H.R. 5515 — what changed

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

added “(10) A joint assessment by the Chief of Staff of the Army and the Chief of the National Guard Bureau on the efforts of the Army to achieve parity among the active component, the Army Reserve, and the Army National Guard with respect to equipment and capabilities. Each assessment shall include a comparison of the inventory of high priority items of equipment available to each component of the Army described in preceding sentence, including—

added “(A) AH–64 Attack Helicopters;

added “(B) UH–60 Black Hawk Utility Helicopters;

added “(C) Abrams Main Battle Tanks;

added “(D) Bradley Infantry Fighting Vehicles;

added “(E) Stryker Combat Vehicles; and

added “(F) any other items of equipment identified as high priority by the Chief of Staff of the Army or the Chief of the National Guard Bureau.”

added 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.

added Section 124 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

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.”

added None of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Shipbuilding and Conversion, Navy, for DDG–51 class destroyers may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees a report that includes—

added “(j)

added “(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.

added “(2) The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the primary assigned aircraft inventory of the Air Force below 479 only if—

added “(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

added “(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).

added “(3) In this subsection:

added “(A) The term “air refueling tanker aircraft” means an aircraft that has as its primary mission the refueling of other aircraft.

added “(B) The term “primary assigned aircraft inventory” means aircraft authorized to a flying unit for operations or training.”

added The Secretary of the Air Force shall—

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”.

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.

added Section 2371b(f) of title 10, United States Code, is 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.”

added Section 219(c)(4) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended—

added “(B) Except as provided in subparagraph (C) and subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2019 or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, defense-wide, up to $100,000,000 may be available to the Under Secretary to allocate to the military departments, the defense agencies, and the combatant commands to carry out the program established under paragraph (1).”

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.

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:

added Section 2864 of title 10, United States Code, is amended—

added “(E) energy and climate resiliency efforts.”

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.”

added Subsection (b) of section 2916 of title 10, United States Code, is amended—

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.”

added Section 101(a)(5)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended—

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”.”

added Section 7304(a) of title 10, United States Code, is amended—

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.”

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.”

added “7320. Limitation on length of overseas forward deployment of naval vessels

added “(a) Limitation—The Secretary of the Navy shall ensure that no naval vessel 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.

added “(b) 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—

added “(1) the waiver of such limitation with respect to the vessel;

added “(2) the date on which the period of overseas forward deployment of the vessel is expected to end; and

added “(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.”

added During the period beginning on the date of the enactment of this Act and ending on September 30, 2021, in carrying out chapter 9, volume 2B (relating to Instructions for the Preparation of Exhibit Fund-11a Carryover Reconciliation) of Department of Defense regulation 7000.14-R, entitled “Financial Management Regulation (FMR)”, in addition to any other applicable exemptions, the Secretary of Defense shall ensure that with respect to each military department depot or arsenal, outlay rates—

added Section 482 of title 10, United States Code, is amended—

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.”

added Section 172(a) of title 10, United States Code, is amended—

added It is the sense of Congress that the final composition of the critical minerals list, as ordered by Executive Order 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.

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

added “(1) For the Army, 487,500.

added “(2) For the Navy, 335,400.

added “(3) For the Marine Corps, 186,100.

added “(4) For the Air Force, 329,100.”

added Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2019, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

added 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:

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 “(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.”

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.”

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 “(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 “(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 Section 10216(g) of title 10, United States Code, is amended—

added Section 10508 of title 10, United States Code, is amended—

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.”

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 Section 514 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

added “(A) that is vital to the national interest; and

added “(B) that the person will use in daily duties as a member of the armed forces.”

added “(3)

added “(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.

added “(B) A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after—

added “(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

added “(ii) a period of 30 days has elapsed after the date on which Congress receives the notice.”

added “1155. Statement of benefits

added “(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 is entitled under laws administered by—

added “(1) the Secretary of Defense; and

added “(2) the Secretary of Veterans Affairs.

added “(b) Annual statement for reserves—Not less than once each year, the Secretary concerned shall provide each member of a reserve component with a current assessment of benefits described in subsection (a).”

added “(e) Acceptance of gifts

added “(1) Authority to accept—Subject to subsection (f)(2), the Secretary may accept, hold, administer, spend, and use any gift of personal property, money, or services made on the condition that the gift be used for the purpose of facilitating accounting for missing persons pursuant to section 1501(a)(2)(C) of this title.

added “(2) Gift funds—Gifts and bequests of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund.

added “(3) Use of gifts—Personal property and money accepted under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, without further specific authorization in law.

added “(4) Expenses of transfer—The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift accepted under this subsection.

added “(5) Expenses of care—The Secretary may pay all reasonable and necessary expenses in connection with the care of a gift accepted under this subsection.”

added “(3) Gift—The term “gift” includes a devise or bequest.”

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.”

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.”

added Section 546(c)(2) 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. 1561 note) is 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.”.

added Section 1564 of title 10, United States Code, is amended—

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).”

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.”

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.”

