as transferred by subsection (c) of this section).
added
Clerical amendment— The analysis for chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:
Sec. 4408 Port, harbor, and coastal facility security
added
added
Transfer of provisions— So much of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of that section is redesignated as section 70102a of title 46, United States Code, and transferred so as to appear after section 70102 of that title.
added
Definitions, administration, and enforcement— Section 70102a of title 46, United States Code, as amended by paragraph (1) of this subsection, is amended by adding at the end the following:
added “(c) Definitions, administration, and enforcement—This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, and 70036.”
added
Clerical amendment— The analysis at the beginning of chapter 701 of such title is amended by inserting after the item relating to section 70102 the following:
added
Nondisclosure of port security plans— Subsection (c) of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so designated before the application of subsection (b)(1) of this section—
added
is redesignated as subsection (f) of section 70103 of title 46, United States Code, and transferred so as to appear after subsection (e) of such section; and
added
is amended by striking “this Act” and inserting “this chapter”.
Sec. 4501 Consistency in marine inspections
added
In general— Section 3305 of title 46, United States Code, is amended by adding at the end the following:
added “(d)
added “(1) The Commandant of the Coast Guard shall ensure that Officers in Charge, Marine Inspections consistently interpret regulations and standards under this subtitle and chapter 700 to avoid disruption and undue expense to industry.
added “(2)
added “(A) Subject to subparagraph (B), in the event of a disagreement regarding the condition of a vessel or the interpretation of a regulation or standard referred to in subsection (a) between a local Officer in Charge, Marine Inspection conducting an inspection of the vessel and the Officer in Charge, Marine Inspection that issued the most recent certificate of inspection for the vessel, such Officers shall seek to resolve such disagreement.
added “(B) If a disagreement described in subparagraph (A) involves vessel design or plan review, the Coast Guard marine safety center shall be included in all efforts to resolve such disagreement.
added “(C) If a disagreement described in subparagraph (A) or (B) cannot be resolved, the local Officer in Charge, Marine Inspection shall submit to the Commandant of the Coast Guard, through the cognizant Coast Guard district commander, a request for a final agency determination of the matter in disagreement.
added “(3) The Commandant of the Coast Guard shall—
added “(A) provide to each person affected by a decision or action by an Officer in Charge, Marine Inspection or by the Coast Guard marine safety center all information necessary for such person to exercise any right to appeal such decision or action; and
added “(B) if such an appeal is filed, process such appeal under parts 1 through 4 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2017.
added “(4) In this section, the term “Officer in Charge, Marine Inspection” means any person from the civilian or military branch of the Coast Guard who—
added “(A) is designated as such by the Commandant; and
added “(B) under the superintendence and direction of the cognizant Coast Guard district commander, is in charge of an inspection zone for the performance of duties with respect to the inspections under, and enforcement and administration of, subtitle II, chapter 700, and regulations under such laws.”
added
Report on marine inspector training— Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the training, experience, and qualifications required for assignment as a marine inspector under section 312 of title 14, United States Code, including—
added
a description of any continuing education requirement, including a specific list of the required courses;
added
a description of the training, including a specific list of the included courses, offered to a journeyman or an advanced journeyman marine inspector to advance inspection expertise;
added
a description of any training that was offered in the 15-year period before the date of the enactment of this Act, but is no longer required or offered, including a specific list of the included courses, including the senior marine inspector course and any plan review courses;
added
a justification for why a course described in paragraph (3) is no longer required or offered; and
added
a list of the course content the Commandant considers necessary to promote consistency among marine inspectors in an environment of increasingly complex vessels and vessel systems.
Sec. 4502 Uninspected passenger vessels in St. Louis County, Minnesota
added Section 4105 of title 46, United States Code, amended—
added
by redesignating subsection (c) as subsection (d); and
added
by inserting after subsection (b) the following:
added “(c) In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101(42).”
Sec. 4503 Engine cut-off switch requirements
added
added
In general— Chapter 43 of title 46, United States Code, is amended by adding at the end the following:
added “4312. Engine cut-off switches
added “(a) Installation requirement—A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A-33, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2017.
added “(b) Education on cut-off switches—The Commandant of the Coast Guard, through the National Boating Safety Advisory Committee established under section 15105, may initiate a boating safety program on the use and benefits of cut-off switches for recreational vessels.
added “(c) Availability of Standard for inspection
added “(1) In general—Not later than 90 days after the date of the enactment of this section, the Commandant shall transmit American Boat and Yacht Council Standard A–33, as in effect on the date of enactment of the Coast Guard Authorization Act of 2017, to—
added “(A) the Committee on Transportation and Infrastructure of the House of Representatives;
added “(B) the Committee on Commerce, Science, and Transportation of the Senate; and
added “(C) the Coast Guard Office of Design and Engineering Standards; and
added “(D) the National Archives and Records Administration.
added “(2) Availability—The standard submitted under paragraph (1) shall be kept on file and available for public inspection at such Coast Guard office and the National Archives and Records Administration.
added “(d) Definitions—In this section:
added “(1) Covered recreational vessel—The term “covered recreational vessel” means a recreational vessel that is—
added “(A) less than 26 feet overall in length; and
added “(B) capable of developing 115 pounds or more of static thrust.
added “(2) Dealer—The term “dealer” means any person who is engaged in the sale and distribution of recreational vessels or associated equipment to purchasers whom the seller in good faith believes to be purchasing any such vessel or associated equipment for purposes other than resale.
added “(3) Distributor—The term “distributor” means any person engaged in the sale and distribution of recreational vessels and associated equipment for the purposes of resale.
added “(4) Manufacturer—The term “equipment manufacturer” means any person engaged in the manufacture, construction, or assembly of recreational vessels or associated equipment, or the importation of recreational vessels into the United States for subsequent sale.
added “(5) Propulsion machinery—The term “propulsion machinery” means a self-contained propulsion system, and includes, but is not limited to, inboard engines, outboard motors, and sterndrive engines.
added “(6) Static thrust—The term “static thrust” means the forward or backwards thrust developed by propulsion machinery while stationary.”
added
Clerical amendment— The analysis at the beginning of such chapter is amended by adding at the end the following:
added
Effective date— Section 4312 of title 46, United States Code, as amended by this section, shall take effect one year after the date of the enactment of this Act.
Sec. 4504 Exception from survival craft requirements
addedadded Section 4502(b) of title 46, United States Code, is amended—
added
in paragraph (2)(B), by striking “a survival craft” and inserting “subject to paragraph (3), a survival craft”;
added
by adding at the end the following:
added “(3) Except for a nonapplicable vessel, an auxiliary craft shall satisfy the equipment requirement under paragraph (2)(B) if such craft is—
added “(A) necessary for normal fishing operations;
added “(B) readily accessible during an emergency; and
added “(C) capable, in accordance with the Coast Guard capacity rating, when applicable, of safely holding all individuals on board the vessel to which the craft functions as an auxiliary.”
added
by adding at the end the following:
added “(k) For the purposes of this section, the term “auxiliary craft” means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations.”
Sec. 4505 Safety standards
addedadded Section 4502(f) of title 46, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following:
added “(2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, but may require an exam at dockside every 2 years for certain vessels described in subsection (b) if requested by the owner or operator; and
added “(3) shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements in paragraph (2).”
Sec. 4506 Fishing safety grants
addedadded Section 4502 of title 46, United States Code, is amended—
added
in subsections (i) and (j), by striking “Secretary” each place it appears and inserting “Secretary of Health and Human Services”;
added
in subsection (i)(2), as amended by paragraph (1), by inserting “, in consultation with and based on criteria established by the Commandant of the Coast Guard” after “Health and Human Services”;
added
in subsection (i)(3), by striking “75” and inserting “50”;
added
in subsection (i)(4), by striking “$3,000,000 for each of fiscal years 2015 through 2017” and inserting “$3,000,000 for each of fiscal years 2018 through 2019”;
added
in subsection (j)(2), as amended by paragraph (1), by inserting “, in consultation with and based on criteria established by the Commandant of the Coast Guard,” after “Health and Human Services”;
added
in subsection (j)(3), by striking “75” and inserting “50”; and
added
in subsection (j)(4), by striking “$3,000,000 for each fiscal years 2015 through 2017” and inserting “$3,000,000 for each of fiscal years 2018 through 2019”.
Sec. 4507 Fishing, fish tender, and fish processing vessel certification
addedadded Section 4503(f) of title 46, United States Code, as redesignated by section 4508 of this title, is further amended to read as follows:
added “(f)
added “(1) For purposes of this section and section 4503a, the term “built” means, with respect to a vessel, that the vessel’s construction has reached any of the following stages:
added “(A) The vessel’s keel is laid.
added “(B) Construction identifiable with the vessel has begun and assembly of that vessel has commenced comprising of at least 50 metric tons or one percent of the estimated mass of all structural material, whichever is less.
added “(2) In the case of a vessel greater than 79 feet overall in length, for purposes of paragraph (1)(A) a keel is deemed to be laid when a marine surveyor affirms that a structure adequate for serving as a keel for such vessel is in place and identified for use in the construction of such vessel.”
Sec. 4508 Deadline for compliance with alternate safety compliance program
added
added
In general— Section 4503(d) of title 46, United States Code, is redesignated as section 4503a and transferred to appear after section 4503 of such title.
added
Fishing, fish tender, and fish processing vessel certification— Section 4503 of title 46, United States Code, is amended—
added
by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively;
added
in subsection (b), by striking “subsection (d)” and inserting “section 4503a”;
added
in subsection (c)(2)(B)(ii)(I), by striking “subsection (e)” and inserting “subsection (d)”;
added
in subsection (c)(2)(B)(ii)(II), by striking “subsection (f)” and inserting “subsection (e)”;
added
in subsection (e)(1), as amended by paragraph (1) of this subsection, by striking “subsection (e)” each place it appears and inserting “subsection (d)”; and
added
in subsection (e)(2), as amended by paragraph (1) of this subsection, by striking “subsection (e)” each place it appears and inserting “subsection (d)”;
added
Alternate safety compliance program— Section 4503a of title 46, United States Code, as redesignated and transferred by subsection (a) of this section, is amended—
added
by redesignating paragraphs (1), (2), (3), (4), and (5) as subsections (a), (b), (c), (d), and (e), respectively;
added
by inserting before subsection (a), as so redesignated, the following:
added “4503a. Alternate safety compliance program”
added
in subsection (a), as redesignated by paragraph (1) of this subsection, by striking “After January 1, 2020,” and all that follows through “the Secretary, if” and inserting “Subject to subsection (c), beginning on the date that is 3 years after the date that the Secretary prescribes an alternate safety compliance program, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with such an alternate safety compliance program, if”;
added
in subsection (a), as so redesignated, by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively;
added
in subsection (b), as so redesignated, by striking “establishes standards for an alternate safety compliance program, shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary” and inserting “prescribes an alternate safety compliance program under subsection (a), shall comply with such an alternate safety compliance program”;
added
by amending subsection (c), as so redesignated, to read as follows:
added “(c) For purposes of subsection (a), a separate alternate safety compliance program may be developed for a specific region or specific fishery.”
added
in subsection (d), as so redesignated—
added
by striking “paragraph (1)” and inserting “subsection (a)”; and
added
by striking “that paragraph” each place it appears and inserting “that subsection”;
added
in subsection (e), as so redesignated, by—
added
inserting “is not eligible to participate in an alternative safety compliance program prescribed under subsection (a) and” after “July 1, 2012”; and
added
redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;
added
by adding at the end the following:
added “(f) For the purposes of this section, the term “built” has the meaning given that term in section 4503(f).”
added
Clerical amendment— The analysis at the beginning of chapter 45 of such title is amended by inserting after the item relating to section 4503 the following
added
Conforming amendment— Section 3104 of title 46, United States Code, is amended by striking “section 4503(e)” and inserting “section 4503(d)”.
added
Final rule— Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a final rule implementing the requirements enumerated in section 4503(d) of title 46, as amended by subsection (b)(1) of this section.
added
Alternate safety compliance program status report—
added
In general— Not later than January 1, 2019, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the development of the alternate safety compliance program directed by section 4503a of title 46, United States Code, as redesignated by subsection (c).
added
Contents— The report required under paragraph (1) shall include discussion of—
added
steps taken in the rulemaking process to establish the alternate safety compliance program;
added
communication and collaboration between the Coast Guard, the department in which the Coast Guard is operating, and the commercial fishing vessel industry regarding the development of the alternate safety compliance program;
added
consideration given to developing alternate safety compliance programs for specific regions and fisheries, as authorized in section 4503a(c) of such title, as redesignated by subsection (c);
added
any identified legislative changes necessary to implement an effective alternate safety compliance program; and
added
the timeline and planned actions that will be taken to implement regulations necessary to fully establish an alternate safety compliance program before January 1, 2020.
Sec. 4509 Termination of unsafe operations; technical correction
addedadded Section 4505(2) of title 46, United States Code, is amended—
added
by striking “4503(1)” and inserting “4503(a)(2)”; and
added
by inserting before the period the following: “, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies”.
Sec. 4510 Technical corrections: Licenses, certificates of registry, and merchant mariner documents
addedadded Title 46, United States Code, is amended—
added
in section 7106(b), by striking “merchant mariner’s document,” and inserting “license,”;
added
in section 7107(b), by striking “merchant mariner’s document,” and inserting “certificate of registry,”;
added
in section 7507(b)(1), by striking “licenses or certificates of registry” and inserting “merchant mariner documents”; and
added
in section 7507(b)(2) by striking “merchant mariner’s document.” and inserting “license or certificate of registry.”.
Sec. 4511 Clarification of logbook entries
added
added
In general— Section 11304 of title 46, United States Code, is amended—
added
in subsection (a), by striking “an official logbook, which” and inserting “a logbook, which may be in any form, including electronic, and”; and
added
in subsection (b), by amending paragraph (3) to read as follows:
added “(3) Each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the injury or illness.”
added
Technical amendment— Section 11304(b) is amended by striking “log book” and inserting “logbook”.
Sec. 4512 Certificates of documentation for recreational vessels
addedadded Section 12105 of title 46, United States Code, is amended by adding at the end the following:
added “(e) Effective Period
added “(1) In general—Except as provided in paragraphs (2) and (3), a certificate of documentation issued under this part is valid for a 1-year period and may be renewed for additional 1-year periods.
added “(2) Recreational vessels
added “(A) In general—A certificate of documentation for a recreational vessel and the renewal of such a certificate shall be effective for a 5-year period.
added “(B) Phase-in period—During the period beginning January 1, 2019, and ending December 31, 2021, the owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for such a certificate of documentation for such vessel or the renewal thereof.
added “(C) Fees
added “(i) Requirement—The Secretary shall assess and collect a fee—
added “(I) for the issuance of a certificate of documentation for a recreational vessel that is equivalent to the fee established for the issuance of a certificate of documentation under section 2110; and
added “(II) for the renewal of a certificate of documentation for a recreational vessel that is equivalent to the number of years of effectiveness of the certificate of documentation multiplied by the fee established for the renewal of a certificate of documentation under section 2110.
added “(ii) Treatment—Fees collected under this subsection—
added “(I) shall be credited to the account from which the costs of such issuance or renewal were paid; and
added “(II) may remain available until expended.
added “(3) Notice of change in information
added “(A) Requirement—The owner of a vessel shall notify the Coast Guard of each change in the information on which the issuance of the certificate of documentation for the vessel is based that occurs before the expiration of the certificate under this subsection, by not later than 30 days after such change.
added “(B) Termination of certificate—The certificate of documentation for a vessel shall terminate upon the expiration of such 30-day period if the owner has not notified the Coast Guard of such change before the end of such period.
added “(4) State and local authority to remove abandoned and derelict vessels—Nothing in this section shall be construed to limit the authority of a State or local authority from taking action to remove an abandoned or derelict vessel.”
Sec. 4513 Numbering for undocumented barges
addedadded Section 12301(b) of title 46, United States Code, is amended—
added
by striking “shall” and inserting “may”; and
added
by inserting “of” after “barge”.
Sec. 4514 Backup global positioning system
added
added
Short title— This section may be cited as the “National Timing Resilience and Security Act of 2018”.
added
In general— Chapter 3 of title 49, United States Code, is amended by adding at the end the following:
added “312. Alternative timing system
added “(a) In general—Subject to the availability of appropriations and not later than 3 years after the date of the enactment of the National Timing Resilience and Security Act of 2018, the Secretary shall establish a land-based, resilient, and reliable alternative timing system—
added “(1) to reduce critical dependencies on, and provide a complement to and backup for, the timing component of the Global Positioning System; and
added “(2) to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable.
added “(b) Establishment of requirements
added “(1) In general—Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary shall establish requirements for the procurement of a land-based complement to and backup for the timing component of GPS.
added “(2) Requirements—The Secretary shall consider the following requirements for the system, to the degree practicable:
added “(A) Be wireless.
added “(B) Be terrestrial.
added “(C) Provide wide-area coverage.
added “(D) Be synchronized with coordinated universal time.
added “(E) Be resilient and extremely difficult to disrupt or degrade.
added “(F) Be able to penetrate underground and inside buildings.
added “(G) Be capable of deployment to remote locations.
added “(H) Incorporate the expertise of the private sector with respect to development, building, and installation.
added “(I) Be interoperable with and complement other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems.
added “(J) Be available for use by Federal and non-Federal government agencies for public purposes at no cost.
added “(K) Be capable of adaptation and expansion to provide position and navigation capabilities.
added “(L) Incorporate the recommendations and next actions from any GPS back-up capability demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies.
added “(M) Incorporate such other requirements determined necessary by the Secretary.
added “(c) Implementation plan—Not later than 1 year after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the establishment of the system authorized by subsection (a). Such plan shall describe the work necessary to provide a follow-on complementary and backup positioning and navigation capability.
added “(d) Funding
added “(1) In general—The Secretary of the department in which the Coast Guard is operating shall transfer, without reimbursement, to the Secretary to carry out this section the following:
added “(A) Notwithstanding section 914 of title 14, or any other provision of law, such infrastructure comprising the Long-Range Navigation (LORAN) system, including any real and personal property under the administrative control of the Coast Guard and used for the LORAN system, as the Secretary determines necessary for the purposes described in subsection (a).
added “(B) Any funds specifically appropriated or made available for the purposes described in subsection (a), and such funds shall remain available until expended, without fiscal year limitation.
added “(2) Liabilities and responsibilities
added “(A) Nothing in this subsection may be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
added “(B) The Secretary shall assume all environmental compliance and restoration responsibilities and liabilities associated with real property transferred under paragraph (1)(A).
added “(e) Agreement
added “(1) In general—Federal agencies may not make commitments under this section (including cooperative agreements (as that term is defined under section 6305 of title 31), leases, service contracts, or any other type of commitment) unless funds are specifically provided for such purposes in advance in subsequent appropriations Acts, and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made.
added “(2) Competition required—The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into an agreement to fulfill the purpose or this section.
added “(3) Determination—Prior to entering into any agreement under this subsection, the Secretary must determine that the use of such agreement is in the best financial interest of the Federal Government.
added “(f) Definitions—In this section:
added “(1) Entity—The term entity means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any such terms and conditions as may be established by the Secretary.
added “(2) GPS—The term GPS means the Global Positioning System.
added “(3) Secretary—The term Secretary means the Secretary of Transportation.”
added
Table of contents— The table of contents for chapter 3 of title 49, United States Code, is amended by adding at the end the following:
Sec. 4515 Scientific personnel
addedadded Section 2101(31) of title 46, United States Code, is amended—
added
by inserting “(A) Subject to subparagraph (B),” before the text; and
added
by adding at the end the following:
added “(B)
added “(i) Such term includes an individual who is on board an oceanographic research vessel only to—
added “(I) engage in scientific research;
added “(II) instruct in oceanography or limnology; or
added “(III) receive instruction in oceanography or limnology.
added “(ii) For purposes of clause (i), the age of an individual may not be considered in determining whether the individual is described in such clause.”
Sec. 4516 Transparency
added
added
In general— The Commandant of the Coast Guard shall publish any letter of determination issued by the Coast Guard National Vessel Documentation Center after the date of the enactment of this Act on the National Vessel Documentation Center website not later than 30 days after the date of issuance of such letter of determination.
added
Audit—
added
In general— The Comptroller General of the United States shall conduct an audit, the results of which shall be made publicly available, of—
added
the method or process by which the Coast Guard National Vessel Documentation Center develops policy for and documents compliance with the requirements of section 67.97 of title 46, Code of Federal Regulations, for the purpose of issuing endorsements under section 12112 and 12113 of title 46, United States Code;
added
the coordination between the Coast Guard and U.S. Customs and Border Protection with respect to the enforcement of such requirements; and
added
the extent to which the Secretary of the department in which the Coast Guard is operating and the Secretary of Transportation, through the Maritime Administration, have published and disseminated information to promote compliance with applicable vessel construction requirements.
added
Report— Not later than 90 days after the audit under paragraph (1) is complete, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the results of and recommendations made pursuant to such audit.
added
Outline— Not later than 180 days after the date of the submission of the Comptroller General of the United States report required under subsection (b), the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an outline of plans—
added
to enhance the transparency of the documentation process, and communications with the maritime industry regarding such process over the next 5 years; and
added
to implement the recommendations made by the Comptroller General of the United States in the report required under subsection (b)(2).
Sec. 4601 National maritime transportation advisory committees
added
In general— Subtitle II of title 46, United States Code, is amended by adding at the end the following:
added “K National Maritime Transportation Advisory Committees
added “151 National Maritime Transportation Advisory Committees
added “15101. National Chemical Transportation Safety Advisory Committee
added “(a) Establishment—There is established a National Chemical Transportation Safety Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall advise the Secretary on matters relating to the safe and secure marine transportation of hazardous materials.
added “(c) Membership
added “(1) In general—The Committee shall consist of not more than 25 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Each member of the Committee shall represent 1 of the following:
added “(A) Chemical manufacturing entities.
added “(B) Entities related to marine handling or transportation of chemicals.
added “(C) Vessel design and construction entities.
added “(D) Marine safety or security entities.
added “(E) Marine environmental protection entities.
added “(4) Distribution—The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).
added “15102. National Commercial Fishing Safety Advisory Committee
added “(a) Establishment—There is established a National Commercial Fishing Safety Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall—
added “(1) advise the Secretary on matters relating to the safe operation of vessels to which chapter 45 of this title applies, including the matters of—
added “(A) navigation safety;
added “(B) safety equipment and procedures;
added “(C) marine insurance;
added “(D) vessel design, construction, maintenance, and operation; and
added “(E) personnel qualifications and training; and
added “(2) review regulations proposed under chapter 45 of this title (during preparation of the regulations).
added “(c) Membership
added “(1) In general—The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) 10 members shall represent the commercial fishing industry and—
added “(i) as a group, shall together reflect a regional and representational balance; and
added “(ii) as individuals, shall each have experience—
added “(I) in the operation of vessels to which chapter 45 of this title applies; or
added “(II) as a crew member or processing line worker on a fish processing vessel.
added “(B) 1 member shall represent naval architects and marine engineers.
added “(C) 1 member shall represent manufacturers of equipment for vessels to which chapter 45 of this title applies.
added “(D) 1 member shall represent education and training professionals related to fishing vessel, fish processing vessel, and fish tender vessel safety and personnel qualifications.
added “(E) 1 member shall represent underwriters that insure vessels to which chapter 45 of this title applies.
added “(F) 1 member shall represent owners of vessels to which chapter 45 of this title applies.
added “(G) 3 members shall represent the general public and, to the extent possible, shall include—
added “(i) an independent expert or consultant in maritime safety;
added “(ii) a marine surveyor who provides services to vessels to which chapter 45 of this title applies; and
added “(iii) a person familiar with issues affecting fishing communities and the families of fishermen.
added “15103. National Merchant Marine Personnel Advisory Committee
added “(a) Establishment—There is established a National Merchant Marine Personnel Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall advise the Secretary on matters relating to personnel in the United States merchant marine, including the training, qualifications, certification, documentation, and fitness of mariners.
added “(c) Membership
added “(1) In general—The Committee shall consist of 19 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) 9 members shall represent mariners and, of the 9—
added “(i) each shall—
added “(I) be a citizen of the United States; and
added “(II) hold an active license or certificate issued under chapter 71 of this title or a merchant mariner document issued under chapter 73 of this title;
added “(ii) 3 shall be deck officers who represent merchant marine deck officers and, of the 3—
added “(I) 2 shall be licensed for oceans any gross tons;
added “(II) 1 shall be licensed for inland river route with a limited or unlimited tonnage;
added “(III) 2 shall have a master’s license or a master of towing vessels license;
added “(IV) 1 shall have significant tanker experience; and
added “(V) to the extent practicable—
added “(aa) 1 shall represent labor; and
added “(bb) 1 shall represent management;
added “(iii) 3 shall be engineering officers who represent merchant marine engineering officers and, of the 3—
added “(I) 2 shall be licensed as chief engineer any horsepower;
added “(II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and
added “(III) to the extent practicable—
added “(aa) 1 shall represent labor; and
added “(bb) 1 shall represent management;
added “(iv) 2 shall be unlicensed seamen who represent merchant marine unlicensed seaman and, of the 2—
added “(I) 1 shall represent able-bodied seamen; and
added “(II) 1 shall represent qualified members of the engine department; and
added “(v) 1 shall be a pilot who represents merchant marine pilots.
added “(B) 6 members shall represent marine educators and, of the 6—
added “(i) 3 shall be marine educators who represent maritime academies and, of the 3—
added “(I) 2 shall represent State maritime academies (and are jointly recommended by such academies); and
added “(II) 1 shall represent either State maritime academies or the United States Merchant Marine Academy; and
added “(ii) 3 shall be marine educators who represent other maritime training institutions and, of the 3, 1 shall represent the small vessel industry.
added “(C) 2 members shall represent shipping companies employed in ship operation management.
added “(D) 2 members shall represent the general public.
added “15104. National Merchant Mariner Medical Advisory Committee
added “(a) Establishment—There is established a National Merchant Mariner Medical Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall advise the Secretary on matters relating to—
added “(1) medical certification determinations for the issuance of licenses, certification of registry, and merchant mariners’ documents with respect to merchant mariners;
added “(2) medical standards and guidelines for the physical qualifications of operators of commercial vessels;
added “(3) medical examiner education; and
added “(4) medical research.
added “(c) Membership
added “(1) In general—The Committee shall consist of 14 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) 9 shall represent health-care professionals and have particular expertise, knowledge, and experience regarding the medical examinations of merchant mariners or occupational medicine.
added “(B) 5 shall represent professional mariners and have particular expertise, knowledge, and experience in occupational requirements for mariners.
added “15105. National Boating Safety Advisory Committee
added “(a) Establishment—There is established a National Boating Safety Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall advise the Secretary on matters relating to national boating safety.
added “(c) Membership
added “(1) In general—The Committee shall consist of 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) 7 members shall represent State officials responsible for State boating safety programs.
added “(B) 7 members shall represent recreational vessel and associated equipment manufacturers.
added “(C) 7 members shall represent the general public or national recreational boating organizations and, of the 7, at least 5 shall represent national recreational boating organizations.
added “15106. National Offshore Safety Advisory Committee
added “(a) Establishment—There is established a National Offshore Safety Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall advise the Secretary on matters relating to activities directly involved with, or in support of, the exploration of offshore mineral and energy resources, to the extent that such matters are within the jurisdiction of the Coast Guard.
added “(c) Membership
added “(1) In general—The Committee shall consist of 15 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) 2 members shall represent entities engaged in the production of petroleum.
added “(B) 2 members shall represent entities engaged in offshore drilling.
added “(C) 2 members shall represent entities engaged in the support, by offshore supply vessels or other vessels, of offshore mineral and oil operations, including geophysical services.
added “(D) 1 member shall represent entities engaged in the construction of offshore exploration and recovery facilities.
added “(E) 1 member shall represent entities engaged in diving services related to offshore construction, inspection, and maintenance.
added “(F) 1 member shall represent entities engaged in safety and training services related to offshore exploration and construction.
added “(G) 1 member shall represent entities engaged in pipelaying services related to offshore construction.
added “(H) 2 members shall represent individuals employed in offshore operations and, of the 2, 1 shall have recent practical experience on a vessel or offshore unit involved in the offshore mineral and energy industry.
added “(I) 1 member shall represent national environmental entities.
added “(J) 1 member shall represent deepwater ports.
added “(K) 1 member shall represent the general public (but not a specific environmental group).
added “15107. National Navigation Safety Advisory Committee
added “(a) Establishment—There is established a National Navigation Safety Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall advise the Secretary on matters relating to maritime collisions, rammings, and groundings, Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, and aids to navigation systems.
added “(c) Membership
added “(1) In general—The Committee shall consist of not more than 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Each member of the Committee shall represent 1 of the following:
added “(A) Commercial vessel owners or operators.
added “(B) Professional mariners.
added “(C) Recreational boaters.
added “(D) The recreational boating industry.
added “(E) State agencies responsible for vessel or port safety.
added “(F) The Maritime Law Association.
added “(4) Distribution—The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).
added “15108. National Towing Safety Advisory Committee
added “(a) Establishment—There is established a National Towing Safety Advisory Committee (in this section referred to as the “Committee”).
added “(b) Function—The Committee shall advise the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety.
added “(c) Membership
added “(1) In general—The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) 7 members shall represent the barge and towing industry, reflecting a regional geographic balance.
added “(B) 1 member shall represent the offshore mineral and oil supply vessel industry.
added “(C) 1 member shall represent masters and pilots of towing vessels who hold active licenses and have experience on the Western Rivers and the Gulf Intracoastal Waterway.
added “(D) 1 member shall represent masters of towing vessels in offshore service who hold active licenses.
added “(E) 1 member shall represent masters of active ship-docking or harbor towing vessels.
added “(F) 1 member shall represent licensed and unlicensed towing vessel engineers with formal training and experience.
added “(G) 2 members shall represent port districts, authorities, or terminal operators.
added “(H) 2 members shall represent shippers and, of the 2, 1 shall be engaged in the shipment of oil or hazardous materials by barge.
added “(I) 2 members shall represent the general public.
added “15109. Administration
added “(a) Meetings—Each committee established under this chapter shall, at least once each year, meet at the call of the Secretary or a majority of the members of the committee.
added “(b) Employee status—A member of a committee established under this chapter shall not be considered an employee of the Federal Government by reason of service on such committee, except for the purposes of the following:
added “(1) Chapter 81 of title 5.
added “(2) Chapter 171 of title 28 and any other Federal law relating to tort liability.
added “(c) Compensation—Notwithstanding subsection (b), a member of a committee established under this chapter, when actually engaged in the performance of the duties of such committee, may—
added “(1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5; or
added “(2) if not compensated in accordance with paragraph (1)—
added “(A) be reimbursed for actual and reasonable expenses incurred in the performance of such duties; or
added “(B) be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.
added “(d) Acceptance of volunteer services—A member of a committee established under this chapter may serve on such committee on a voluntary basis without pay without regard to section 1342 of title 31 or any other law.
added “(e) Status of members
added “(1) In general—Except as provided in paragraph (2), with respect to a member of a committee established under this chapter whom the Secretary appoints to represent an entity or group—
added “(A) the member is authorized to represent the interests of the applicable entity or group; and
added “(B) requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member.
added “(2) Exception—Notwithstanding subsection (b), a member of a committee established under this chapter shall be treated as a special Government employee for purposes of the committee service of the member if—
added “(A) the Secretary appointed the member to represent the general public; or
added “(B) the member, without regard to service on the committee, is a special Government employee.
added “(f) Service on Committee
added “(1) Solicitation of nominations—Before appointing an individual as a member of a committee established under this chapter, the Secretary shall publish, in the Federal Register, a timely notice soliciting nominations for membership on such committee.
added “(2) Appointments
added “(A) In general—After considering nominations received pursuant to a notice published under paragraph (1), the Secretary may, as necessary, appoint a member to the applicable committee established under this chapter.
added “(B) Prohibition—The Secretary shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to any committee established under this chapter.
added “(3) Service at pleasure of the Secretary
added “(A) In general—Each member of a committee established under this chapter shall serve at the pleasure of the Secretary.
added “(B) Exception—Notwithstanding subparagraph (A), a member of the committee established under section 15102 may only be removed prior to the end of the term of that member for just cause.
added “(4) Security background examinations—The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this chapter.
added “(5) Prohibition
added “(A) In general—Except as provided in subparagraph (B), a Federal employee may not be appointed as a member of a committee established under this chapter.
added “(B) Special rule for National Merchant Marine Personnel Advisory Committee—The Secretary may appoint a Federal employee to serve as a member of the National Merchant Marine Personnel Advisory Committee to represent the interests of the United States Merchant Marine Academy and, notwithstanding paragraphs (1) and (2), may do so without soliciting, receiving, or considering nominations for such appointment.
added “(6) Terms
added “(A) In general—The term of each member of a committee established under this chapter shall expire on December 31 of the third full year after the effective date of the appointment.
added “(B) Continued service after term—When the term of a member of a committee established under this chapter ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed.
added “(7) Vacancies—A vacancy on a committee established under this chapter shall be filled in the same manner as the original appointment.
added “(8) Special rule for reappointments—Notwithstanding paragraphs (1) and (2), the Secretary may reappoint a member of a committee established under this chapter for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment.
added “(g) Staff services—The Secretary shall furnish to each committee established under this chapter any staff and services considered by the Secretary to be necessary for the conduct of the committee’s functions.
added “(h) Chairman; Vice Chairman
added “(1) In general—Each committee established under this chapter shall elect a Chairman and Vice Chairman from among the committee’s members.
added “(2) Vice Chairman acting as Chairman—The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.
added “(i) Subcommittees and working groups
added “(1) In general—The Chairman of a committee established under this chapter may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the committee.
added “(2) Participants—Subject to conditions imposed by the Chairman, members of a committee established under this chapter and additional persons drawn from entities or groups designated by this chapter to be represented on the committee or the general public may be assigned to subcommittees and working groups established under paragraph (1).
added “(3) Chair—Only committee members may chair subcommittees and working groups established under paragraph (1).
added “(j) Consultation, advice, reports, and recommendations
added “(1) Consultation
added “(A) In general—Before taking any significant action, the Secretary shall consult with, and consider the information, advice, and recommendations of, a committee established under this chapter if the function of the committee is to advise the Secretary on matters related to the significant action.
added “(B) Inclusion—For purposes of this paragraph, regulations proposed under chapter 45 of this title are significant actions.
added “(2) Advice, reports, and recommendations—Each committee established under this chapter shall submit, in writing, to the Secretary its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the committee.
added “(3) Explanation of actions taken—Not later than 60 days after the date on which the Secretary receives recommendations from a committee under paragraph (2), the Secretary shall—
added “(A) publish the recommendations on a website accessible at no charge to the public;
added “(B) if the recommendations are from the committee established under section 15102, establish a mechanism for the submission of public comments on the recommendations; and
added “(C) respond, in writing, to the committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations.
added “(4) Submission to Congress
added “(A) In general—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the advice, reports, and recommendations received from committees under paragraph (2).
added “(B) Additional submission—With respect to a committee established under section 70112 and to which this section applies, the Secretary shall submit the advice, reports, and recommendations received from the committee under paragraph (2) to the Committee on Homeland Security of the House of Representatives in addition to the committees specified in subparagraph (A).
added “(k) Observers—Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a committee established under this chapter may designate a representative to—
added “(1) attend any meeting of such committee; and
added “(2) participate as an observer at meetings of such committee that relate to such a matter.
added “(l) Termination—Each committee established under this chapter shall terminate on September 30, 2027.”
added
Clerical amendment— The analysis for subtitle II of title 46, United States Code, is amended by inserting after the item relating to chapter 147 the following:
added
Conforming amendments—
added
Commercial Fishing Safety Advisory Committee— Section 4508 of title 46, United States Code, and the item relating to that section in the analysis for chapter 45 of that title, are repealed.
added
Merchant Mariner Medical Advisory Committee— Section 7115 of title 46, United States Code, and the item relating to that section in the analysis for chapter 71 of that title, are repealed.
added
Merchant Marine Personnel Advisory Committee—
added
Repeal— Section 8108 of title 46, United States Code, and the item relating to that section in the analysis for chapter 81 of that title, are repealed.
added
Conforming amendment— Section 7510(c)(1)(C) of title 46, United States Code, is amended by inserting “National” before “Merchant Marine”.
added
National Boating Safety Advisory Council—
added
Repeal— Section 13110 of title 46, United States Code, and the item relating to that section in the analysis for chapter 131 of that title, are repealed.
added
Conforming amendments—
added
Regulations— Section 4302(c)(4) of title 46, United States Code, is amended by striking “Council established under section 13110 of this title” and inserting “Committee established under section 15105 of this title”.
added
Repair and replacement of defects— Section 4310(f) of title 46, United States Code, is amended by striking “Advisory Council” and inserting “Advisory Committee”.
added
Navigation Safety Advisory Council— Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is repealed.
added
Towing Safety Advisory Committee—
added
Repeal— Public Law 96–380 (33 U.S.C. 1231a) is repealed.
added
Conforming amendments—
added
Reduction of oil spills from single hull non-self-propelled tank vessels— Section 3719 of title 46, United States Code, is amended by inserting “National” before “Towing Safety”.
added
Safety equipment— Section 4102(f)(1) of title 46, United States Code, is amended by inserting “National” before “Towing Safety”.
added
Treatment of existing councils and committees— Notwithstanding any other provision of law—
added
an advisory council or committee substantially similar to an advisory committee established under chapter 151 of title 46, United States Code, as added by this division, and that was in force or in effect on the day before the date of enactment of this section, including a council or committee the authority for which was repealed under subsection (c), may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the council or committee may remain in force or in effect; and
added
during the 2-year period referenced in paragraph (1)—
added
requirements relating to the applicable advisory committee established under chapter 151 of title 46, United States Code, shall be treated as satisfied by the substantially similar advisory council or committee; and
added
the enactment of this section, including the amendments made in this section, shall not be the basis—
added
to deem, find, or declare such council or committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;
added
to suspend the activities of such council or committee; or
added
to bar the members of such council or committee from meeting.
Sec. 4602 Maritime Security Advisory Committees
added
In general— Section 70112 of title 46, United States Code, is amended to read as follows:
added “70112. Maritime Security Advisory Committees
added “(a) National Maritime Security Advisory Committee
added “(1) Establishment—There is established a National Maritime Security Advisory Committee (in this subsection referred to as the ‘Committee’).
added “(2) Function—The Committee shall advise the Secretary on matters relating to national maritime security.
added “(3) Membership
added “(A) In general—The Committee shall consist of at least 8 members, but not more than 21 members, appointed by the Secretary in accordance with this subsection and section 15109 of this title.
added “(B) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(C) Representation—Each of the following shall be represented by at least 1 member of the Committee:
added “(i) Port authorities.
added “(ii) Facilities owners and operators.
added “(iii) Terminal owners and operators.
added “(iv) Vessel owners and operators.
added “(v) Maritime labor organizations.
added “(vi) The academic community.
added “(vii) State and local governments.
added “(viii) The maritime industry.
added “(D) Distribution—If the Committee consists of at least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee who represent each entity specified in that subparagraph. Neither this subparagraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in subparagraph (C).
added “(4) Administration—For purposes of section 15109 of this title, the Committee shall be treated as a committee established under chapter 151 of such title.
added “(b) Area Maritime Security Advisory Committees
added “(1) In general
added “(A) Establishment—The Secretary may—
added “(i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and
added “(ii) request such a committee to review the proposed Area Maritime Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the committee considers appropriate.
added “(B) Additional functions and meetings—A committee established under this subsection for an area—
added “(i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area;
added “(ii) may make available to the Congress recommendations that the committee makes to the Secretary; and
added “(iii) shall meet at the call of—
added “(I) the Secretary, who shall call such a meeting at least once during each calendar year; or
added “(II) a majority of the committee.
added “(2) Membership
added “(A) In general—Each committee established under this subsection shall consist of at least 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.
added “(B) Terms—The term of each member of a committee established under this subsection shall be for a period of not more than 5 years, specified by the Secretary.
added “(C) Notice—Before appointing an individual to a position on a committee established under this subsection, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.
added “(D) Background examinations—The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection.
added “(E) Representation—Each committee established under this subsection shall be composed of individuals who represent the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.
added “(3) Chairperson and Vice Chairperson
added “(A) In general—Each committee established under this subsection shall elect 1 of the committee’s members as the Chairperson and 1 of the committee’s members as the Vice Chairperson.
added “(B) Vice Chairperson acting as Chairperson—The Vice Chairperson shall act as Chairperson in the absence or incapacity of the Chairperson, or in the event of a vacancy in the office of the Chairperson.
added “(4) Observers
added “(A) In general—The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with a committee established under this subsection.
added “(B) Role—The Secretary's designated representative to a committee established under this subsection shall act as the executive secretary of the committee and shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
added “(5) Consideration of Views—The Secretary shall consider the information, advice, and recommendations of each committee established under this subsection in formulating policy regarding matters affecting maritime security.
added “(6) Compensation and Expenses
added “(A) In general—A member of a committee established under this subsection, when attending meetings of the committee or when otherwise engaged in the business of the committee, is entitled to receive—
added “(i) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–15 of the General Schedule under section 5332 of title 5 including travel time; and
added “(ii) travel or transportation expenses under section 5703 of title 5.
added “(B) Status—A member of a committee established under this subsection shall not be considered to be an officer or employee of the United States for any purpose based on the receipt of any payment under this paragraph.
added “(7) FACA—The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a committee established under this subsection.”
added
Treatment of existing committee— Notwithstanding any other provision of law—
added
an advisory committee substantially similar to the National Maritime Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, and that was in force or in effect on the day before the date of enactment of this section, may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the committee may remain in force or in effect; and
added
during the 2-year period referenced in paragraph (1)—
added
requirements relating to the National Maritime Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, shall be treated as satisfied by the substantially similar advisory committee; and
added
the enactment of this section, including the amendments made in this section, shall not be the basis—
added
to deem, find, or declare such committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;
added
to suspend the activities of such committee; or
added
to bar the members of such committee from meeting.
Sec. 4701 Short title
added This title may be cited as the “Federal Maritime Commission Authorization Act of 2017”.
Sec. 4702 Authorization of appropriations
addedadded Section 308 of title 46, United States Code, is amended by striking “$24,700,000 for each of fiscal years 2016 and 2017” and inserting “$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019”.
Sec. 4703 Reporting on impact of alliances on competition
addedadded Section 306 of title 46, United States Code, is amended—
added
in subsection (b)—
added
in paragraph (4), by striking “; and” and inserting a semicolon;
added
in paragraph (5), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(6) an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition.”
added
by adding at the end the following:
added “(c) Definition of certain covered services—In this section, the term certain covered services has the meaning given the term in section 40102.”
Sec. 4704 Definition of certain covered services
addedadded Section 40102 of title 46, United States Code, is amended—
added
by redesignating paragraphs (5) through (25) as paragraphs (6) through (26), respectively; and
added
by inserting after paragraph (4), the following:
added “(5) Certain covered services—For purposes of sections 41105 and 41307, the term certain covered services means, with respect to a vessel—
added “(A) the berthing or bunkering of the vessel;
added “(B) the loading or unloading of cargo to or from the vessel to or from a point on a wharf or terminal;
added “(C) the positioning, removal, or replacement of buoys related to the movement of the vessel; and
added “(D) with respect to injunctive relief under section 41307, towing vessel services provided to such a vessel.”
Sec. 4705 Reports filed with the Commission
addedadded Section 40104(a) of title 46, United States Code, is amended to read as follows:
added “(a) Reports
added “(1) In general—The Federal Maritime Commission may require a common carrier or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of the common carrier or marine terminal operator to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator, as applicable.
added “(2) Requirements—Any report, account, record, rate, charge, or memorandum required to be filed under paragraph (1) shall—
added “(A) be made under oath if the Commission requires; and
added “(B) be filed in the form and within the time prescribed by the Commission.
added “(3) Limitation—The Commission shall—
added “(A) limit the scope of any filing ordered under this section to fulfill the objective of the order; and
added “(B) provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order.”
Sec. 4706 Public participation
added
added
Notice of filing— Section 40304(a) of title 46, United States Code, is amended to read as follows:
added “(a) Notice of filing—Not later than 7 days after the date an agreement is filed, the Federal Maritime Commission shall—
added “(1) transmit a notice of the filing to the Federal Register for publication; and
added “(2) request interested persons to submit relevant information and documents.”
added
Request for information and documents— Section 40304(d) of title 46, United States Code, is amended by striking “section” and inserting “part”.
added
Saving clause— Nothing in this section, or the amendments made by this section, may be construed—
added
to prevent the Federal Maritime Commission from requesting from a person, at any time, any additional information or documents the Commission considers necessary to carry out chapter 403 of title 46, United States Code;
added
to prescribe a specific deadline for the submission of relevant information and documents in response to a request under section 40304(a)(2) of title 46, United States Code; or
added
to limit the authority of the Commission to request information under section 40304(d) of title 46, United States Code.
Sec. 4707 Ocean transportation intermediaries
added
added
License requirement— Section 40901(a) of title 46, United States Code, is amended by inserting “advertise, hold oneself out, or” after “may not”.
added
Applicability— Section 40901 of title 46, United States Code, is amended by adding at the end the following:
added “(c) Applicability—Subsection (a) and section 40902 do not apply to a person that performs ocean transportation intermediary services on behalf of an ocean transportation intermediary for which it is a disclosed agent.”
added
Financial responsibility— Section 40902(a) of title 46, United States Code, is amended by inserting “advertise, hold oneself out, or” after “may not”.
Sec. 4708 Common carriers
added
added
Section 41104 of title 46, United States Code, is amended—
added
in the matter preceding paragraph (1), by inserting “(a) In general.—” before “A common carrier”;
added
in subsection (a), as designated—
added
by amending paragraph (11) to read as follows:
added “(11) knowingly and willfully accept cargo from or transport cargo for the account of a non-vessel-operating common carrier that does not have a tariff as required by section 40501 of this title, or an ocean transportation intermediary that does not have a bond, insurance, or other surety as required by section 40902 of this title;”
added
in paragraph (12), by striking the period at the end and inserting “; or”; and
added
by adding at the end the following:
added “(13) continue to participate simultaneously in a rate discussion agreement and an agreement to share vessels, in the same trade, if the interplay of the authorities exercised by the specified agreements is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost.”
added
by adding at the end the following:
added “(b) Rule of construction—Notwithstanding any other provision of law, there is no private right of action to enforce the prohibition under subsection (a)(13).
added “(c) Agreement violation—Participants in an agreement found by the Commission to violate subsection (a)(13) shall have 90 days from the date of such Commission finding to withdraw from the agreement as necessary to comply with that subsection.”
added
Application— Section 41104(a)(13) of title 46, United States Code, as amended, shall apply to any agreement filed or with an effective date before, on, or after the date of enactment of this Act.
Sec. 4709 Negotiations
added
added
Concerted action— Section 41105 of title 46, United States Code, is amended—
added
by redesignating paragraphs (5) through (8) as paragraphs (7) through (10), respectively; and
added
by inserting after paragraph (4) the following:
added “(5) negotiate with a tug or towing vessel service provider on any matter relating to rates or services provided within the United States by those tugs or towing vessels;
added “(6) with respect to a vessel operated by an ocean common carrier within the United States, negotiate for the purchase of certain covered services, unless the negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this part, except that this paragraph does not prohibit the setting and publishing of a joint through rate by a conference, joint venture, or association of ocean common carriers;”
added
Authority— Chapter 411 of title 46, United States Code, is amended—
added
by inserting after section 41105 the following:
added “41105A. Authority
added “Nothing in section 41105, as amended by the Federal Maritime Commission Authorization Act of 2017, shall be construed to limit the authority of the Department of Justice regarding antitrust matters.”
added
in the analysis at the beginning of chapter 411, by inserting after the item relating to section 41105 the following:
added
Exemption— Section 40307(b)(1) of title 46, United States Code, is amended by inserting “tug operators,” after “motor carriers,”.
Sec. 4710 Injunctive relief sought by the Commission
added
added
In general— Section 41307(b) of title 46, United States Code is amended—
added
in paragraph (1) by inserting “or to substantially lessen competition in the purchasing of certain covered services” after “transportation cost”; and
added
by adding at the end the following:
added “(4) Competition factors—In making a determination under this subsection regarding whether an agreement is likely to substantially lessen competition in the purchasing of certain covered services, the Commission may consider any relevant competition factors in affected markets, including, without limitation, the competitive effect of agreements other than the agreement under review.”
added
Application— Section 41307(b) of title 46, United States Code, as amended, shall apply to any agreement filed or with an effective date before, on, or after the date of enactment of this Act.
Sec. 4711 Discussions
added
added
In general— Section 303 of title 46, United States Code, is amended to read as follows:
added “303. Meetings
added “(a) In general—The Federal Maritime Commission shall be deemed to be an agency for purposes of section 552b of title 5.
added “(b) Record—The Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission.
added “(c) Nonpublic collaborative discussions
added “(1) In general—Notwithstanding section 552b of title 5, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if—
added “(A) no formal or informal vote or other official agency action is taken at the meeting;
added “(B) each individual present at the meeting is a Commissioner or an employee of the Commission;
added “(C) at least 1 Commissioner from each political party is present at the meeting, if applicable; and
added “(D) the General Counsel of the Commission is present at the meeting.
added “(2) Disclosure of nonpublic collaborative discussions—Except as provided under paragraph (3), not later than 2 business days after the conclusion of a meeting under paragraph (1), the Commission shall make available to the public, in a place easily accessible to the public—
added “(A) a list of the individuals present at the meeting; and
added “(B) a summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under section 552b(c) of title 5.
added “(3) Exception—If the Commission properly determines matters may be withheld from the public under section 555b(c) of title 5, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public.
added “(4) Ongoing proceedings—If a meeting under paragraph (1) directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (2) on the date of the final Commission decision.
added “(5) Preservation of open meetings requirements for agency action—Nothing in this subsection may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the Commissioners other than that described in this subsection.
added “(6) Statutory construction—Nothing in this subsection may be construed—
added “(A) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under paragraph (2)(B) of this subsection; or
added “(B) to authorize the Commission to withhold from any individual any record that is accessible to that individual under section 552a of title 5.”
added
Table of contents— The analysis at the beginning of chapter 3 of title 46, United States Code, is amended by amending the item relating to section 303 to read as follows:
Sec. 4712 Transparency
added
added
In general— Beginning not later than 60 days after the date of enactment of this Act, the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives biannual reports that describe the Commission's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.
added
Format of reports— Each report under subsection (a) shall, among other things, clearly identify for each unfinished regulatory proceeding—
added
the popular title;
added
the current stage of the proceeding;
added
an abstract of the proceeding;
added
what prompted the action in question;
added
any applicable statutory, regulatory, or judicial deadline;
added
the associated docket number;
added
the date the rulemaking was initiated;
added
a date for the next action; and
added
if a date for next action identified in the previous report is not met, the reason for the delay.
Sec. 4713 Study of bankruptcy preparation and response
added
added
Study— The Comptroller General of the United States shall conduct a study that examines the immediate aftermath of a major ocean carrier bankruptcy and its impact through the supply chain. The study shall consider any financial mechanisms that could be used to mitigate the impact of any future bankruptcy events on the supply chain.
added
Report— No later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings, conclusions, and recommendations, if any, from the study required under subsection (a).
Sec. 4714 Agreements unaffected
addedadded Nothing in this division may be construed—
added
to limit or amend the definition of “agreement” in section 40102(1) of title 46, United States Code, with respect to the exclusion of maritime labor agreements; or
added
to apply to a maritime labor agreement (as defined in section 40102(15) of that title).
Sec. 4801 Repeal of obsolete reporting requirement
addedadded Subsection (h) of section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) is repealed.
Sec. 4802 Corrections to provisions enacted by Coast Guard Authorization Acts
addedadded Section 604(b) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by inserting “and fishery endorsement” after “endorsement”.
Sec. 4803 Officer evaluation report
added
added
In general— Not later than 3 years after the date of the enactment of this Act, the Commandant of the Coast Guard shall reduce lieutenant junior grade evaluation reports to the same length as an ensign or place lieutenant junior grade evaluations on an annual schedule.
added
Surveys— Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall conduct surveys of—
added
outgoing promotion board members and assignment officers to determine, at a minimum—
added
which sections of the officer evaluation report were most useful;
added
which sections of the officer evaluation report were least useful;
added
how to better reflect high performers; and
added
any recommendations for improving the officer evaluation report; and
added
at least 10 percent of the officers from each grade of officers from O1 to O6 to determine how much time each member of the rating chain spends on that member’s portion of the officer evaluation report.
added
Revisions—
added
In general— Not later than 4 years after the date of the completion of the surveys required by subsection (b), the Commandant of the Coast Guard shall revise the officer evaluation report, and provide corresponding directions, taking into account the requirements under paragraph (2).
added
Requirements— In revising the officer evaluation report under paragraph (1), the Commandant shall—
added
consider the findings of the surveys under subsection (b);
added
improve administrative efficiency;
added
reduce and streamline performance dimensions and narrative text;
added
eliminate redundancy with the officer specialty management system and any other record information systems that are used during the officer assignment or promotion process;
added
provide for fairness and equity for Coast Guard officers with regard to promotion boards, selection panels, and the assignment process; and
added
ensure officer evaluation responsibilities can be accomplished within normal working hours—
added
to minimize any impact to officer duties; and
added
to eliminate any need for an officer to take liberty or leave for administrative purposes.
added
Report—
added
In general— Not later than 545 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the surveys under subsection (b).
added
Format— The report under paragraph (1) shall be formatted by each rank, type of board, and position, as applicable.
Sec. 4804 Extension of authority
addedadded Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2950) is amended—
added
in subsection (a), in the text preceding paragraph (1), by striking “sections 3304, 5333, and 5753” and inserting “section 3304”; and
added
by striking subsection (b), and redesignating subsection (c) as subsection (b).
Sec. 4805 Coast Guard ROTC program
addedadded Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the costs and benefits of creating a Coast Guard Reserve Officers’ Training Corps Program based on the other Armed Forces programs.
Sec. 4806 Currency detection canine team program
added
added
Definitions— In this section:
added
Canine currency detection team— The term “canine currency detection team” means a canine and a canine handler that are trained to detect currency.
added
Secretary— The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.
added
Establishment— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to allow the use of canine currency detection teams for purposes of Coast Guard maritime law enforcement, including underway vessel boardings.
added
Operation— The Secretary may cooperate with, or enter into an agreement with, the head of another Federal agency to meet the requirements under subsection (b).
Sec. 4807 Center of expertise for Great Lakes oil spill search and response
added
added
In general— Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall establish a Center of Expertise for Great Lakes Oil Spill Preparedness and Response (referred to in this section as the “Center of Expertise”) in accordance with section 313 of title 14, United States Code, as amended by this division.
added
Location— The Center of Expertise shall be located in close proximity to—
added
critical crude oil transportation infrastructure on and connecting the Great Lakes, such as submerged pipelines and high-traffic navigation locks; and
added
an institution of higher education with adequate aquatic research laboratory facilities and capabilities and expertise in Great Lakes aquatic ecology, environmental chemistry, fish and wildlife, and water resources.
added
Functions— The Center of Expertise shall—
added
monitor and assess, on an ongoing basis, the current state of knowledge regarding freshwater oil spill response technologies and the behavior and effects of oil spills in the Great Lakes;
added
identify any significant gaps in Great Lakes oil spill research, including an assessment of major scientific or technological deficiencies in responses to past spills in the Great Lakes and other freshwater bodies, and seek to fill those gaps;
added
conduct research, development, testing, and evaluation for freshwater oil spill response equipment, technologies, and techniques to mitigate and respond to oil spills in the Great Lakes;
added
educate and train Federal, State, and local first responders located in Coast Guard District 9 in—
added
the incident command system structure;
added
Great Lakes oil spill response techniques and strategies; and
added
public affairs; and
added
work with academic and private sector response training centers to develop and standardize maritime oil spill response training and techniques for use on the Great Lakes.
added
Definition— In this section, the term “Great Lakes” means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario.
Sec. 4808 Public safety answering points and maritime search and rescue coordination
addedadded Not later than 180 days after the date of the enactment of this Act—
added
the Secretary of the department in which the Coast Guard is operating acting through the Commandant of the Coast Guard shall review Coast Guard policies and procedures for public safety answering points and search-and-rescue coordination with State and local law enforcement entities in order to—
added
further minimize the possibility of maritime 911 calls being improperly routed; and
added
assure the Coast Guard is able to effectively carry out the Coast Guard’s maritime search and rescue mission; and
added
the Commandant shall—
added
formulate a national maritime public safety answering points policy; and
added
submit a report to the Congress on such assessment and policy, which shall include an update to the report submitted in accordance with section 233 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014.
Sec. 4809 Ship shoal lighthouse transfer: repeal
addedadded Effective January 1, 2021, section 27 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2218) is repealed.
Sec. 4810 Land exchange, Ayakulik Island, Alaska
added
added
Land exchange; Ayakulik Island, Alaska— If the owner of Ayakulik Island, Alaska, offers to exchange the Island for the Tract—
added
within 10 days after receiving such offer, the Secretary shall provide notice of the offer to the Commandant;
added
within 90 days after receiving the notice under paragraph (1), the Commandant shall develop and transmit to the Secretary proposed operational restrictions on commercial activity conducted on the Tract, including the right of the Commandant to—
added
order the immediate termination, for a period of up to 72 hours, of any activity occurring on or from the Tract that violates or threatens to violate one or more of such restrictions; or
added
commence a civil action for appropriate relief, including a permanent or temporary injunction enjoining the activity that violates or threatens to violate such restrictions;
added
within 90 days after receiving the proposed operational restrictions from the Commandant, the Secretary shall transmit such restrictions to the owner of Ayakulik Island; and
added
within 30 days after transmitting the proposed operational restrictions to the owner of Ayakulik Island, and if the owner agrees to such restrictions, the Secretary shall convey all right, title, and interest of the United States in and to the Tract to the owner, subject to an easement granted to the Commandant to enforce such restrictions, in exchange for all right, title, and interest of such owner in and to Ayakulik Island.
added
Boundary revisions— The Secretary may make technical and conforming revisions to the boundaries of the Tract before the date of the exchange.
added
Public land order— Effective on the date of an exchange under subsection (a), Public Land Order 5550 shall have no force or effect with respect to submerged lands that are part of the Tract.
added
Failure to timely respond to notice— If the Commandant does not transmit proposed operational restrictions to the Secretary within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice, convey all right, title, and interest of the United States in and to the Tract to the owner of Ayakulik Island in exchange for all right, title, and interest of such owner in and to Ayakulik Island.
added
CERCLA not affected— This section and an exchange under this section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
added
Definitions— In this section:
added
Commandant— The term “Commandant” means the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard.
added
Secretary— The term “Secretary” means the Secretary of the Interior.
added
Tract— The term “Tract” means the land (including submerged land) depicted as “PROPOSED PROPERTY EXCHANGE AREA” on the survey titled “PROPOSED PROPERTY EXCHANGE PARCEL” and dated 3/22/17.
Sec. 4811 Use of Tract 43
addedadded Section 524(e)(2) of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120), as amended by section 3533 of the Pribilof Island Transition Completion Amendments Act of 2016 (subtitle B of title XXXV of Public Law 114–328), is amended by—
added
striking “each month” and inserting “each April and October”; and
added
striking “previous month” and inserting “previous six months”.
Sec. 4812 Coast Guard maritime domain awareness
added
added
In general— The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the Coast Guard.
added
Assessment— The assessment shall—
added
describe the potential limitations of current and emerging unmanned technologies used in the maritime domain for—
added
ocean observation;
added
vessel monitoring and identification;
added
weather observation;
added
to the extent practicable for consideration by the Academy, intelligence gathering, surveillance, and reconnaissance; and
added
communications;
added
examine how technologies described in paragraph (1) can help prioritize Federal investment by examining;
added
affordability, including acquisition, operations, and maintenance;
added
reliability;
added
versatility;
added
efficiency; and
added
estimated service life and persistence of effort; and
added
analyze whether the use of new and emerging maritime domain awareness technologies can be used to—
added
carry out Coast Guard missions at lower costs;
added
expand the scope and range of Coast Guard maritime domain awareness;
added
allow the Coast Guard to more efficiently and effectively allocate Coast Guard vessels, aircraft, and personnel; and
added
identify adjustments that would be necessary in Coast Guard policies, procedures, and protocols to incorporate unmanned technologies to enhance efficiency.
added
Report to Congress— Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit the assessment prepared under this section to the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
added
Use of information— In formulating costs pursuant to subsection (b), the National Academy of Sciences may utilize information from other Coast Guard reports, assessments, or analyses regarding existing Coast Guard manpower requirements or other reports, assessments, or analyses for the acquisition of unmanned, autonomous, or remotely controlled technologies by the Federal Government.
Sec. 4813 Monitoring
added
added
In general— The Secretary of the department in which the Coast Guard is operating shall conduct a 1-year pilot program to determine the impact of persistent use of different types of surveillance systems on illegal maritime activities, including illegal, unreported, and unregulated fishing, in the Western Pacific region.
added
Requirements— The pilot program shall—
added
consider the use of light aircraft-based detection systems that can identify potential illegal activity from high altitudes and produce enforcement-quality evidence at low altitudes; and
added
be directed at detecting and deterring illegal maritime activities, including illegal, unreported, and unregulated fishing, and enhancing maritime domain awareness.
Sec. 4814 Reimbursements for non-Federal construction costs of certain aids to navigation
added
added
In general— Subject to the availability of amounts specifically provided in advance in subsequent appropriations Acts and in accordance with this section, the Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project.
added
Conditions— The Commandant may not provide reimbursement under subsection (a) with respect to a covered project unless—
added
the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel;
added
the Commandant determines, through an appropriate navigation safety analysis, that the project is necessary to ensure safe marine transportation;
added
the Commandant approves the design of the project to ensure that it meets all applicable Coast Guard aids-to-navigation standards and requirements;
added
the non-Federal entity agrees to transfer the project upon completion to the Coast Guard for operation and maintenance by the Coast Guard as a Federal aid to navigation;
added
the non-Federal entity carries out the project in accordance with the same laws and regulations that would apply to the Coast Guard if the Coast Guard carried out the project, including obtaining all permits required for the project under Federal and State law; and
added
the Commandant determines that the project satisfies such additional requirements as may be established by the Commandant.
added
Limitations— Reimbursements under subsection (a) may not exceed the following:
added
For a single covered project, $5,000,000.
added
For all covered projects in a single fiscal year, $5,000,000.
added
Expiration— The authority granted under this section shall expire on the date that is 4 years after the date of enactment of this section.
added
Covered project defined— In this section, the term “covered project” means a project carried out—
added
by a non-Federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a Federal navigation project authorized by title I of the Water Resources Development Act of 2007 (Public Law 110–114); and
added
in an area that was affected by Hurricane Harvey.
Sec. 4815 Towing safety management system fees
added
added
Review— The Commandant of the Coast Guard shall—
added
review and compare the costs to the Government of—
added
towing vessel inspections performed by the Coast Guard; and
added
such inspections performed by a third party; and
added
based on such review and comparison, determine whether the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard.
added
Revision of fees— If the Commandant determines under subsection (a) that the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard, then the Commandant shall revise the fee assessed by the Coast Guard for such inspections as necessary to conform to the requirements under section 9701 of title 31, United States Code, that such fee be based on the cost to the Government of such inspections and accurately reflect such costs.
Sec. 4816 Oil spill disbursements auditing and report
addedadded Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended—
added
by repealing subsection (g);
added
in subsection (l)(1), by striking “Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,” and inserting “Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code,”; and
added
by amending subsection (l)(2) to read as follows:
added “(2) Contents—The report shall include—
added “(A) a list of each incident that—
added “(i) occurred in the preceding fiscal year; and
added “(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more;
added “(B) a list of each incident that—
added “(i) occurred in the fiscal year preceding the preceding fiscal year; and
added “(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more; and
added “(C) an accounting of any amounts reimbursed to the Fund in the preceding fiscal year that were recovered from a responsible party for an incident that resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more.”
Sec. 4817 Fleet requirements assessment and strategy
added
added
Report— Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with interested Federal and non-Federal stakeholders, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report including—
added
an assessment of Coast Guard at-sea operational fleet requirements to support its statutory missions established in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
added
a strategic plan for meeting the requirements identified under paragraph (1).
added
Contents— The report under subsection (a) shall include—
added
an assessment of—
added
the extent to which the Coast Guard at-sea operational fleet requirements referred to in subsection (a)(1) are currently being met;
added
the Coast Guard’s current fleet, its operational lifespan, and how the anticipated changes in the age and distribution of vessels in the fleet will impact the ability to meet at-sea operational requirements;
added
fleet operations and recommended improvements to minimize costs and extend operational vessel life spans; and
added
the number of Fast Response Cutters, Offshore Patrol Cutters, and National Security Cutters needed to meet at-sea operational requirements as compared to planned acquisitions under the current programs of record;
added
an analysis of—
added
how the Coast Guard at-sea operational fleet requirements are currently met, including the use of the Coast Guard’s current cutter fleet, agreements with partners, chartered vessels, and unmanned vehicle technology; and
added
whether existing and planned cutter programs of record (including the Fast Response Cutter, Offshore Patrol Cutter, and National Security Cutter) will enable the Coast Guard to meet at-sea operational requirements; and
added
a description of—
added
planned manned and unmanned vessel acquisition; and
added
how such acquisitions will change the extent to which the Coast Guard at-sea operational requirements are met.
added
Consultation and transparency—
added
Consultation— In consulting with the Federal and non-Federal stakeholders under subsection (a), the Secretary of the department in which the Coast Guard is operating shall—
added
provide the stakeholders with opportunities for input—
added
prior to initially drafting the report, including the assessment and strategic plan; and
added
not later than 3 months prior to finalizing the report, including the assessment and strategic plan, for submission; and
added
document the input and its disposition in the report.
added
Transparency— All input provided under paragraph (1) shall be made available to the public.
added
Ensuring maritime coverage— In order to meet Coast Guard mission requirements for search and rescue, ports, waterways, and coastal security, and maritime environmental response during recapitalization of Coast Guard vessels, the Coast Guard shall ensure continuity of the coverage, to the maximum extent practicable, in the locations that may lose assets.
Sec. 4818 National Security Cutter
added
added
Standard method for tracking— The Commandant of the Coast Guard may not certify an eighth National Security Cutter as Ready for Operations before the date on which the Commandant provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
added
a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair; and
added
a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) that, at a minimum—
added
compares over a 30-year period the average annualized baseline cost and performances for a certified National Security Cutter that operated for 185 days away from homeport or an equivalent alternative measure of operational tempo—
added
against the cost of a 15 percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a National Security Cutter; and
added
against the cost of the acquisition and operation of an additional National Security Cutter; and
added
examines the optimal level of operational employment of National Security Cutters to balance National Security Cutter cost and mission performance.
added
Conforming amendments—
added
Section 221(b) of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1560) is repealed.
added
Section 204(c)(1) of the Coast Guard Authorization Act of 2016 (130 Stat. 35) is repealed.
Sec. 4819 Acquisition plan for inland waterway and river tenders and bay-class icebreakers
added
added
Acquisition plan— Not later than 270 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to replace or extend the life of the Coast Guard fleet of inland waterway and river tenders, and the Bay-class icebreakers.
added
Contents— The plan under subsection (a) shall include—
added
an analysis of the work required to extend the life of vessels described in subsection (a);
added
recommendations for which, if any, such vessels it is cost effective to undertake a ship-life extension or enhanced maintenance program;
added
an analysis of the aids to navigation program to determine if advances in navigation technology may reduce the needs for physical aids to navigation;
added
recommendations for changes to physical aids to navigation and the distribution of such aids that reduce the need for the acquisition of vessels to replace the vessels described in subsection (a);
added
a schedule for the acquisition of vessels to replace the vessels described in subsection (a), including the date on which the first vessel will be delivered;
added
the date such acquisition will be complete;
added
a description of the order and location of replacement vessels;
added
an estimate of the cost per vessel and of the total cost of the acquisition program of record; and
added
an analysis of whether existing vessels can be used.
Sec. 4820 Great Lakes icebreaker acquisition
added
added
Icebreaking on the Great Lakes— For fiscal years 2018 and 2019, the Commandant of the Coast Guard may use funds made available pursuant to section 4902 of title 14, United States Code, as amended by this division, for the construction of an icebreaker that is at least as capable as the Coast Guard Cutter Mackinaw to enhance icebreaking capacity on the Great Lakes.
added
Acquisition plan— Not later than 45 days after the date of enactment of this Act, the Commandant shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for acquiring an icebreaker described in subsections (a) and (b). Such plan shall include—
added
the details and schedule of the acquisition activities to be completed; and
added
a description of how the funding for Coast Guard acquisition, construction, and improvements that was appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115–31) will be allocated to support the acquisition activities referred to in paragraph (1).
Sec. 4821 Polar icebreakers
added
added
Enhanced maintenance program for the Polar Star—
added
In general— Subject to the availability of appropriations, the Commandant of the Coast Guard shall conduct an enhanced maintenance program on Coast Guard Cutter Polar Star (WAGB–10) to extend the service life of such vessel until at least December 31, 2025.
added
Requirement for report— Not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2017, the Secretary of the department in which the Coast Guard is operating, in consultation with Naval Sea Systems Command, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed report describing a plan to extend the service life of the Coast Guard Cutter Polar Star (WAGB–10) until at least December 31, 2025, through an enhanced maintenance program.
added
Content— The report required by paragraph (2) shall include the following:
added
An assessment and discussion of the enhanced maintenance program recommended by the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment in the letter report “Acquisition and Operation of Polar Icebreakers: Fulfilling the Nation’s Needs”.
added
An assessment and discussion of the Government Accountability Office’s concerns and recommendations regarding service life extension work on Coast Guard Cutter Polar Star (WAGB–10) in the report “Status of the Coast Guard’s Polar Icebreaking Fleet Capability and Recapitalization Plan”.
added
Based upon a materiel condition assessment of the Coast Guard Cutter Polar Star (WAGB–10)—
added
a description of the service life extension needs of the vessel;
added
detailed information regarding planned shipyard work for each fiscal year to meet such needs; and
added
an estimate of the amount needed to be appropriated to complete the enhanced maintenance program.
added
A plan to ensure the vessel will maintain seasonally operational status during the enhanced maintenance program.
added
Authorization of appropriations— The Commandant of the Coast Guard may use funds made available pursuant to section 4902 of title 14, United States Code, as amended by section 4202 of this division, for the enhanced maintenance program described in the report required by subsection (a).
added
Overdue report— Upon the date of enactment of the Coast Guard Authorization Act of 2017, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the polar icebreaker recapitalization plan required under section 3523 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).
added
Coast Guard and Maritime Transportation Act of 2012; amendment— Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213), as amended, is further amended as follows:
added
by striking subsections (a) through (d);
added
by redesignating subsections (e) through (g) as subsections (a) through (c), respectively;
added
in subsection (a), as redesignated—
added
in the matter preceding paragraph (1), by striking “Except as provided in subsection (c), the Commandant” and inserting “The Commandant”;
added
in paragraph (1) by striking “Polar Sea or”;
added
in paragraph (2) by striking “either of the vessels” and inserting “the Polar Star or the Polar Sea”; and
added
in paragraph (3) by striking “either of the vessels” each place it appears and inserting “the Polar Star”.
Sec. 4822 Strategic assets in the Arctic
added
added
Definition of arctic— In this section, the term “Arctic” has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
added
Sense of congress— It is the sense of Congress that—
added
the Arctic continues to grow in significance to both the national security interests and the economic prosperity of the United States; and
added
the Coast Guard must ensure it is positioned to respond to any accident, incident, or threat with appropriate assets.
added
Report— Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with the Secretary of Defense and taking into consideration the Department of Defense 2016 Arctic Strategy, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress toward implementing the strategic objectives described in the United States Coast Guard Arctic Strategy dated May 2013.
added
Contents— The report under subsection (c) shall include—
added
a description of the Coast Guard’s progress toward each strategic objective identified in the United States Coast Guard Arctic Strategy dated May 2013;
added
an assessment of the assets and infrastructure necessary to meet the strategic objectives identified in the United States Coast Guard Arctic Strategy dated May 2013 based on factors such as—
added
response time;
added
coverage area;
added
endurance on scene;
added
presence; and
added
deterrence;
added
an analysis of the sufficiency of the distribution of National Security Cutters, Offshore Patrol Cutters, and Fast Response Cutters both stationed in various Alaskan ports and in other locations to meet the strategic objectives identified in the United States Coast Guard Arctic Strategy, dated May 2013;
added
plans to provide communications throughout the entire Coastal Western Alaska Captain of the Port zone to improve waterway safety and mitigate close calls, collisions, and other dangerous interactions between the shipping industry and subsistence hunters;
added
plans to prevent marine casualties, when possible, by ensuring vessels avoid environmentally sensitive areas and permanent security zones;
added
an explanation of—
added
whether it is feasible to establish a vessel traffic service, using existing resources or otherwise; and
added
whether an Arctic Response Center of Expertise is necessary to address the gaps in experience, skills, equipment, resources, training, and doctrine to prepare, respond to, and recover spilled oil in the Arctic; and
added
an assessment of whether sufficient agreements are in place to ensure the Coast Guard is receiving the information it needs to carry out its responsibilities.
Sec. 4823 Arctic planning criteria
added
added
Alternative planning criteria—
added
In general— For purposes of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast Guard may approve a vessel response plan under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for a vessel operating in any area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic, if the Commandant verifies that—
added
equipment required to be available for response under the plan has been tested and proven capable of operating in the environmental conditions expected in the area in which it is intended to be operated; and
added
the operators of such equipment have conducted training on the equipment within the area covered by such Captain of the Port Zone.
added
Post-approval requirements— In approving a vessel response plan under paragraph (1), the Commandant shall—
added
require that the oil spill removal organization identified in the vessel response plan conduct regular exercises and drills of the plan in the area covered by the Captain of the Port Zone that includes the Arctic; and
added
allow such oil spill removal organization to take credit for a response to an actual spill or release in the area covered by such Captain of the Port Zone, instead of conducting an exercise or drill required under subparagraph (A), if the oil spill removal organization—
added
documents which exercise or drill requirements were met during the response; and
added
submits a request for credit to, and receives approval from, the Commandant.
added
Report—
added
In general— Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the oil spill prevention and response capabilities for the area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic.
added
Contents— The report submitted under paragraph (1) shall include the following:
added
A description of equipment and assets available for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone, including details on any providers of such equipment and assets.
added
A description of the location of such equipment and assets, including an estimate of the time to deploy the equipment and assets.
added
A determination of how effectively such equipment and assets are distributed throughout the area covered by the Captain of the Port Zone.
added
A statement regarding whether the ability to maintain and deploy such equipment and assets is taken into account when measuring the equipment and assets available throughout the area covered by the Captain of the Port Zone.
added
A validation of the port assessment visit process and response resource inventory for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone.
added
A determination of the compliance rate with Federal vessel response plan regulations in the area covered by the Captain of the Port Zone during the previous 3 years.
added
A description of the resources needed throughout the area covered by the Captain of the Port Zone to conduct port assessments, exercises, response plan reviews, and spill responses.
added
Definition of Arctic— In this section, the term Arctic has the meaning given the term under section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
Sec. 4824 Vessel response plan audit
added
added
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive review of the processes and resources used by the Coast Guard to implement vessel response plan requirements under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).
added
Required elements of review— The review required under subsection (a) shall, at a minimum, include—
added
a study, or an audit if appropriate, of the processes the Coast Guard uses—
added
to approve the vessel response plans referred to in subsection (a);
added
to approve alternate planning criteria used in lieu of National Planning Criteria in approving such plans;
added
to verify compliance with such plans; and
added
to act in the event of a failure to comply with the requirements of such plans;
added
an examination of all Federal and State agency resources used by the Coast Guard in carrying out the processes identified under paragraph (1), including—
added
the current staffing model and organization;
added
data, software, simulators, systems, or other technology, including those pertaining to weather, oil spill trajectory modeling, and risk management;
added
the total amount of time per fiscal year expended by Coast Guard personnel to approve and verify compliance with vessel response plans; and
added
the average amount of time expended by the Coast Guard for approval of, and verification of compliance with, a single vessel response plan;
added
an analysis of how, including by what means or methods, the processes identified under paragraph (1)—
added
ensure compliance with applicable law;
added
are implemented by the Coast Guard, including at the district and sector levels;
added
are informed by public comment and engagement with States, Indian Tribes, and other regional stakeholders;
added
ensure availability and adequate operational capability and capacity of required assets and equipment, including in cases in which contractual obligations may limit the availability of such assets and equipment for response;
added
provide for adequate asset and equipment mobilization time requirements, particularly with respect to—
added
calculation and establishment of such requirements;
added
verifying compliance with such requirements; and
added
factoring in weather, including specific regional adverse weather as defined in section 155.1020 of title 33, Code of Federal Regulations, in calculating, establishing, and verifying compliance with such requirements;
added
ensure response plan updates and vessel compliance when changes occur in response planning criteria, asset and equipment mobilization times, or regional response needs, such as trends in transportation of high gravity oils or changes in vessel traffic volume; and
added
enable effective action by the Coast Guard in the event of a failure to comply with response plan requirements;
added
a determination regarding whether asset and equipment mobilization time requirements under approved vessel response plans can be met by the vessels to which they apply; and
added
recommendations for improving the processes identified under paragraph (1), including recommendations regarding the sufficiency of Coast Guard resources dedicated to those processes.
Sec. 4825 Waters deemed not navigable waters of the United States for certain purposes
addedadded For purposes of the application of subtitle II of title 46, United States Code, to the Volunteer (Hull Number CCA4108), the Illinois and Michigan Canal is deemed to not be navigable waters of the United States.
Sec. 4826 Documentation of recreational vessels
addedadded Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which—
added
funds available for Coast Guard operating expenses may not be used for expenses incurred for recreational vessel documentation;
added
fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation; and
added
there is a backlog of applications for recreational vessel documentation.
Sec. 4827 Equipment requirements; exemption from throwable personal flotation devices requirement
addedadded Not later than one year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall—
added
prescribe regulations in part 160 of title 46, Code of Federal Regulations, that treat a marine throw bag, as that term is commonly used in the commercial whitewater rafting industry, as a type of lifesaving equipment; and
added
revise section 175.17 of title 33, Code of Federal Regulations, to exempt rafts that are 16 feet or more overall in length from the requirement to carry an additional throwable personal flotation device when such a marine throw bag is onboard and accessible.
Sec. 4828 Visual distress signals and alternative use
added
added
In general— The Secretary of the department in which the Coast Guard is operating shall develop a performance standard for the alternative use and possession of visual distress alerting and locating signals as mandated by carriage requirements for recreational boats in subpart C of part 175 of title 33, Code of Federal Regulations.
added
Regulations— Not later than 180 days after the performance standard for alternative use and possession of visual distress alerting and locating signals is finalized, the Secretary shall revise part 175 of title 33, Code of Federal Regulations, to allow for carriage of such alternative signal devices.
Sec. 4829 Radar refresher training
addedadded Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall prescribe a final rule eliminating the requirement that a mariner actively using the mariner’s credential complete an approved refresher or recertification course to maintain a radar observer endorsement. This rulemaking shall be exempt from chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563.
Sec. 4830 Commercial fishing vessel safety national communications plan
added
added
Requirement for plan— Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a national communications plan for the purposes of—
added
disseminating information to the commercial fishing vessel industry;
added
conducting outreach with the commercial fishing vessel industry;
added
facilitating interaction with the commercial fishing vessel industry; and
added
releasing information collected under section 15102 of title 46, United States Code, as added by this division, to the commercial fishing vessel industry.
added
Content— The plan required by subsection (a), and each annual update, shall—
added
identify staff, resources, and systems available to the Secretary to ensure the widest dissemination of information to the commercial fishing vessel industry;
added
include a means to document all communication and outreach conducted with the commercial fishing vessel industry; and
added
include a mechanism to measure effectiveness of such plan.
added
Implementation— Not later than one year after submission of the initial plan, the Secretary of the department in which the Coast Guard is operating shall implement the plan and shall at a minimum—
added
leverage Coast Guard staff, resources, and systems available;
added
monitor implementation nationwide to ensure adherence to plan contents;
added
allow each Captain of the Port to adopt the most effective strategy and means to communicate with commercial fishing vessel industry in that Captain of the Port Zone;
added
document communication and outreach; and
added
solicit feedback from the commercial fishing vessel industry.
added
Report and updates— The Secretary of the department in which the Coast Guard is operating shall—
added
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effectiveness of the plan to date and any updates to ensure maximum impact of the plan one year after the date of enactment of this Act, and every 4 years thereafter; and
added
include in such report input from individual Captains of the Port and any feedback received from the commercial fishing vessel industry.
Sec. 4831 Authorization for marine debris program
addedadded The Marine Debris Research, Prevention, and Reduction Act is amended—
added
in section 9 (33 U.S.C. 1958)—
added
by striking the em-dash and all that follows through “(1)”; and
added
by striking “; and” and all that follows through the end of the section and inserting a period; and
added
by adding at the end the following:
added “10. Authorization of appropriations
added “Of the amounts authorized for each fiscal year under section 4902 of title 14, United States Code, up to $2,000,000 are authorized for the Commandant to carry out section 4 of this Act, of which not more than 10 percent may be used for administrative costs.”
Sec. 4832 Atlantic Coast port access route study recommendations
addedadded Not later than 30 days after the date of the enactment of the Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access Route Study (ACPARS) workgroup for which notice of availability was published March 14, 2016 (81 Fed. Reg. 13307).
Sec. 4833 Drawbridges
addedadded Section 5 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved August 18, 1894 (33 U.S.C. 499), is amended by adding at the end the following:
added “(d) Temporary changes to drawbridge operating schedules—Notwithstanding section 553 of title 5, United States Code, whenever a temporary change to the operating schedule of a drawbridge, lasting 180 days or less—
added “(1) is approved—
added “(A) the Secretary of the department in which the Coast Guard is operating shall—
added “(i) issue a deviation approval letter to the bridge owner; and
added “(ii) announce the temporary change in—
added “(I) the Local Notice to Mariners;
added “(II) a broadcast notice to mariners and through radio stations; or
added “(III) such other local media as the Secretary considers appropriate; and
added “(B) the bridge owner, except a railroad bridge owner, shall notify—
added “(i) the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located;
added “(ii) the department, agency, or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge; and
added “(iii) the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge; or
added “(2) is denied, the Secretary of the department in which the Coast Guard is operating shall—
added “(A) not later than 10 days after the date of receipt of the request, provide the bridge owner in writing the reasons for the denial, including any supporting data and evidence used to make the determination; and
added “(B) provide the bridge owner a reasonable opportunity to address each reason for the denial and resubmit the request.
added “(e) Drawbridge movements—The Secretary of the department in which the Coast Guard is operating—
added “(1) shall require a drawbridge operator to record each movement of the drawbridge in a logbook;
added “(2) may inspect the logbook to ensure drawbridge movement is in accordance with the posted operating schedule;
added “(3) shall review whether deviations from the posted operating schedule are impairing vehicular and pedestrian traffic; and
added “(4) may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian traffic.
added “(f) Requirements
added “(1) Logbooks—An operator of a drawbridge built across a navigable river or other water of the United States—
added “(A) that opens the draw of such bridge for the passage of a vessel, shall record in a logbook—
added “(i) the bridge identification and date of each opening;
added “(ii) the bridge tender or operator for each opening;
added “(iii) each time it is opened for navigation;
added “(iv) each time it is closed for navigation;
added “(v) the number and direction of vessels passing through during each opening;
added “(vi) the types of vessels passing through during each opening;
added “(vii) an estimated or known size (height, length, and beam) of the largest vessel passing through during each opening;
added “(viii) for each vessel, the vessel name and registration number if easily observable; and
added “(ix) all maintenance openings, malfunctions, or other comments; and
added “(B) that remains open to navigation but closes to allow for trains to cross, shall record in a logbook—
added “(i) the bridge identification and date of each opening and closing;
added “(ii) the bridge tender or operator;
added “(iii) each time it is opened to navigation;
added “(iv) each time it is closed to navigation; and
added “(v) all maintenance openings, closings, malfunctions, or other comments.
added “(2) Maintenance of logbooks—A drawbridge operator shall maintain logbooks required under paragraph (1) for not less than 5 years.
added “(3) Submission of logbooks—At the request of the Secretary of the department in which the Coast Guard is operating, a drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the Secretary considers necessary to carry out this section.
added “(4) Exemption—The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44, United States Code.”
Sec. 4834 Waiver
addedadded Section 8902 of title 46, United States Code, shall not apply to the chain ferry DIANE (United States official number CG002692) when such vessel is operating on the Kalamazoo River in Saugatuck, Michigan.
Sec. 4835 Vessel waiver
added
added
In general— Upon enactment of this Act and notwithstanding sections (a)(2)(A) and 12113(a)(2) of title 46, United States Code, the Secretary shall issue a certificate of documentation with coastwise and fishery endorsements to the certificated vessel.
added
Replacement vessel— The certificated vessel shall qualify and not be precluded from operating as an Amendment 80 replacement vessel under the provisions of part 679 of title 50, Code of Federal Regulations.
added
Coast guard review and determination—
added
Review— Not later than 30 days after the date of enactment of this section, the Secretary shall conduct and complete a review of the use of certain foreign fabricated steel components in the hull or superstructure of the certificated vessel.
added
Determination— Based on the review conducted under paragraph (1), the Secretary shall determine whether the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code.
added
Revocation— If the Secretary determines under paragraph (2) that the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code, the Secretary shall immediately revoke the certificate of documentation issued under subsection (a).
added
Use of documents— In conducting the review required under paragraph (1), the Secretary may request and review any information, correspondence, or documents related to the construction of the certificated vessel, including from the shipyard that constructed the certificated vessel and the purchaser of the certificated vessel.
added
Termination— If the contract for purchase of the certificated vessel that is in effect on the date of the enactment of this Act is terminated, the purchasing party to that contract shall be prohibited from entering into a subsequent contract or agreement for purchase of such vessel.
added
Definition— In this section—
added
the term “Secretary” means the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard; and
added
the term “certificated vessel” means the vessel America’s Finest (United States official number 1276760).
Sec. 4836 Temporary limitations
added
added
Limitations—
added
In general— Upon the Coast Guard issuing a certificate of documentation with coastwise and fishery endorsements for the vessel “AMERICA'S FINEST” (United States official number 1276760), and subject to subsection (b), the vessels described in paragraph (2) shall not collectively exceed—
added
the percentage of the harvest available in any Gulf of Alaska groundfish fisheries (other than fisheries subject to a limited access privilege program created by the North Pacific Fishery Management Council) that is equivalent to the total harvest by the vessels described in paragraph (2) in those fisheries in the calendar years that a vessel described in paragraph (2) had harvest from 2012 through 2017 relative to the total allowable catch available to such vessels in the calendar years 2012 through 2017; or
added
the percentage of processing of deliveries from other vessels in any Bering Sea, Aleutian Islands, and Gulf of Alaska groundfish fisheries (including fisheries subject to a limited access privilege program created by the North Pacific Fishery Management Council, or community development quotas as described in section 305(i) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i))) that is equivalent to the total processing of such deliveries by the vessels described in paragraph (2) in those fisheries in the calendar years 2012 through 2017 relative to the total allowable catch available in the calendar years 2012 through 2017.
added
Applicable vessels— The limitations described in paragraph (1) shall apply, in the aggregate, to—
added
the vessel AMERICA’S FINEST (United States official number 1276760);
added
the vessel US INTREPID (United States official number 604439);
added
the vessel AMERICAN NO. 1 (United States official number 610654);
added
any replacement of a vessel described in subparagraph (A), (B), or (C); and
added
any vessel assigned license number LLG3217 under the license limitation program under part 679 of title 50, Code of Federal Regulations.
added
Expiration— The limitations described in subsection (a) shall apply to a groundfish species in Bering Sea, Aleutian Islands, and Gulf of Alaska only until the earlier of—
added
the end of the 6-year period beginning on the date of enactment of this Act; or
added
the date on which the Secretary of Commerce issues a final rule, based on recommendations developed by the North Pacific Fishery Management Council consistent with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), that limits processing deliveries of that groundfish species from other vessels in any Bering Sea, Aleutian Islands, and Gulf of Alaska groundfish fisheries that are not subject to conservation and management measures under section 206 of the American Fisheries Act (16 U.S.C. 1851 note).
added
Existing authority— Except for the measures required by this section, nothing in this title shall be construed to limit the authority of the North Pacific Fishery Management Council or the Secretary of Commerce under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Sec. 4837 Transfer of Coast Guard property in Jupiter Island, Florida, for inclusion in Hobe Sound National Wildlife Refuge
added
added
Transfer— Administrative jurisdiction over the property described in subsection (b) is transferred to the Secretary of the Interior.
added
Property described— The property described in this subsection is real property administered by the Coast Guard in the Town of Jupiter Island, Florida, comprising Parcel #35-38-42-004-000-02590-6 (Bon Air Beach lots 259 and 260 located at 83 North Beach Road) and Parcel #35-38-42-004-000-02610-2 (Bon Air Beach lots 261 to 267), including any improvements thereon that are not authorized or required by another provision of law to be conveyed to another person.
added
Administration— The property described in subsection (b) is included in Hobe Sound National Wildlife Refuge, and shall be administered by the Secretary of the Interior acting through the United States Fish and Wildlife Service.
Sec. 4838 Emergency response
addedadded Not later than 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall request the Comptroller General of the United States to examine whether there are unnecessary regulatory barriers to the use of small passenger vessels, crewboats, and offshore supply vessels in disaster response and provide recommendations, as appropriate, to reduce such barriers.
Sec. 4839 Drawbridges consultation
added
added
Consultation— In addition and subsequent to any rulemaking conducted under section 117.8 of title 33, Code of Federal Regulations, related to permanent changes to drawbridge openings that result from Amtrak service between New Orleans, Louisiana and Orlando, Florida, the Commandant shall consult with owners or operators of rail lines used for Amtrak passenger service between New Orleans, Louisiana and Orlando, Florida and affected waterway users on changes to drawbridge operating schedules necessary to facilitate the On Time Performance of passenger trains. These changes to schedules shall not impact Coast Guard response times to operational missions.
added
Timing— Consultation in subsection (a) shall occur after commencement of Amtrak passenger service on the rail lines between New Orleans, Louisiana and Orlando, Florida at the following intervals:
added
Not less than 3 months following the commencement of Amtrak passenger service.
added
Not less than 6 months following the commencement of Amtrak passenger service.
added
Report— If after conducting the consultations required by subsection (b)(2), the Commandant finds that permanent changes to drawbridge operations are necessary to mitigate delays in the movement of trains described in subsection (a) and that those changes do not unreasonably obstruct the navigability of the affected waterways, then the Commandant shall submit those findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Sec. 5001 Findings
addedadded Congress finds that—
added
in agreement with Executive Order No. 13806, a healthy manufacturing and defense industrial base and resilient supply chains are essential to the economic strength and national security of the United States. Modern supply chains, however are often long and the ability of the United States to manufacture or obtain goods critical to national security could be hampered by an inability to obtain various essential components, which themselves may not be directly related to national security;
added
in agreement with Executive Order No. 13817, the United States is heavily reliant on imports of certain mineral commodities that are vital to the Nation's security and economic prosperity;
added
this dependency of the United States on foreign sources creates a strategic vulnerability for both its economy and military to adverse foreign government actons, natural disaster, and other events that can disrupt supply of these key minerals. Increased private-sector domestic exploration, production, recycling, and reprocessing of critical minerals, and support for efforts to identify more commonly available technological alternatives to these minerals, will reduce our dependence on imports, preserve our leadership in technological innovation, support job creation, improve national security and balance of trade, and enhance the technological superiority and readiness of our Armed Forces, which are among the Nation's most significant consumers of critical minerals;
added
the industrialization of developing nations has driven demand for nonfuel minerals necessary for telecommunications, military technologies, healthcare technologies, and conventional and renewable energy technologies;
added
the availability of minerals and mineral materials are essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain;
added
minerals and mineral materials are critical components of every transportation, water, telecommunications, and energy infrastructure project necessary to modernize the crumbling infrastructure of the United States;
added
the exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security, and general welfare of the United States; and
added
the United States has vast mineral resources but is becoming increasingly dependent on foreign sources of mineral resources, as demonstrated by the fact that—
added
25 years ago, the United States was dependent on foreign sources for 45 nonfuel mineral materials, of which—
added
8 were imported by the United States to fulfill 100 percent of the requirements of the United States for those nonfuel mineral materials; and
added
19 were imported by the United States to fulfill greater than 50 percent of the requirements of the United States for those nonfuel mineral materials;
added
by 2015 the import dependence of the United States for nonfuel mineral materials increased from dependence on the import of 45 nonfuel mineral materials to dependence on the import of 47 nonfuel mineral materials, of which—
added
19 were imported by the United States to fulfill 100 percent of the requirements of the United States for those nonfuel mineral materials; and
added
22 were imported by the United States to fulfill greater than 50 percent of the requirements of the United States for those nonfuel mineral materials;
added
according to the Department of Energy, the United States imports greater than 50 percent of the 41 metals and minerals key to clean energy applications;
added
the United States share of worldwide mineral exploration dollars was 7 percent in 2015, down from 19 percent in the early 1990s;
added
the 2014 Ranking of Countries for Mining Investment, which ranks 25 major mining countries, found that 7- to 10-year permitting delays are the most significant risk to mining projects in the United States; and
added
in late 2016, the Government Accountability Office found that—
added
“the Federal government’s approach to addressing critical materials supply issues has not been consistent with selected key practices for interagency collaboration, such as ensuring that agencies’ roles and responsibilities are clearly defined”; and
added
“the Federal critical materials approach faces other limitations, including data limitations and a focus on only a subset of critical materials, a limited focus on domestic production of critical materials, and limited engagement with industry”.
Sec. 5002 Definitions
addedadded In this division:
added
Agency— The term agency means—
added
any agency, department, or other unit of Federal, State, local, or tribal government; or
added
an Alaska Native Corporation.
added
Alaska Native Corporation— The term Alaska Native Corporation has the meaning given the term Native Corporation in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
added
Lead agency— The term lead agency means the agency with primary responsibility for issuing a mineral exploration or mine permit for a project.
added
Mineral exploration or mine permit— The term mineral exploration or mine permit includes—
added
an authorization of the Bureau of Land Management or the Forest Service, as applicable, for premining activities that requires an environmental impact statement or similar analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
added
a plan of operations issued by—
added
the Bureau of Land Management under subpart 3809 of part 3800 of title 43, Code of Federal Regulations (or successor regulations); or
added
the Forest Service under subpart A of part 228 of title 36, Code of Federal Regulations (or successor regulations); and
added
a permit issued under an authority described in section 3503.13 of title 43, Code of Federal regulations (or successor regulations).
added
Project— The term project means a project for which the issuance of a permit is required to conduct activities for, relating to, or incidental to mineral exploration, mining, beneficiation, processing, or reclamation activities—
added
on a mining claim, millsite claim, or tunnel site claim for any locatable mineral; or
added
in conjunction with any Federal mineral (other than coal and oil shale) that is leased under—
added
the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.); or
added
section 402 of Reorganization Plan Numbered 3 of 1946 (5 U.S.C. App.).
Sec. 5003 Improving development of strategic and critical minerals
added
added
Definition of strategic and critical minerals— In this section, the term strategic and critical minerals means minerals that are necessary—
added
for the national defense and national security requirements, including supply chain resiliency;
added
for the energy infrastructure of the United States, including—
added
pipelines;
added
refining capacity;
added
electrical power generation and transmission; and
added
renewable energy production;
added
for community resiliency, coastal restoration, and ecological sustainability for the coastal United States;
added
to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; or
added
for the economic security of, and balance of trade in, the United States.
added
Consideration of certain domestic mines as infrastructure projects— A domestic mine that, as determined by the lead agency, will provide strategic and critical minerals shall be considered to be an infrastructure project, as described in Executive Order No. 13807.
Sec. 5004 Responsibilities of the lead agency
added
added
In general— The lead agency shall appoint a project lead within the lead agency, who shall coordinate and consult with cooperating agencies and any other agencies involved in the permitting process, project proponents, and contractors to ensure that cooperating agencies and other agencies involved in the permitting process, project proponents, and contractors—
added
minimize delays;
added
set and adhere to timelines and schedules for completion of the permitting process;
added
set clear permitting goals; and
added
track progress against those goals.
added
Determination under NEPA—
added
In general— To the extent that the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies to the issuance of any mineral exploration or mine permit, the requirements of that Act shall be considered to have been procedurally and substantively satisfied if the lead agency determines that any State or Federal agency acting under State or Federal law has addressed or will address the following factors:
added
The environmental impact of the action to be conducted under the permit.
added
Possible adverse environmental effects of actions under the permit.
added
Possible alternatives to issuance of the permit.
added
The relationship between long- and short-term uses of the local environment and the maintenance and enhancement of long-term productivity.
added
Any irreversible and irretrievable commitment of resources that would be involved in the proposed action.
added
That public participation will occur during the decisionmaking process for authorizing actions under the permit.
added
Written requirement— In making a determination under paragraph (1), not later than 90 days after receipt of an application for the permit, the lead agency, in a written record of decision, shall—
added
explain the rationale used in reaching the determination;
added
state the facts in the record that are the basis for the determination; and
added
show that the facts in the record could allow a reasonable person to reach the same determination as the lead agency did.
added
Coordination on Permitting Process—
added
In general— The lead agency shall enhance government coordination for the permitting process by—
added
avoiding duplicative reviews;
added
minimizing paperwork; and
added
engaging other agencies and stakeholders early in the process.
added
Considerations— In carrying out paragraph (1), the lead agency shall consider—
added
deferring to, and relying on, baseline data, analyses, and reviews performed by State agencies with jurisdiction over the proposed project; and
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to the maximum extent practicable, conducting any consultations or reviews concurrently rather than sequentially if the concurrent consultation or review would expedite the process.
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Memorandum of Agency Agreement— If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State and local governments, and other appropriate entities to accomplish the coordination activities described in this subsection.
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Schedule for Permitting Process—
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In general— For any project for which the lead agency cannot make the determination described subsection (b), at the request of a project proponent, the lead agency, cooperating agencies, and any other agencies involved with the mineral exploration or mine permitting process shall enter into an agreement with the project proponent that sets time limits for each part of the permitting process, including—
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the decision on whether to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
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a determination of the scope of any environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
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the scope of, and schedule for, the baseline studies required to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
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preparation of any draft environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
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preparation of a final environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
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any consultations required under applicable law;
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submission and review of any comments required under applicable law;
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publication of any public notices required under applicable law; and
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any final or interim decisions.
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Time Limit for Permitting Process— Except if extended by mutual agreement of the project proponent and the lead agency, the time period for the total review process described in paragraph (1) shall not exceed 30 months.
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Limitation on Addressing Public Comments— The lead agency shall not be required to address any agency or public comments that were not submitted—
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during a public comment period or consultation period provided during the permitting process; or
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as otherwise required by law.
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Financial Assurance— The lead agency shall determine the amount of financial assurance required for reclamation of a mineral exploration or mining site, on the condition that the financial assurance shall cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan, including construction and maintenance costs for any treatment facilities necessary to meet Federal, State, or tribal environmental standards.
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Projects within National Forests— With respect to projects on National Forest System land, the lead agency shall—
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exempt from the requirements of part 294 of title 36, Code of Federal Regulations (or successor regulations)—
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all areas of identified mineral resources in land use designations, other than nondevelopment land use designations, in existence on the date of enactment of this division; and
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all additional routes and areas that the lead agency determines necessary to facilitate the construction, operation, maintenance, and restoration of an area described in paragraph (1); and
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continue to apply the exemptions described in paragraph (1) after the date on which approval of the minerals plan of operations described in section 3(4)(B)(ii) for the National Forest System land.
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Application to Existing Permit Applications—
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In general— This section applies to a mineral exploration or mine permit for which an application was submitted before the date of enactment of this division if the applicant for the permit submits a written request to the lead agency for the permit.
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Implementation— The lead agency shall begin implementing this section with respect to an application described in paragraph (1) not later than 30 days after the date on which the lead agency receives the written request for the permit.
Sec. 5005 Federal Register process for mineral exploration and mining projects
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Departmental Review— Absent any extraordinary circumstances, as determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, and except as otherwise required by law, the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall ensure that each Federal Register notice associated with the issuance of a mineral exploration or mine permit and required by law shall be—
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subject to any required reviews within the Department of the Interior or the Department of Agriculture, as applicable; and
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published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice.
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Preparation— The preparation of any Federal Register notice described in subsection (a) shall be delegated to the organizational level within the lead agency.
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Transmission— All Federal Register notices described in subsection (a) regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall originate in, and be transmitted to the Federal Register from, the office in which, as applicable—
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the documents or meetings are held; or
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the activity is initiated.
Sec. 5006 Secretarial order not affected
addedadded This division shall not apply to any mineral described in Secretarial Order 3324, issued by the Secretary of the Interior on December 3, 2012, in any area to which the order applies.
Sec. 6101 Fees for medical services
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Fees authorized— The Secretary may establish and collect fees for medical services provided by National Park Service personnel to persons—
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inside of a unit of the National Park System; and
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outside of a unit of the National Park System.
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National Park Medical Services Fund— There is hereby established in the Treasury a fund to be known as the “National Park Medical Services Fund”. The Fund shall consist of—
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donations to the Fund; and
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fees collected under subsection (a).
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Availability of Amounts— All amounts deposited into the Fund shall be available to the Secretary, to the extent provided in advance by Acts of appropriation, for the following:
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Provision of services listed in subsection (a).
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Preparing needs assessments or other programmatic analyses for medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a).
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Developing management plans for medical facilities, equipment, vehicles, and other needs and costs of services listed in subsection (a).
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Training related to providing services listed in subsection (a).
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Obtaining or improving medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a).
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Definitions— For the purposes of this section:
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Fund— The term “Fund” means the National Park Medical Services Fund established by subsection (b).
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Secretary— The term “Secretary” means the Secretary of the Interior.
Sec. 7001 Authorization of amounts in funding tables
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In general— Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
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Merit-Based decisions— A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
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be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
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comply with other applicable provisions of law.
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Relationship to transfer and programming authority— An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1512 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
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Applicability to classified annex— This section applies to any classified annex that accompanies this Act.
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Oral and written communications— No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.