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 Air Force 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 Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that 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 the Secretary of the Air Force, who shall grant or deny review not later than 72 hours after submission of the request for review.”

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.

added “710. Career flexibility to enhance retention of members

added “(a) Programs authorized—Each Secretary of a military department may carry out programs under which members of the regular components and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.

added “(b) Period of inactivation from active service; Effect of inactivation

added “(1) The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.

added “(2) Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.

added “(3) Any period of participation of a member in a program under this section shall not count toward—

added “(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or

added “(B) computation of retired or retainer pay under chapter 71 or 1223 of this title.

added “(c) Agreement—Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:

added “(1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the armed force concerned during the period of the inactivation of the member from active service under the program.

added “(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.

added “(3) Following completion of the period of the inactivation of the member from active service under the program, to serve two months as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.

added “(d) Conditions of release—The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.

added “(e) Order to active service—Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.

added “(f) Pay and allowances

added “(1) During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.

added “(2)

added “(A) A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.

added “(B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.

added “(3)

added “(A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—

added “(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and

added “(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

added “(B)

added “(i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—

added “(I) such pay or bonus is no longer authorized by law; or

added “(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.

added “(ii) Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.

added “(C) A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.

added “(D) Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).

added “(4)

added “(A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for—

added “(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and

added “(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.

added “(B) An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

added “(5) A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.

added “(g) Promotion

added “(1)

added “(A) An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36 or 1405 of this title.

added “(B) Upon the return of an officer to active service after completion by the officer of participation in a program—

added “(i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and

added “(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.

added “(2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that—

added “(A) begins on the date of the inactivation of the member from active service under the program; and

added “(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.

added “(h) Continued entitlements—A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—

added “(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title; and

added “(2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title.”

added “(c) Counseling pathways

added “(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:

added “(A) Rank.

added “(B) Term of service.

added “(C) Gender.

added “(D) Whether the member was a member of a regular or reserve component of an armed force.

added “(E) Disability.

added “(F) Character of discharge (including expedited discharge and discharge under conditions other than honorable).

added “(G) Health (including mental health).

added “(H) Military occupational specialty.

added “(I) Whether the member intends, after separation, retirement, or discharge, to—

added “(i) seek employment;

added “(ii) enroll in a program of higher education;

added “(iii) enroll in a program of vocational training; or

added “(iv) become an entrepreneur.

added “(J) The educational history of the member.

added “(K) The employment history of the member.

added “(L) Whether the member has secured—

added “(i) employment;

added “(ii) enrollment in a program of education; or

added “(iii) enrollment in a program of vocational training.

added “(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.

added “(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—

added “(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; and

added “(B) receive information from the counselor regarding reenlistment in the armed forces; and

added “(C) receive information from the counselor regarding resources—

added “(i) for members of the armed forces separated, retired, or discharged;

added “(ii) located in the community in which the member will reside after separation, retirement, or discharge.

added “(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).”

added “(e) Joint service transcript

added “(1) The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—

added “(A) that member—

added “(i) at the meeting with a counselor under subsection (c)(2); and

added “(ii) on the day the member separates, retires, or is 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.”

added “(f) Program contents

added “(1) The program carried out under this section shall consist of instruction as follows:

added “(A) One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned.

added “(B) One day of instruction regarding—

added “(i) benefits under laws administered by the Secretary of Veterans Affairs; and

added “(ii) other subjects determined by the Secretary concerned.

added “(C) One day of instruction regarding preparation for employment.

added “(D) Two days of instruction regarding a topic selected by the member from the following subjects:

added “(i) Preparation for employment.

added “(ii) Preparation for education.

added “(iii) Preparation for vocational training.

added “(iv) Preparation for entrepreneurship.

added “(v) Other options determined by the Secretary concerned.

added “(2) The Secretary concerned may permit a member to attend training and instruction under the program established under this section—

added “(A) before the time periods established under section 1142(a)(3) of this title;

added “(B) in addition to such training and instruction required during such time periods.”

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.”

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.”.

added Section 555(i) 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. 1143 note) is amended by striking “2018” and inserting “2023”.

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.

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—

added Section 1788a of title 10, United States Code, is amended—

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).”

added Section 575 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

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.”

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.”

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.”

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.”

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 Notwithstanding any time limitation with respect to the awarding of 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 Air Force, from Bosnia on June 8, 1995.

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—

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.”

added Section 1967(a)(3) of title 38, United States Code, is amended—

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)”

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 “(a) Certain unremarried former spouses—The Secretary of Defense”

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.”

added “(c) MWR retail facilities—The term MWR retail facilities has the meaning given that term in section 1063(e) of this title.”

added “1062. Certain former spouses and surviving spouses”

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.”

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”.

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

added Section 1073c(a) of title 10, United States Code, is amended—

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 “(C) Not later than January 31, 2019, and every six 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 “(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).”

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”.

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—

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 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).”

added 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”.

added The Secretary of the Air Force may not transition Federal Emergency Services certification levels from Emergency Management Technician level to Emergency Medical Responder level until the Secretary submits to the congressional defense committees a report that contains the following: