National Defense Authorization Act of 2018 (P.L. 115-91)

II

September 18, 2017
Ordered to be printed as passed

In the Senate of the United States,
September 18, 2017.
Resolved, That the bill from the House of Representatives (H.R. 2810) entitled ‘‘An Act to authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes.’’, do pass with the following

AMENDMENT:
Strike all after the enacting clause and insert the
following:
1
2

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Au-

3 thorization Act for Fiscal Year 2018’’.

2
1

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2

CONTENTS.

3

(a) DIVISIONS.—This Act is organized into six divi-

4 sions as follows:
5

(1) Division A—Department of Defense Author-

6

izations.

7

(2) Division B—Military Construction Author-

8

izations.

9

(3) Division C—Department of Energy National

10

Security Authorizations and Other Authorizations.

11

(4) Division D—Funding Tables.

12

(5) Division E—Additional Provisions.

13

(6) Division F—Further Additional Provisions.

14

(b) TABLE

OF

CONTENTS.—The table of contents for

15 this Act is as follows:
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Short title.
Organization of Act into divisions; table of contents.
Congressional defense committees.
Budgetary effects of this Act.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Transfer of excess High Mobility Multipurpose Wheeled Vehicles to foreign countries.
Sec. 112. Limitation on availability of funds for Army Air-Land Mobile Tactical
Communications and Data Network, including Warfighter Information Network-Tactical (WIN–T).
Subtitle C—Navy Programs
Sec. 121. Multiyear procurement authority for Virginia class submarine program.
Sec. 122. Arleigh Burke class destroyers.
† HR 2810 PAP

3
Sec. 123. Multiyear procurement authority for V–22 joint aircraft program.
Sec. 124. Design and construction of amphibious ship replacement designated
LX(R) or amphibious transport dock designated LPD–30.
Sec. 125. Modification of cost limitation baseline for CVN–78 class aircraft carrier program.
Sec. 126. Extension of limitation on use of sole-source shipbuilding contracts for
certain vessels.
Sec. 127. Certification of the enhanced multi mission parachute system for the
United States Marine Corps.
Subtitle D—Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Comptroller General review of total force integration initiatives for reserve component rescue squadrons.
Sec. 133. Authority to increase Primary Aircraft Authorization of Air Force and
Air National Guard A–10 aircraft units for purposes of facilitating A–10 conversion.
Sec. 134. Requirement for continuation of E–8 JSTARS recapitalization program.
Sec. 135. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 141. F–35 economic order quantity contracting authority.
Sec. 142. Authority for Explosive Ordnance Disposal units to acquire new or
emerging technologies and capabilities.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Mechanisms for expedited access to technical talent and expertise at
academic institutions to support Department of Defense missions.
Sec. 212. Codification and enhancement of authorities to provide funds for defense
laboratories for research and development of technologies for
military missions.
Sec. 213. Modification of laboratory quality enhancement program.
Sec. 214. Prizes for advanced technology achievements.
Sec. 215. Expansion of definition of competitive procedures to include competitive
selection for award of research and development proposals.
Sec. 216. Inclusion of modeling and simulation in test and evaluation activities
for purposes of planning and budget certification.
Sec. 217. Differentiation of research and development activities from service activities.
Sec. 218. Designation of additional Department of Defense science and technology
reinvention laboratories.
Sec. 219. Department of Defense directed energy weapon system prototyping and
demonstration program.
Sec. 220. Authority for the Under Secretary of Defense for Research and Engineering to promote innovation in the Department of Defense.
† HR 2810 PAP

4
Sec. 221. Limitation on availability of funds for F–35 Joint Strike Fighter Follow-On Modernization.
Sec. 222. Improvement of update process for populating mission data files used
in advanced combat aircraft.
Subtitle C—Reports and Other Matters
Sec. 231. Competitive acquisition plan for low probability of detection data link
networks.
Sec. 232. Clarification of selection dates for pilot program for the enhancement
of the research, development, test, and evaluation centers of the
Department of Defense.
Sec. 233. Requirement for a plan to build a prototype for a new ground combat
vehicle for the Army.
Sec. 234. Plan for successfully fielding the Integrated Air and Missile Defense
Battle Command System.
Sec. 235. Sense of Congress on hypersonic weapons.
Sec. 236. Importance of historically Black colleges and universities and minorityserving institutions.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Logistics and Sustainment
Sec. 311. Sentinel Landscapes Partnership.
Sec. 312. Increased percentage of sustainment funds authorized for realignment to
restoration and modernization at each installation.
Subtitle C—Reports
Sec. 321. Plan for modernized, dedicated Department of the Navy adversary air
training enterprise.
Subtitle D—Other Matters
Sec. 331. Defense Siting Clearinghouse.
Sec. 332. Temporary installation reutilization authority for arsenals, depots, and
plants.
Sec. 333. Pilot program for operation and maintenance budget presentation.
Sec. 334. Servicewomen’s commemorative partnerships.
Sec. 335. Authority for agreements to reimburse States for costs of suppressing
wildfires on State lands caused by Department of Defense activities under leases and other grants of access to State lands.
Sec. 336. Repurposing and reuse of surplus Army firearms.
Sec. 337. Department of the Navy marksmanship awards.
Sec. 338. Modification of the Second Division Memorial.
Subtitle E—Energy and Environment
Sec. 341. Authority to carry out environmental restoration activities at National
Guard and Reserve locations.
Sec. 342. Special considerations for energy performance goals.
Sec. 343. Centers for Disease Control study on health implications of per- and
polyfluoroalkyl substances contamination in drinking water.
† HR 2810 PAP

5
Sec. 344. Environmental oversight and remediation at Red Hill Bulk Fuel Storage Facility.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve Forces
Sec.
Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.
415.

End strengths for Selected Reserve.
End strengths for Reserves on active duty in support of the reserves.
End strengths for military technicians (dual status).
Fiscal year 2018 limitation on number of non-dual status technicians.
Maximum number of reserve personnel authorized to be on active duty
for operational support.
Sec. 416. Number of members of the National Guard on full-time duty in support
of the reserves within the National Guard Bureau.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Clarification of baselines for authorized numbers of general and flag officers on active duty and in joint duty assignments.
Sec. 502. Authority of promotion boards to recommend officers of particular
merit be placed at the top of the promotion list.
Sec. 503. Clarification to exception for removal of officers from list of officers recommended for promotion after 18 months without appointment.
Sec. 504. Flexibility in promotion of officers to positions of Staff Judge Advocate
to the Commandant of the Marine Corps and Deputy Judge Advocate General of the Navy.
Sec. 505. Repeal of requirement for specification of number of officers who may
be recommended for early retirement by a Selective Early Retirement Board.
Sec. 506. Extension of service-in-grade waiver authority for voluntary retirement
of certain general and flag officers for purposes of enhanced
flexibility in officer personnel management.
Sec. 507. Inclusion of Principal Military Deputy to the Assistant Secretary of the
Army for Acquisition, Technology, and Logistics among officers
subject to repeal of statutory specification of general officer
grade.
Sec. 508. Clarification of effect of repeal of statutory specification of general or
flag officer grade for various positions in the Armed Forces.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates General
of the Navy as of repeal of statutory specification of general and
flag officers grades in the Armed Forces.
Sec. 510. Service credit for cyberspace experience or advanced education upon
original appointment as a commissioned officer.
Sec. 510A. Authority for officers to opt-out of promotion board consideration.
Sec. 510B. Reauthorization of authority to order retired members to active duty
in high-demand, low-density assignments.
† HR 2810 PAP

6
Subtitle B—Reserve Component Management
Sec. 511. Consolidation of authorities to order members of the reserve components
of the Armed Forces to perform duty.
Sec. 512. Establishment of Office of Complex Investigations within the National
Guard Bureau.
Sec. 513. Review of effects of personnel requirements and limitations on the availability of members of the National Guard for the performance
of funeral honors duty for veterans.
Sec. 514. Training for National Guard personnel on wildfire response.
Sec. 515. Plan to meet demand for cyberspace career fields in the reserve components of the Armed Forces.
Subtitle C—General Service Authorities
Sec. 516. Report on policies for regular and reserve officer career management.
Sec. 517. Responsibility of Chiefs of Staff of the Armed Forces for standards and
qualifications for military specialties within the Armed Forces.
Sec. 518. Confidential review of characterization of terms of discharge of members
of the Armed Forces who are survivors of sexual assault.
Sec. 519. Improvements to certain authorities and procedures of discharge review
boards.
Sec. 520. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces
when the claims involve sexual assault.
Sec. 520A. Modification of basis for extension of period for enlistment in the
Armed Forces under the Delayed Entry Program.
Subtitle D—Military Justice Matters
Sec. 521. Revision to Manual for Courts-Martial with respect to dissemination of
visual depictions of private areas or sexually explicit conduct
without the consent of the person depicted.
Sec. 522. Technical and conforming amendments in connection with reform of the
Uniform Code of Military Justice.
Sec. 523. Priority of review by Court of Appeals for the Armed Forces of decisions
of Courts of Criminal Appeals on petitions for enforcement of
victims’ rights.
Sec. 524. Assistance of defense counsel in additional post-trial matters for accused
convicted by court-martial.
Sec. 525. Enumeration of additional limitations on acceptance of plea agreements
by military judges of general or special courts-martial.
Sec. 526. Additional proceedings by Courts of Criminal Appeals by order of
United States Court of Appeals for the Armed Forces.
Sec. 527. Clarification of applicability and effective dates for statute of limitations amendments in connection with Uniform Code of Military
Justice Reform.
Sec. 528. Modification of year of initial review by Military Justice Review Panel
of Uniform Code of Military Justice reform amendments.
Sec. 529. Clarification of applicability of certain provisions of law to civilian
judges of the United States Court of Military Commission Review.
Sec. 530. Enhancement of effective prosecution and defense in courts-martial and
related matters.

† HR 2810 PAP

7
Sec. 531. Court of Appeals for the Armed Forces jurisdiction to review interlocutory appeals of decisions on certain petitions for writs of mandamus.
Sec. 532. Punitive article on wrongful broadcast or distribution of intimate visual images or visual images of sexually explicit conduct under
the Uniform Code of Military Justice.
Sec. 533. Report on availability of postsecondary credit for skills acquired during
military service.
Subtitle E—Member Education, Training, Transition, and Resilience
Sec. 541. Ready, Relevant Learning initiative of the Navy.
Sec. 542. Element in preseparation counseling for members of the Armed Forces
on assistance and support services for caregivers of certain veterans through the Department of Veterans Affairs.
Sec. 543. Discharge in the Selected Reserve of the commissioned service obligation
of military service academy graduates who participate in professional athletics.
Sec. 544. Pilot programs on appointment in the excepted service in the Department of Defense of physically disqualified former cadets and
midshipmen.
Sec. 545. Limitation on availability of funds for attendance of Air Force enlisted
personnel at Air Force officer professional military education inresidence courses.
Sec. 546. Pilot program on integration of Department of Defense and non-Federal
efforts for civilian employment of members of the Armed Forces
following transition from active duty to civilian life.
Sec. 547. Two-year extension of suicide prevention and resilience program for the
National Guard and Reserves.
Sec. 548. Sexual assault prevention and response training for all individuals enlisted in the Armed Forces under a delayed entry program.
Sec. 549. Use of assistance under Department of Defense Tuition Assistance Program for non-traditional education to develop cybersecurity and
computer coding skills.
Sec. 550. Sense of Senate on increasing enrollment in Senior Reserve Officers’
Training Corps programs at minority-serving institutions.
Subtitle F—Defense Dependents’ Education and Military Family Readiness
Matters
PART I—DEFENSE DEPENDENTS’ EDUCATION MATTERS
Sec. 551. Impact aid for children with severe disabilities.
Sec. 552. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 553. One-year extension of authorities relating to the transition and support
of military dependent students to local educational agencies.
PART II—MILITARY FAMILY READINESS MATTERS
Sec. 556. Housing treatment for certain members of the Armed Forces, and their
spouses and other dependents, undergoing a permanent change
of station within the United States.
Sec. 557. Direct hire authority for Department of Defense for childcare services
providers for Department child development centers.

† HR 2810 PAP

8
Sec. 558. Report on expanding and contracting for childcare services of the Department of Defense.
Sec. 559. Report on review of General Schedule pay grades of childcare services
providers of the Department of Defense.
Sec. 560. Pilot program on public-private partnerships for telework facilities on
military installations outside the United States.
Sec. 561. Report on mechanisms to facilitate the obtaining by military spouses
of professional licenses or credentials in other States.
Sec. 562. Additional military childcare matters.
Sec. 563. Mechanisms to facilitate the obtaining by military spouses of occupational licenses or credentials in other States.
Subtitle G—Decorations and Awards
Sec. 571. Authority of Secretary of the Army to award the Personnel Protection
Equipment award of the Army to former members of the Army.
Sec. 572. Authorization for award of Distinguished Service Cross to Specialist
Frank M. Crary for acts of valor in Vietnam.
Subtitle H—Other Matters
Sec. 581. Modification of submittal date of Comptroller General of the United
States report on integrity of the Department of Defense whistleblower program.
Sec. 582. Report to Congress on accompanied and unaccompanied tours of duty
in remote locations with high family support costs.
Sec. 583. Authorization of support for Beyond Yellow Ribbon programs.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Fiscal year 2018 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates of basic
allowance for housing under certain circumstances.
Sec. 603. Adjustment to basic allowance for housing at with dependents rate of
certain members of the uniformed services.
Sec. 604. Modification of authority of President to determine alternative pay adjustment in annual basic pay of members of the uniformed services.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for
health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 consolidated special
pay, incentive pay, and bonus authorities.
Sec. 615. One-year extension of authorities relating to payment of other title 37
bonuses and special pays.
Sec. 616. Aviation bonus matters.
Sec. 617. Special aviation incentive pay and bonus authorities for enlisted members who pilot remotely piloted aircraft.

† HR 2810 PAP

9
Sec. 618. Technical and conforming amendments relating to 2008 consolidation
of special pay authorities.
Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits
PART I—AMENDMENTS

IN

CONNECTION WITH RETIRED PAY REFORM

Sec. 631. Adjustments to Survivor Benefit Plan for members electing lump sum
payments of retired pay under the modernized retirement system
for members of the uniformed services.
Sec. 632. Technical correction regarding election to participate in modernized retirement system for reserve component members experiencing a
break in service.
Sec. 633. Promotion of financial literacy concerning retirement among members
of the Armed Forces.
PART II—OTHER MATTERS
Sec. 636. Authority for the Secretaries of the military departments to provide for
care of remains of those who die on active duty and are interred
in a foreign cemetery.
Sec. 637. Technical corrections to use of member’s current pay grade and years
of service in a division of property involving disposable retired
pay.
Sec. 638. Permanent extension and cost-of-living adjustments of special survivor
indemnity allowances under the Survivor Benefit Plan.
Subtitle D—Other Matters
Sec. 651. Construction of domestic source requirement for footwear furnished to
enlisted members of the Armed Forces on initial entry into the
Armed Forces.
Sec. 652. Inclusion of Department of Agriculture in Transition Assistance Program.
Sec. 653. Review and update of regulations governing debt collectors interactions
with unit commanders.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. TRICARE Advantage demonstration program.
Sec. 702. Continued access to medical care at facilities of the uniformed services
for certain members of the reserve components.
Sec. 703. Modification of eligibility for TRICARE Reserve Select and TRICARE
Retired Reserve of certain members of the reserve components.
Sec. 704. Expedited evaluation and treatment for prenatal surgery under the
TRICARE program.
Sec. 705. Specification that individuals under the age of 21 are eligible for hospice care services under the TRICARE program.
Sec. 706. Modifications of cost-sharing requirements for the TRICARE Pharmacy
Benefits Program and treatment of certain pharmaceutical
agents.
Sec. 707. Consolidation of cost-sharing requirements under TRICARE Select and
TRICARE Prime.
Sec. 708. TRICARE technical amendments.
Sec. 709. Contraception coverage parity under the TRICARE program.
† HR 2810 PAP

10
Subtitle B—Health Care Administration
Sec. 721. Modification of priority for evaluation and treatment of individuals at
military treatment facilities.
Sec. 722. Selection of directors of military treatment facilities and tours of duty
of such directors.
Sec. 723. Clarification of administration of military medical treatment facilities.
Sec. 724. Modification of execution of TRICARE contracting responsibilities.
Sec. 725. Pilot program on establishment of integrated health care delivery systems.
Subtitle C—Reports and Other Matters
Sec. 731. Extension of authority for Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund.
Sec. 732. Additional emergency uses for medical products to reduce deaths and
severity of injuries caused by agents of war.
Sec. 733. Prohibition on conduct of certain medical research and development
projects.
Sec. 734. Modification of determination of average wait times at urgent care clinics and pharmacies at military medical treatment facilities
under pilot program.
Sec. 735. Report on plan to improve pediatric care and related services for children of members of the Armed Forces.
Sec. 736. Inclusion of gambling disorder in health assessments and related research efforts of the Department of Defense.
Sec. 737. Feasibility study on conduct of pilot program on mental health readiness of part-time members of the reserve components of the
Armed Forces.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Repeal of temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by
contractors.
Sec. 802. Technical and conforming amendments related to program management
provisions.
Sec. 803. Should-cost management.
Sec. 804. Clarification of purpose of Defense acquisition.
Sec. 805. Defense policy advisory committee on technology.
Sec. 806. Report on extension of development, acquisition, and sustainment authorities of the military departments to the United States Special Operations Command.
Sec. 807. Ensuring transparency in acquisition programs.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Waiver authority for purposes of expanding competition.
Sec. 812. Increased simplified acquisition threshold applicable to Department of
Defense procurements.
Sec. 813. Increased threshold for cost or pricing data and truth in negotiations
requirements.

† HR 2810 PAP

11
Sec. 814. Contract authority for advanced development of initial or additional
prototype units.
Sec. 815. Treatment of independent research and development costs on certain
contracts.
Sec. 816. Non-traditional contractor definition.
Sec. 817. Repeal of domestic source restriction related to wearable electronics.
Sec. 818. Use of outcome-based and performance-based requirements for services
contracts.
Sec. 819. Pilot program for longer term multiyear service contracts.
Sec. 820. Identification of commercial services.
Sec. 821. Government Accountability Office bid protest reforms.
Sec. 822. Enhanced post-award debriefing rights.
Sec. 823. Limitation on unilateral definitization.
Sec. 824. Restriction on use of reverse auctions and lowest price technically acceptable contracting methods for safety equipment.
Sec. 825. Use of lowest price technically acceptable source selection process.
Sec. 826. Middle tier of acquisition for rapid prototype and rapid fielding.
Sec. 827. Elimination of cost underruns as factor in calculation of penalties for
cost overruns.
Sec. 828. Contract closeout authority.
Sec. 829. Service contracts of the Department of Defense.
Sec. 830. Department of Defense contractor workplace safety and accountability.
Sec. 831. Department of Defense promotion of contractor compliance with existing law.
Subtitle C—Provisions Relating to Major Defense Acquisition Programs
Sec. 835. Revisions to definition of major defense acquisition program.
Sec. 836. Prohibition on use of lowest price technically acceptable source selection
process for major defense acquisition programs.
Sec. 837. Role of the Chief of the armed force in material development decision
and acquisition system milestones.
Subtitle D—Provisions Related to Acquisition Workforce
Sec. 841. Training in commercial items procurement.
Sec. 842. Modification of definition of acquisition workforce to include personnel
engaged in the acquisition or development of cybersecurity systems.
Sec. 843. Training and support for programs pursuing agile acquisition methods.
Sec. 844. Credits to Department of Defense Acquisition Workforce Development
Fund.
Subtitle E—Provisions Related to Commercial Items
Sec.
Sec.
Sec.
Sec.
Sec.

851.
852.
853.
854.
855.

Modification to definition of commercial items.
Revision to definition of commercial item.
Commercial item determinations.
Preference for acquisition of commercial items.
Inapplicable laws and regulations.
Subtitle F—Industrial Base Matters

Sec. 861. Review regarding applicability of foreign ownership, control, or influence requirements of National Security Industrial Program to
national technology and industrial base companies.

† HR 2810 PAP

12
Sec. 862. Pilot program on strengthening manufacturing in defense industrial
base.
Sec. 863. Sunset of certain provisions relating to the industrial base.
Subtitle G—International Contracting Matters
Sec. 865. Procurement exception relating to agreements with foreign governments.
Sec. 866. Applicability of cost and pricing data certification requirements.
Sec. 867. Enhancing program licensing.
Subtitle H—Other Transactions
Sec. 871. Other transaction authority.
Sec. 872. Education and training for transactions other than contracts and
grants.
Sec. 873. Preference for use of other transactions and experimental authority.
Sec. 874. Methods for entering into research agreements.
Subtitle I—Development and Acquisition of Software Intensive and Digital
Products and Services
Sec.
Sec.
Sec.
Sec.

881.
882.
883.
884.

Rights in technical data.
Defense Innovation Board analysis of software acquisition regulations.
Pilot to tailor software-intensive major programs to use agile methods.
Review and realignment of defense business systems to emphasize agile
methods.
Sec. 885. Software development pilot using agile best practices.
Sec. 886. Use of open source software.
Subtitle J—Other Matters
Sec. 891. Improved transparency and oversight over Department of Defense research, development, test, and evaluation efforts and procurement activities related to medical research.
Sec. 892. Rights in technical data related to medical research.
Sec. 893. Oversight, audit, and certification from the Defense Contract Audit
Agency for procurement activities related to medical research.
Sec. 894. Requirements for Defense Contract Audit Agency report.
Sec. 895. Prototype projects to digitize defense acquisition regulations, policies,
and guidance, and empower user tailoring of acquisition process.
Sec. 896. Pilot program for adoption of acquisition strategy for Defense Base Act
insurance.
Sec. 897. Phase III awards.
Sec. 898. Pilot program for streamlined technology transition from the SBIR and
STTR programs of the Department of Defense.
Sec. 899. Annual report on limitation of subcontractor intellectual property
rights.
Sec. 899A. Extension from 20 to 30 years of maximum total period for Department of Defense contracts for storage, handling, or distribution
of liquid fuels and natural gas.
Sec. 899B. Exception for Department of Defense contracts from requirement that
business operations conducted under government contracts accept
and dispense $1 coins.
Sec. 899C. Investing in rural small businesses.

† HR 2810 PAP

13
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Chief Management Officer of the Department of Defense.
Sec. 902. Realignment of responsibilities, duties, and powers of Chief Information
Officer of the Department of Defense.
Sec. 903. Clarification of authority of Under Secretary of Defense for Acquisition
and Sustainment with respect to service acquisition programs
for which the service acquisition executive is the milestone decision authority.
Sec. 904. Executive Schedule matters relating to Under Secretary of Defense for
Acquisition and Sustainment.
Sec. 905. Technical amendment.
Sec. 906. Redesignation of Under Secretary of Defense for Personnel and Readiness as Under Secretary of Defense for Personnel and Health.
Sec. 907. Qualifications for appointment and additional duties and powers of
certain officials within the Office of the Under Secretary of Defense (Comptroller).
Sec. 908. Five-year period of relief from active duty as a commissioned officer of
a regular component of the Armed Forces for appointment to
Under Secretary of Defense positions.
Sec. 909. Redesignation of Principal Deputy Under Secretaries of Defense as
Deputy Under Secretaries of Defense and related matters.
Sec. 910. Reduction of number and elimination of specific designations of Assistant Secretaries of Defense.
Sec. 911. Limitation on maximum number of Deputy Assistant Secretaries of Defense.
Sec. 912. Modification of definition of OSD personnel for purposes of limitation
on number of Office of Secretary of Defense personnel.
Subtitle B—Organization of Other Department of Defense Offices and Elements
Sec. 921. Reduction in authorized number of Assistant Secretaries of the military
departments.
Sec. 922. Qualifications for appointment of Assistant Secretaries of the military
departments for financial management.
Subtitle C—Organization and Management of the Department of Defense
Generally
Sec. 931. Reduction in limitation on number of Department of Defense SES positions.
Sec. 932. Manner of carrying out reductions in major Department of Defense
headquarters activities.
Sec. 933. Certifications on cost savings achieved by reductions in major Department of Defense headquarters activities.
Sec. 934. Direct hire authority for the Department of Defense for personnel to assist in business transformation and management innovation.
Sec. 935. Data analytics capability for support of enhanced oversight and management of the Defense Agencies and Department of Defense
Field Activities.
Sec. 936. Enhanced use of data analytics to improve acquisition program outcomes.

† HR 2810 PAP

14
Sec. 937. Pilot programs on data integration strategies for the Department of Defense.
Sec. 938. Background and security investigations for Department of Defense personnel.
Subtitle D—Other Matters
Sec. 951. Transfer of lead of Guam Oversight Council from the Deputy Secretary
of Defense to the Secretary of the Navy.
Sec. 952. Corrosion control and prevention executives matters.
Sec. 953. Requirement for National Language Service Corps.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Calculations for payments into Department of Defense Military Retirement Fund using single level percentage of basic pay determined
on Armed Force-wide rather than Armed Forces-wide basis.
Sec. 1003. Certifications on audit readiness of the Department of Defense and the
military departments, Defense Agencies, and other organizations
and elements of the Department of Defense.
Sec. 1004. Failure to obtain audit opinion on fiscal year full financial statements
of the Department of Defense.
Sec. 1005. Improper payment matters.
Sec. 1006. Financial operations dashboard for the Department of Defense.
Sec. 1007. Comptroller General of the United States recommendations on audit
capabilities and infrastructure and related matters.
Sec. 1008. Information on Department of Defense funding in Department press
releases and related public statements on programs, projects, and
activities funded by the Department.
Subtitle B—Counterdrug Activities
Sec. 1011. Extension and modification of authority to support a unified
counterdrug and counterterrorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1016. Policy of the United States on minimum number of battle force ships.
Sec. 1017. Operational readiness of Littoral Combat Ships on extended deployment.
Sec. 1018. Authority to purchase used vessels to recapitalize the Ready Reserve
Force and the Military Sealift Command surge fleet.
Sec. 1019. Surveying ships.
Sec. 1020. Pilot program on funding for national defense sealift vessels.
Subtitle D—Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo
Bay, Cuba, to the United States.
Sec. 1032. Extension of 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.

† HR 2810 PAP

15
Sec. 1033. Extension of prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for realignment of forces at
or closure of United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily
for emergency or critical medical treatment.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Matters relating to the submittal of future-years defense programs.
Sec. 1042. Department of Defense integration of information operations and
cyber-enabled information operations.
Sec. 1043. Prohibition on lobbying activities with respect to the Department of
Defense by certain officers of the Armed Forces and civilian employees of the Department within two years of separation from
military service or employment with the Department.
Sec. 1044. Definition of ‘‘unmanned aerial vehicle’’ for purposes of title 10,
United States Code.
Sec. 1045. Technical amendment relating to management of military technicians.
Sec. 1046. Extension of prohibition on use of funds for retirement of legacy maritime mine countermeasure platforms.
Sec. 1047. Sense of Congress on the basing of KC–46A aircraft outside the continental United States.
Sec. 1048. Authorization to procure up to six polar-class icebreakers.
Sec. 1049. Sense of Congress on use of test sites for research and development on
countering unmanned aircraft systems.
Subtitle F—Studies and Reports
Sec. 1061. Assessment of global force posture.
Sec. 1062. Army modernization strategy.
Sec. 1063. Report on Army plan to improve operational unit readiness by reducing number of non-deployable soldiers assigned to operational
units.
Sec. 1064. Efforts to combat physiological episodes on certain Navy aircraft.
Sec. 1065. Studies on aircraft inventories for the Air Force.
Sec. 1066. Plan and recommendations for interagency vetting of foreign investments with potential impacts on national defense and national
security.
Sec. 1067. Report on authorities for the employment, use, and status of National
Guard and Reserve technicians.
Sec. 1068. Conforming repeals and technical amendments in connection with reports of the Department of Defense whose submittal to Congress
has previously been terminated by law.
Sec. 1069. Annual reports on approval of employment or compensation of retired
general or flag officers by foreign governments for Emoluments
Clause purposes.
Sec. 1070. Annual report on civilian casualties in connection with United States
military operations.
Sec. 1071. Report on large-scale, joint exercises involving the air and land domains.
Sec. 1072. Department of Defense review of Navy capabilities in the Arctic region.
† HR 2810 PAP

16
Sec. 1073. Business case analysis on establishment of active duty association and
additional primary aircraft authorizations for the 168th Air Refueling Wing.
Sec. 1074. Report on Navy capacity to increase production of anti-submarine
warfare and search and rescue rotary wing aircraft in light of
increase in the size of the surface fleet to 355 ships.
Subtitle G—Other Matters
Sec. 1081. Protection against misuse of Naval Special Warfare Command insignia.
Sec. 1082. Collaborations between the Armed Forces and certain non-Federal entities on support of Armed Forces missions abroad.
Sec. 1083. Federal charter for Spirit of America.
Sec. 1084. Reconsideration of claims for disability compensation for veterans who
were the subjects of mustard gas or lewisite experiments during
World War II.
Sec. 1085. Prize competition to identify root cause of physiological episodes on
Navy, Marine Corps, and Air Force training and operational
aircraft.
Sec. 1086. Exception to the interdepartmental waiver doctrine for cleanup of vehicle crashes.
Sec. 1087. Transfer of surplus firearms to Corporation for the Promotion of Rifle
Practice and Firearms Safety.
Sec. 1088. Prevention of certain health care providers from providing non-Department health care services to veterans.
Sec. 1089. Declassification by Department of Defense of certain incidents of exposure of members of the Armed Forces to toxic substances.
Sec. 1089A. Carriage of certain programming.
Subtitle H—Modernizing Government Technology
Sec. 1091. Short title.
Sec. 1092. Definitions.
Sec. 1093. Establishment of agency information technology systems modernization
and working capital funds.
Sec. 1094. Establishment of technology modernization fund and board.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Subtitle A—Department of Defense Matters
Sec. 1101. Pilot program on enhanced personnel management system for cybersecurity and legal professionals in the Department of Defense.
Sec. 1102. Inclusion of Strategic Capabilities Office and Defense Innovation Unit
Experimental of the Department of Defense in personnel management authority to attract experts in science and engineering.
Sec. 1103. Permanent authority for demonstration projects relating to acquisition
personnel management policies and procedures.
Sec. 1104. Establishment of senior scientific technical managers at Major Range
and Test Facility Base facilities and Defense Test Resource
Management Center.
Sec. 1105. Extension of temporary direct hire authority for domestic defense industrial base facilities and the major range and test facilities
base.
Sec. 1106. Direct hire authority for financial management experts in the Department of Defense workforce.
† HR 2810 PAP

17
Sec. 1107. Authority for waiver of requirement for a baccalaureate degree for positions in the Department of Defense on cybersecurity and computer programming.
Subtitle B—Government-wide Matters
Sec. 1111. Elimination of foreign exemption provision in regard to overtime for
Federal civilian employees temporarily assigned to a foreign
area.
Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1113. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a
combat zone.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Support of special operations for irregular warfare.
Sec. 1202. Modification of authority on support of special operations to combat
terrorism.
Sec. 1203. Modifications of certain authority in connection with reform of defense
security cooperation programs and activities.
Sec. 1204. Global Security Contingency Fund matters.
Sec. 1205. Defense Institute of International Legal Studies.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of Commanders’ Emergency Response Program and related
authorities.
Sec. 1212. Extension of authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan.
Sec. 1213. Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States military
operations.
Sec. 1214. Extension of authority to acquire products and services produced in
countries along a major route of supply to Afghanistan.
Sec. 1215. Extension of semiannual report on enhancing security and stability in
Afghanistan.
Sec. 1216. Sense of Congress regarding the Afghan special immigrant visa program.
Sec. 1217. Special immigrant visas for Afghan allies.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of authority to provide assistance to counter the Islamic
State of Iraq and Syria.
Sec. 1232. Modification of authority to provide assistance to the vetted Syrian
opposition.
Sec. 1233. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1234. Modification and additional elements in annual report on the military
power of Iran.

† HR 2810 PAP

18
Subtitle D—Matters Relating to the Russian Federation
Sec. 1241. Extension of limitation on military cooperation between the United
States and the Russian Federation.
Sec. 1242. Extension of limitation on availability of funds relating to activities
to recognize the sovereignty of the Russian Federation over Crimea.
Sec. 1243. Extension of Ukraine Security Assistance Initiative.
Sec. 1244. Extension of authority on training for Eastern European national security forces in the course of multilateral exercises.
Sec. 1245. Security assistance for Baltic nations for joint program for resiliency
and deterrence against aggression.
Sec. 1246. Annual report on military and security developments involving the
Russian Federation.
Sec. 1247. Annual report on attempts of the Russian Federation to provide
disinformation and propaganda to members of the Armed Forces
by social media.
Sec. 1248. Support of European Deterrence Initiative to deter Russian aggression.
Sec. 1249. Sense of Congress on the European Deterrence Initiative.
Sec. 1250. Enhancement of Ukraine Security Assistance Initiative.
Sec. 1251. Sense of Congress on the importance of the North Atlantic Treaty Organization Intelligence Fusion Center.
Subtitle E—Matters Relating to the Asia-Pacific Region
Sec. 1261. Asia-Pacific Stability Initiative.
Sec. 1262. Expansion of military-to-military engagement with the Government of
Burma.
Sec. 1263. Agreement supplemental to Compact of Free Association with Palau.
Sec. 1264. Workforce issues for relocation of Marines to Guam.
Sec. 1265. United States policy with respect to freedom of navigation operations
and overflight beyond the territorial seas.
Sec. 1266. Sense of Congress on the importance of the rule of law in the South
China Sea.
Sec. 1267. Sense of Congress on the importance of the relationship between the
United States and Japan.
Sec. 1268. Sense of Congress on the importance of the United States alliance with
the Republic of Korea.
Sec. 1269. Sense of Congress on extended deterrence for the Korean Peninsula and
Japan.
Sec. 1270. Defense partnership between the United States and Taiwan.
Sec. 1270A. Naval port of call exchanges between the United States and Taiwan.
Sec. 1270B. Program to enhance the undersea warfare capabilities of Taiwan.
Sec. 1270C. Invitation of Taiwan military forces to participate in joint military
exercises.
Sec. 1270D. Report on military exchanges between senior officers and officials of
the United States and Taiwan.
Subtitle F—Reports
Sec. 1271. Submittal of Department of Defense Supplemental and Cost of War
Execution reports on quarterly basis.
Sec. 1272. Consolidation of reports on United States Armed Forces, civilian employees, and contractors deployed in support of Operation Inherent Resolve and Operation Freedom’s Sentinel.
† HR 2810 PAP

19
Subtitle G—Other Matters
Sec. 1281. Modification of availability of funds in Special Defense Acquisition
Fund for precision guided munitions.
Sec. 1282. Use of funds in the United States for certain United States-Israel antitunnel cooperation activities.
Sec. 1283. Foreign military sales letters of request for pricing and availability.
Sec. 1284. Sense of Congress on reaffirming strategic partnerships and allies.
Sec. 1285. Sense of Congress on consideration of impact of marine debris in trade
agreements.
TITLE XIII—COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec.
Sec.
Sec.
Sec.
Sec.

1401.
1402.
1403.
1404.
1405.

Working capital funds.
Chemical Agents and Munitions Destruction, Defense.
Drug Interdiction and Counter-Drug Activities, Defense-wide.
Defense Inspector General.
Defense Health Program.
Subtitle B—National Defense Stockpile

Sec. 1411. Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile.
Subtitle C—Chemical Demilitarization Matters
Sec. 1421. Acquisition reporting on major chemical demilitarization programs of
the Department of Defense.
Subtitle D—Armed Forces Retirement Home
Sec. 1431. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1432. Armed Forces Retirement Home matters.
Subtitle E—Other Matters
Sec. 1441. 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.
Sec. 1442. Enhancement of database of emergency response capabilities of the Department of Defense.
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS
Subtitle A—Authorization of Appropriations
Sec.
Sec.
Sec.
Sec.
Sec.

1501.
1502.
1503.
1504.
1505.

Purpose.
Overseas contingency operations.
Procurement.
Research, development, test, and evaluation.
Operation and maintenance.

† HR 2810 PAP

20
Sec.
Sec.
Sec.
Sec.
Sec.

1506.
1507.
1508.
1509.
1510.

Military personnel.
Working capital funds.
Drug Interdiction and Counter-Drug Activities, Defense-wide.
Defense Inspector General.
Defense Health Program.
Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C—Other Matters
Sec. 1531. Afghanistan Security Forces Fund.
TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS
Subtitle A—Space Activities
Sec.
Sec.
Sec.
Sec.
Sec.

1601.
1602.
1603.
1604.
1605.

Air Force Space Command.
Air Force space contractor responsibility watch list.
Presidential National Voice Conferencing System.
Limitation on use of funds for Delta IV launch vehicle.
Policy of the United States with respect to classification of space as
a combat domain.
Sec. 1606. Launch support and infrastructure modernization.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Extension of authority to engage in commercial activities as security
for intelligence collection activities.
Sec. 1612. Consideration of service by recipients of Boren scholarships and fellowships in excepted service positions as service by such recipients
under career appointments for purposes of career tenure.
Subtitle C—Cyber Warfare, Cybersecurity, and Related Matters
Sec. 1621. Policy of the United States on cyberspace, cybersecurity, and cyber
warfare.
Sec. 1622. Cyber posture review.
Sec. 1623. Modification and clarification of requirements and authorities relating
to establishment of unified combatant command for cyber operations.
Sec. 1624. Annual assessment of cyber resiliency of nuclear command and control
system.
Sec. 1625. Strategic Cybersecurity Program.
Sec. 1626. Evaluation of agile acquisition of cyber tools and applications.
Sec. 1627. Report on cost implications of terminating dual-hat arrangement for
Commander of United States Cyber Command.
Sec. 1628. Modification of Information Assurance Scholarship Program.
Sec. 1629. Measuring compliance of components of Department of Defense with
cybersecurity requirements for securing industrial control systems.
Sec. 1630. Exercise on assessing cybersecurity support to election systems of
States.
Sec. 1630A. Report on various approaches to cyber deterrence.
Sec. 1630B. Prohibition on use of software platforms developed by Kaspersky Lab.
† HR 2810 PAP

21
Sec. 1630C. Report on cyber applications of blockchain technology.
Subtitle D—Nuclear Forces
Sec. 1631. Collection, storage, and sharing of data relating to nuclear security enterprise.
Sec. 1632. Establishment of procedures for implementation of Nuclear Enterprise
Review.
Sec. 1633. Procurement authority for certain parts of intercontinental ballistic
missiles.
Sec. 1634. Execution and programmatic oversight of nuclear command, control,
and communications programs.
Sec. 1635. Measures in response to noncompliance of the Russian Federation with
its obligations under the INF Treaty.
Sec. 1636. Certification that the Nuclear Posture Review addresses deterrent effect
and operation of United States nuclear forces in current and future security environments.
Sec. 1637. Plan to manage Integrated Tactical Warning and Attack Assessment
System and multi-domain sensors.
Sec. 1638. Certification requirement with respect to strategic radiation hardened
trusted foundry.
Sec. 1639. Requirements for Nuclear Posture Review.
Sec. 1640. Sense of Congress on Nuclear Posture Review.
Subtitle E—Missile Defense Programs
Sec. 1651. Iron Dome short-range rocket defense system and Israeli Cooperative
Missile Defense Program co-development and co-production.
Sec. 1652. Development of persistent space-based sensor architecture.
Sec. 1653. Ground-based interceptor capability, capacity and reliability.
Sec. 1654. Sense of the Senate on the state of United States missile defense.
Sec. 1655. Sense of the Senate and report on ground-based midcourse defense testing.
Subtitle F—Cyber Scholarship Opportunities
Sec.
Sec.
Sec.
Sec.

1661.
1662.
1663.
1664.

Short title.
Community college cyber pilot program and assessment.
Federal Cyber Scholarship-for Service program updates.
Cybersecurity teaching.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2003. Effective date.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.
2105.
2106.
2107.

Authorized Army construction and land acquisition projects.
Family housing.
Authorization of appropriations, Army.
Modification of authority to carry out certain fiscal year 2014 project.
Modification of authority to carry out certain fiscal year 2015 project.
Extension of authorization of certain fiscal year 2014 project.
Extension of authorizations of certain fiscal year 2015 projects.

† HR 2810 PAP

22
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2201.
2202.
2203.
2204.
2205.
2206.

Authorized Navy construction and land acquisition projects.
Family housing.
Improvements to military family housing units.
Authorization of appropriations, Navy.
Extension of authorizations of certain fiscal year 2014 projects.
Extension of authorizations of certain fiscal year 2015 projects.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.

2301.
2302.
2303.
2304.
2305.

Authorized Air Force construction and land acquisition projects.
Family housing.
Improvements to military family housing units.
Authorization of appropriations, Air Force.
Modification of authority to carry out certain fiscal year 2017
projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2015 projects.
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 2017 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2014 projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2015 projects.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Modification of authority to carry out certain fiscal year 2017
projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Subtitle A—Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and
land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

† HR 2810 PAP

23
Subtitle B—Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year 2015 project.
Sec. 2612. Extension of authorizations of certain fiscal year 2014 projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2015 projects.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and closure
(BRAC) round.
TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Authority to use expiring funds for certain military construction
projects.
Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside
the United States.
Sec. 2803. Authorized cost increases.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Authority to use energy cost savings for energy resilience, mission assurance, and weather damage repair and prevention measures.
Sec. 2812. Modification of unspecified minor military construction project authority to cover correction of deficiencies that are threats to installation resilience.
Sec. 2813. Land exchange valuation of property with reduced development that
limits encroachment on military installations.
Sec. 2814. Access to military installations by transportation network companies.
Subtitle C—Land Conveyances
Sec. 2821. Land conveyance, Natick Soldier Systems Center, Massachusetts.
Sec. 2822. Land conveyance, Army and Air Force Exchange Service property,
Dallas, Texas.
Sec. 2823. Land conveyances, certain former peacekeeper ICBM facilities in Wyoming.
Sec. 2824. Land exchange, Naval Industrial Ordnance Reserve Plant, Sunnyvale,
California.
Sec. 2825. Land exchange, Naval Air Station Corpus Christi, Texas.
Subtitle D—Project Management and Oversight Reforms
Sec. 2831. Notification requirement for certain cost overruns and schedule delays.
Sec. 2832. Limited authority for private sector supervision of military construction projects in event of extensive cost overruns or project delays.
Sec. 2833. Annual report on cost overruns and schedule delays.
Sec. 2834. Report on design errors and omissions related to Fort Bliss hospital
replacement project.

† HR 2810 PAP

24
Sec. 2835. Report on cost increase and delay related to USSTRATCOM command
and control facility project at Offutt Air Force Base.
Subtitle E—Other Matters
Sec. 2841. Annual Department of Defense energy management reports.
Sec. 2842. Aggregation of energy efficiency and energy resilience projects in life
cycle cost analyses.
Sec. 2843. Authority of the Secretary of the Air Force to accept lessee improvements at Air Force Plant 42.
Sec. 2844. Prohibition on use of funds for Kwajalein project.
Sec. 2845. Energy resilience.
Sec. 2846. Consideration of energy security and energy resilience in awarding energy and fuel contracts for military installations.
Sec. 2847. Requirement to address energy resilience in exercising utility system
conveyance authority.
Sec. 2848. In-kind lease payments; prioritization of utility services that promote
energy resilience.
Sec. 2849. Disclosure of beneficial ownership by foreign persons of high security
space leased by the Department of Defense.
Sec. 2850. Establishment of a visitor services facility on the Arlington Ridge
tract.
Sec. 2851. Joint use of Dobbins Air Reserve Base, Marietta, Georgia, with civil
aviation.
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION
Sec.
Sec.
Sec.
Sec.

2901.
2902.
2903.
2904.

Authorized Army construction and land acquisition projects.
Authorized Air Force construction and land acquisition projects.
Authorization of appropriations.
Extension of authorization of certain fiscal year 2015 projects.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec.
Sec.
Sec.
Sec.

3101.
3102.
3103.
3104.

National Nuclear Security Administration.
Defense environmental cleanup.
Other defense activities.
Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Assessment and development of prototype nuclear weapons of foreign
countries.
Sec. 3112. Use of funds for construction and project support activities relating to
MOX facility.
Sec. 3113. Repeal, consolidation, and modification of reporting requirements.
Sec. 3114. National Nuclear Security Administration personnel system.
Sec. 3115. Annual reports on unfunded priorities of National Nuclear Security
Administration.

† HR 2810 PAP

25
Sec. 3116. Extension of authorization of Advisory Board on Toxic Substances and
Worker Health.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency
operations.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E—ADDITIONAL PROVISIONS
TITLE LI—PROCUREMENT
Sec. 5101. Plan for modernization of the radar for F–16 fighter aircraft of the
National Guard.
Sec. 5102. Upgrade of M113 vehicles.

† HR 2810 PAP

26
TITLE LII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 5201. Reauthorization of Department of Defense Established Program To
Stimulate Competitive Research.
Sec. 5202. Pilot program to improve incentives for technology transfer from Department of Defense laboratories.
TITLE LIII—OPERATION AND MAINTENANCE
Sec. 5301. Comptroller General report on Department of Defense installation access control initiatives.
Sec. 5302. Comprehensive plan for sharing depot-level maintenance best practices.
Sec. 5303. Facilities demolition plan of the Army.
TITLE LV—MILITARY PERSONNEL POLICY
Sec. 5501. Criminal background checks of employees of the military child care
system and providers of child care services and youth program
services for military dependents.
Sec. 5502. Review of TAP for women.
Sec. 5503. Annual report on participation in the Transition Assistance Program
for members of the Armed Forces.
Sec. 5504. Modification of deadline for submittal by officers of written communications to promotion selection boards on matters of importance
to their selection.
Sec. 5505. Standardization of authorities in connection with repeal of statutory
specification of general officer grade for the Dean of the Academic Board of the United States Military Academy and the
Dean of the Faculty of the United States Air Force Academy.
Sec. 5506. Civilian training for National Guard pilots and sensor operator aircrews of MQ–9 unmanned aerial vehicles.
Sec. 5507. Authorization for award of the Medal of Honor to Garlin M. Conner
for acts of valor during World War II.
Sec. 5508. Educational opportunities for military children in science, technology,
engineering, and mathematics.
TITLE LLVI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Sec. 5601. Report on use of second-destination transportation to transport fresh
fruit and vegetables to commissaries in the Asia-Pacific region.
Sec. 5602. Report on management of military commissaries and exchanges.
TITLE LVII—HEALTH CARE PROVISIONS
Sec. 5701. Study on safe opioid prescribing practices.
Sec. 5702. Specification that individuals under the age of 21 are eligible for hospice care services under the TRICARE program.
Sec. 5703. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 5704. Longitudinal medical study on blast pressure exposure of members of
the Armed Forces.
Sec. 5705. Authorization of physical therapist assistants and occupational therapy assistants to provide services under the TRICARE program.

† HR 2810 PAP

27
TITLE LIX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 5901. Designation of office within Office of the Secretary of Defense to oversee use of food assistance programs by members of the Armed
Forces on active duty.
TITLE LX—GENERAL PROVISIONS
Sec. 6001. Air Force pilot program on education and training and certification
of secondary and post-secondary students as aircraft technicians.
Sec. 6002. Collaboration between Federal Aviation Administration and Department of Defense on unmanned aircraft systems.
Sec. 6003. Report on defense of combat logistics and strategic mobility forces.
Sec. 6004. Report on the circumstances surrounding the 2016 attacks on the
U.S.S. Mason.
Sec. 6005. Office of Special Counsel reauthorization.
Sec. 6006. Rule of construction on certifications on audit readiness of the Department of Defense and the military departments, Defense Agencies,
and other organizations and elements of the Department of Defense.
Sec. 6007. Certifications on reliability of the financial statements of the Department of Defense and the military departments, Defense Agencies,
and other organizations and elements of the Department of Defense.
Sec. 6008. Streamlining of requirements in connection with audits and the reliability of the financial statements of the Department of Defense.
Sec. 6009. Rankings of auditability of financial statements of the organizations
and elements of the Department of Defense.
Sec. 6010. Report on implementation of Comptroller General of the United States
recommendations for the Department of Defense, Department of
State, and United States Agency for International Development.
Sec. 6011. Report on airports used by Mahan Air.
Sec. 6012. OPEN Government data.
Sec. 6013. Briefing on plans to develop and improve additive manufacturing capabilities.
TITLE LXII—MATTERS RELATING TO FOREIGN NATIONS
Sec. 6201. Advancements in defense cooperation between the United States and
India.
Sec. 6202. Comptroller General of the United States report.
Sec. 6203. Human rights vetting of Afghan National Defense and Security
Forces.
Sec. 6204. Additional matter for sense of Congress on extended deterrence for the
Korean peninsula and Japan.
Sec. 6205. Study on United States interests in the Freely Associated States.
Sec. 6206. Plan to enhance the extended deterrence and assurance capabilities of
the United States in the Asia-Pacific region.
Sec. 6207. Rule of construction on provisions relating to the Ukraine Security Assistance Initiative.
Sec. 6208. Extension of Ukraine Security Assistance Initiative.
Sec. 6209. Extension of authority on training for Eastern European national security forces in the course of multilateral exercises.
Sec. 6210. Security assistance for Baltic nations for joint program for resiliency
and deterrence against aggression.
† HR 2810 PAP

28
Sec. 6211. Annual report on military and security developments involving the
Russian Federation.
Sec. 6212. Annual report on attempts of the Russian Federation to provide
disinformation and propaganda to members of the Armed Forces
by social media.
Sec. 6213. Support of European Deterrence Initiative to deter Russian aggression.
Sec. 6214. Sense of Congress on the European Deterrence Initiative.
Sec. 6215. Enhancement of Ukraine Security Assistance Initiative.
Sec. 6216. Assessment of the expanding global influence of China and its impact
on the national security interests of the United States.
Sec. 6217. Ineffectiveness of expansion of military-to-military engagement with
the Government of Burma.
TITLE LXVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS
Sec. 6601. Sense of Congress on use of Intergovernmental Personnel Act Mobility
Program and Department of Defense Information Technology
Exchange Program to obtain personnel with cyber skills and
abilities for the Department of Defense.
Sec. 6602. Sense of Congress on establishing an award program for the cyber
community of the Department of Defense.
Sec. 6603. Review of United States nuclear and radiological terrorism prevention
strategy.
Sec. 6604. Sense of Congress on National Space Defense Center.
Sec. 6605. Prohibition on establishment of military department or corps separate
from or subordinate to the current military departments.
Sec. 6606. Rule of construction on Iron Dome short-range rocket defense system
and Israeli Cooperative Missile Defense Program.
Sec. 6607. Report on integration of modernization and sustainment of nuclear
triad.
Sec. 6608. Comptroller General of the United States report on Department of Defense critical telecommunications equipment or services obtained
from suppliers closely linked to a leading cyber-threat actor.
TITLE LXXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS
Sec.
Sec.
Sec.
Sec.

7801.
7802.
7803.
7804.

Certification related to certain acquisitions or leases of real property.
Energy security for military installations in Europe.
Land conveyance, Mountain Home Air Force Base, Idaho.
Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities.

TITLE LXXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 8101. Albuquerque Complex upgrades construction project.
TITLE LXXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 8201. Authorization.

† HR 2810 PAP

29
DIVISION F—FURTHER ADDITIONAL PROVISIONS
TITLE CI—PROCUREMENT
Sec. 10101. Interim Combat Service Rifle.
TITLE CII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 10201. Support for national security innovation and entrepreneurial education.
Sec. 10202. Ineffectiveness of codification and enhancement of authorities to provide funds for defense laboratories for research and development
of technologies for military missions.
Sec. 10203. Codification and enhancement of authorities to provide funds for defense laboratories for research and development of technologies
for military missions.
Sec. 10204. Annual report on unfunded requirements for laboratory military construction projects.
Sec. 10205. Very-low profile hardware to interact with the Mobile User Objective
System and other systems.
TITLE CIII—OPERATION AND MAINTENANCE
Sec. 10301. Report on release of radium or radioactive material into the groundwater near the industrial reserve plant in Bethpage, New York.
Sec. 10302. Sense on Congress on the small turbine engine industrial base.
Sec. 10303. Report on optimization of training in and management of special use
airspace.
Sec. 10304. Centers for Disease Control study on health implications of per- and
polyfluoroalkyl substances contamination in drinking water.
TITLE CV—MILITARY PERSONNEL POLICY
Sec. 10501. Flexibility in promotion of Deputy Judge Advocate General of the Air
Force.
Sec. 10502. Ineffectiveness of pilot program on integration of Department of Defense and non-Federal efforts for civilian employment of members of the Armed Forces following transition from active duty
to civilian life.
Sec. 10503. Pilot program on integration of Department of Defense and non-Federal efforts for civilian employment of members of the Armed
Forces following transition from active duty to civilian life.
TITLE CVI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Sec. 10601. Sense of Senate on the use by exchange stores of small businesses as
suppliers.
Sec. 10602. Garnishment to satisfy judgment rendered for physically, sexually, or
emotionally abusing a child.
Sec. 10603. Element in next quadrennial review of military compensation on
value assigned by members of the Armed Forces to various aspects of military compensation.
TITLE CVII—HEALTH CARE PROVISIONS
Sec. 10701. Requirement for reimbursement by Department of Defense to entities
carrying out State vaccination programs for costs of vaccines
provided to covered beneficiaries.
† HR 2810 PAP

30
Sec. 10702. Eligibility for certain health care benefits of members of the Selected
Reserve ordered to active duty for preplanned missions in support of the combatant commands.
TITLE CVIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Sec.
Sec.
Sec.
Sec.

10801.
10802.
10803.
10804.

Responsibilities of commercial market representatives.
Modification to the HUBZone program.
Report on defense contracting fraud.
Government micro-purchase threshold matters.

TITLE CIX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 10901. Report on implementation of requirements in connection with the organization of the Department of Defense for management of special operations forces and special operations.
Sec. 10902. Report on the need for a Joint Chemical-Biological Defense Logistics
Center.
TITLE CX—GENERAL PROVISIONS
Subtitle A—Additional General Provisions
Sec. 11001. Expansion of availability from the Department of Veterans Affairs of
counseling and treatment for sexual trauma for members of the
Armed Forces.
Sec. 11002. Report on the global food system and vulnerabilities relevant to Department of Defense missions.
Sec. 11003. Ineffectiveness of Department of Defense integration of information
operations and cyber-enabled information operations.
Sec. 11004. Department of Defense integration of information operations and
cyber-enabled information operations.
Sec. 11005. Report on cyber capability and readiness shortfalls of Army Combat
Training Centers.
Sec. 11006. Report on the audit of the full financial statements of the Department
of Defense.
Sec. 11007. Report on hurricane damage to Department of Defense assets.
Sec. 11008. Establishment of center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating
to exposure to burn pits and other environmental exposures.
Subtitle B—Government Purchase and Travel Cards
Sec.
Sec.
Sec.
Sec.

11021.
11022.
11023.
11024.

Short title.
Definitions.
Expanded use of data analytics.
Guidance on improving information sharing to curb improper payments.
Sec. 11025. Interagency Charge Card Data Management Group.
Sec. 11026. Reporting requirements.
TITLE CXII—MATTERS RELATING TO FOREIGN NATIONS
Sec. 11201. Sense of Congress on cybersecurity cooperation with Ukraine.
Sec. 11202. North Korea strategy.

† HR 2810 PAP

31
Sec. 11203. Plan on improvement of ability of foreign governments participating
in United States institutional capacity building programs to
protect civilians.
Sec. 11204. Report on the capabilities and activities of the Islamic State of Iraq
and Syria and other violent extremist groups in Southeast Asia.
Sec. 11205. Sense of Congress on the Islamic State of Iraq and the Levant.
Sec. 11206. Clarification of authority to support border security operations of
certain foreign countries.
TITLE CXVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS
Sec. 11601. Requirements relating to multi-use sensitive compartmented information facilities.
Sec. 11602. Ineffectiveness of prohibition on use of software platforms developed
by Kaspersky Lab.
Sec. 11603. Prohibition on use of software platforms developed by Kaspersky Lab.
Sec. 11604. Report on significant security risks of defense critical electric infrastructure.
Sec. 11605. Report on progress made in implementing the Cyber Excepted Personnel System.
Sec. 11606. Report on acquisition strategy to recapitalize the existing system for
undersea fixed surveillance.
Sec. 11607. Comprehensive review of maritime intelligence, surveillance, reconnaissance, and targeting.
Sec. 11608. Report on training infrastructure for cyber forces.
TITLE CXXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS
Sec. 12801. Technical correction to authority for return of certain lands at Fort
Wingate, New Mexico, to original inhabitants.
Sec. 12802. Energy resilience.
TITLE CXXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 13101. Plutonium capabilities.
TITLE CXXXV—MARITIME ADMINISTRATION
Sec. 13501. Ineffectiveness of Martime Administration provisions.
Sec. 13502. Authorization of the Maritime Administration.
Sec. 13503. Removal adjunct professor limit at United States Merchant Marine
Academy.
Sec. 13504. Acceptance of guarantees in conjunction with partial donations for
major projects of the United States Merchant Marine Academy.
Sec. 13505. Authority to pay conveyance or transfer expenses in connection with
acceptance of a gift to the United States Merchant Marine Academy.
Sec. 13506. Authority to participate in Federal, State or other research grants.
Sec. 13607. Assistance for small shipyards and maritime communities.
Sec. 13508. Domestic maritime centers of excellence.
Sec. 13509. Access to satellite communication devices during Sea Year program.
Sec. 13510. Actions to address sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the United States Merchant
Marine Academy.
† HR 2810 PAP

32
Sec. 13511. Sexual assault prevention and response staff.
Sec. 13512. Protection of students from sexual assault onboard vessels.
Sec. 13513. Training requirement for sexual assault investigators.
TITLE CXXXI—FUNDING TABLES
Sec. 14001. Funding tables.
Sec. 14002. Additional funding table matters.
Sec. 14003. Expansion of SkillBridge initiative to include participation by Federal agencies.
Sec. 14004. Temporary extension of extended period of protections for members of
uniformed services relating to mortgages, mortgage foreclosure,
and eviction.
Sec. 14005. Report on compliance with runway clear zone requirements.
Sec. 14006. Limitation on cancellation of designation of Secretary of the Air
Force as Department of Defense Executive Agent for a certain
Defense Production Act Program.
Sec. 14007. Report on the National Biodefense Analysis and Countermeasures
Center (NBACC) and Limitation on Use of Funds.
Sec. 14008. Buy American Act training for Defense acquisition workforce.
Sec. 14009.
Sec. 14010. Recognition of the National Museum of World War II Aviation.
Sec. 14011. Increased term limit for intergovernmental support agreements to
provide installation support services.
Sec. 14012. Report on utilization of small businesses for Federal contracts.
Sec. 14013. Venue for prosecution of maritime drug trafficking.
Sec. 14014. Sense of Congress on fire protection in Department of Defense facilities.
Sec. 14015.

1
2

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

In this Act, the term ‘‘congressional defense commit-

3 tees’’ has the meaning given that term in section 101(a)(16)
4 of title 10, United States Code.
5
6

SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purposes of

7 complying with the Statutory Pay-As-You-Go Act of 2010,
8 shall be determined by reference to the latest statement titled
9 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act,
10 jointly submitted for printing in the Congressional Record
11 by the Chairmen of the House and Senate Budget Commit12 tees, provided that such statement has been submitted prior
† HR 2810 PAP

33
1 to the vote on passage in the House acting first on the con2 ference report or amendment between the Houses.
3
4
5
6
7
8
9

DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fis-

10 cal year 2018 for procurement for the Army, the Navy and
11 the Marine Corps, the Air Force, and Defense-wide activi12 ties, as specified in the funding table in section 4101.
13

Subtitle B—Army Programs

14

SEC. 111. TRANSFER OF EXCESS HIGH MOBILITY MULTI-

15

PURPOSE WHEELED VEHICLES TO FOREIGN

16

COUNTRIES.

17

(a) TRANSFERS.—

18

(1) IN

GENERAL.—Chapter

153 of title 10,

19

United States Code, is amended by inserting after sec-

20

tion 2581 the following new section:

21 ‘‘§ 2581a. Transfer of excess High Mobility Multipur22

pose Wheeled Vehicles (HMMWVs) to for-

23

eign countries

24

‘‘(a) REQUIREMENTS.—(1) Before an excess High Mo-

25 bility Multipurpose Wheeled Vehicle (HMMWV) is trans-

† HR 2810 PAP

34
1 ferred on a grant or sales basis to a foreign country for
2 the purpose of operation by that country, the Secretary of
3 Defense shall ensure that the HMMWV receives the same
4 new, modernized powertrain and a modernized, armored or
5 armor-capable crew compartment restored to like-new con6 dition that the HMMWV would receive if it were to be mod7 ernized for operational use by the armed forces.
8

‘‘(2) For the purposes of paragraph (1), the term ‘the

9 same new, modernized powertrain’—
10
11

‘‘(A) means a fully-functioning new powertrain
system; and

12

‘‘(B) does not mean an individual part, compo-

13

nent, subassembly, assembly, or subsystem integral to

14

the functioning of the powertrain system such as a

15

new engine or transmission.

16

‘‘(3) Any work performed pursuant to paragraph (1)

17 shall be performed in the United States and shall be covered
18 by section 2460(b)(1) of this title.
19

‘‘(b) WAIVER.—Subject to the requirements of sub-

20 section (c), the Secretary may waive the requirements of
21 subsection (a)(1) if the Secretary determines in writing that
22 such an exception is required by the national security inter23 ests of the United States.
24

‘‘(c) NOTIFICATION.—(1) If the Secretary makes a

25 written determination under subsection (b), the Secretary

† HR 2810 PAP

35
1 may not transfer excess HMMWVs until 30 days after the
2 Secretary has provided notice of the proposed transfer to
3 the congressional defense committees. The notification shall
4 include—
5

‘‘(A) the total quantity of HMMWVs, the serial

6

and model numbers of each individual HMMWV, and

7

the age, condition, and expected useful life of each in-

8

dividual HMMWV to be transferred;

9

‘‘(B) the recipient of the HMMWVs, the intended

10

use of the HMMWVs, and a description of the na-

11

tional security interests of the United States necessi-

12

tating the transfer;

13

‘‘(C) an explanation of why it is not in the na-

14

tional security interests of the United States to make

15

the transfer in accordance with the requirements of

16

subsection (a);

17

‘‘(D) the impact on the national technology and

18

industrial base and, particularly, any reduction of

19

the opportunities of entities in the national tech-

20

nology and industrial base to sell new or used

21

HMMWVs to the countries to which the proposed

22

transfer of HMMWVs is to take place; and

23

‘‘(E) the names of all entities in the national

24

technology and industrial base consulted as part of

25

the determination in subsection (D), as well as the

† HR 2810 PAP

36
1

dates when and the names, titles, and affiliations of

2

all individuals with whom such consultations took

3

place.

4

‘‘(2) The Secretary shall make the notification required

5 under this subsection in accordance with the procedures
6 specified in section 060403 of volume 3, chapter 6, of the
7 Department of Defense Financial Management Regula8 tion.’’.
9

(2) CLERICAL

AMENDMENT.—The

table of sec-

10

tions at the beginning of such chapter is amended by

11

inserting after the item relating to section 2581 the

12

following new item:
‘‘2581a. Transfer of excess High Mobility Multipurpose Wheeled Vehicles
(HMMWVs) to foreign countries.’’.

13

(b) EFFECTIVE DATE.—Section 2581a of title 10,

14 United States Code, as added by subsection (a), shall apply
15 with respect to transfers of High Mobility Multipurpose
16 Wheeled Vehicles on and after the date of the enactment of
17 this Act.
18

SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR

19

ARMY AIR-LAND MOBILE TACTICAL COMMU-

20

NICATIONS AND DATA NETWORK, INCLUDING

21

WARFIGHTER INFORMATION NETWORK-TAC-

22

TICAL (WIN–T).

23

(a) LIMITATION.—No funds authorized to be appro-

24 priated by this Act or otherwise made available for fiscal
† HR 2810 PAP

37
1 year 2018 for other procurement, Army, and available for
2 the Warfighter Information Network-Tactical (WIN–T), In3 crement 2 (Inc 2) program may be obligated or expended
4 until the Secretary of the Army submits the report required
5 under subsection (b).
6

(b) REPORT.—The Secretary of the Army shall submit

7 to the congressional defense committees a report describing
8 how the Army intends to implement the recommendations
9 related to air-land ad-hoc, mobile tactical communications
10 and data networks provided by the Director of Cost Assess11 ment and Program Evaluation (CAPE) pursuant to section
12 237 of the National Defense Authorization Act for Fiscal
13 Year 2016 (Public Law 114–92; 129 Stat. 781).
14

Subtitle C—Navy Programs

15

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR-

16
17

GINIA CLASS SUBMARINE PROGRAM.

(a) AUTHORITY

FOR

MULTIYEAR PROCUREMENT.—

18 Subject to section 2306b of title 10, United States Code, the
19 Secretary of the Navy may enter into one or more multiyear
20 contracts, beginning with the fiscal year 2019 program
21 year, for the procurement of up to 13 Virginia class sub22 marines.
23

(b) AUTHORITY

FOR

ADVANCE PROCUREMENT.—The

24 Secretary of the Navy may enter into one or more contracts,
25 beginning in fiscal year 2018, for advance procurement as-

† HR 2810 PAP

38
1 sociated with the Virginia Class submarines for which au2 thorization to enter into a multiyear procurement contract
3 is provided under subsection (a), and for equipment or sub4 systems associated with the Virginia Class submarine pro5 gram, including procurement of—
6

(1) long lead time material; or

7

(2) material or equipment in economic order

8

quantities when cost savings are achievable.

9

(c) CONDITION

10

MENTS.—A

FOR

OUT-YEAR CONTRACT PAY-

contract entered into under subsection (a) shall

11 provide that any obligation of the United States to make
12 a payment under the contract for a fiscal year after fiscal
13 year 2019 is subject to the availability of appropriations
14 or funds for that purpose for such fiscal year.
15

(d) LIMITATION

ON

TERMINATION LIABILITY.—A con-

16 tract for construction of Virginia Class submarines entered
17 into in accordance with subsection (a) shall include a clause
18 that limits the liability of the United States to the con19 tractor for any termination of the contract. The maximum
20 liability of the United States under the clause shall be the
21 amount appropriated for the submarines covered by the
22 contract regardless of the amount obligated under the con23 tract.
24
25

SEC. 122. ARLEIGH BURKE CLASS DESTROYERS.

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—

† HR 2810 PAP

39
1

(1) IN

GENERAL.—Subject

to section 2306b of

2

title 10, United States Code, the Secretary of the

3

Navy may enter into one or more multiyear con-

4

tracts, beginning not earlier than the fourth quarter

5

of fiscal year 2018, for the procurement of up to 15

6

Arleigh Burke class Flight III guided missile destroy-

7

ers.

8

(2) AUTHORITY

FOR ADVANCE PROCUREMENT.—

9

The Secretary of the Navy may enter into one or

10

more contracts, beginning in fiscal year 2018, for ad-

11

vance procurement associated with the destroyers for

12

which authorization to enter into a multiyear pro-

13

curement contract is provided under paragraph (1),

14

and for systems and subsystems associated with such

15

destroyers in economic order quantities when cost sav-

16

ings are achievable.

17

(3) CONDITION

FOR OUT-YEAR CONTRACT PAY-

18

MENTS.—A

19

shall provide that any obligation of the United States

20

to make a payment under the contract for a fiscal

21

year after fiscal year 2018 is subject to the avail-

22

ability of appropriations or funds for that purpose for

23

such fiscal year.

24

(b) MODIFICATION

contract entered into under paragraph (1)

TO

PROCUREMENT

OF

ADDITIONAL

25 ARLEIGH BURKE CLASS DESTROYER.—Section 125(a)(1)

† HR 2810 PAP

40
1 of the National Defense Authorization Act for Fiscal Year
2 2016 (Public Law 114–92) is amended by striking ‘‘to be
3 procured either’’ and inserting ‘‘to be procured using a
4 fixed-price contract either’’.
5

SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22

6
7

JOINT AIRCRAFT PROGRAM.

(a) AUTHORITY

FOR

MULTIYEAR PROCUREMENT.—

8 Subject to section 2306b of title 10, United States Code, the
9 Secretary of Defense may enter into one or more multiyear
10 contracts, beginning with the fiscal year 2018 program
11 year, for the procurement of V–22 aircraft. Notwithstanding
12 subsection (k) of such section 2306b, the Secretary of De13 fense may enter into a multiyear contract under this section
14 for up to five years.
15
16

(b) CONDITION
MENTS.—A

FOR

OUT-YEAR CONTRACT PAY-

contract entered into under subsection (a) shall

17 provide that any obligation of the United States to make
18 a payment under the contract for a fiscal year after fiscal
19 year 2018 is subject to the availability of appropriations
20 for that purpose for such later fiscal year.

† HR 2810 PAP

41
1

SEC. 124. DESIGN AND CONSTRUCTION OF AMPHIBIOUS

2

SHIP REPLACEMENT DESIGNATED LX(R) OR

3

AMPHIBIOUS TRANSPORT DOCK DESIGNATED

4

LPD–30.

5

(a) IN GENERAL.—The Secretary of the Navy may

6 enter into a contract, beginning with the fiscal year 2018
7 program year, for the design and construction of the am8 phibious ship replacement designated LX(R) or the amphib9 ious transport dock designated LPD–30 using amounts au10 thorized to be appropriated for the Department of Defense
11 for Shipbuilding and Conversion, Navy.
12

(b) USE

OF INCREMENTAL

FUNDING.—With respect to

13 the contract entered into under subsection (a), the Secretary
14 may use incremental funding to make payments under the
15 contract.
16
17

(c) CONDITION
MENTS.—The

FOR

OUT-YEAR CONTRACT PAY-

contract entered into under subsection (a)

18 shall provide that any obligation of the United States to
19 make a payment under such contract for any fiscal year
20 after fiscal year 2018 is subject to the availability of appro21 priations for that purpose for such fiscal year.
22

SEC. 125. MODIFICATION OF COST LIMITATION BASELINE

23

FOR CVN–78 CLASS AIRCRAFT CARRIER PRO-

24

GRAM.

25

Section 122(a) of the John Warner National Defense

26 Authorization Act for Fiscal Year 2007 (Public Law 109–
† HR 2810 PAP

42
1 364; 120 Stat. 2105), as most recently amended by section
2 122 of the National Defense Authorization Act for Fiscal
3 Year 2016 (Public Law 114–92; 129 Stat. 749), is further
4 amended by striking paragraph (2) and inserting the fol5 lowing new paragraphs:
6

‘‘(2) CVN–79.—The total amount obligated from

7

funds appropriated or otherwise made available for

8

Shipbuilding and Conversion, Navy, or for any other

9

procurement account, for the aircraft carrier des-

10

ignated CVN–79 may not exceed $11,398,000,000 (as

11

adjusted pursuant to subsection (b)).

12

‘‘(3) FOLLOW-ON

SHIPS.—The

total amount obli-

13

gated from funds appropriated or otherwise made

14

available for Shipbuilding and Conversion, Navy, or

15

for any other procurement account, for any ship that

16

is constructed in the CVN–78 class of aircraft carriers

17

after CVN–79 may not exceed $12,000,000,000 (as ad-

18

justed pursuant to subsection (b)).’’.

19

SEC. 126. EXTENSION OF LIMITATION ON USE OF SOLE-

20

SOURCE

21

CERTAIN VESSELS.

22

SHIPBUILDING

CONTRACTS

FOR

Section 124 of the National Defense Authorization Act

23 for Fiscal Year 2017 (Public Law 114–328) is amended by
24 striking ‘‘2017’’ and inserting ‘‘2017 or fiscal year 2018’’.

† HR 2810 PAP

43
1

SEC. 127. CERTIFICATION OF THE ENHANCED MULTI MIS-

2

SION PARACHUTE SYSTEM FOR THE UNITED

3

STATES MARINE CORPS.

4

(a) CERTIFICATION.—Not later than 90 days after the

5 date of the enactment of this Act, the Secretary of the Navy
6 shall submit to the congressional defense committees a cer7 tification—
8

(1) whether either the Marine Corps’ currently

9

fielded multi mission parachute system or the Army’s

10

RA–1 parachute system meet the Marine Corps re-

11

quirements;

12

(2) whether the Marine Corps’ PARIS, Special

13

Application Parachute meets the Marine Corps re-

14

quirement;

15

(3) whether the testing plan for the enhanced

16

multi mission parachute system meets all regulatory

17

requirements; and

18

(4) whether the Department of the Navy has de-

19

termined that a high glide canopy is as safe and effec-

20

tive as the currently fielded free fall parachute sys-

21

tems.

22

(b) REPORT.—Not later than 90 days after the date

23 of the enactment of this Act, the Secretary of the Navy shall
24 submit to the congressional defense committees a report that
25 includes—

† HR 2810 PAP

44
1

(1) an explanation for using the Parachute In-

2

dustry Association specification for a military para-

3

chute given that sports parachutes are employed from

4

relatively slow flying civilian aircraft at altitudes

5

below 10,000 feet;

6

(2) a cost estimate for any new equipment and

7

training that the Marine Corps will require in order

8

to employ a high glide parachute;

9

(3) justification of why the Department of the

10

Navy is not conducting any testing until first article

11

testing; and

12

(4) an assessment of the risks associated with

13

high glide canopies with a focus on how the Depart-

14

ment of the Navy will mitigate the risk for malfunc-

15

tions experienced in other high glide canopy pro-

16

grams.

17

Subtitle D—Air Force Programs

18

SEC. 131. INVENTORY REQUIREMENT FOR AIR FORCE

19
20

FIGHTER AIRCRAFT.

(a) INVENTORY REQUIREMENT.—Section 8062 of title

21 10, United States Code, is amended by adding at the end
22 the following new subsection:
23

‘‘(i) INVENTORY REQUIREMENT.—(1) Effective October

24 1, 2017, the Secretary of the Air Force shall maintain a
25 total aircraft inventory of fighter aircraft of not less than

† HR 2810 PAP

45
1 1,970 aircraft, and a total primary mission aircraft inven2 tory (combat-coded) of not less than 1,145 fighter aircraft.
3
4
5

‘‘(2) In this subsection:
‘‘(A) The term ‘fighter aircraft’ means an aircraft that—

6
7

‘‘(i) is designated by a mission design series
prefix of F– or A–;

8
9

‘‘(ii) is manned by one or two crewmembers; and

10

‘‘(iii) executes single-role or multi-role mis-

11

sions, including air-to-air combat, air-to-ground

12

attack, air interdiction, suppression or destruc-

13

tion of enemy air defenses, close air support,

14

strike control and reconnaissance, combat search

15

and rescue support, or airborne forward air con-

16

trol.

17

‘‘(B) The term ‘primary mission aircraft inven-

18

tory’ means aircraft assigned to meet the primary

19

aircraft authorization to a unit for the performance

20

of its wartime mission.’’.

21

(b) LIMITATION

ON

RETIREMENT

OF

AIR FORCE

22 FIGHTER AIRCRAFT.—
23

(1) LIMITATION.—Except as provided under sub-

24

section (d), the Secretary of the Air Force may not

25

proceed with a decision to retire fighter aircraft in

† HR 2810 PAP

46
1

any number that would reduce the total number of

2

such aircraft in the Air Force total active inventory

3

(TAI) below 1,970, and shall maintain a minimum

4

of 1,145 fighter aircraft designated as primary mis-

5

sion aircraft inventory (PMAI).

6

(2) ADDITIONAL

LIMITATIONS ON RETIREMENT

7

OF FIGHTER AIRCRAFT.—Except

8

subsection (d), the Secretary of the Air Force may not

9

retire fighter aircraft from the total active inventory

10

as of the date of the enactment of this Act until the

11

later of the following:

as provided under

12

(A) The date that is 30 days after the date

13

on which the Secretary submits the report re-

14

quired under paragraph (3).

15

(B) The date that is 30 days after the date

16

on which the Secretary certifies to the congres-

17

sional defense committees that—

18

(i) the retirement of such fighter air-

19

craft will not increase the operational risk

20

of meeting the National Defense Strategy;

21

and

22

(ii) the retirement of such aircraft will

23

not reduce the total fighter force structure

24

below 1,970 fighter aircraft or the primary

25

mission aircraft inventory below 1,145.

† HR 2810 PAP

47
1

(3) REPORT

ON RETIREMENT OF AIRCRAFT.—

2

The Secretary of the Air Force shall submit to the

3

congressional defense committees a report setting forth

4

the following:

5

(A) The rationale for the retirement of exist-

6

ing fighter aircraft and an operational analysis

7

of replacement fighter aircraft that demonstrates

8

performance of the designated mission at an

9

equal or greater level of effectiveness as the retir-

10

ing aircraft.

11

(B) An assessment of the implications for

12

the Air Force, the Air National Guard, and the

13

Air Force Reserve of the force mix ratio of fight-

14

er aircraft.

15

(C) Such other matters relating to the re-

16

tirement of fighter aircraft as the Secretary con-

17

siders appropriate.

18
19

(c) REPORTS ON FIGHTER AIRCRAFT.—
(1) IN

GENERAL.—Except

as provided under

20

subsection (d), at least 90 days before the date on

21

which a fighter aircraft is retired, the Secretary of the

22

Air Force, in consultation with (where applicable) the

23

Director of the Air National Guard or Chief of the

24

Air Force Reserve, shall submit to the congressional

† HR 2810 PAP

48
1

defense committees a report on the proposed force

2

structure and basing of fighter aircraft.

3
4

(2) ELEMENTS.—Each report submitted under
paragraph (1) shall include the following elements:

5

(A) A list of each fighter aircraft proposed

6

for retirement, including for each such aircraft—

7

(i) the mission design series type;

8

(ii) the variant; and

9

(iii) the assigned unit and military in-

10

stallation where such aircraft is based.

11

(B) A list of each unit affected by a pro-

12

posed retirement listed under subparagraph (A)

13

and a description of how such unit is affected.

14

(C) For each military installation and unit

15

listed under subparagraph (A)(iii), a description

16

of changes, if any, to the designed operational

17

capability (DOC) statement of the unit as a re-

18

sult of a proposed retirement.

19

(D) A description of any anticipated

20

changes in manpower authorizations as a result

21

of a proposed retirement listed under subpara-

22

graph (A).

23

(d) EXCEPTION

FOR

CERTAIN AIRCRAFT.—The re-

24 quirements of subsections (b) and (c) do not apply to indi25 vidual fighter aircraft that the Secretary of the Air Force

† HR 2810 PAP

49
1 determines, on a case-by-case basis, to be non-operational
2 because of mishaps, other damage, or being uneconomical
3 to repair.
4

(e) FIGHTER AIRCRAFT DEFINED.—In this section, the

5 term ‘‘fighter aircraft’’ has the meaning given the term in
6 subsection (i)(2)(A) of section 8062 of title 10, United
7 States Code, as added by subsection (a) of this section.
8

SEC. 132. COMPTROLLER GENERAL REVIEW OF TOTAL

9

FORCE INTEGRATION INITIATIVES FOR RE-

10
11

SERVE COMPONENT RESCUE SQUADRONS.

(a) COMPTROLLER GENERAL REVIEW.—Not later than

12 June 30, 2018, the Comptroller General of the United States
13 shall review the Air Force fielding plan for the HH–60 re14 placement programs and submit to the congressional defense
15 committees a report on the plan.
16

(b) BRIEFING.—Not later than March 1, 2018, the

17 Comptroller General shall provide a briefing to the congres18 sional defense committees on the plan.
19

(c) ELEMENTS.—The review received under subsection

20 (a) shall include, with respect to the HH–60 replacement
21 programs, the following elements:
22

(1) A description of the National Commission on

23

the Structure of the Air Force’s recommendations re-

24

garding the use of concurrent and proportional field-

25

ing and how the Air Force applied these principles in

† HR 2810 PAP

50
1

the fielding plan for the HH–60G replacement pro-

2

grams.

3

(2) An evaluation of the Air Force’s fielding

4

plan for the HH–60G replacement programs, includ-

5

ing an assessment of the Air Force’s rationale for the

6

plan, as well as the alternative fielding plans consid-

7

ered by the Air Force.

8

(3) An evaluation of the potential readiness im-

9

pact of the Air Force’s fielding plan on active duty,

10

National Guard, and Reserve units, including the

11

ability to meet training, maintenance, and deploy-

12

ment requirements, as well as the implications for

13

total force integration initiatives should the fielding

14

not be proportional.

15

(d) HH–60G REPLACEMENT PROGRAMS DEFINED.—

16 In this section, the term ‘‘HH–60G replacement programs’’
17 means the HH–60G Ops Loss Replacement and HH–60W
18 Combat Rescue Helicopter programs.
19

SEC. 133. AUTHORITY TO INCREASE PRIMARY AIRCRAFT AU-

20

THORIZATION OF AIR FORCE AND AIR NA-

21

TIONAL GUARD A–10 AIRCRAFT UNITS FOR

22

PURPOSES OF FACILITATING A–10 CONVER-

23

SION.

24

In the event that conversion of an A–10 aircraft unit

25 is in the best interest of a long-term Air Force mission, the

† HR 2810 PAP

51
1 Secretary of the Air Force may increase the Primary Air2 craft Authorization of Air Force Reserve or Air National
3 Guard A–10 units to 24 aircraft to facilitate such conver4 sion.
5

SEC.

134.

REQUIREMENT

6
7

FOR

CONTINUATION

OF

E–8

JSTARS RECAPITALIZATION PROGRAM.

If the Secretary of the Air Force proposes in a budget

8 request to cancel or modify the current E–8C JSTARS re9 capitalization program as presented to Congress in May
10 2017, the Secretary of Defense shall submit a report at the
11 same time as the Secretary of the Air Force makes such
12 a request budget request. That report shall set forth the fol13 lowing:
14

(1) The rationale and appropriate supporting

15

analysis for the proposed cancellation or modifica-

16

tion.

17

(2) An assessment of the implications of such

18

cancellation or modification for the Air Force, Air

19

National Guard, Army, Army National Guard, Navy

20

and Marine Corps, and combatant commands’ mis-

21

sion needs.

22

(3) A certification that such cancellation or

23

modification of the previous recapitalization program

24

plan would not result in an increased time during

25

which there is a capability gap in providing Battle-

† HR 2810 PAP

52
1

field Management, Command and Control/Intel-

2

ligence, Surveillance, and Reconnaissance (BMC2/

3

ISR) to the combatant commanders.

4

(4) Such other matters relating to the proposed

5

cancellation or modification as the Secretary con-

6

siders appropriate.

7

SEC. 135. PROHIBITION ON AVAILABILITY OF FUNDS FOR

8
9
10

RETIREMENT OF E–8 JSTARS AIRCRAFT.

(a) PROHIBITION
TIREMENT.—Except

ON

AVAILABLE

OF

FUNDS

FOR

RE -

as provided by subsection (b), none of

11 the funds authorized to be appropriated by this Act or other12 wise made available for fiscal year 2018 for the Air Force
13 may be obligated or expended to retire, or prepare to retire,
14 any E–8 Joint Surveillance Target Attack Radar System
15 aircraft.
16

(b) EXCEPTION.—The prohibition in subsection (a)

17 shall not apply to individual Joint Surveillance Target At18 tack Radar System aircraft that the Secretary of the Air
19 Force determines, on a case-by-case basis, to be non-oper20 ational because of mishaps, other damage, or being uneco21 nomical to repair.

† HR 2810 PAP

53

2

Subtitle E—Defense-wide, Joint,
and Multiservice Matters

3

SEC. 141. F–35 ECONOMIC ORDER QUANTITY CONTRACTING

1

4
5

AUTHORITY.

(a) IN GENERAL.—The Secretary of Defense may enter

6 into one or more contracts during fiscal year 2018 for the
7 procurement of economic order quantities of material and
8 equipment that has completed formal hardware qualifica9 tion testing for the F–35 aircraft for use in procurement
10 contracts to be awarded during fiscal years 2019 and 2020.
11 The total amount obligated under all contracts entered into
12 under this section shall not exceed $661,000,000.
13

(b) AUTHORITY.—To the extent that funds are other-

14 wise available for obligation, the Secretary may enter into
15 economic order quantity contracts for purchases under this
16 section whenever the Secretary finds each of the following:
17

(1) That the use of such a contract will result in

18

significant savings of the total anticipated costs of

19

carrying out the program through annual contracts.

20

(2) That the minimum need for the property to

21

be purchased is expected to remain substantially un-

22

changed during the contemplated contract period in

23

terms of production rate, procurement rate, and total

24

quantities.

† HR 2810 PAP

54
1

(3) That there is a reasonable expectation that

2

throughout the contemplated contract period the Sec-

3

retary will request funding for the contract at the

4

level required to avoid contract cancellation.

5

(4) That there is a stable design for the property

6

to be acquired and that the technical risks associated

7

with such property are not excessive.

8

(5) That the estimates of both the cost of the con-

9

tract and the anticipated cost avoidance through the

10

use of an economic order quantity contract are real-

11

istic.

12

(6) That the use of such a contract will promote

13

the national security of the United States.

14

(c) CERTIFICATION REQUIREMENT.—A contract may

15 not be entered into under this section unless the Secretary
16 of Defense certifies in writing, not later than 30 days before
17 entry into the contract, that each of the following conditions
18 is satisfied:
19

(1) The Secretary has determined that each of

20

the requirements in paragraphs (1) through (6) of

21

subsection (b) will be met by such contract and has

22

provided the basis for such determination to the con-

23

gressional defense committees.

24

(2) Confirmation that the preliminary findings

25

of the Secretary under paragraph (1) were made after

† HR 2810 PAP

55
1

the completion of a cost analysis performed by the Di-

2

rector of Cost Assessment and Program Evaluation

3

for the purpose of section 2334(e)(1) of title 10,

4

United States Code, and that the analysis supports

5

those preliminary findings.

6

(3) A sufficient number of end items of the sys-

7

tem being acquired under such contract have been de-

8

livered at or within the most current estimates of the

9

program acquisition unit cost or procurement unit

10

cost for such system to determine that current esti-

11

mates of such unit costs are realistic.

12

(4) During the fiscal year in which such contract

13

is to be awarded, sufficient funds will be available to

14

perform the contract in such fiscal year, and the fu-

15

ture-years defense program for such fiscal year will

16

include the funding required to execute the program

17

without cancellation.

18

(5) The contract is a fixed price type contract.

19

(6) The proposed contract provides for produc-

20

tion at not less than minimum economic rates given

21

the existing tooling and facilities.

† HR 2810 PAP

56
1

SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DIS-

2

POSAL UNITS TO ACQUIRE NEW OR EMERG-

3

ING TECHNOLOGIES AND CAPABILITIES.

4

The Secretary of Defense may provide Explosive Ord-

5 nance Disposal (EOD) units with the authority to acquire
6 new or emerging EOD technologies and capabilities that are
7 not specifically listed on the Table of Allowance (TOA) or
8 Table of Equipment (TOE).

13

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of
Appropriations

14

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

9
10
11
12

15

Funds are hereby authorized to be appropriated for fis-

16 cal year 2018 for the use of the Department of Defense for
17 research, development, test, and evaluation as specified in
18 the funding table in section 4201.

20

Subtitle B—Program Requirements,
Restrictions, and Limitations

21

SEC. 211. MECHANISMS FOR EXPEDITED ACCESS TO TECH-

22

NICAL TALENT AND EXPERTISE AT ACADEMIC

23

INSTITUTIONS TO SUPPORT DEPARTMENT OF

24

DEFENSE MISSIONS.

25

(a) ARRANGEMENTS AUTHORIZED.—

19

† HR 2810 PAP

57
1

(1) IN

GENERAL.—The

Secretary of Defense may

2

establish one or more multi-institution task order con-

3

tracts, consortia, cooperative agreements, or other ar-

4

rangements to facilitate expedited access to university

5

technical expertise, including faculty, staff, and stu-

6

dents, in support of Department of Defense missions

7

in the areas specified in subsection (e).

8
9

(2) USE

FOR TECHNICAL ANALYSES AND ENGI-

NEERING SUPPORT.—The

Secretary may use an ar-

10

rangement under paragraph (1) to fund technical

11

analyses and other engineering support as required to

12

address acquisition and operational challenges, in-

13

cluding support for classified programs and activities.

14

(3) PERFORMANCE

BY DESIGNATED UNIVERSITY

15

PERFORMER.—The

16

awarded through an arrangement under paragraph

17

(1) is performed primarily by the designated univer-

18

sity performer.

19

(b) LIMITATION.—An arrangement established under

Secretary shall ensure that work

20 subsection (a)(1) may not be used to fund research pro21 grams that can be executed through other Department of
22 Defense basic research activities.
23

(c) CONSULTATION WITH OTHER DEPARTMENT

OF

24 DEFENSE ACTIVITIES.—An arrangement established under
25 subsection (a)(1) shall, to the degree practicable, be made

† HR 2810 PAP

58
1 in consultation with other Department of Defense activities,
2 including federally funded research and development centers
3 (FFRDCs), university affiliated research centers (UARCs),
4 and Defense laboratories and test centers, for purposes of
5 providing technical expertise and reducing costs and dupli6 cative efforts.
7

(d) POLICIES

AND

PROCEDURES.—If the Secretary es-

8 tablishes one or more arrangements under subsection (a)(1),
9 the Secretary shall establish and implement policies and
10 procedures to govern—
11
12
13
14
15
16

(1) selection of participants in the arrangement
or arrangements;
(2) the awarding of task orders under the arrangement or arrangements;
(3) maximum award size for tasks under the arrangement or arrangements;

17

(4) the appropriate use of competitive awards

18

and sole source awards under the arrangement or ar-

19

rangements; and

20

(5) technical areas under the arrangement or ar-

21

rangements.

22

(e) MISSION AREAS.—The areas specified in this sub-

23 section are as follows:
24

(1) Cybersecurity.

25

(2) Air and ground vehicles.

† HR 2810 PAP

59
1

(3) Shipbuilding.

2

(4) Explosives detection and defeat.

3

(5) Undersea warfare.

4

(6) Trusted electronics.

5

(7) Unmanned systems.

6

(8) Directed energy.

7

(9) Energy, power, and propulsion.

8

(10) Management science and operations re-

9

search.

10

(11) Artificial intelligence.

11

(12) Data analytics.

12

(13) Business systems.

13

(14) Technology transfer and transition.

14

(15) Biological engineering and genetic enhance-

15

ment.

16

(16) High performance computing.

17

(17) Materials science and engineering.

18

(18) Quantum information sciences.

19

(19) Special operations activities.

20

(20) Modeling and simulation.

21

(21) Autonomous systems.

22

(22) Model based engineering.

23

(23) Such other areas as the Secretary considers

24

appropriate.

† HR 2810 PAP

60
1

(f) SUNSET.—The authorities under this section shall

2 expire on September 30, 2020.
3
4

(g) ARRANGEMENTS ESTABLISHED UNDER SUBSECTION

(A)(1) DEFINED.—In this section, the term ‘‘ar-

5 rangement established under subsection (a)(1)’’ means a
6 multi-institution task order contract, consortia, cooperative
7 agreement, or other arrangement established under sub8 section (a)(1).
9

SEC. 212. CODIFICATION AND ENHANCEMENT OF AUTHORI-

10

TIES TO PROVIDE FUNDS FOR DEFENSE LAB-

11

ORATORIES FOR RESEARCH AND DEVELOP-

12

MENT OF TECHNOLOGIES FOR MILITARY MIS-

13

SIONS.

14

(a) IN GENERAL.—Chapter 139 of title 10, United

15 States Code, is amended by inserting after section 2362 the
16 following new section:
17 ‘‘§ 2363. Mechanisms to provide funds for defense lab18

oratories for research and development of

19

technologies for military missions

20

‘‘(a) MECHANISMS

TO

PROVIDE FUNDS.—(1) The Sec-

21 retary of Defense, in consultation with the Secretaries of
22 the military departments, shall establish mechanisms under
23 which the director of a defense laboratory may use an
24 amount of funds equal to not less than two percent and

† HR 2810 PAP

61
1 not more than four percent of all funds available to the de2 fense laboratory for the following purposes:
3

‘‘(A) To fund innovative basic and applied re-

4

search that is conducted at the defense laboratory and

5

supports military missions.

6

‘‘(B) To fund development programs that sup-

7

port the transition of technologies developed by the de-

8

fense laboratory into operational use.

9

‘‘(C) To fund workforce development activities

10

that improve the capacity of the defense laboratory to

11

recruit and retain personnel with necessary scientific

12

and engineering expertise that support military mis-

13

sions.

14

‘‘(D) To fund the revitalization recapitalization,

15

or minor military construction of the laboratory in-

16

frastructure and equipment, in accordance with sub-

17

section (b).

18

‘‘(2) The mechanisms established under paragraph (1)

19 shall provide that funding shall be used under paragraph
20 (1) at the discretion of the director of a defense laboratory
21 in consultation with the science and technology executive
22 of the military department concerned.
23

‘‘(3) After consultation with the science and technology

24 executive of the military department concerned, the director
25 of a defense laboratory may charge customer activities a

† HR 2810 PAP

62
1 fixed percentage fee, in addition to normal costs of perform2 ance, in order to obtain funds to carry out activities author3 ized by this subsection. The fixed fee may not exceed four
4 percent of costs.
5

‘‘(b) AVAILABILITY

OF

FUNDS

FOR

INFRASTRUCTURE

6 PROJECTS.—(1) Subject to the provisions of this subsection,
7 funds available under a mechanism under subsection
8 (a)(1)(D) that are solely intended to carry out a laboratory
9 infrastructure project shall be available for such project
10 until expended.
11

‘‘(2) Funds shall be available in accordance with para-

12 graph (1) for a project referred to in such paragraph only
13 if the Secretary notifies the congressional defense commit14 tees of the total cost of the project before the date on which
15 the Secretary uses a mechanism under subsection (a)(1)(D)
16 for such project.
17

‘‘(3) Funds may accumulate under a mechanism

18 under subsection (a) for a project referred to in paragraph
19 (1) for not more than five years.
20

‘‘(4) The Secretary shall ensure that a project referred

21 to in paragraph (1) for which funds are made available
22 in accordance with such paragraph complies with the ap23 plicable cost limitations in the following provisions of law:
24
25

‘‘(A) Section 2805(d) of this title, with respect to
revitalization and recapitalization projects.

† HR 2810 PAP

63
1
2

‘‘(B) Section 2811 of this title, with respect to
repair projects.

3

‘‘(C) Section 2802 of this title, with respect to

4

construction projects that exceed the cost specified in

5

subsection (a)(2) of section 2805 of this title for cer-

6

tain unspecified minor military construction projects

7

for laboratories.

8

‘‘(c) ANNUAL REPORT

ON

USE

OF

AUTHORITY.—Not

9 later than March 1 of each year, the Secretary of Defense
10 shall submit to the congressional defense committees a re11 port on the use of the authority under subsection (a) during
12 the preceding year.’’.
13

(b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 139 of such title is amended by
15 inserting after the item relating to section 2362 the fol16 lowing new item:
‘‘2363. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.’’.

17

(c) CONFORMING AMENDMENTS.—(1) Section 219 of

18 the Duncan Hunter National Defense Authorization Act for
19 Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358
20 note), is hereby repealed.
21

(2) Section 2805(d)(1)(B) of title 10, United States

22 Code, is amended by striking ‘‘under section 219(a) of the
23 Duncan Hunter National Defense Authorization Act for

† HR 2810 PAP

64
1 Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358
2 note)’’ and inserting ‘‘section 2363(a) of this title’’.
3

SEC. 213. MODIFICATION OF LABORATORY QUALITY EN-

4
5

HANCEMENT PROGRAM.

(a) IN GENERAL.—Section 211 of the National Defense

6 Authorization Act for Fiscal Year 2017 (Public Law 114–
7 328) is amended—
8

(1) in subsection (a)(1)—

9
10

(A) in subparagraph (A), by striking ‘‘;
and’’ and inserting a semicolon;

11
12

(B) in subparagraph (B), by striking the
semicolon and inserting ‘‘; and’’; and

13
14

(C) by adding at the end the following new
subparagraph:

15

‘‘(C) new interpretations of existing statutes

16

and regulations that would enhance the ability of

17

a director of a science and technology reinven-

18

tion laboratory to manage the facility and dis-

19

charge the mission of the laboratory;’’;

20

(2) in subsection (d), by adding at the end the

21

following new paragraph:

22

‘‘(3)(A) Each panel described in paragraph (1), (2),

23 or (3) of subsection (b) shall submit to the panel described
24 in paragraph (4) of such subsection (relating to governance
25 and oversight processes) the following:

† HR 2810 PAP

65
1

‘‘(i) The findings of the panel with respect to the

2

review conducted by the panel under subsection

3

(a)(1)(C).

4
5
6

‘‘(ii) The recommendations made by the panel
under such subsection.
‘‘(iii)

Such

comments,

findings,

and

rec-

7

ommendations as the panel may have received by a

8

science and technology reinvention laboratory with re-

9

spect to—

10
11

‘‘(I) the review conducted by the panel
under such subsection; or

12
13
14

‘‘(II) recommendations made by the panel
under such subsection.
‘‘(B)(i) The panel described in subsection (b)(4) shall

15 review and refashion such recommendations as the panel
16 may receive under subparagraph (A).
17

‘‘(ii) In reviewing and refashioning recommendations

18 under clause (i), the panel may, as the panel considers ap19 propriate, consult with the science and technology executive
20 of the affected service.
21

‘‘(C) The panel described in subsection (b)(4) shall sub-

22 mit to the Under Secretary of Defense for Research and En23 gineering the recommendations made by the panel under
24 subsection (a)(1)(C) and the recommendations refashioned
25 by the panel under subparagraph (B) of this paragraph.’’;

† HR 2810 PAP

66
1
2
3

(3) by redesignating subsections (e) and (f) as
subsection (f) and (g), respectively; and
(4) by inserting after subsection (d) the following

4

new subsection (e):

5

‘‘(e) INTERPRETATION

OF

PROVISIONS

OF

LAW.—(1)

6 The Under Secretary of Defense for Research and Engineer7 ing, acting under the guidance of the Secretary, shall issue
8 regulations regarding the meaning, scope, implementation,
9 and applicability of any provision of a statute relating to
10 a science and technology reinvention laboratory.
11

‘‘(2) In interpreting or defining under paragraph (1),

12 the Under Secretary shall, to the degree practicable, empha13 size providing the maximum operational flexibility to the
14 directors of the science and technology reinvention labora15 tories to discharge the missions of their laboratories.
16

‘‘(3) In interpreting or defining under paragraph (1),

17 the Under Secretary shall seek recommendations from the
18 panel described in subsection (b)(4).’’.
19

(b) TECHNICAL CORRECTIONS.—(1) Subsections (a),

20 (c)(1)(C), and (d)(2) of such section are amended by strik21 ing ‘‘Assistant Secretary’’ each place it appears and insert22 ing ‘‘Under Secretary’’.
23

(2) Subparagraph (C) of section 342(b)(3) of the Na-

24 tional Defense Authorization Act for Fiscal Year 1995 (Pub25 lic Law 103–337), as amended by section 211(f) of the Na-

† HR 2810 PAP

67
1 tional Defense Authorization Act for Fiscal Year 2017 (Pub2 lic Law 114–328), as redesignated by subsection (a)(3) of
3 this section, is amended by striking ‘‘Assistant Secretary’’
4 and inserting ‘‘Under Secretary’’.
5

SEC. 214. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVE-

6
7

MENTS.

Section 2374a of title 10, United States Code, is

8 amended—
9

(1) in subsection (a), by striking ‘‘in recognition

10

of’’ and inserting ‘‘and other types of prizes that the

11

Secretary determines are appropriate to recognize’’;

12
13
14

(2) in subsection (c), by striking ‘‘cash’’ both
places it appears;
(3) in subsection (e)—

15

(A) by striking ‘‘and from State and local

16

governments’’ and inserting ‘‘, from State and

17

local governments, and from the private sector’’;

18

and

19

(B) by adding at the end the following:

20

‘‘The Secretary may not give any special consid-

21

eration to any private sector entity in return for

22

a donation.’’; and

23

(4) by amending subsection (f) to read as follows:

24

‘‘(f) USE

OF

PRIZE AUTHORITY.—Use of prize author-

25 ity under this section shall be considered the use of competi-

† HR 2810 PAP

68
1 tive procedures for the purposes of section 2304 of this
2 title.’’.
3

SEC. 215. EXPANSION OF DEFINITION OF COMPETITIVE

4

PROCEDURES TO INCLUDE COMPETITIVE SE-

5

LECTION FOR AWARD OF RESEARCH AND DE-

6

VELOPMENT PROPOSALS.

7

Section 2302(2)(B) of title 10, United States Code, is

8 amended by striking ‘‘basic research’’ and inserting ‘‘re9 search and development’’.
10

SEC. 216. INCLUSION OF MODELING AND SIMULATION IN

11

TEST AND EVALUATION ACTIVITIES FOR PUR-

12

POSES OF PLANNING AND BUDGET CERTIFI-

13

CATION.

14

Section 196 of title 10, United States Code, is amend-

15 ed—
16

(1) in subsection (d)(1), in the first sentence, by

17

inserting ‘‘, including modeling and simulation capa-

18

bilities’’ after ‘‘and resources’’; and

19

(2) in subsection (e)(1), by inserting ‘‘, including

20

modeling and simulation activities,’’ after ‘‘evalua-

21

tion activities’’.

22

SEC. 217. DIFFERENTIATION OF RESEARCH AND DEVELOP-

23

MENT ACTIVITIES FROM SERVICE ACTIVITIES.

24

(a) IN GENERAL.—For the purposes of activities and

25 programs carried out by the Department of Defense, re-

† HR 2810 PAP

69
1 search and development activities, including activities
2 under the Small Business Innovation Research Program
3 (SBIR) or the Small Business Technology Transfer Pro4 gram (STTR), shall be considered as separate and distinct
5 from contract service activities.
6

(b) GUIDANCE.—Not later than 180 days after the date

7 of the enactment of this Act, the Secretary of Defense shall
8 issue updated guidance to carry out this section.
9
10

(c) DEFINITIONS.—
(1) IN

GENERAL.—In

this section:

11

(A) The term ‘‘advisory and assistance serv-

12

ice’’ has the meaning given such term in section

13

1105(g)(2) of title 31, United States Code.

14
15

(B) The term ‘‘research and development activities’’—

16

(i) means—

17

(I) creative work undertaken on a

18

systematic basis in order to increase

19

the stock of knowledge, including the

20

knowledge of man, culture, and society;

21

and

22

(II) the use of the stock of knowl-

23

edge described in subparagraph (A) to

24

devise new applications; and

† HR 2810 PAP

70
1

(ii) includes activities described in sec-

2

tion 9 of the Small Business Act (15 U.S.C.

3

638).

4

(C) The term ‘‘contract service activities’’

5

has the meaning given the term ‘‘contract serv-

6

ices’’ in section 2330(c) of title 10, United States

7

Code.

8

(D) The terms ‘‘Small Business Innovation

9

Research Program’’ and ‘‘Small Business Tech-

10

nology Transfer Program’’ have the meanings

11

given such terms in section 9(e) of the Small

12

Business Act (15 U.S.C. 638(e)).

13

(2) DEFINITION

OF SERVICES FOR PURPOSES OF

14

REQUIREMENTS RELATING TO TRACKING OF PUR-

15

CHASES OF SERVICES.—Section

16

United States Code, is amended by inserting after

17

paragraph (4) the following new paragraph:

2330a(h) of title 10,

18

‘‘(5) SERVICES.—The term ‘services’ has the

19

meaning given the term ‘contract services’ in section

20

2330(c) of this title.’’.

21

SEC. 218. DESIGNATION OF ADDITIONAL DEPARTMENT OF

22

DEFENSE SCIENCE AND TECHNOLOGY RE-

23

INVENTION LABORATORIES.

24

Section 1105(a) of the National Defense Authorization

25 Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C.

† HR 2810 PAP

71
1 2358 note) is amended by adding at the end the following
2 new paragraphs:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

‘‘(20) The Air Force Office of Scientific Research.
‘‘(21) The 711th Human Performance Wing of
the Air Force Research Laboratory.
‘‘(22) The Air Vehicles Directorate of the Air
Force Research Laboratory.
‘‘(23) The Directed Energy Directorate of the Air
Force Research Laboratory.
‘‘(24) The Information Directorate of the Air
Force Research Laboratory.
‘‘(25) The Materials and Manufacturing Directorate of the Air Force Research Laboratory.
‘‘(26) The Munitions Directorate of the Air Force
Research Laboratory.
‘‘(27) The Propulsion Directorate of the Air
Force Research Laboratory.
‘‘(28) The Sensors Directorate of the Air Force
Research Laboratory.
‘‘(29) The Space Vehicles Directorate of the Air
Force Research Laboratory.
‘‘(30) The Naval Facilities Engineering and Expeditionary Warfare Center.’’.

† HR 2810 PAP

72
1

SEC. 219. DEPARTMENT OF DEFENSE DIRECTED ENERGY

2

WEAPON SYSTEM PROTOTYPING AND DEM-

3

ONSTRATION PROGRAM.

4

(a) ESTABLISHMENT.—The Secretary of Defense, act-

5 ing through the Under Secretary, shall establish a program
6 on the prototyping and demonstration of directed energy
7 weapon systems to build and maintain the military superi8 ority of the United States by—
9

(1) accelerating the fielding of directed energy

10

weapon systems that would help counter technological

11

advantages of potential adversaries of the United

12

States; and

13

(2) supporting the military departments, the

14

combatant commanders, the United States Special

15

Operations Command, and the Missile Defense Agen-

16

cy in developing prototypes and demonstrating oper-

17

ational utility of high energy lasers and high powered

18

microwave weapon systems.

19

(b) GUIDELINES.—

20

(1) IN

GENERAL.—Not

later than 180 days after

21

the date of the enactment of this Act, the Under Sec-

22

retary shall issue guidelines for the operation of the

23

program established under subsection (a), including—

24

(A) criteria for an application for funding

25

by a military department, defense agency, or a

26

combatant command;
† HR 2810 PAP

73
1

(B) the priorities, if any, to be provided to

2

field directed energy weapon system technologies

3

developed by research funding of the Department

4

or industry; and

5

(C) criteria for evaluation of an application

6

for funding or changes to policies or acquisition

7

and business practices by such a department,

8

agency, or command for purposes of improving

9

the effectiveness and efficiency of the Program.

10

(2) LIMITATION.—Funding for a military de-

11

partment, defense agency, or combatant command

12

under the program established under subsection (a)

13

may only be available for advanced technology devel-

14

opment, prototyping, and demonstrations in which

15

the Department of Defense maintains management of

16

the technical baseline and a primary emphasis on

17

technology transition and evaluating military utility

18

to enhance the likelihood that the particular directed

19

energy weapon system will meet the Department end

20

user’s need.

21

(c) APPLICATIONS FOR FUNDING.—

22

(1) IN

GENERAL.—Not

less frequently than once

23

each year, the Under Secretary shall solicit from the

24

heads of the military departments, the defense agen-

25

cies, and the combatant commands applications for

† HR 2810 PAP

74
1

funding under the program established under sub-

2

section (a) to be used to enter into contracts, coopera-

3

tive agreements, or other transaction agreements en-

4

tered into pursuant to section 2371b of title 10,

5

United States Code, with appropriate entities for the

6

fielding or commercialization of technologies.

7

(2) TREATMENT

PURSUANT TO CERTAIN CON-

8

GRESSIONAL RULES.—Nothing

9

construed to require any official of the Department of

10

Defense to provide funding under the program to any

11

congressional earmark as defined pursuant to clause

12

9 of rule XXI of the Rules of the House of Representa-

13

tives or any congressionally directed spending item as

14

defined pursuant to paragraph 5 of rule XLIV of the

15

Standing Rules of the Senate.

16

(d) FUNDING.—

17

(1) IN

GENERAL.—Except

in this section shall be

as provided in para-

18

graph (2) and subject to the availability of appro-

19

priations for such purpose, of the funds authorized to

20

be appropriated by this Act or otherwise made avail-

21

able for fiscal year 2018 for research, development,

22

test, and evaluation, defense-wide, $200,000,000 shall

23

be available to the Under Secretary to allocate to the

24

military departments, the defense agencies, and the

† HR 2810 PAP

75
1

combatant commands to carry out the program estab-

2

lished under subsection (a).

3

(2) LIMITATION.—Not more than half of the

4

amounts made available under paragraph (1) may be

5

allocated as described in such paragraph until the

6

Under Secretary—

7

(A) develops the strategic plan required by

8

section 219(a)(2)(A) of the National Defense Au-

9

thorization Act for Fiscal Year 2017 (Public

10

Law 114–328; 10 U.S.C. 2431 note); and

11

(B) submits such strategic plan to the con-

12

gressional defense committees.

13
14

(e) DESIGNATION
FOR

OF

UNDER SECRETARY

DEFENSE

RESEARCH AND ENGINEERING AS THE OFFICIAL WITH

15 PRINCIPAL RESPONSIBILITY
16

OF

ONSTRATION OF

FOR

DEVELOPMENT

AND

DEM-

DIRECTED ENERGY WEAPONS.—Section

17 219(a)(1) of the National Defense Authorization Act for Fis18 cal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note)
19 is amended by striking ‘‘Not later’’ and all that follows
20 through ‘‘of Defense’’ and inserting ‘‘The Under Secretary
21 of Defense for Research and Engineering shall serve’’.
22

(f) UNDER SECRETARY DEFINED.—In this section, the

23 term ‘‘Under Secretary’’ means the Under Secretary of De24 fense for Research and Engineering in the Under Sec25 retary’s capacity as the official with principal responsi-

† HR 2810 PAP

76
1 bility for the development and demonstration of directed en2 ergy weapons pursuant to section 219(a)(1) of such Act
3 (Public Law 114–328; 10 U.S.C. 2431 note), as amended
4 by subsection (e).
5

SEC. 220. AUTHORITY FOR THE UNDER SECRETARY OF DE-

6

FENSE FOR RESEARCH AND ENGINEERING TO

7

PROMOTE INNOVATION IN THE DEPARTMENT

8

OF DEFENSE.

9

The Secretary of Defense shall establish procedures

10 under which the Under Secretary of Defense for Research
11 and Engineering may request a time-limited review and
12 if necessary require coordination on and modification of
13 proposed directives, rules, regulations, and other policies
14 that in Under Secretary’s view would adversely affect the
15 ability of the innovation, research, and engineering enter16 prise of the Department of Defense to effectively and effi17 ciently execute its missions, including policies and practices
18 concerning the following:
19

(1) Personnel and talent management.

20

(2) Financial management and budgeting.

21

(3) Infrastructure, installations, and military

22

construction.

23

(4) Acquisition.

24

(5) Management.

† HR 2810 PAP

77
1

(6) Such other areas as the Secretary may des-

2

ignate.

3

SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR F–

4

35 JOINT STRIKE FIGHTER FOLLOW-ON MOD-

5

ERNIZATION.

6

None of the funds authorized to be appropriated by this

7 Act or otherwise made available for fiscal year 2018 or any
8 other fiscal year for the Department of Defense may be obli9 gated for F–35 Joint Strike Fighter Follow-On Moderniza10 tion until the Secretary of Defense provides the final report
11 required under section 224(d) of the National Defense Au12 thorization Act for Fiscal Year 2017 (Public Law 114–328).
13

SEC.

222.

IMPROVEMENT

OF

UPDATE

PROCESS

FOR

14

POPULATING MISSION DATA FILES USED IN

15

ADVANCED COMBAT AIRCRAFT.

16
17

(a) IMPROVEMENTS TO UPDATE PROCESS.—
(1) IN

GENERAL.—The

Secretary of Defense shall

18

take such actions as may be necessary to improve the

19

process used to update the mission data files used in

20

advanced combat aircraft of the United States so that

21

such updates can occur more quickly.

22

(2) REQUIREMENTS.—In improving the process

23

under paragraph (1), the Secretary shall ensure the

24

following:

† HR 2810 PAP

78
1

(A) That under such process, updates to the

2

mission data files are developed, operationally

3

tested, and loaded onto systems of advanced com-

4

bat aircraft while in theaters of operation in a

5

time-sensitive manner to allow for the distin-

6

guishing of threats, including distinguishing

7

friends from foes, loading and delivery of weapon

8

suites, and coordination with allied and coali-

9

tion armed forces.

10

(B) When updates are made to the mission

11

data files, all areas of responsibility (AoRs) are

12

included.

13

(C) The process includes best practices relat-

14

ing to such mission data files that have been

15

identified by industry and allies of the United

16

States.

17

(D) The process improves the exchange of

18

information between weapons systems of the

19

United States and weapon systems of allies and

20

partners of the United States, with respect to

21

such mission data files.

22

(b) CONSULTATION

AND

PILOT PROGRAMS.—In car-

23 rying out subsection (a), the Secretary shall consult the in24 novation organizations resident in the Department of De-

† HR 2810 PAP

79
1 fense and may consider carrying out a pilot program under
2 another provision of this Act.
3

(c) REPORT.—Not later than March 31, 2018, the Sec-

4 retary shall submit to the congressional defense committees
5 a report on the actions taken by the Secretary under sub6 section (a)(1) and how the process described in such sub7 section has been improved.
8
9

Subtitle C—Reports and Other
Matters

10

SEC. 231. COMPETITIVE ACQUISITION PLAN FOR LOW PROB-

11

ABILITY OF DETECTION DATA LINK NET-

12

WORKS.

13

(a) PLAN REQUIRED.—The Under Secretary of De-

14 fense for Acquisition, Technology, and Logistics and the
15 Vice Chairman of the Joint Chiefs of Staff shall jointly,
16 in consultation with the Secretary of the Navy and the Sec17 retary of the Air Force, develop a plan to procure a secure,
18 low probability of detection data link network capability
19 with the ability to effectively operate in hostile jamming
20 environments while preserving the low observable character21 istics of the relevant platforms, between existing and
22 planned—
23

(1) fifth-generation combat aircraft;

24

(2) fifth-generation and fourth-generation combat

25

aircraft;

† HR 2810 PAP

80
1

(3) fifth-generation and fourth-generation combat

2

aircraft and appropriate support aircraft and other

3

network nodes for command, control, communications,

4

intelligence, surveillance, and reconnaissance pur-

5

poses; and

6

(4) fifth-generation and fourth-generation combat

7

aircraft and their associated network-enabled preci-

8

sion weapons.

9

(b) ADDITIONAL PLAN REQUIREMENTS.—The plan re-

10 quired by subsection (a) shall include—
11

(1) nonproprietary and open systems approaches

12

compatible with the Rapid Capabilities Office Open

13

Mission Systems initiative of the Air Force and the

14

Future Airborne Capability Environment initiative

15

of the Navy;

16

(2) a competitive acquisition process, to include

17

comparative flight demonstrations in realistic air-

18

borne environments; and

19

(3) low risk and affordable solutions with mini-

20

mal impact or changes to existing host platforms, and

21

minimal overall integration costs.

22

(c) BRIEFING.—Not later than February 15, 2018, the

23 Under Secretary and the Vice Chairman shall provide to
24 the congressional defense committees written documentation
25 and briefing on the plan developed under subsection (a).

† HR 2810 PAP

81
1

(d) LIMITATION.—Of the funds authorized to be appro-

2 priated by this Act or otherwise made available for fiscal
3 year 2018 for operations and maintenance for the Office
4 of the Secretary of Defense and the Office of the Chairman
5 of the Joint Chiefs of Staff, not more than 85 percent may
6 be obligated or expended until a period of 15 days has
7 elapsed following the date on which the Under Secretary
8 and Vice Chairman submits to the congressional defense
9 committees the plan required by subsection (a).
10

SEC. 232. CLARIFICATION OF SELECTION DATES FOR PILOT

11

PROGRAM FOR THE ENHANCEMENT OF THE

12

RESEARCH, DEVELOPMENT, TEST, AND EVAL-

13

UATION CENTERS OF THE DEPARTMENT OF

14

DEFENSE.

15

Section 233 of the National Defense Authorization Act

16 for Fiscal Year 2017 (Public Law 114–328) is amended—
17

(1) in subsection (b)(2), by striking ‘‘the enact-

18

ment of this Act’’ both places it appears and inserting

19

‘‘such submittal’’; and

20

(2) in subsection (c)(1), by striking ‘‘propose and

21

implement’’ and inserting ‘‘submit to the Assistant

22

Secretary concerned a proposal on, and implement,’’.

† HR 2810 PAP

82
1

SEC. 233. REQUIREMENT FOR A PLAN TO BUILD A PROTO-

2

TYPE FOR A NEW GROUND COMBAT VEHICLE

3

FOR THE ARMY.

4

(a) IN GENERAL.—Not later than 90 days after the

5 date of the enactment of this Act, the Secretary of the Army
6 shall submit to the congressional defense committees a plan
7 to build a prototype for a new ground combat vehicle for
8 the Army.
9

(b) CONTENTS.—The plan required by subsection (a)

10 shall include the following:
11

(1) A description of how the Secretary intends to

12

exploit the latest enabling component technologies that

13

have the potential to dramatically change basic com-

14

bat vehicle design and improve lethality, protection,

15

mobility, range, and sustainment, including an anal-

16

ysis of capabilities of the most advanced foreign

17

ground combat vehicles and whether any have charac-

18

teristics that should inform the development of the

19

Army’s prototype vehicle, including whether any

20

United States allies or partners have advanced capa-

21

bilities that could be directly incorporated in the pro-

22

totype.

23

(2) The schedule, cost, key milestones, and lead-

24

ership plan to rapidly design and build the prototype

25

ground combat vehicle.

† HR 2810 PAP

83
1

SEC. 234. PLAN FOR SUCCESSFULLY FIELDING THE INTE-

2

GRATED AIR AND MISSILE DEFENSE BATTLE

3

COMMAND SYSTEM.

4

(a) PLAN REQUIRED.—Not later than 180 days after

5 the date of the enactment of this Act, the Secretary of the
6 Army shall submit to the congressional defense committees
7 a plan to successfully field a suitable, survivable, and effec8 tive Integrated Air and Missile Defense Battle Command
9 System program.
10

(b) LIMITATION.—None of the funds authorized to be

11 appropriated by this Act for research, development, test,
12 and evaluation may be obligated by the Secretary of the
13 Army for the Army Integrated Air and Missile Defense and
14 the Integrated Air and Missile Defense Battle Command
15 System until the date on which the plan is submitted under
16 subsection (a).
17

SEC. 235. SENSE OF CONGRESS ON HYPERSONIC WEAPONS.

18

(a) FINDINGS.—Congress makes the following findings:

19

(1) The United States has gained a thorough un-

20

derstanding of hypersonic technology over the course

21

of seven decades of experimentation.

22

(2) The requirements for technological break-

23

throughs in hypersonics have largely been established,

24

allowing pursuit of hypersonic glide weapons without

25

a prohibitive budget effect.

† HR 2810 PAP

84
1

(3) The Department of Defense has several

2

hypersonic research and development efforts under-

3

way, including conventional prompt global strike

4

(CPS) weapons system, the Hypersonic Air-Breathing

5

Weapon Concept, and the Tactical Boost Glide pro-

6

gram.

7

(4) In testimony before the Committee on Armed

8

Services of the Senate on April 4, 2017, the Com-

9

mander of United States Strategic Command, Gen-

10

eral John Hyten, identified the conventional prompt

11

global strike weapons system as the ‘‘leading tech-

12

nology maturation effort in the realm of hypersonics’’

13

and stated that his command sees ‘‘an operational

14

need for a CPS capabilities by the mid-2020s.’’.

15

(5) Hypersonic weapons present a radical

16

change in warfare, because they can circumvent many

17

of the challenges associated with contested warfare

18

and integrated air defenses.

19

(6) Hypersonic weapons may provide solutions

20

to difficult problem sets, such as anti-access area de-

21

nial schemes, deeply buried or hardened target sets,

22

and mobile high value target sets.

23

(7) Other countries are aggressively pursuing

24

hypersonic weapons at an alarming rate that threat-

25

en to outpace the United States if the United States

† HR 2810 PAP

85
1

does not more aggressively pursue development of

2

hypersonic weapons.

3

(8) The Air Force has a $10,000,000 requirement

4

on the Unfunded Priority List for hypersonic proto-

5

typing.

6

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

7 that—
8

(1) the Department of Defense should expedite

9

testing, evaluation, and acquisition of hypersonic

10

weapon systems to meet the stated needs of the

11

warfighter;

12

(2) testing of such weapon systems should in-

13

clude flight testing, ground based testing, and under-

14

water launch testing;

15

(3) the Department of Defense should adhere to

16

the requirement in section 1688 of the National De-

17

fense Authorization Act for Fiscal Year 2017 (Public

18

Law 114–328) to proceed to a Milestone A decision on

19

the conventional prompt global strike weapons system

20

not later than September 30, 2020, or the date that

21

is 240 days after the successful completion of inter-

22

mediate range flight 2 of such system;

23

(4) the United States cannot afford to lose its

24

advantage over foreign countries in developing

25

hypersonic weapons; and

† HR 2810 PAP

86
1

(5) the Department of Defense should focus on

2

the next generation of weapon systems, including

3

third offset technologies, such as hypersonics.

4

SEC. 236. IMPORTANCE OF HISTORICALLY BLACK COL-

5

LEGES AND UNIVERSITIES AND MINORITY-

6

SERVING INSTITUTIONS.

7

(a) FINDINGS.—Congress finds that—

8

(1) historically Black colleges and universities

9

(HBCUs) and minority-serving institutions play a

10

vital role in educating low-income and underrep-

11

resented students in areas of national need;

12

(2) HBCUs and minority-serving institutions

13

presently are collaborating with the Department of

14

Defense in research and development efforts that con-

15

tribute to the defense readiness and national security

16

of the Nation;

17

(3) by their research these institutions are help-

18

ing to develop the next generation of scientists and

19

engineers who will help lead the Department of De-

20

fense in addressing high-priority national security

21

challenges; and

22

(4) it is important to further engage HBCUs

23

and minority-serving institutions in university re-

24

search and innovation, especially in prioritizing soft-

25

ware development and cyber security by utilizing ex-

† HR 2810 PAP

87
1

isting Department of Defense labs, and collaborating

2

with existing programs that help attract candidates,

3

including programs like the Air Force Minority Lead-

4

ers Programs, which recruit Americans from diverse

5

background to serve their country through service in

6

our Nation’s military.

7

(b) INCREASE.—Funds authorized to be appropriated

8 in Research, Development, Test, and Evaluation, Defense9 wide, PE 61228D8Z, section 4201, for Basic Research, His10 torically Black Colleges and Universities/Minority Institu11 tions, Line 006, are hereby increased by $12,000,000.
12

(c) OFFSET.—Funding in section 4101 for Other Pro-

13 curement, Army, for Automated Data Processing Equip14 ment, Line 108, is hereby reduced by $12,000,000.
15
16
17
18
19
20

TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fis-

21 cal year 2018 for the use of the Armed Forces and other
22 activities and agencies of the Department of Defense for ex23 penses, not otherwise provided for, for operation and main24 tenance, as specified in the funding table in section 4301.

† HR 2810 PAP

88
1
2
3
4

Subtitle B—Logistics and
Sustainment
SEC. 311. SENTINEL LANDSCAPES PARTNERSHIP.

(a) ESTABLISHMENT.—The Secretary of Defense, in

5 coordination with the Secretary of Agriculture and the Sec6 retary of the Interior, may establish and carry out a pro7 gram to preserve sentinel landscapes. The program shall be
8 known as the ‘‘Sentinel Landscapes Partnership’’.
9

(b) DESIGNATION

OF

SENTINEL LANDSCAPES.—The

10 Secretary of Defense, in consultation with the Secretary of
11 Agriculture and the Secretary of the Interior, may, as the
12 Secretary determines appropriate, collectively designate one
13 or more sentinel landscapes.
14

(c) COORDINATION

OF

ACTIVITIES.—The Secretaries

15 may coordinate actions between their departments and with
16 other agencies and private organizations to more efficiently
17 work together for the mutual benefit of conservation, work18 ing lands, and national defense, and to encourage private
19 landowners to engage in voluntary land management and
20 conservation activities that contribute to the sustainment
21 of military installations, ranges, and airspace.
22

(d) PRIORITY CONSIDERATION.—The Secretary of Ag-

23 riculture and the Secretary of the Interior may give to any
24 eligible landowner or agricultural producer within a des25 ignated sentinel landscape priority consideration for par† HR 2810 PAP

89
1 ticipation in any easement, grant, or assistance programs
2 administered by that Secretary’s department. Participation
3 in any such program pursuant to this section shall be vol4 untary.
5
6

(e) DEFINITIONS.—In this section:
(1) MILITARY

INSTALLATION.—The

term ‘‘mili-

7

tary installation’’ has the same meaning as provided

8

in section 670(1) of title 16, United States Code.

9

(2) STATE-OWNED

NATIONAL GUARD INSTALLA-

10

TION.—The

11

stallation’’ has the same meaning as provided in sec-

12

tion 670(3) of title 16, United States Code.

13

term ‘‘State-owned National Guard in-

(3) SENTINEL

LANDSCAPE.—The

term ‘‘sentinel

14

landscape’’ means a landscape-scale area encom-

15

passing—

16

(A) one or more military installations or

17

state-owned National Guard installations and

18

associated airspace; and

19

(B) the working or natural lands that serve

20

to protect and support the rural economy, the

21

natural environment, outdoor recreation, and the

22

national defense test and training missions of

23

the military- or State-owned National Guard in-

24

stallation or installations.

† HR 2810 PAP

90
1

(f) CONFORMING AMENDMENT.—Section 312(b) of the

2 National Defense Authorization Act for Fiscal Year 2014
3 (Public Law 113–66; 127 Stat. 729; 10 U.S.C. 2684a note)
4 is repealed.
5

SEC.

312.

INCREASED

PERCENTAGE

OF

SUSTAINMENT

6

FUNDS AUTHORIZED FOR REALIGNMENT TO

7

RESTORATION

8

EACH INSTALLATION.

9

AND

MODERNIZATION

AT

(a) IN GENERAL.—The Secretary of Defense may au-

10 thorize an installation commander to realign up to 7.5 per11 cent of an installation’s sustainment funds to restoration
12 and modernization.
13

(b) SUNSET.—The authority under subsection (a) shall

14 expire at the close of September 30, 2022.
15

(c) DEFINITIONS.—The terms ‘‘sustainment’’, ‘‘restora-

16 tion’’, and ‘‘modernization’’ have the meanings given the
17 terms in the Department of Defense Financial Management
18 Regulation.
19

Subtitle C—Reports

20

SEC. 321. PLAN FOR MODERNIZED, DEDICATED DEPART-

21

MENT OF THE NAVY ADVERSARY AIR TRAIN-

22

ING ENTERPRISE.

23

(a) PLAN REQUIRED.—The Chief of Naval Operations

24 and the Commandant of the Marine Corps shall develop a
25 plan—

† HR 2810 PAP

91
1

(1) to establish a modernized, dedicated adver-

2

sary air training enterprise for the Department of the

3

Navy in order to—

4

(A) maximize warfighting effectiveness and

5

synergies of the current and planned fourth and

6

fifth generation combat air forces through opti-

7

mized training and readiness; and

8
9

(B) harness intelligence analysis, emerging
live-virtual-constructive

training

technologies,

10

range infrastructure improvements, and results

11

of experimentation and prototyping efforts in

12

operational concept development;

13

(2) to explore all available opportunities to chal-

14

lenge the combat air forces of the Department of the

15

Navy with threat representative adversary-to-friendly

16

aircraft ratios, known and emerging adversary tac-

17

tics, and high-fidelity replication of threat airborne

18

and ground capabilities; and

19

(3) to execute all means available to achieve

20

training and readiness goals and objectives of the

21

Navy and Marine Corps with demonstrated institu-

22

tional commitment to the adversary air training en-

23

terprise through the application of Department of the

24

Navy policy and resources, partnering with the other

† HR 2810 PAP

92
1

Armed Forces, allies, and friends, and employing the

2

use of industry contracted services.

3

(b) PLAN ELEMENTS.—The plan required under sub-

4 section (a) shall include enterprise goals, objectives, concepts
5 of operations, phased implementation timelines, analysis of
6 expected readiness improvements, prioritized resource re7 quirements, and such other matters as the Chief of Naval
8 Operations and Commandant of the Marine Corps consider
9 appropriate.
10

(c) SUBMITTAL

OF

PLAN

AND

BRIEFING.—Not later

11 than March 1, 2018, the Chief of Naval Operations and
12 Commandant of the Marine Corps shall provide to the Com13 mittees on Armed Services of the Senate and the House of
14 Representatives a written plan and briefing on the plan
15 required under subsection (a).
16
17
18

Subtitle D—Other Matters
SEC. 331. DEFENSE SITING CLEARINGHOUSE.

(a) CODIFICATION.—Chapter 7 of title 10, United

19 States Code, is amended by inserting after section 183 the
20 following new section:
21 ‘‘§ 183a. Defense Siting Clearinghouse for review of
22
23

mission obstructions

‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense

24 shall establish a Defense Siting Clearinghouse (in this sec25 tion referred to as the ‘Clearinghouse’).

† HR 2810 PAP

93
1

‘‘(2) The Clearinghouse shall be—

2

‘‘(A) organized under the authority, direction,

3

and control of an Assistant Secretary of Defense des-

4

ignated by the Secretary; and

5

‘‘(B) assigned such personnel and resources as

6

the Secretary considers appropriate to carry out this

7

section.

8

‘‘(b) FUNCTIONS.—(1) The Clearinghouse shall coordi-

9 nate Department of Defense review of applications for en10 ergy projects filed with the Secretary of Transportation
11 pursuant to section 44718 of title 49 and received by the
12 Department of Defense from the Secretary of Transpor13 tation.
14

‘‘(2) The Clearinghouse shall accelerate the develop-

15 ment of planning tools necessary to determine the accept16 ability to the Department of Defense of proposals included
17 in an application for an energy project submitted pursuant
18 to such section.
19

‘‘(3) The Clearinghouse shall perform such other func-

20 tions as the Secretary of Defense assigns.
21

‘‘(c) REVIEW

OF

PROPOSED ACTIONS.—(1) Not later

22 than 30 days after receiving from the Secretary of Trans23 portation a proper application for an energy project under
24 section 44718 of title 49 that may have an adverse impact
25 on military operations and readiness, the Clearinghouse

† HR 2810 PAP

94
1 shall conduct a preliminary review of such application. The
2 review shall—
3

‘‘(A) assess the likely scope, duration, and level

4

of risk of any adverse impact of such energy project

5

on military operations and readiness; and

6

‘‘(B) identify any feasible and affordable actions

7

that could be taken by the Department, the developer

8

of such energy project, or others to mitigate the ad-

9

verse impact and to minimize risks to national secu-

10

rity while allowing the energy project to proceed with

11

development.

12

‘‘(2) If the Clearinghouse determines under paragraph

13 (1) that an energy project will have an adverse impact on
14 military operations and readiness, the Clearinghouse shall
15 issue to the applicant a notice of presumed risk that de16 scribes the concerns identified by the Department in the pre17 liminary review and requests a discussion of possible miti18 gation actions.
19

‘‘(3) At the same time that the Clearinghouse issues

20 to the applicant a notice of presumed risk under paragraph
21 (2), the Clearinghouse shall provide the same notice to the
22 governor of the State in which the project is located and
23 request that the governor provide the Clearinghouse any
24 comments the governor believes of relevance to the applica25 tion. The Secretary of Defense shall consider the comments

† HR 2810 PAP

95
1 of the governor in the Secretary’s evaluation of whether the
2 project presents an unacceptable risk to the national secu3 rity of the United States and shall include the comments
4 with the determination provided to the Secretary of Trans5 portation pursuant to section 44718(f) of title 49.
6

‘‘(4) The Clearinghouse shall develop, in coordination

7 with other departments and agencies of the Federal Govern8 ment, an integrated review process to ensure timely notifi9 cation and consideration of energy projects filed with the
10 Secretary of Transportation pursuant to section 44718 of
11 title 49 that may have an adverse impact on military oper12 ations and readiness.
13

‘‘(5) The Clearinghouse shall establish procedures for

14 the Department of Defense for the coordinated consideration
15 of and response to a request for a review received from an16 other Federal agency, a State government, an Indian tribal
17 government, a local government, a landowner, or the devel18 oper of an energy project, including guidance to personnel
19 at each military installation in the United States on how
20 to initiate such procedures and ensure a coordinated De21 partment response.
22

‘‘(6) The Clearinghouse shall develop procedures for

23 conducting early outreach to parties carrying out energy
24 projects that could have an adverse impact on military op25 erations and readiness and to clearly communicate to such

† HR 2810 PAP

96
1 parties actions being taken by the Department of Defense
2 under this section. The procedures shall provide for filing
3 by such parties of a project area and preliminary project
4 layout at least one year before expected construction of any
5 project proposed within a military training route or within
6 line-of-sight of any air route surveillance radar or airport
7 surveillance radar operated or used by the Department of
8 Defense in order to provide adequate time for analysis and
9 negotiation of mitigation options. Material marked as pro10 prietary or competition sensitive by a party filing for this
11 preliminary review shall be protected from public release
12 by the Department of Defense.
13

‘‘(d) COMPREHENSIVE REVIEW.—(1) The Secretary of

14 Defense shall develop a comprehensive strategy for address15 ing the military impacts of projects filed with the Secretary
16 of Transportation pursuant to section 44718 of title 49.
17

‘‘(2) In developing the strategy required by paragraph

18 (1), the Secretary shall—
19

‘‘(A) assess of the magnitude of interference

20

posed by projects filed with the Secretary of Trans-

21

portation pursuant to section 44718 of title 49;

22

‘‘(B) for the purpose of informing preliminary

23

reviews under subsection (c)(1) and early outreach ef-

24

forts under subsection (c)(5), identify geographic

25

areas selected as proposed locations for projects filed,

† HR 2810 PAP

97
1

or which may be filed in the future, with the Sec-

2

retary of Transportation pursuant to section 44718 of

3

title 49 where such projects could have an adverse im-

4

pact on military operations and readiness and cat-

5

egorize the risk of adverse impact in such areas; and

6

‘‘(C) specifically identify feasible and affordable

7

long-term actions that may be taken to mitigate ad-

8

verse impacts of projects filed, or which may be filed

9

in the future, with the Secretary of Transportation

10

pursuant to section 44718 of title 49, on military op-

11

erations and readiness, including—

12

‘‘(i) investment priorities of the Department

13

of Defense with respect to research and develop-

14

ment;

15
16

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

17

‘‘(iii) recommended upgrades or modifica-

18

tions to existing systems or procedures by the

19

Department of Defense;

20

‘‘(iv) acquisition of new systems by the De-

21

partment and other departments and agencies of

22

the Federal Government and timelines for field-

23

ing such new systems; and

† HR 2810 PAP

98
1

‘‘(v) modifications to the projects for which

2

such applications are filed, including changes in

3

size, location, or technology.

4

‘‘(e) DEPARTMENT

OF

DEFENSE DETERMINATION

OF

5 UNACCEPTABLE RISK.—(1) The Secretary of Defense may
6 not object to an energy project filed with the Secretary of
7 Transportation pursuant to section 44718 of title 49, except
8 in a case in which the Secretary of Defense determines, after
9 giving full consideration to mitigation actions identified
10 pursuant to this section, that such project, in isolation or
11 cumulatively with other projects, would result in an unac12 ceptable risk to the national security of the United States.
13 Such a determination shall constitute a finding pursuant
14 to section 44718(f) of title 49.
15

‘‘(2)(A) Not later than 30 days after making a deter-

16 mination of unacceptable risk under paragraph (1), the
17 Secretary of Defense shall submit to the congressional de18 fense committees a report on such determination and the
19 basis for such determination. Such report shall include an
20 explanation of the operational impact that led to the deter21 mination, a discussion of the mitigation options considered,
22 and an explanation of why the mitigation options were not
23 feasible or did not resolve the conflict. The Secretary of De24 fense may provide public notice through the Federal Reg25 ister of the determination.

† HR 2810 PAP

99
1

‘‘(B) The Secretary of Defense shall notify the appro-

2 priate State agency of a determination made under para3 graph (1).
4

‘‘(3) The Secretary of Defense may only delegate the

5 responsibility for making a determination of unacceptable
6 risk under paragraph (1) to the Deputy Secretary of De7 fense, an under secretary of defense, or a deputy under sec8 retary of defense.
9

‘‘(f) AUTHORITY

TO

ACCEPT CONTRIBUTIONS

OF

10 FUNDS.—The Secretary of Defense is authorized to request
11 and accept a voluntary contribution of funds from an ap12 plicant for a project filed with the Secretary of Transpor13 tation pursuant to section 44718 of title 49. Amounts so
14 accepted shall remain available until expended for the pur15 pose of offsetting the cost of measures undertaken by the Sec16 retary of Defense to mitigate adverse impacts of such a
17 project on military operations and readiness or to conduct
18 studies of potential measures to mitigate such impacts.
19

‘‘(g) EFFECT

OF

DEPARTMENT

OF

DEFENSE HAZARD

20 ASSESSMENT.—An action taken pursuant to this section
21 shall not be considered to be a substitute for any assessment
22 or determination required of the Secretary of Transpor23 tation under section 44718 of title 49.
24

‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall

25 be construed to affect or limit the application of, or any

† HR 2810 PAP

100
1 obligation to comply with, any environmental law, includ2 ing the National Environmental Policy Act of 1969 (42
3 U.S.C. 4321 et seq.).
4

‘‘(i) DEFINITIONS.—In this section:

5

‘‘(1) The term ‘adverse impact on military oper-

6

ations and readiness’ means any adverse impact upon

7

military operations and readiness, including flight

8

operations, research, development, testing, and evalua-

9

tion, and training, that is demonstrable and is likely

10

to impair or degrade the ability of the armed forces

11

to perform their warfighting missions.

12

‘‘(2) The term ‘energy project’ means a project

13

that provides for the generation or transmission of

14

electrical energy.

15

‘‘(3) The term ‘landowner’ means a person that

16

owns a fee interest in real property on which a pro-

17

posed energy project is planned to be located.

18

‘‘(4) The term ‘military installation’ has the

19

meaning given that term in section 2801(c)(4) of this

20

title.

21

‘‘(5) The term ‘military readiness’ includes any

22

training or operation that could be related to combat

23

readiness, including testing and evaluation activities.

24

‘‘(6) The term ‘military training route’ means a

25

training route developed as part of the Military

† HR 2810 PAP

101
1

Training Route Program, carried out jointly by the

2

Federal Aviation Administration and the Secretary of

3

Defense, for use by the armed forces for the purpose

4

of conducting low-altitude, high-speed military train-

5

ing.

6

‘‘(7) The term ‘unacceptable risk to the national

7

security of the United States’ means the construction,

8

alteration, establishment, or expansion, or the pro-

9

posed construction, alteration, establishment, or ex-

10

pansion, of a structure or sanitary landfill that

11

would—

12

‘‘(A) significantly endanger safety in air

13

commerce, related to the activities of the Depart-

14

ment of Defense;

15

‘‘(B) significantly interfere with the effi-

16

cient use and preservation of the navigable air-

17

space and of airport traffic capacity at public-

18

use airports, related to the activities of the De-

19

partment of Defense; or

20

‘‘(C) significantly impair or degrade the ca-

21

pability of the Department of Defense to conduct

22

training, research, development, testing, and

23

evaluation, and operations or to maintain mili-

24

tary readiness.’’.

25

(b) CONFORMING AND CLERICAL AMENDMENTS.—

† HR 2810 PAP

102
1

(1) REPEAL

OF EXISTING PROVISION.—Section

2

358 of the Ike Skelton National Defense Authorization

3

Act for Fiscal Year 2011 (49 U.S.C. 44718 note) is

4

repealed.

5

(2) CROSS-REFERENCE

IN

TITLE

49,

UNITED

6

STATES CODE.—Section

7

States Code, is amended by inserting ‘‘and in accord-

8

ance with section 183a(e) of title 10’’ after ‘‘conducted

9

under subsection (b)’’.

10

(3)

REFERENCE

44718(f) of title 49, United

TO

REGULATIONS.—Section

11

44718(g) of title 49, United States Code, is amended

12

by striking ‘‘211.3 of title 32, Code of Federal Regula-

13

tions, as in effect on January 6, 2014’’ both places it

14

appears and inserting ‘‘183a(i) of title 10’’.

15

(4) TABLE

OF SECTIONS AMENDMENT.—The

table

16

of sections at the beginning of chapter 7 of title 10

17

is amended by inserting after the item relating to sec-

18

tion 183 the following new item:
‘‘183a. Defense Siting Clearinghouse for review of mission obstructions.’’.

19
20

(c) APPLICABILITY

OF

TIONS.—Notwithstanding

EXISTING RULES

AND

REGULA-

the amendments made by sub-

21 section (a), any rule or regulation promulgated to carry
22 out section 358 of the Ike Skelton National Defense Author23 ization Act for Fiscal Year 2011 (49 U.S.C. 44718 note),
24 that is in effect on the day before the date of the enactment
25 of this Act shall continue in effect and apply to the extent
† HR 2810 PAP

103
1 such rule or regulation is consistent with the authority
2 under section 183a of title 10, United States Code, as added
3 by subsection (a), until such rule or regulation is otherwise
4 amended or repealed.
5

SEC. 332. TEMPORARY INSTALLATION REUTILIZATION AU-

6

THORITY

7

PLANTS.

8

FOR

ARSENALS,

DEPOTS,

AND

(a) MODIFIED AUTHORITY.—In the case of a military

9 manufacturing arsenal, depot, or plant, the Secretary of the
10 Army may authorize leases and contracts under section
11 2667 of title 10, United States Code, for a term of up to
12 25 years, notwithstanding subsection (b)(1) of such section,
13 if the Secretary determines that a lease or contract of that
14 duration will promote the national defense for the purpose
15 of—
16

(1) helping to maintain the viability of the mili-

17

tary manufacturing arsenal, depot, or plant and any

18

military installations on which it is located;

19

(2) eliminating, or at least reducing, the cost of

20

Government ownership of the military manufacturing

21

arsenal, depot, or plant, including the costs of oper-

22

ations and maintenance, the costs of environmental

23

remediation, and other costs; and

24

(3) leveraging private investment at the military

25

manufacturing arsenal, depot, or plant through long-

† HR 2810 PAP

104
1

term facility use contracts, property management

2

contracts, leases, or other agreements that support

3

and advance the preceding purposes.

4

(b) DELEGATION AND REVIEW PROCESS.—

5

(1) IN

GENERAL.—The

Secretary of the Army

6

may delegate the authority provided by this section to

7

the commander of the major subordinate command of

8

the Army that has responsibility for the military

9

manufacturing arsenal, depot, or plant or, if part of

10

a larger military installation, the installation as a

11

whole. The commander may approve a lease or con-

12

tract under such authority on a case-by-case basis or

13

a class basis.

14

(2) NOTICE

OF APPROVAL.—Upon

any approval

15

of a lease or contract by a commander pursuant to

16

a delegation of authority under paragraph (1), the

17

commander shall notify the Army real property man-

18

ager and Congress of the approval.

19

(3) REVIEW

PERIOD.—Any

lease or contract that

20

is approved utilizing the delegation authority under

21

paragraph (1) is subject to a 90-day hold period so

22

that the Army real property manager may review the

23

lease or contract pursuant to paragraph (4).

24
25

(4) DISPOSITION

OF REVIEW.—If

the Army real

property manager disapproves of a contract or lease

† HR 2810 PAP

105
1

submitted for review under paragraph (3), the agree-

2

ment shall be null and void upon transmittal by the

3

real property manager to the delegating authority of

4

a written disapproval, including a justification for

5

such disapproval, within the 90-day hold period. If

6

no such disapproval is transmitted within the 90-day

7

hold period, the agreement shall be deemed approved.

8

(5) APPROVAL

OF REVISED AGREEMENT.—If,

not

9

later than 60 days after receiving a disapproval

10

under paragraph (4), the delegating authority sub-

11

mits to the Army real property manager a new con-

12

tract or lease that addresses the concerns of the Army

13

real property manager outlined in such disapproval,

14

the new contract or lease shall be deemed approved

15

unless the Army real property manager transmits to

16

the delegating authority a disapproval of the new con-

17

tract or lease within 30 days of such submission.

18

(c) MILITARY MANUFACTURING ARSENAL, DEPOT,

OR

19 PLANT DEFINED.—In this section, the term ‘‘military man20 ufacturing arsenal, depot, or plant’’ means a Government21 owned, Government-operated defense plant of the Army that
22 manufactures weapons, weapon components, or both.
23

(d) SUNSET.—The authority under this section shall

24 terminate at the close of September 30, 2020. Any contracts

† HR 2810 PAP

106
1 entered into on or before such date shall continue in effect
2 according to their terms.
3

SEC. 333. PILOT PROGRAM FOR OPERATION AND MAINTE-

4

NANCE BUDGET PRESENTATION.

5

(a) IN GENERAL.—Along with the budget for fiscal

6 years 2019, 2020, and 2021 submitted by the President pur7 suant to section 1105(a) of title 31, United States Code,
8 the Secretary of Defense and the Secretaries of the military
9 departments shall submit to the Committees on Armed Serv10 ices of the Senate and the House of Representatives an
11 annex for the following Operation and Maintenance sub12 activity groups (SAG):
13

(1) For the Army:

14

(A) SAG 111 – Maneuver Units.

15

(B) SAG 123 – Land Forces Depot Mainte-

16

nance.

17

(C) SAG 131 – Base Operations Support.

18

(D) SAG 322 – Flight Training.

19

(2) For the Navy:

20
21

(A) SAG 1A5A – Aircraft Depot Maintenance.

22
23

(B) SAG 1B1B – Mission and Other Ship
Operations.

24

(C) SAG 1B4B – Ship Depot Maintenance.

25

(D) SAG BSS1 – Base Operating Support.

† HR 2810 PAP

107
1

(3) For the Marine Corps:

2

(A) SAG 1A1A – Operational Forces.

3

(B) SAG 1A3A – Depot Maintenance.

4

(C) SAG 1B1B – Field Logistics.

5

(D) SAG BSS1 – Base Operating Support.

6

(4) For the Air Force:

7

(A) SAG 011A – Primary Combat Forces.

8

(B) SAG 011Y – Flying Hour Program.

9

(C) SAG 011Z – Base Support.

10
11

(D) SAG 021M – Depot Maintenance.
(b) ELEMENTS.—The annex required under subsection

12 (a) shall include the following elements:
13
14

(1) A summary by appropriation account with
subtotals for Department of Defense components.

15

(2) A summary of each appropriation account

16

by budget activity, activity group, and sub-activity

17

group with budget activity and activity group sub-

18

totals and an appropriation total.

19

(3) A detailed sub-activity group by program ele-

20

ment and expense aggregate listing in budget activity

21

and activity group sequence.

22

(4) A rollup document by sub-activity group

23

with accompanying program element funding with

24

the PB–61 program element tags included.

† HR 2810 PAP

108
1

(5) A summary of each depot maintenance facil-

2

ity with information on workload, work force, sources

3

of funding, and expenses similar to the exhibit on

4

Mission Funded Naval Shipyards included with the

5

2012 Navy Budget Justification.

6

(6) A summary of contractor logistics support

7

for each program element, including a measure of

8

workload and unit cost.

9

(c) FORMATTING.—The annex required under sub-

10 section (a) shall be formatted in accordance with relevant
11 Department of Defense financial management regulations
12 that provide guidance for budget submissions to Congress.
13

SEC. 334. SERVICEWOMEN’S COMMEMORATIVE PARTNER-

14
15

SHIPS.

(a) IN GENERAL.—The Secretary of Defense may pro-

16 vide not more than $5,000,000 in financial support for the
17 acquisition, installation, and maintenance of exhibits, fa18 cilities, historical displays, and programs at military serv19 ice memorials and museums that highlight the role of
20 women in the military. The Secretary may enter into a
21 contract, partnership, or grant with a non-profit organiza22 tion for the purpose of performing such acquisition, instal23 lation, and maintenance.
24

(b) PURPOSES.—The contracts, partnerships, or grants

25 shall be limited to serving the purposes of—

† HR 2810 PAP

109
1

(1) preserving the history of the 3,000,000

2

women who have served in the United States Armed

3

Forces;

4

(2) managing an archive of artifacts, historic

5

memorabilia, and documents related to servicewomen;

6

(3) maintaining a women veterans’ oral history

7
8
9
10

program; and
(4) conducting other educational programs related to women in service.
SEC. 335. AUTHORITY FOR AGREEMENTS TO REIMBURSE

11

STATES

12

WILDFIRES ON STATE LANDS CAUSED BY DE-

13

PARTMENT OF DEFENSE ACTIVITIES UNDER

14

LEASES AND OTHER GRANTS OF ACCESS TO

15

STATE LANDS.

16

FOR

COSTS

OF

SUPPRESSING

Section 2691 of title 10, United States Code, is amend-

17 ed by adding at the end the following new subsection:
18

‘‘(d) The Secretary of Defense may, in any lease, per-

19 mit, license, or other grant of access for use of lands owned
20 by a State, agree to reimburse the State for the reasonable
21 costs of the State in suppressing wildland fires caused by
22 the activities of the Department of Defense under such lease,
23 permit, license, or other grant of access.’’.

† HR 2810 PAP

110
1

SEC. 336. REPURPOSING AND REUSE OF SURPLUS ARMY

2
3

FIREARMS.

(a) REQUIRED TRANSFER.—Not later than 90 days

4 after the date of the enactment of this Act, and subject to
5 subsection (c), the Secretary of the Army shall transfer to
6 Rock Island Arsenal all excess firearms, related spare parts
7 and components, small arms ammunition, and ammuni8 tion components currently stored at Defense Distribution
9 Depot, Anniston, Alabama, that are no longer actively
10 issued for military service and that are otherwise prohibited
11 from commercial sale, or distribution, under Federal law.
12

(b) REPURPOSING

AND

REUSE.—The items specified

13 for transfer under subsection (a) shall be melted and
14 repurposed for military use as determined by the Secretary
15 of the Army, including—
16
17

(1) the reforging of new firearms or their components; and

18

(2)

19

bollards.

20

(c) ITEMS EXEMPT FROM TRANSFER.—M–1 Garand,

force

protection

barriers

and

security

21 caliber .45 M1911/M1911A1 pistols, and caliber .22 rimfire
22 rifles are not subject to the transfer requirement under sub23 section (a).

† HR 2810 PAP

111
1

SEC. 337. DEPARTMENT OF THE NAVY MARKSMANSHIP

2
3

AWARDS.

Section 40728 of title 36, United States Code, is

4 amended by adding at the end the following new subsection:
5

‘‘(i) AUTHORIZED NAVY TRANSFERS.—(1) Notwith-

6 standing subsections (a) and (b), the Secretary of the Navy
7 may transfer to the corporation, in accordance with the pro8 cedures prescribed in this subchapter, M–1 Garand and cal9 iber .22 rimfire rifles held within the inventories of the
10 United States Navy and the United States Marine Corps
11 and stored at Defense Distribution Depot, Anniston, Ala12 bama, or Naval Surface Warfare Center, Crane, Indiana,
13 as of the date of the enactment of the National Defense Au14 thorization Act for Fiscal Year 2018.
15

‘‘(2) The items specified for transfer under paragraph

16 (1) shall be used as awards for competitors in marksman17 ship competitions held by the United States Marine Corps
18 or the United States Navy and may not be resold.’’.
19

SEC. 338. MODIFICATION OF THE SECOND DIVISION MEMO-

20
21

RIAL.

(a) AUTHORIZATION.—The Second Indianhead Divi-

22 sion Association, Inc., Scholarship and Memorials Founda23 tion, an organization described in section 501(c)(3) of the
24 Internal Revenue Code of 1986 and exempt from taxation
25 under section 501(a) of that Code, may place additional
26 commemorative elements or engravings on the raised plat† HR 2810 PAP

112
1 form or stone work of the existing Second Division Memo2 rial located in President’s Park, between 17th Street North3 west and Constitution Avenue in the District of Columbia,
4 to further honor the members of the Second Infantry Divi5 sion who have given their lives in service to the United
6 States.
7

(b) APPLICATION

OF

COMMEMORATIVE WORKS ACT.—

8 Chapter 89 of title 40, United States Code (commonly
9 known as the ‘‘Commemorative Works Act’’), shall apply
10 to the design and placement of the commemorative elements
11 or engravings authorized under subsection (a).
12

(c) FUNDING.—Federal funds may not be used for

13 modifications of the Second Division Memorial authorized
14 under subsection (a).

16

Subtitle E—Energy and
Environment

17

SEC. 341. AUTHORITY TO CARRY OUT ENVIRONMENTAL

15

18

RESTORATION

19

GUARD AND RESERVE LOCATIONS.

20

ACTIVITIES

AT

NATIONAL

Section 2701(a) of title 10, United States Code, is

21 amended by adding at the end the following new paragraph:
22

‘‘(5) AUTHORITY

TO CARRY OUT ACTIVITIES AT

23

NATIONAL GUARD AND RESERVE LOCATIONS.—The

24

Secretary may carry out activities under this section

25

at National Guard and Reserve locations.’’.

† HR 2810 PAP

113
1

SEC. 342. SPECIAL CONSIDERATIONS FOR ENERGY PER-

2
3

FORMANCE GOALS.

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

4 amended—
5

(1) in paragraph (1), by inserting ‘‘and to re-

6

duce the future demand and the requirements for the

7

use of energy’’ after ‘‘consumption of energy’’;

8

(2) in paragraph (2), by striking ‘‘to reduce the

9

future demand and the requirements for the use of en-

10

ergy’’ and inserting ‘‘to enhance energy resilience to

11

ensure the Department of Defense has the ability to

12

prepare for and recover from energy disruptions that

13

impact mission assurance on military installations’’;

14

and

15
16
17
18
19

(3) by adding at the end the following new paragraph:
‘‘(13) Opportunities to leverage third-party financing to address installation energy needs.’’.
SEC. 343. CENTERS FOR DISEASE CONTROL STUDY ON

20

HEALTH

21

POLYFLUOROALKYL SUBSTANCES CONTAMI-

22

NATION IN DRINKING WATER.

23

IMPLICATIONS

OF

PER-

AND

(a) IN GENERAL.—The Secretary of Health and

24 Human Services, acting through the Centers for Disease
25 Control and Prevention and the Agency for Toxic Sub-

† HR 2810 PAP

114
1 stances and Disease Registry and in consultation with the
2 Department of Defense, shall—
3

(1) commence a study on the human health im-

4

plications of per- and polyfluoroalkyl substances

5

(PFAS) contamination in drinking water, ground

6

water, and any other sources of water and relevant

7

exposure vectors, including the cumulative human

8

health implications of multiple types of PFAS con-

9

tamination at levels above and below health advisory

10

levels;

11

(2) not later than 5 years after the date of enact-

12

ment of this Act (or 7 years after such date of enact-

13

ment after providing notice to the appropriate con-

14

gressional committees of the need for the delay)—

15
16

(A) complete such study and make any appropriate recommendations; and

17

(B) submit a report to the appropriate con-

18

gressional committees on the results of such

19

study; and

20

(3) not later than one year after the date of the

21

enactment of this Act, and annually thereafter until

22

submission of the report under paragraph (2)(B), sub-

23

mit to the appropriate congressional committees a re-

24

port on the progress of the study.

25

(b) AUTHORIZATION OF APPROPRIATIONS.—

† HR 2810 PAP

115
1
2

(1) AUTHORIZATION.—There is authorized to be
appropriated $7,000,000 to carry out this section.

3

(2) OFFSET.—The amount authorized to be ap-

4

propriated for fiscal year 2018 for the Department of

5

Defense by section 301 for operation and maintenance

6

is hereby reduced by $7,000,000, with the amount of

7

such decrease to be allocated to operation and mainte-

8

nance, Navy, SAG BSIT, as specified in the funding

9

tables in section 4301.

10
11

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In

this section, the term ‘‘appropriate congres-

12 sional committees’’ means—
13

(1) the congressional defense committees;

14

(2) the Committee on Heath, Education, Labor,

15

and Pensions and the Committee on Veterans’ Affairs

16

of the Senate; and

17

(3) the Committee on Energy and Commerce and

18

the Committee on Veterans’ Affairs of the House of

19

Representatives.

20

SEC. 344. ENVIRONMENTAL OVERSIGHT AND REMEDIATION

21

AT RED HILL BULK FUEL STORAGE FACILITY.

22

(a) SENSE

23 that—

† HR 2810 PAP

OF

CONGRESS.—It is the sense of Congress

116
1

(1) the Red Hill Bulk Fuel Storage Facility lo-

2

cated on Oahu, Hawaii is a national strategic asset

3

that—

4
5

(A) supports combatant commander theater
security requirements;

6

(B) supports contingency operations;

7

(C) provides essential and timely support to

8

the United States and allies’ military mobiliza-

9

tions and disaster response efforts in the Indo-

10

Asia-Pacific and around the world; and

11

(D) is routinely used to support normal

12

transit of Navy and Air Force movements in the

13

region;

14

(2) the facility in its current form cannot be rep-

15

licated anywhere else in the world;

16

(3) moving the fuel to another storage facility in

17

the Indo-Asia-Pacific would have implications for the

18

United States military force structure in the State of

19

Hawaii and put at risk billions of dollars in annual

20

economic activity that the Armed Forces bring to the

21

State of Hawaii;

22

(4) if the facility were closed, the United States

23

Armed Forces would be unable to support the Na-

24

tional Military Strategy, including the goals of the

† HR 2810 PAP

117
1

United States Pacific Commander, and national secu-

2

rity interests would be significantly undermined;

3

(5) constant vigilance is required to ensure that

4

facility degradation and fuel leaks do not pose a

5

threat to the people of Hawaii, especially the drinking

6

water on Oahu; and

7

(6) despite its importance, the facility continues

8

to face long-term challenges without robust and con-

9

sistent funding that provides the Navy and the De-

10

fense Logistics Agency with the resources needed to

11

improve the tanks and associated infrastructure.

12

(b) BUDGET SUBMISSIONS.—

13

(1) ANNUAL

BUDGET JUSTIFICATION.—The

Sec-

14

retary of Defense, in consultation with the Secretary

15

of the Navy, shall ensure that the budget justification

16

materials submitted to Congress in support of the De-

17

partment of Defense budget for any fiscal year (as

18

submitted with the budget of the President under sec-

19

tion 1105(a) of title 31, United States Code) includes

20

a description of how the Department will use funds

21

to support any deliverables that the parties of the Ad-

22

ministrative Order on Consent/Statement of Work

23

have identified as necessary to mitigate and prevent

24

fuel leaks at the Red Hill Bulk Fuel Storage Facility

25

on Oahu, Hawaii.

† HR 2810 PAP

118
1

(2) FUTURE

YEARS

DEFENSE

BUDGET.—The

2

Secretary of Defense, in consultation with the Sec-

3

retary of the Navy, shall ensure that each future-years

4

defense program submitted to Congress under section

5

221 of title 10, United States Code, describes how the

6

Department

7

deliverables that the parties of the Administrative

8

Order on Consent/Statement of Work have identified

9

as necessary to mitigate and prevent fuel leaks at the

10

Red Hill Bulk Fuel Storage Facility on Oahu, Ha-

11

waii, in the period covered by the future-years defense

12

program.

13

(c) ADMINISTRATIVE ORDER

14

OF

will

use

funds

ON

to

support

any

CONSENT/STATEMENT

WORK DEFINED.—In this section, the term ‘‘Adminis-

15 trative Order on Consent/Statement of Work’’ means a le16 gally enforceable agreement between the United States De17 partment of the Navy (Navy), the Defense Logistics Agency
18 (DLA), the United States Environmental Protection Agency
19 (EPA), Region 9, and the State of Hawaii Department of
20 Health (DOH) that the parties voluntarily entered into on
21 September 28, 2015 [EPA DKT NO. RCRA 7003–R9–
22 2015–01/DOH DKT NO. 15–UST–EA–01].

† HR 2810 PAP

119

3

TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces

4

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

1
2

5

The Armed Forces are authorized strengths for active

6 duty personnel as of September 30, 2018, as follows:
7

(1) The Army, 481,000.

8

(2) The Navy, 327,900.

9

(3) The Marine Corps, 186,000.

10
11
12
13

(4) The Air Force, 325,100.

Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL.—The Armed Forces are authorized

14 strengths for Selected Reserve personnel of the reserve com15 ponents as of September 30, 2018, as follows:
16
17

(1) The Army National Guard of the United
States, 343,500.

18

(2) The Army Reserve, 199,500.

19

(3) The Navy Reserve, 59,000.

20

(4) The Marine Corps Reserve, 38,500.

21

(5) The Air National Guard of the United

22

States, 106,600.

23

(6) The Air Force Reserve, 69,800.

24

(7) The Coast Guard Reserve, 7,000.

† HR 2810 PAP

120
1

(b) END STRENGTH REDUCTIONS.—The end strengths

2 prescribed by subsection (a) for the Selected Reserve of any
3 reserve component shall be proportionately reduced by—
4

(1) the total authorized strength of units orga-

5

nized to serve as units of the Selected Reserve of such

6

component which are on active duty (other than for

7

training) at the end of the fiscal year; and

8

(2) the total number of individual members not

9

in units organized to serve as units of the Selected

10

Reserve of such component who are on active duty

11

(other than for training or for unsatisfactory partici-

12

pation in training) without their consent at the end

13

of the fiscal year.

14

(c) END STRENGTH INCREASES.—Whenever units or

15 individual members of the Selected Reserve of any reserve
16 component are released from active duty during any fiscal
17 year, the end strength prescribed for such fiscal year for
18 the Selected Reserve of such reserve component shall be in19 creased proportionately by the total authorized strengths of
20 such units and by the total number of such individual mem21 bers.
22

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

23

DUTY IN SUPPORT OF THE RESERVES.

24

Within the end strengths prescribed in section 411(a),

25 the reserve components of the Armed Forces are authorized,

† HR 2810 PAP

121
1 as of September 30, 2018, the following number of Reserves
2 to be serving on full-time active duty or full-time duty, in
3 the case of members of the National Guard, for the purpose
4 of organizing, administering, recruiting, instructing, or
5 training the reserve components:
6
7

(1) The Army National Guard of the United
States, 30,155.

8

(2) The Army Reserve, 16,261.

9

(3) The Navy Reserve, 10,101.

10

(4) The Marine Corps Reserve, 2,261.

11

(5) The Air National Guard of the United

12
13
14

States, 16,260.
(6) The Air Force Reserve, 3,588.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

15
16

(DUAL STATUS).

The minimum number of military technicians (dual

17 status) as of the last day of fiscal year 2018 for the reserve
18 components of the Army and the Air Force (notwith19 standing section 129 of title 10, United States Code) shall
20 be the following:
21
22

(1) For the Army National Guard of the United
States, 22,294.

23

(2) For the Army Reserve, 6,492.

24

(3) For the Air National Guard of the United

25

States, 19,135.

† HR 2810 PAP

122
1
2

(4) For the Air Force Reserve, 8,880.
SEC. 414. FISCAL YEAR 2018 LIMITATION ON NUMBER OF

3
4
5

NON-DUAL STATUS TECHNICIANS.

(a) LIMITATIONS.—
(1) NATIONAL

GUARD.—The

number of non-dual

6

status technicians employed by the National Guard as

7

of September 30, 2018, may not exceed the following:

8

(A) For the Army National Guard of the

9

United States, 0.

10

(B) For the Air National Guard of the

11

United States, 0.

12

(2) ARMY

RESERVE.—The

number of non-dual

13

status technicians employed by the Army Reserve as

14

of September 30, 2018, may not exceed 0.

15

(3) AIR

FORCE RESERVE.—The

number of non-

16

dual status technicians employed by the Air Force

17

Reserve as of September 30, 2018, may not exceed 0.

18

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

19 this section, the term ‘‘non-dual status technician’’ has the
20 meaning given that term in section 10217(a) of title 10,
21 United States Code.

† HR 2810 PAP

123
1

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-

2

THORIZED TO BE ON ACTIVE DUTY FOR

3

OPERATIONAL SUPPORT.

4

During fiscal year 2018, the maximum number of

5 members of the reserve components of the Armed Forces who
6 may be serving at any time on full-time operational sup7 port duty under section 115(b) of title 10, United States
8 Code, is the following:
9
10

(1) The Army National Guard of the United
States, 17,000.

11

(2) The Army Reserve, 13,000.

12

(3) The Navy Reserve, 6,200.

13

(4) The Marine Corps Reserve, 3,000.

14

(5) The Air National Guard of the United

15
16

States, 16,000.
(6) The Air Force Reserve, 14,000.

17

SEC. 416. NUMBER OF MEMBERS OF THE NATIONAL GUARD

18

ON FULL-TIME DUTY IN SUPPORT OF THE RE-

19

SERVES WITHIN THE NATIONAL GUARD BU-

20

REAU.

21

Within the personnel authorized by paragraphs (1)

22 and (5) of section 412, the number of personnel under each
23 such paragraph who may serve with the National Guard
24 Bureau may not exceed the number equal to six percent of
25 the number authorized by such paragraph.

† HR 2810 PAP

124
1
2
3
4

Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

5 hereby authorized to be appropriated for fiscal year 2018
6 for the use of the Armed Forces and other activities and
7 agencies of the Department of Defense for expenses, not oth8 erwise provided for, for military personnel, as specified in
9 the funding table in section 4401.
10

(b) CONSTRUCTION

OF

AUTHORIZATION.—The author-

11 ization of appropriations in subsection (a) supersedes any
12 other authorization of appropriations (definite or indefi13 nite) for such purpose for fiscal year 2018.

16

TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy

17

SEC. 501. CLARIFICATION OF BASELINES FOR AUTHORIZED

18

NUMBERS OF GENERAL AND FLAG OFFICERS

19

ON ACTIVE DUTY AND IN JOINT DUTY AS-

20

SIGNMENTS.

14
15

21

(a) ACTIVE-DUTY BASELINE.—Subsection (h)(2) of sec-

22 tion 526 of title 10, United States Code, is amended by
23 striking ‘‘the lower of’’ and all that follows and inserting
24 ‘‘the statutory limit of general officers or flag officers of that
25 armed force under subsection (a).’’.
† HR 2810 PAP

125
1

(b) JOINT DUTY ASSIGNMENT BASELINE.—Subsection

2 (i)(2) of such section is amended by striking ‘‘the lower of’’
3 and all that follows and inserting ‘‘the statutory limit on
4 general officer and flag officer positions that are joint duty
5 assignments under subsection (b)(1).’’.
6

SEC. 502. AUTHORITY OF PROMOTION BOARDS TO REC-

7

OMMEND OFFICERS OF PARTICULAR MERIT

8

BE PLACED AT THE TOP OF THE PROMOTION

9

LIST.

10
11

(a) AUTHORITY
OMMEND

12 TOP

OF

OFFICERS

OF

OF

PROMOTION BOARDS TO REC-

PARTICULAR MERIT BE PLACED

AT

PROMOTION LIST.—Section 616 of title 10, United

13 States Code, is amended by adding at the end the following
14 new subsection:
15

‘‘(g)(1) In selecting the officers to be recommended for

16 promotion, a selection board may, when authorized by the
17 Secretary of the military department concerned, recommend
18 officers of particular merit, from among those officers se19 lected for promotion, to be placed at the top of the pro20 motion list promulgated by the Secretary under section
21 624(a)(1) of this title.
22

‘‘(2) The number of such officers placed at the top of

23 the promotion list may not exceed the number equal to 20
24 percent of the maximum number of officers that the board
25 is authorized to recommend for promotion in such competi-

† HR 2810 PAP

126
1 tive category. If the number determined under this sub2 section is less than one, the board may recommend one such
3 officer.
4

‘‘(3) No officer may be recommended to be placed at

5 the top of the promotion list unless the officer receives the
6 recommendation of at least a majority of the members of
7 a board for such placement.
8

‘‘(4) For the officers recommended to be placed at the

9 top of the promotion list, the board shall recommend the
10 order in which these officers should be promoted.’’.
11

(b) OFFICERS

12 TOP

OF

OF

PARTICULAR MERIT APPEARING

AT

PROMOTION LIST.—Section 624(a)(1) of such title

13 is amended by inserting ‘‘, except such officers of particular
14 merit who were approved by the President and rec15 ommended by the board to be placed at the top of the pro16 motion list under section 616(g) of this title as these officers
17 shall be placed at the top of the promotion list in the order
18 recommended by the board’’ after ‘‘officers on the active19 duty list’’.
20

SEC. 503. CLARIFICATION TO EXCEPTION FOR REMOVAL OF

21

OFFICERS FROM LIST OF OFFICERS REC-

22

OMMENDED

23

MONTHS WITHOUT APPOINTMENT.

24

FOR

PROMOTION

AFTER

18

Section 629(c)(3) of title 10, United States Code, is

25 amended by striking ‘‘the Senate is not able to obtain the

† HR 2810 PAP

127
1 information necessary’’ and inserting ‘‘the military depart2 ment concerned is not able to obtain and provide to the
3 Senate the information the Senate requires’’.
4

SEC. 504. FLEXIBILITY IN PROMOTION OF OFFICERS TO PO-

5

SITIONS OF STAFF JUDGE ADVOCATE TO THE

6

COMMANDANT OF THE MARINE CORPS AND

7

DEPUTY JUDGE ADVOCATE GENERAL OF THE

8

NAVY.

9

(a) STAFF JUDGE ADVOCATE TO COMMANDANT OF THE

10 MARINE CORPS.—Section 5046(b) of title 10, United States
11 Code, is amended—
12

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

13

(2) by adding at the end the following new para-

14

graph:

15

‘‘(2) If the Secretary of the Navy elects to convene a

16 selection board under section 611(a) of this title to consider
17 eligible officers for selection to appointment as Staff Judge
18 Advocate, the Secretary may, in connection with such con19 sideration for selection—
20

‘‘(A) treat any section in chapter 36 of this title

21

referring to promotion to the next higher grade as if

22

such section referred to promotion to a higher grade;

23

and

† HR 2810 PAP

128
1

‘‘(B) waive section 619(a)(2) of this title if the

2

Secretary determines that the needs of the Marine

3

Corps require the waiver.’’.

4

(b) DEPUTY JUDGE ADVOCATE GENERAL

OF THE

5 NAVY.—Section 5149(a) of such title is amended by adding
6 at the end the following new paragraph:
7

‘‘(3) If the Secretary of the Navy elects to convene a

8 selection board under section 611(a) of this title to consider
9 eligible officers for selection to appointment as Deputy
10 Judge Advocate General, the Secretary may, in connection
11 with such consideration for selection—
12

‘‘(A) treat any section in chapter 36 of this title

13

referring to promotion to the next higher grade as if

14

such section referred to promotion to a higher grade;

15

and

16

‘‘(B) waive section 619(a)(2) of this title if the

17

Secretary determines that the needs of the Navy re-

18

quire the waiver.’’.

19

SEC. 505. REPEAL OF REQUIREMENT FOR SPECIFICATION

20

OF NUMBER OF OFFICERS WHO MAY BE REC-

21

OMMENDED FOR EARLY RETIREMENT BY A

22

SELECTIVE EARLY RETIREMENT BOARD.

23

Section 638a of title 10, United States Code, is amend-

24 ed—
25

(1) in subsection (c)—

† HR 2810 PAP

129
1

(A) by striking paragraph (1); and

2

(B)

by

redesignating

paragraphs

(2)

3

through (4) as paragraphs (1) through (3), re-

4

spectively; and

5

(2) in subsection (d)—

6

(A) by striking paragraph (2); and

7

(B) by redesignating paragraphs (3) and

8

(4) as paragraphs (2) and (3), respectively.

9

SEC. 506. EXTENSION OF SERVICE-IN-GRADE WAIVER AU-

10

THORITY FOR VOLUNTARY RETIREMENT OF

11

CERTAIN GENERAL AND FLAG OFFICERS FOR

12

PURPOSES OF ENHANCED FLEXIBILITY IN OF-

13

FICER PERSONNEL MANAGEMENT.

14

Section 1370(a)(2)(G) of title 10, United States Code,

15 is amended by striking ‘‘2017’’ and inserting ‘‘2025’’.
16

SEC. 507. INCLUSION OF PRINCIPAL MILITARY DEPUTY TO

17

THE ASSISTANT SECRETARY OF THE ARMY

18

FOR ACQUISITION, TECHNOLOGY, AND LOGIS-

19

TICS AMONG OFFICERS SUBJECT TO REPEAL

20

OF STATUTORY SPECIFICATION OF GENERAL

21

OFFICER GRADE.

22

Section 3016(b)(5)(B) of title 10, United States Code,

23 is amended by striking ‘‘a lieutenant general’’ and inserting
24 ‘‘an officer’’.

† HR 2810 PAP

130
1

SEC. 508. CLARIFICATION OF EFFECT OF REPEAL OF STATU-

2

TORY SPECIFICATION OF GENERAL OR FLAG

3

OFFICER GRADE FOR VARIOUS POSITIONS IN

4

THE ARMED FORCES.

5
6

(a) RETENTION
TIONS ON

OF

GRADE

OF

INCUMBENTS

IN

POSI-

EFFECTIVE DATE.—Effective as of December 23,

7 2016, and as if included in the enactment of the National
8 Defense Authorization Act for Fiscal Year 2017 (Public
9 Law 114–328) to which it relates, section 502 of that Act
10 (130 Stat. 2102) is amended by adding at the end the fol11 lowing new subsection:
12
13

‘‘(tt) RETENTION
TIONS ON

OF

GRADE

OF INCUMBENTS IN

POSI-

EFFECTIVE DATE.—The grade of service of an

14 officer serving as of the date of the enactment of this Act
15 in a position whose statutory grade is affected by an
16 amendment made by this section may not be reduced after
17 that date by reason of such amendment as long as the officer
18 remains in continuous service in such position after that
19 date.’’.
20
21

(b) CLARIFYING AMENDMENT
NARY

CORPS

OF THE

TO

CHIEF

OF

VETERI-

ARMY REPEAL.—Section 3084 of title

22 10, United States Code, is amended by striking the last sen23 tence.

† HR 2810 PAP

131
1

SEC. 509. GRANDFATHERING OF RETIRED GRADE OF AS-

2

SISTANT JUDGE ADVOCATES GENERAL OF

3

THE NAVY AS OF REPEAL OF STATUTORY

4

SPECIFICATION OF GENERAL AND FLAG OFFI-

5

CERS GRADES IN THE ARMED FORCES.

6

(a) IN GENERAL.—Notwithstanding the amendments

7 made by section 502(gg)(2) of the National Defense Author8 ization Act for Fiscal Year 2017 (Public Law 114–328),
9 the officer holding a position specified in subsection (b) as
10 of December 23, 2016, in the grade of rear admiral (lower
11 half) or brigadier general, as applicable, may be retired
12 after that date in such grade with the retired pay of such
13 grade (unless entitled to higher pay under another provision
14 of law).
15

(b) SPECIFIED POSITIONS.—The positions specified in

16 this subsection are the following:
17

(1) The Assistant Judge Advocate General of the

18

Navy provided for by section 5149(b) of title 10,

19

United States Code.

20

(2) The Assistant Judge Advocate General of the

21

Navy provided for by section 5149(c) of title 10,

22

United States Code.

† HR 2810 PAP

132
1

SEC. 510. SERVICE CREDIT FOR CYBERSPACE EXPERIENCE

2

OR ADVANCED EDUCATION UPON ORIGINAL

3

APPOINTMENT AS A COMMISSIONED OFFI-

4

CER.

5
6

(a) ORIGINAL APPOINTMENT
CER.—Section

AS A

RESERVE OFFI-

12207 of title 10, United States Code, is

7 amended—
8
9
10
11
12

(1) in subsection (a)(2), by inserting ‘‘or (e)’’
after ‘‘subsection (b)’’;
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively;
(3) by inserting after subsection (d) the following

13

new subsection (e):

14

‘‘(e)(1) Under regulations prescribed by the Secretary

15 of Defense, if the Secretary of a military department deter16 mines that the number of commissioned officers with cyber17 space-related experience or advanced education in reserve
18 active-status in an armed force under the jurisdiction of
19 such Secretary is critically below the number needed, such
20 Secretary may credit any person receiving an original ap21 pointment as a reserve commissioned officer with a period
22 of constructive service for the following:
23

‘‘(A) Special experience or training in a par-

24

ticular cyberspace-related field if such experience or

25

training is directly related to the operational needs of

26

the armed force concerned.
† HR 2810 PAP

133
1

‘‘(B) Any period of advanced education in a

2

cyberspace-related field beyond the baccalaureate de-

3

gree level if such advanced education is directly re-

4

lated to the operational needs of the armed force con-

5

cerned.

6

‘‘(2) Constructive service credited an officer under this

7 subsection shall not exceed one year for each year of special
8 experience, training, or advanced education, and not more
9 than three years total constructive service may be credited.
10

‘‘(3) Constructive service credited an officer under this

11 subsection is in addition to any service credited that officer
12 under subsection (a) and shall be credited at the time of
13 the original appointment of the officer.
14

‘‘(4) The authority to award constructive service credit

15 under this subsection expires on December 31, 2023.’’; and
16

(4) in subsection (f), as redesignated by para-

17

graph (2), by striking ‘‘or (d)’’ and inserting ‘‘, (d),

18

or (e)’’.

19

(b) EXTENSION

OF

AUTHORITY

20 ORIGINAL APPOINTMENT

OF

IN

CONNECTION WITH

REGULAR OFFICERS.—Section

21 533(g)(4) of such title is amended by striking ‘‘December
22 31, 2018’’ and inserting ‘‘December 31, 2023’’.

† HR 2810 PAP

134
1

SEC. 510A. AUTHORITY FOR OFFICERS TO OPT-OUT OF PRO-

2

MOTION BOARD CONSIDERATION.

3

(a) ACTIVE-DUTY LIST OFFICERS.—Section 619 of

4 title 10, United States Code, is amended—
5

(1) in subsection (d), by adding at the end the

6

following new paragraph:

7

‘‘(6) An officer excluded under subsection (e).’’;

8

and

9

(2) by adding at the end the following new sub-

10

section:

11

‘‘(e) AUTHORITY TO PERMIT OFFICERS TO OPT OUT

12

OF

SELECTION BOARD CONSIDERATION.—The Secretary of

13 Defense may authorize the Secretary of a military depart14 ment to provide that an officer under the jurisdiction of
15 that Secretary may, upon the officer’s request and with the
16 approval of the Secretary concerned, be excluded from con17 sideration by a selection board convened under section
18 611(a) of this title to consider officers for promotion to the
19 next higher grade. The Secretary concerned may only ap20 prove such a request if—
21

‘‘(1) the basis for the request is to allow an offi-

22

cer to complete a broadening assignment, advanced

23

education, another assignment of significant value to

24

the Department of Defense, or a career progression re-

25

quirement delayed by the assignment of education;

† HR 2810 PAP

135
1

‘‘(2) the Secretary concerned determines the ex-

2

clusion from consideration is in the best interest of

3

the military department concerned; and

4

‘‘(3) the officer has not previously failed of selec-

5

tion for promotion to the grade for which the officer

6

requests the exclusion from consideration.’’.

7

(b) RESERVE ACTIVE-STATUS LIST OFFICERS.—Sec-

8 tion 14301 of such title is amended—
9

(1) in subsection (c)—

10

(A) in the subsection heading, by striking

11

‘‘PREVIOUSLY SELECTED OFFICERS NOT ELIGI-

12

BLE’’

13

and

14

and inserting ‘‘CERTAIN OFFICERS NOT’’;

(B) by adding at the end the following new

15

paragraph:

16

‘‘(6) An officer excluded under subsection (j).’’;

17

and

18

(2) by adding at the end the following new sub-

19

section:

20

‘‘(j) AUTHORITY TO PERMIT OFFICERS TO OPT OUT

21

OF

SELECTION BOARD CONSIDERATION.—The Secretary of

22 Defense may authorize the Secretary of a military depart23 ment to provide that an officer under the jurisdiction of
24 that Secretary may, upon the officer’s request and with the
25 approval of the Secretary concerned, be excluded from con-

† HR 2810 PAP

136
1 sideration by a selection board convened under section
2 14101(a) of this title to consider officers for promotion to
3 the next higher grade. The Secretary concerned may only
4 approve such a request if—
5

‘‘(1) the basis for the request is to allow an offi-

6

cer to complete a broadening assignment, advanced

7

education, another assignment of significant value to

8

the Department of Defense, or a career progression re-

9

quirement delayed by the assignment or education;

10

‘‘(2) the Secretary concerned determines the ex-

11

clusion from consideration is in the best interest of

12

the military department concerned; and

13

‘‘(3) the officer has not previously failed of selec-

14

tion for promotion to the grade for which the officer

15

requests the exclusion from consideration.’’.

16

SEC. 510B. REAUTHORIZATION OF AUTHORITY TO ORDER

17

RETIRED

18

HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.

19

MEMBERS

TO

ACTIVE

DUTY

IN

Section 688a(f) of title 10, United States Code, is

20 amended by striking ‘‘after December 21, 2011.’’ and insert21 ing ‘‘outside a period as follows:
22
23

‘‘(1) The period beginning on December 2, 2002,
and ending on December 31, 2011.

† HR 2810 PAP

137
1

‘‘(2) The period beginning on the date of the en-

2

actment of the National Defense Authorization Act for

3

Fiscal Year 2018 and ending on December 31, 2022.’’.

5

Subtitle B—Reserve Component
Management

6

SEC. 511. CONSOLIDATION OF AUTHORITIES TO ORDER

7

MEMBERS OF THE RESERVE COMPONENTS OF

8

THE ARMED FORCES TO PERFORM DUTY.

4

9

Section 515 of the National Defense Authorization Act

10 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810)
11 is amended—
12

(1) in the second sentence of subsection (b), by

13

striking ‘‘such legislation as would be necessary to

14

amend titles 10, 14, 32, and 37 of the United States

15

Code and other provisions of law in order to imple-

16

ment the Secretary’s approach by October 1, 2018’’

17

and inserting ‘‘legislation implementing the alternate

18

approach by April 30, 2019’’; and

19

(2) by adding at the end the following new sub-

20

section:

21

‘‘(c) ATTRIBUTES

OF

ALTERNATE APPROACH.—The

22 Secretary of Defense shall ensure the alternate approach de23 scribed in subsection (b)—
24

‘‘(1) reduces the number of statutory authorities

25

by which members of the reserve components of the

† HR 2810 PAP

138
1

Armed Forces may be ordered to perform duty to not

2

more than 8 statutory authorities grouped into 4 duty

3

categories to which specific pay and benefits may be

4

aligned, which categories shall include—

5

‘‘(A) one duty category that shall generally

6

reflect active service performed in support of con-

7

tingency type operations or other military ac-

8

tions in support of the commander of a combat-

9

ant command;

10

‘‘(B) a second duty category that shall—

11

‘‘(i) generally reflect active service not

12

described in subparagraph (A); and

13

‘‘(ii) consist of training, administra-

14

tion, operational support, and full-time

15

support of the reserve components;

16

‘‘(C) a third duty category that shall—

17

‘‘(i) generally reflect duty performed

18

under direct military supervision while not

19

in active service; and

20

‘‘(ii) include duty characterized by

21

partial-day service; and

22

‘‘(D) a fourth duty category that shall—

23

‘‘(i) generally reflect remote duty com-

24

pleted while not under direct military su-

25

pervision; and

† HR 2810 PAP

139
1

‘‘(ii) include completion of correspond-

2

ence courses and telework;

3

‘‘(2) distinguishes among duty performed under

4

titles 10, 14, and 32, United States Code, and ensures

5

that the reasons the members of the reserve compo-

6

nents are utilized under the statutory authorities

7

which exist prior to the alternate approach are pre-

8

served and can be tracked as separate and distinct

9

purposes;

10

‘‘(3) minimizes, to the maximum extent prac-

11

ticable, disruptions in pay and benefits for members,

12

and adheres to the principle that a member should re-

13

ceive pay and benefits commensurate with the nature

14

and performance of the member’s duties;

15

‘‘(4) ensures the Secretary has the flexibility to

16

meet emerging requirements and to effectively manage

17

the force; and

18

‘‘(5) aligns Department of Defense programming

19

and budgeting to the types of duty members per-

20

form.’’.

† HR 2810 PAP

140
1

SEC. 512. ESTABLISHMENT OF OFFICE OF COMPLEX INVES-

2

TIGATIONS WITHIN THE NATIONAL GUARD

3

BUREAU.

4

(a) ESTABLISHMENT.—Chapter 1101 of title 10,

5 United States Code, is amended by adding at the end the
6 following new section:
7 ‘‘§ 10509. Office of Complex Investigations
8

‘‘(a) IN GENERAL.—There is in the National Guard

9 Bureau an Office of Complex Investigations (in this section
10 referred to as the ‘Office’) under the authority, direction,
11 and control of the Chief of the National Guard Bureau.
12

‘‘(b) DISPOSITION

AND

FUNCTIONS.—The Office shall

13 be organized, trained, equipped, and managed to conduct
14 administrative investigations in order to assist the States
15 in the organization, maintenance, and operation of the Na16 tional Guard as follows:
17
18

‘‘(1) In investigations of allegations of sexual assault involving members of the National Guard.

19

‘‘(2) In investigations in circumstances involving

20

members of the National Guard in which other law

21

enforcement agencies within the Department of De-

22

fense do not have, or have limited, jurisdiction or au-

23

thority to investigate.

24

‘‘(3) In investigations in such other cir-

25

cumstances involving members of the National Guard

† HR 2810 PAP

141
1

as the Chief of the National Guard Bureau may di-

2

rect.

3

‘‘(c) SCOPE

OF INVESTIGATIVE

AUTHORITY.—Individ-

4 uals performing investigations described in subsection
5 (b)(1) are authorized—
6

‘‘(1) to have access to all records, reports, audits,

7

reviews, documents, papers, recommendations, or

8

other material available to the applicable establish-

9

ment which relate to programs and operations with

10

respect to the National Guard; and

11

‘‘(2) to request such information or assistance as

12

may be necessary for carrying out those duties from

13

any Federal, State, or local governmental agency or

14

unit thereof.’’.

15

(b) CLERICAL AMENDMENT.—The table of sections at

16 the beginning of chapter 1101 of such title is amended by
17 adding at the end the following new item:
‘‘10509. Office of Complex Investigations.’’.

18

SEC. 513. REVIEW OF EFFECTS OF PERSONNEL REQUIRE-

19

MENTS AND LIMITATIONS ON THE AVAIL-

20

ABILITY OF MEMBERS OF THE NATIONAL

21

GUARD FOR THE PERFORMANCE OF FUNERAL

22

HONORS DUTY FOR VETERANS.

23

(a) REVIEW REQUIRED.—The Secretary of Defense

24 shall undertake a review of the effects of the personnel re25 quirements and limitations described in subsection (b) with
† HR 2810 PAP

142
1 respect to the members of the National Guard in order to
2 determine whether or not such requirements unduly limit
3 the ability of the Armed Forces to meet the demand for per4 sonnel to perform funeral honors in connection with funer5 als of veterans.
6

(b) PERSONNEL REQUIREMENTS

AND

LIMITATIONS.—

7 The personnel requirements and limitations described in
8 this subsection are the following:
9

(1) Requirements, such as the ceiling on the au-

10

thorized number of members of the National Guard on

11

active duty pursuant to section 115(b)(2)(B) of title

12

10, United States Code, or end-strength limitations,

13

that may operate to limit the number of members of

14

the National Guard available for the performance of

15

funeral honors duty.

16

(2) Any other requirements or limitations appli-

17

cable to the reserve components of the Armed Forces

18

in general, or the National Guard in particular, that

19

may operate to limit the number of members of the

20

National Guard available for the performance of fu-

21

neral honors duty.

22

(c) REPORT.—Not later than six months after the date

23 of the enactment of this Act, the Secretary shall submit to
24 the Committees on Armed Services of the Senate and the
25 House of Representatives a report on the review undertaken

† HR 2810 PAP

143
1 pursuant to subsection (a). The report shall include the fol2 lowing:
3

(1) A description of the review.

4

(2) Such recommendations as the Secretary con-

5

siders appropriate in light of the review for legislative

6

or administrative action to expand the number of

7

members of the National Guard available for the per-

8

formance of funeral honors functions at funerals of

9

veterans.

10

SEC. 514. TRAINING FOR NATIONAL GUARD PERSONNEL ON

11
12

WILDFIRE RESPONSE.

(a) IN GENERAL.—The Secretary of the Army and the

13 Secretary of the Air Force shall, in consultation with the
14 Chief of the National Guard Bureau, provide for training
15 of appropriate personnel of the National Guard on wildfire
16 response, with preference given to States with the most acres
17 of Federal forestlands administered by the U.S. Forest Serv18 ice or the Department of the Interior.
19

(b) AUTHORIZATION

OF

APPROPRIATIONS.—There is

20 authorized to be appropriated for the Department of Defense
21 a total of $10,000,000, in addition to amounts authorized
22 to be appropriated by sections 421 and 301, in order to
23 carry out the training required by subsection (a) and pro24 vide related equipment.

† HR 2810 PAP

144
1

(c) OFFSET.—In the funding table in section 4101, in

2 the item relating to Fuzes, Procurement of Ammunition,
3 Air Force, decrease the amount in the Senate Authorized
4 column by $10,000,000.
5

SEC. 515. PLAN TO MEET DEMAND FOR CYBERSPACE CA-

6

REER FIELDS IN THE RESERVE COMPONENTS

7

OF THE ARMED FORCES.

8

(a) PLAN REQUIRED.—Not later than one year after

9 the date of the enactment of this Act, the Secretary of De10 fense shall submit to Congress a report setting forth a plan
11 for meeting the increased demand for cyberspace career
12 fields in the reserve components of the Armed Forces.
13

(b) ELEMENTS.—The plan shall take into account the

14 following:
15

(1) The availability of qualified local workforces.

16

(2) Potential best practices of private sector com-

17

panies involved in cyberspace and of educational in-

18

stitutions with established cyberspace-related aca-

19

demic programs.

20
21

(3) The potential for Total Force Integration
throughout the defense cyber community.

22

(4) Recruitment strategies to attract individuals

23

with critical cyber training and skills to join the re-

24

serve components.

† HR 2810 PAP

145
1

(c) METRICS.—The plan shall include appropriate

2 metrics for use in the evaluation of the implementation of
3 the plan.

5

Subtitle C—General Service
Authorities

6

SEC. 516. REPORT ON POLICIES FOR REGULAR AND RE-

4

7
8

SERVE OFFICER CAREER MANAGEMENT.

(a) REPORT REQUIRED.—Not later than March 1,

9 2018, the Secretary of Defense shall submit to the Commit10 tees on Armed Services of the Senate and the House of Rep11 resentatives a report setting forth the results of a review,
12 undertaken by the Secretary for purposes of the report, of
13 the policies of the Department of Defense for the career
14 management of regular and reserve officers of the Armed
15 Forces pursuant to the Defense Officer Personnel Manage16 ment Act (commonly referred to as ‘‘DOPMA’’) and the Re17 serve Officer Personnel Management Act (commonly re18 ferred to as ‘‘ROPMA’’).
19

(b) ELEMENTS.—The report required by subsection (a)

20 shall include recommendations for the following:
21

(1) Mechanisms to increase the ability of officers

22

to repeatedly transition between active duty and re-

23

serve active-status throughout the course of their mili-

24

tary careers.

† HR 2810 PAP

146
1

(2) Mechanisms to provide the Armed Forces ad-

2

ditional flexibility in managing the populations of of-

3

ficers in the grades of major, lieutenant colonel, and

4

colonel and Navy grades of lieutenant commander,

5

commander, and captain.

6

(3) Mechanisms to use the modernized retirement

7

system provided by part I of subtitle D of title VI of

8

the National Defense Authorization Act for Fiscal

9

Year 2016 (Public Law 114–92) to encourage officers

10

to pursue careers of lengths that vary from the tradi-

11

tional 20-year military career.

12

(4) Mechanisms to provide for alternative career

13

tracks for officers that encourage and facilitate the re-

14

cruitment and retention of officers with technical ex-

15

pertise.

16
17

(5) Mechanisms for a career and promotion path
for officers in cyber-related specialties.

18

(6) Mechanism to ensure the officer corps does

19

not become disproportionately weighted toward offi-

20

cers serving in the grades of major, lieutenant colonel,

21

and colonel and Navy grades of lieutenant com-

22

mander, commander, and captain.

23

(7) Any other mechanisms or matters the Sec-

24

retary considers appropriate to improve the effective

† HR 2810 PAP

147
1

recruitment, management, and retention of regular

2

and reserve officers of the Armed Forces.

3

(c) SCOPE OF REPORT.—If any recommendation of the

4 Secretary in the report required by subsection (a) requires
5 legislative or administrative action for implementation, the
6 report shall include a proposal for legislative action, or a
7 description of administrative action, as applicable, to im8 plement such recommendation.
9

SEC. 517. RESPONSIBILITY OF CHIEFS OF STAFF OF THE

10

ARMED FORCES FOR STANDARDS AND QUALI-

11

FICATIONS

12

WITHIN THE ARMED FORCES.

13

FOR

MILITARY

SPECIALTIES

(a) IN GENERAL.—Except as provided in subsection

14 (d), responsibility within an Armed Force for establishing,
15 approving, and modifying the criteria, standards, and
16 qualifications for military speciality codes within that
17 Armed Force shall be vested solely in the Chief of Staff of
18 that Armed Force.
19

(b) MILITARY SPECIALTY CODES.—For purposes of

20 this section, a military specialty code is as follows:
21

(1) A Military Occupational Speciality Code

22

(MOS) and any other military specialty or military

23

occupational specialty of the Army, in the case of the

24

Army.

† HR 2810 PAP

148
1

(2) A Naval Enlisted Code (NEC), Unrestricted

2

Duty code, Restricted Duty code, Restricted Line duty

3

code, Staff Corps code, Limited Duty code, Warrant

4

Officer code, and any other military specialty or

5

military occupational specialty of the Navy, in the

6

case of the Navy.

7

(3) An Air Force Specialty Code (AFSC) and

8

any other military specialty or military occupational

9

specialty of the Air Force, in the case of the Air

10

Force.

11

(4) A Military Occupational Speciality Code

12

(MOS) and any other military specialty or military

13

occupational specialty of the Marine Corps, in the

14

case of the Marine Corps.

15

(c) CHIEF

OF

STAFF

FOR

MARINE CORPS.—For pur-

16 poses of this section, the Commandant of the Marine Corps
17 shall be deemed to be the Chief of Staff of the Marine Corps.
18

(d) GENDER INTEGRATION.—Nothing in this section

19 shall be construed to terminate, alter, or revise the authority
20 of the Secretary of Defense to establish, approve, modify,
21 or otherwise regulate gender-based criteria, standards, and
22 qualifications for military specialties within the Armed
23 Forces.

† HR 2810 PAP

149
1

SEC. 518. CONFIDENTIAL REVIEW OF CHARACTERIZATION

2

OF TERMS OF DISCHARGE OF MEMBERS OF

3

THE ARMED FORCES WHO ARE SURVIVORS OF

4

SEXUAL ASSAULT.

5
6

(a) CODIFICATION

OF

CURRENT CONFIDENTIAL PROC-

ESS.—

7

(1) CODIFICATION.—Chapter 79 of title 10,

8

United States Code, is amended by inserting after sec-

9

tion 1554a a new section 1554b consisting of—

10

(A) a heading as follows:

11 ‘‘§ 1554b. Confidential review of characterization of
12

terms of discharge of members of the

13

armed forces who are survivors of sex-re-

14

lated offenses’’; and

15

(B) a text consisting of the text of section

16

547 of the Carl Levin and Howard P. ‘‘Buck’’

17

McKeon National Defense Authorization Act for

18

Fiscal Year 2015 (Public Law 113–291; 128

19

Stat. 3375; 10 U.S.C. 1553 note).

20

(2) CLERICAL

AMENDMENT.—The

table of sec-

21

tions at the beginning of chapter 79 of such title is

22

amended by inserting after the item relating to sec-

23

tion 1554a the following new item:
‘‘1554b. Confidential review of characterization of terms of discharge of members
of the armed forces who are survivors of sex-related offenses.’’.

† HR 2810 PAP

150
1

(3) CONFORMING

REPEAL.—Section

547 of the

2

Carl Levin and Howard P. ‘‘Buck’’ McKeon National

3

Defense Authorization Act for Fiscal Year 2015 is re-

4

pealed.

5

(b) TERMINOLOGY.—Subsection (a) of section 1554b of

6 title 10, United States Code, as added by subsection (a) of
7 this section, is amended by striking ‘‘victim’’ each place it
8 appears and inserting ‘‘survivor’’.
9

(c) CLARIFICATION OF APPLICABILITY TO INDIVIDUALS

10 WHO ALLEGE THEY WERE A SURVIVOR OF A SEX-RELATED
11 OFFENSE DURING MILITARY SERVICE.—Subsection (a) of
12 such section 1554b, as so added, is further amended by in13 serting after ‘‘sex-related offense’’ the following: ‘‘, or alleges
14 that the individual was the survivor of a sex-related of15 fense,’’.
16

(d) CONFORMING AMENDMENTS.—Such section 1554b,

17 as so added, is further amended—
18

(1) by striking ‘‘Armed Forces’’ each place it ap-

19

pears in subsections (a) and (b) and inserting ‘‘armed

20

forces’’;

21

(2) in subsection (a)—

22

(A) by striking ‘‘boards for the correction of

23

military records of the military department con-

24

cerned’’ and inserting ‘‘boards of the military de-

† HR 2810 PAP

151
1

partment concerned established in accordance

2

with this chapter’’; and

3

(B) by striking ‘‘such an offense’’ and in-

4

serting ‘‘a sex-related offense’’;

5

(3) in subsection (b), by striking ‘‘boards for the

6

correction of military records’’ and inserting ‘‘boards

7

of the military department concerned established in

8

accordance with this chapter’’; and

9

(4) in subsection (d)—

10

(A) in paragraph (1), by striking ‘‘title 10,

11

United States Code’’ and inserting ‘‘this title’’;

12

and

13

(B) in paragraphs (2) and (3), by striking

14
15

‘‘such title’’ and inserting ‘‘this title’’.
SEC. 519. IMPROVEMENTS TO CERTAIN AUTHORITIES AND

16

PROCEDURES

17

BOARDS.

18

(a) REPEAL

19 MOTIONS

OR

OF

OF

DISCHARGE

15-YEAR STATUTE

REQUESTS

FOR

OF

REVIEW

LIMITATIONS

ON

REVIEW.—Subsection (a) of

20 section 1553 of title 10, United States Code, is amended
21 by striking the second sentence.
22

(b) TELEPHONIC PRESENTATION

OF

EVIDENCE.—Sub-

23 section (c) of such section is amended in the second sentence
24 by striking ‘‘or by affidavit’’ and inserting ‘‘, by affidavit,

† HR 2810 PAP

152
1 or by telephone or video conference (to the extent reasonable
2 and technically feasible)’’.
3

(c) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect on October 1, 2018.
5

SEC. 520. PUBLIC AVAILABILITY OF INFORMATION RELATED

6

TO DISPOSITION OF CLAIMS REGARDING DIS-

7

CHARGE OR RELEASE OF MEMBERS OF THE

8

ARMED FORCES WHEN THE CLAIMS INVOLVE

9

SEXUAL ASSAULT.

10

(a) BOARDS

FOR THE

CORRECTION

OF

MILITARY

11 RECORDS.—Section 1552(h) of title 10, United States Code,
12 is amended by adding at the end the following new para13 graph:
14

‘‘(4) The number and disposition of claims de-

15

cided during the calendar quarter preceding the cal-

16

endar quarter in which such information is made

17

available in which sexual assault is alleged to have

18

contributed, whether in whole or in part, to the origi-

19

nal characterization of the discharge or release of the

20

claimant.’’.

21

(b) DISCHARGE REVIEW BOARDS.—Section 1553(f) of

22 title 10, United States Code, is amended by adding at the
23 end the following new paragraph:
24

‘‘(4) The number and disposition of claims de-

25

cided during the calendar quarter preceding the cal-

† HR 2810 PAP

153
1

endar quarter in which such information is made

2

available in which sexual assault is alleged to have

3

contributed, whether in whole or in part, to the origi-

4

nal characterization of the discharge or release of the

5

former member.’’.

6

SEC. 520A. MODIFICATION OF BASIS FOR EXTENSION OF PE-

7

RIOD

8

FORCES UNDER THE DELAYED ENTRY PRO-

9

GRAM.

10

FOR

ENLISTMENT

IN

THE

ARMED

Section 513(b) of title 10, United States Code, is

11 amended—
12
13

(1) by redesignating paragraph (2) as paragraph (4);

14

(2) by designating the second sentence of para-

15

graph (1) as paragraph (2) and indenting the left

16

margin of such paragraph (2), as so designated, two

17

ems from the left margin;

18

(3) in paragraph (2), as so designated, by insert-

19

ing ‘‘described in paragraph (1)’’ after ‘‘the 365-day

20

period’’;

21

(4) by inserting after paragraph (2), as des-

22

ignated by this section, the following new paragraph

23

(3):

24

‘‘(3)(A) The Secretary concerned may extend by up to

25 an additional 365 days the period of extension under para-

† HR 2810 PAP

154
1 graph (2) for a person who enlists under section 504(b)(2)
2 of this title if the Secretary determines that the period of
3 extension under this paragraph is required for the perform4 ance of adequate background and security reviews of that
5 person.
6

‘‘(B) The authority to make an extension under this

7 paragraph shall expire on December 31, 2019. The expira8 tion of such authority shall not effect the validity of any
9 extension made in accordance with this paragraph on or
10 before that date.’’; and
11

(5) in paragraph (4), as redesignated by para-

12

graph (1) of this section, by striking ‘‘paragraph (1)’’

13

and inserting ‘‘this subsection’’.

15

Subtitle D—Military Justice
Matters

16

SEC. 521. REVISION TO MANUAL FOR COURTS-MARTIAL

17

WITH RESPECT TO DISSEMINATION OF VIS-

18

UAL DEPICTIONS OF PRIVATE AREAS OR SEX-

19

UALLY EXPLICIT CONDUCT WITHOUT THE

20

CONSENT OF THE PERSON DEPICTED.

14

21

(a) REQUIREMENT TO ENUMERATE OFFENSE

22 PURPOSES

OF

FOR

GENERAL PUNITIVE ARTICLE.—Not later

23 than 180 days after the date of the enactment of this Act,
24 part IV of the Manual for Courts-Martial shall be amended
25 to include as an enumerated offense under section 934 of

† HR 2810 PAP

155
1 title 10, United States Code (article 134 of the Uniform
2 Code of Military Justice), the distribution of a visual depic3 tion of the private area of a person or of sexually explicit
4 conduct involving a person that was—
5

(1) photographed, videotaped, filmed, or recorded

6

by any means with the consent of such person; and

7

(2) distributed by another person who knew or

8

should have known that the depicted person did not

9

consent to such distribution.

10

(b) PRIVATE AREA DEFINED.—In this section, the

11 term ‘‘private area’’ has the meaning given the term in sec12 tion 920c(d) of title 10, United States Code (article 120c(d)
13 of the Uniform Code of Military Justice).
14

SEC. 522. TECHNICAL AND CONFORMING AMENDMENTS IN

15

CONNECTION WITH REFORM OF THE UNI-

16

FORM CODE OF MILITARY JUSTICE.

17

(a) ARTICLES 1, 6b, AND 137.—

18

(1) Section 801 of title 10, United States Code

19

(article 1 of the Uniform Code of Military Justice),

20

is amended in the matter preceding paragraph (1) by

21

striking ‘‘chapter:’’ and inserting ‘‘chapter (the Uni-

22

form Code of Military Justice):’’.

23

(2) Section 806b(b) of title 10, United States

24

Code (article 6b(b) of the Uniform Code of Military

† HR 2810 PAP

156
1

Justice), is amended by striking ‘‘(the Uniform Code

2

of Military Justice)’’.

3

(3) Section 937 of title 10, United States Code

4

(article 137 of the Uniform Code of Military Justice),

5

as amended by section 5503 of the National Defense

6

Authorization Act for Fiscal Year 2017 (Public Law

7

114–328), is further amended by striking ‘‘(the Uni-

8

form Code of Military Justice)’’ each place it appears

9

as follows:

10
11

(A) In subsection (a)(1), in the matter preceding subparagraph (A).

12
13

(B) In subsection (b), in the matter preceding subparagraph (A).

14
15
16

(C) In subsection (d), in the matter preceding paragraph (1).
(b) ARTICLE 6b.—Section 806b(e)(3) of title 10,

17 United States Code (article 6b(e)(3) of the Uniform Code
18 of Military Justice), is amended—
19
20

(1) by inserting after ‘‘President,’’ the following:
‘‘subject to section 830a of this title (article 30a).’’;

21

(2) by striking ‘‘and, to the extent practicable,’’

22

and inserting ‘‘To the extent practicable, such a peti-

23

tion’’; and

24
25

(3) by striking ‘‘before the court.’’ and inserting
‘‘before the Court of Criminal Appeals.’’.

† HR 2810 PAP

157
1

(c) ARTICLE 30a.—Subsection (a)(1) of section 830a

2 of title 10, United States Code (article 30a of the Uniform
3 Code of Military Justice), as added by section 5202 of the
4 National Defense Authorization Act for Fiscal Year 2017,
5 is amended—
6

(1) in the matter preceding subparagraph (A),

7

by inserting ‘‘, or otherwise act on,’’ after ‘‘to review’’;

8

and

9
10
11

(2) by adding at the end the following new subparagraph:
‘‘(D) Pre-referral matters under subsections (c)

12

and (e) of section 806b of this title (article 6b).’’.

13

(d) ARTICLE 39.—Subsection (a)(4) of section 839 of

14 title 10, United States Code (article 39 of the Uniform Code
15 of Military Justice), as amended by section 5222(1) of the
16 National Defense Authorization Act for Fiscal Year 2017,
17 is amended by striking ‘‘in non-capital cases unless the ac18 cused requests sentencing by members under section 825 of
19 this title (article 25)’’ and inserting ‘‘under section
20 853(b)(1) of this title (article 53(b)(1))’’.
21

(e) ARTICLE 43.—Subsection (i) of section 843 of title

22 10, United States Code (article 43 of the Uniform Code of
23 Military Justice), as added by section 5225(c) of the Na24 tional Defense Authorization Act for Fiscal Year 2017, is

† HR 2810 PAP

158
1 amended by striking ‘‘DNA EVIDENCE.—’’ and inserting
2 ‘‘DNA EVIDENCE.—’’.
3

(f) ARTICLE 48.—Subsection (c)(1) of section 848 of

4 title 10, United States Code (article 48 of the Uniform Code
5 of Military Justice), as amended by section 5230 of the Na6 tional Defense Authorization Act for Fiscal Year 2017, is
7 further amended by striking ‘‘section 866(g) of this title (ar8 ticle 66(g))’’ and inserting ‘‘section 866(h) of this title (arti9 cle 66(h))’’.
10

(g) ARTICLE 53.—Subsection (b)(1)(B) of section 853

11 of title 10, United States Code (article 53 of the Uniform
12 Code of Military Justice), as amended by section 5236 of
13 the National Defense Authorization Act for Fiscal Year
14 2017, is further amended by striking ‘‘in a trial’’.
15

(h) ARTICLE 53a.—Subsection (d) of section 853a of

16 title 10, United States Code (article 53a of the Uniform
17 Code of Military Justice), as added by section 5237 of the
18 National Defense Authorization Act for Fiscal Year 2017,
19 is amended by striking ‘‘military judge’’ the second place
20 it appears and inserting ‘‘court-martial’’.
21

(i) ARTICLE 56.—Subsection (d)(1) of section 856 of

22 title 10, United States Code (article 56 of the Uniform Code
23 of Military Justice), as amended by section 5301 of the Na24 tional Defense Authorization Act for Fiscal Year 2017, is
25 further amended—

† HR 2810 PAP

159
1

(1) in the matter preceding subparagraph (A),

2

by inserting after ‘‘concerned,’’ the following: ‘‘under

3

standards and procedures set forth in regulations pre-

4

scribed by the President,’’; and

5

(2) in subparagraph (B), by inserting after

6

‘‘(B)’’ the following: ‘‘as determined in accordance

7

with standards and procedures prescribed by the

8

President,’’.

9

(j) ARTICLE 58a.—

10

(1) Subsection (a) of section 858a of title 10,

11

United States Code (article 58a of the Uniform Code

12

of Military Justice), as amended by section 5303(1)

13

of the National Defense Authorization Act for Fiscal

14

Year 2017, is further amended in the matter after

15

paragraph (3) by inserting after ‘‘reduces’’ the fol-

16

lowing: ‘‘, if such a reduction is authorized by regula-

17

tion prescribed by the President,’’.

18
19

(2) The heading of such section (article) is
amended to read as follows:

20 ‘‘§ 858a. Art 58a. Sentences: reduction in enlisted
21
22

grade’’.

(k) ARTICLE 58b.—Subsection (b) of section 858b of

23 title 10, United States Code (article 58b of the Uniform
24 Code of Military Justice), is amended in the first sentence
25 by striking ‘‘section 860 of this title (article 60)’’ and in-

† HR 2810 PAP

160
1 serting ‘‘section 860a or 860b of this title (article 60a or
2 60b)’’.
3

(l) ARTICLE 62.—Subsection (b) of section 862 of title

4 10, United States Code (article 62 of the Uniform Code of
5 Military Justice), is amended by striking ‘‘, notwith6 standing section 866(c) of this title (article 66(c))’’.
7

(m) ARTICLE 63.—Subsection (b) of section 863 of title

8 10, United States Code (article 63 of the Uniform Code of
9 Military Justice), as added by section 5327 of the National
10 Defense Authorization Act for Fiscal Year 2017, is amended
11 by striking the period at the end and inserting ‘‘, subject
12 to such limitations as the President may prescribe by regu13 lation.’’.
14

(n) ARTICLE 64.—Subsection (a) of section 864 of title

15 10, United States Code (article 64 of the Uniform Code of
16 Military Justice), as amended by section 5328(a) of the Na17 tional Defense Authorization Act for Fiscal Year 2017, is
18 further amended by striking ‘‘(a) (a) IN GENERAL.—’’ and
19 inserting ‘‘(a) IN GENERAL.—’’.
20

(o) ARTICLE 65.—Subsection (b)(1) of section 865 of

21 title 10, United States Code (article 65 of the Uniform Code
22 of Military Justice), as amended by section 5329 of the Na23 tional Defense Authorization Act for Fiscal Year 2017, is
24 further amended by striking ‘‘section 866(b)(2) of this title

† HR 2810 PAP

161
1 (article 66(b)(2))’’ and inserting ‘‘section 866(b)(3) of this
2 title (article 66(b)(3))’’.
3

(p) ARTICLE 66.—Subsection (e)(2)(C) of section 866

4 of title 10, United States Code (article 66 of the Uniform
5 Code of Military Justice), as amended by section 5330 of
6 the National Defense Authorization Act for Fiscal Year
7 2017, is further amended by inserting after ‘‘required’’ the
8 following: ‘‘by regulation prescribed by the President or’’.
9

(q) ARTICLE 69.—Subsection (c)(1)(A) of section 869

10 of title 10, United States Code (article 69 of the Uniform
11 Code of Military Justice), as amended by section 5233 of
12 the National Defense Authorization Act for Fiscal Year
13 2017, is further amended by inserting a comma after ‘‘in
14 part’’.
15

(r) ARTICLE 82.—Subsection (b) of section 882 of title

16 10, United States Code (article 82 of the Uniform Code of
17 Military Justice), as amended by section 5403 of the Na18 tional Defense Authorization Act for Fiscal Year 2017, is
19 further amended by striking ‘‘section 99’’ and inserting
20 ‘‘section 899’’.
21

(s) ARTICLE 103a.—Section 8312(b)(2)(A) of title 5,

22 United States Code, is amended by striking ‘‘article 106a’’
23 and inserting ‘‘article 103a’’.
24

(t) ARTICLE 119a.—Subsection (b) of section 919a of

25 title 10, United States Code (article 119a of the Uniform

† HR 2810 PAP

162
1 Code of Military Justice), as amended by section
2 5401(13)(B) of the National Defense Authorization Act for
3 Fiscal Year 2017, is further amended—
4
5
6

(1) by striking ‘‘928a, 926, and 928’’ and inserting ‘‘926, 928, and 928a’’; and
(2) by striking ‘‘128a 126, and 128’’ and insert-

7

ing ‘‘126, 128, and 128a’’.

8

(u) ARTICLE 120.—Subsection (g)(2) of section 920 of

9 title 10, United States Code (article 120 of the Uniform
10 Code of Military Justice), as amended by section 5430(b)
11 of the National Defense Authorization Act for Fiscal Year
12 2017, is further amended in the first sentence by striking
13 ‘‘brest’’ and inserting ‘‘breast’’.
14

(v) ARTICLE 128.—Subsection (b)(2) of section 928 of

15 title 10, United States Code (article 128 of the Uniform
16 Code of Military Justice), as amended by section 5441 of
17 the National Defense Authorization Act for Fiscal Year
18 2017, is further amended by striking the comma after ‘‘sub19 stantial bodily harm’’.
20

(w) ARTICLE 132.—Subsection (b)(2) of section 932 of

21 title 10, United States Code (article 132 of the Uniform
22 Code of Military Justice), as added by section 5450 of the
23 National Defense Authorization Act for Fiscal Year 2017,
24 is amended by striking ‘‘section 1034(h)’’ and inserting
25 ‘‘section 1034(j)’’.

† HR 2810 PAP

163
1

(x) ARTICLE 146.—Subsection (f) of section 946 of title

2 10, United States Code (article 146 of the Uniform Code
3 of Military Justice), as amended by section 5521 of the Na4 tional Defense Authorization Act for Fiscal Year 2017, is
5 further amended—
6

(1) in paragraph (2), by striking the sentence be-

7

ginning ‘‘Not later than’’ and inserting the following

8

new sentence: ‘‘The analysis under this paragraph

9

shall be included in the assessment required by para-

10
11
12

graph (1).’’; and
(2) by striking paragraph (5) and inserting the
following new paragraph (5):

13

‘‘(5) REPORTS.—With respect to each review and

14

assessment under this subsection, the Panel shall sub-

15

mit a report to the Committees on Armed Services of

16

the Senate and the House of Representatives. Each re-

17

port—

18

‘‘(A) shall set forth the results of the review

19

and assessment concerned, including the findings

20

and recommendations of the Panel; and

21

‘‘(B) shall be submitted not later than De-

22

cember 31 of the calendar year in which the re-

23

view and assessment is concluded.’’.

24

(y) TABLES OF SECTIONS.—

† HR 2810 PAP

164
1

(1) The table of sections at the beginning of sub-

2

chapter II of chapter 47 of title 10, United States

3

Code (the Uniform Code of Military Justice), as

4

amended by section 5541(1) of the National Defense

5

Authorization Act for Fiscal Year 2017, is further

6

amended in the items relating to sections 810 and

7

812 (articles 10 and 12) by striking ‘‘Art.’’.

8

(2) The table of sections at the beginning of sub-

9

chapter V of chapter 47 of title 10, United States

10

Code (the Uniform Code of Military Justice), as

11

amended by section 5541(2) of the National Defense

12

Authorization Act for Fiscal Year 2017, is further

13

amended—

14
15

(A) by striking ‘‘825.’’ the second place it
appears and inserting ‘‘825a.’’; and

16

(B) in the items relating to sections 825a,

17

826a, and 829 (articles 25a, 26a, and 29), by

18

striking ‘‘Art.’’.

19

(3) The table of sections at the beginning of sub-

20

chapter VI of chapter 47 of title 10, United States

21

Code (the Uniform Code of Military Justice), as

22

amended by section 5541(3) of the National Defense

23

Authorization Act for Fiscal Year 2017, is further

24

amended—

† HR 2810 PAP

165
1
2

(A) by striking ‘‘830.’’ the second place it
appears and inserting ‘‘830a.’’; and

3

(B) in the items relating to sections 830a

4

and 832 through 835 (articles 30a and 32

5

through 35), by striking ‘‘Art.’’.

6

(4) The table of sections at the beginning of sub-

7

chapter VII of chapter 47 of title 10, United States

8

Code (the Uniform Code of Military Justice), as

9

amended by section 5541(4) of the National Defense

10

Authorization Act for Fiscal Year 2017, is further

11

amended in the items relating to sections 846 through

12

848, 850, 852, 853, and 853a (articles 46 through 48,

13

50, 52, 53, and 53a) by striking ‘‘Art.’’.

14

(5) The table of sections at the beginning of sub-

15

chapter VIII of chapter 47 of title 10, United States

16

Code (the Uniform Code of Military Justice), as

17

amended by section 5541(5) of the National Defense

18

Authorization Act for Fiscal Year 2017, is further

19

amended by striking the item relating to section 858a

20

(article 58a) and inserting the following new item:
‘‘858a. 58a. Sentences: reduction in enlisted grade.’’.

21

(6) The table of sections at the beginning of sub-

22

chapter IX of chapter 47 of title 10, United States

23

Code (the Uniform Code of Military Justice), as

24

amended by section 5541(6) of the National Defense

25

Authorization Act for Fiscal Year 2017, is further
† HR 2810 PAP

166
1

amended in the items relating to sections 860 through

2

861, 864 through 866, and 869 (articles 60 through

3

61, 64 through 66, and 69) by striking ‘‘Art.’’.

4

(7) The table of sections at the beginning of sub-

5

chapter X of chapter 47 of title 10, United States

6

Code (the Uniform Code of Military Justice), as

7

amended by section 5452 of the National Defense Au-

8

thorization Act for Fiscal Year 2017, is further

9

amended—

10

(A) in the items relating to sections 877

11

through 934 (articles 77 through 134), by strik-

12

ing ‘‘Art.’’;

13

(B) in the item relating to section 887a (ar-

14

ticle 87a), by striking ‘‘Resistence’’ and inserting

15

‘‘Resistance’’;

16

(C) in the item relating to section 908 (arti-

17

cle 108), by striking ‘‘of the United States–Loss’’

18

and inserting ‘‘of United States–Loss,’’; and

19

(D) in the item relating to section 909 (ar-

20

ticle 109), by striking ‘‘of the’’ and inserting

21

‘‘of’’.

22

(8) The table of sections at the beginning of sub-

23

chapter XI of chapter 47 of title 10, United States

24

Code (the Uniform Code of Military Justice), as

25

amended by section 5541(7) of the National Defense

† HR 2810 PAP

167
1

Authorization Act for Fiscal Year 2017, is further

2

amended in the items relating to sections 936 and

3

940a (articles 136 and 140a) by striking ‘‘Art.’’.

4

(9) The table of sections at the beginning of sub-

5

chapter XII of chapter 47 of title 10, United States

6

Code (the Uniform Code of Military Justice), as

7

amended by section 5541(8) of the National Defense

8

Authorization Act for Fiscal Year 2017, is further

9

amended in the items relating to sections 946 and

10

946a (articles 146 and 146a) by striking ‘‘Art.’’.

11

(z) OTHER PROVISIONS

OF

TITLE 10

IN

CONNECTION

12 WITH UCMJ REFORM.—
13

(1) Section 673(a) of title 10, United States

14

Code, is amended by striking ‘‘section 920, 920a, or

15

920c of this title (article 120, 120a, or 120c of the

16

Uniform Code of Military Justice)’’ and inserting

17

‘‘section 920, 920c, or 930 of this title (article 120,

18

120c, or 130 of the Uniform Code of Military Jus-

19

tice)’’.

20

(2) Section 674(a) of such title is amended by

21

striking ‘‘section 920, 920a, 920b, 920c, or 925 of this

22

title (article 120, 120a, 120b, 120c, or 125 of the Uni-

23

form Code of Military Justice)’’ and inserting ‘‘sec-

24

tion 920, 920b, 920c, or 930 of this title (article 120,

† HR 2810 PAP

168
1

120b, 120c, or 130 of the Uniform Code of Military

2

Justice)’’.

3

(3) Section 1034(c)(2)(A) of such title is amend-

4

ed by striking ‘‘sections 920 through 920c of this title

5

(articles 120 through 120c of the Uniform Code of

6

Military Justice)’’ and inserting ‘‘section 920, 920b,

7

920c, or 930 of this title (article 120, 120b, 120c, or

8

130 of the Uniform Code of Military Justice)’’.

9

(4) Section 1044e(g)(1) of such title is amended

10

by striking ‘‘section 920, 920a, 920b, 920c, or 925 of

11

this title (article 120, 120a, 120b, 120c, or 125 of the

12

Uniform Code of Military Justice)’’ and inserting

13

‘‘section 920, 920b, 920c, or 930 of this title (article

14

120, 120b, 120c, or 130 of the Uniform Code of Mili-

15

tary Justice)’’.

16

(5) Section 1059(e) of such title is amended—

17

(A) in paragraph (1)(A)(ii), by striking

18

‘‘the approval of’’ and all that follows through

19

‘‘as approved,’’ and inserting ‘‘entry of judgment

20

under section 860c of this title (article 60c of the

21

Uniform Code of Military Justice) if the sen-

22

tence’’; and

23

(B) in paragraph (3)(A), by striking ‘‘by a

24

court-martial’’ the second place it appears and

25

all that follows through ‘‘include any such pun-

† HR 2810 PAP

169
1

ishment,’’ and inserting ‘‘for a dependent-abuse

2

offense and the conviction is disapproved or is

3

otherwise not part of the judgment under section

4

860c of this title (article 60c of the Uniform

5

Code of Military Justice) or the punishment is

6

disapproved or is otherwise not part of the judg-

7

ment under such section (article),’’.

8

(6) Section 1408(h)(10)(A) of such title is

9

amended by striking ‘‘the approval’’ and all that fol-

10

lows and inserting ‘‘entry of judgment under section

11

860c of this title (article 60c of the Uniform Code of

12

Military Justice).’’.

13

(aa) EFFECTIVE DATE.—The amendments made by

14 this section shall take effect immediately after the coming
15 into effect of the amendments made by division E of the
16 National Defense Authorization Act for Fiscal Year 2017,
17 as provided for in section 5542 of that Act.
18

SEC. 523. PRIORITY OF REVIEW BY COURT OF APPEALS FOR

19

THE

20

COURTS OF CRIMINAL APPEALS ON PETI-

21

TIONS

22

RIGHTS.

23

ARMED

FOR

FORCES

OF

ENFORCEMENT

DECISIONS

OF

OF

VICTIMS’

(a) PRIORITY.—Section 806b(e)(3) of title 10, United

24 States Code (article 6b(e)(3) of the Uniform Code of Mili25 tary Justice), as amended by section 522(b) of this Act, is

† HR 2810 PAP

170
1 further amended by adding at the end the following new
2 sentence: ‘‘Review of any decision on such a petition by the
3 Court of Appeals for the Armed Forces shall have priority
4 in the Court of Appeals for the Armed Forces, as determined
5 under the rules of the Court of Appeals for the Armed
6 Forces.’’.
7

(b) EFFECTIVE DATE.—The amendment made by sub-

8 section (a) shall take effect immediately after the coming
9 into effect of the following (in the order specified):
10

(1) The amendments made by division E of the

11

National Defense Authorization Act for Fiscal Year

12

2017 (Public Law 114–328), as provided for in sec-

13

tion 5542 of that Act.

14

(2) The amendments made by section 522(b) of

15

this Act, as provided in section 522(aa) of this Act.

16

SEC. 524. ASSISTANCE OF DEFENSE COUNSEL IN ADDI-

17

TIONAL POST-TRIAL MATTERS FOR ACCUSED

18

CONVICTED BY COURT-MARTIAL.

19

(a) ASSISTANCE.—Subsection (c)(2) of section 838 of

20 title 10, United States Code (article 38 of the Uniform Code
21 of Military Justice), is amended by striking ‘‘section 860
22 of this title (article 60)’’ and inserting ‘‘section 860, 860a,
23 or 860b of this title (article 60, 60a, or 60b)’’.
24

(b) EFFECTIVE DATE.—The amendment made by sub-

25 section (a) shall take effect immediately after the coming

† HR 2810 PAP

171
1 into effect of the amendments made by division E of the
2 National Defense Authorization Act for Fiscal Year 2017
3 (Public Law 114–328), as provided for in section 5542 of
4 that Act.
5

SEC. 525. ENUMERATION OF ADDITIONAL LIMITATIONS ON

6

ACCEPTANCE OF PLEA AGREEMENTS BY MILI-

7

TARY

8

COURTS-MARTIAL.

9

JUDGES

OF

GENERAL

OR

SPECIAL

(a) IN GENERAL.—Subsection (b) of section 853a of

10 title 10, United States Code (article 53a of the Uniform
11 Code of Military Justice), as added by section 5237 of the
12 National Defense Authorization Act for Fiscal Year 2017
13 (Public Law 114–328), is amended—
14
15
16
17
18
19

(1) in paragraph (2), by striking ‘‘or’’ after the
semicolon;
(2) in paragraph (3), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:

20

‘‘(4) is prohibited by law; or

21

‘‘(5) is contrary to, or is inconsistent with, a

22

regulation prescribed by the President with respect to

23

terms, conditions, or other aspects of plea agree-

24

ments.’’.

† HR 2810 PAP

172
1

(b) EFFECTIVE DATE.—The amendments made by sub-

2 section (a) shall take effect immediately after the coming
3 into effect of the amendments made by division E of the
4 National Defense Authorization Act for Fiscal Year 2017,
5 as provided for in section 5542 of that Act.
6

SEC. 526. ADDITIONAL PROCEEDINGS BY COURTS OF CRIMI-

7

NAL APPEALS BY ORDER OF UNITED STATES

8

COURT

9

FORCES.

10

OF

APPEALS

FOR

THE

ARMED

(a) IN GENERAL.—Subsection (f)(3) of section 866 of

11 title 10, United States Code (article 66 of the Uniform Code
12 of Military Justice), as amended by section 5330 of the Na13 tional Defense Authorization Act for Fiscal Year 2017 (Pub14 lic Law 114–328), is further amended—
15
16

(1) by inserting after ‘‘Court’’ the first place it
appears the following: ‘‘of Criminal Appeals’’; and

17

(2) by adding at the end the following new sen-

18

tence: ‘‘If the Court of Appeals for the Armed Forces

19

determines that additional proceedings are war-

20

ranted, the Court of Criminal Appeals shall order a

21

hearing or other proceeding in accordance with the

22

direction of the Court of Appeals for the Armed

23

Forces.’’.

24

(b) EFFECTIVE DATE.—The amendments made by sub-

25 section (a) shall take effect immediately after the coming

† HR 2810 PAP

173
1 into effect of the amendments made by division E of the
2 National Defense Authorization Act for Fiscal Year 2017,
3 as provided for in section 5542 of that Act.
4

SEC. 527. CLARIFICATION OF APPLICABILITY AND EFFEC-

5

TIVE DATES FOR STATUTE OF LIMITATIONS

6

AMENDMENTS IN CONNECTION WITH UNI-

7

FORM CODE OF MILITARY JUSTICE REFORM.

8

(a) APPLICABILITY

OF

CERTAIN AMENDMENTS.—Ef-

9 fective as of December 23, 2016, and immediately after the
10 enactment of the National Defense Authorization Act for
11 Fiscal Year 2017 (Public Law 114–328), to which such
12 amendment relates, section 5225(f) of that Act is amended
13 by striking ‘‘this subsection’’ and inserting ‘‘this section’’.
14

(b) CHILD ABUSE OFFENSES.—With respect to offenses

15 committed before the date designated by the President under
16 section 5542(a) of the National Defense Authorization Act
17 for Fiscal Year 2017, subsection (b)(2)(B) of section 843
18 of title 10, United States Code (article 43 of the Uniform
19 Code of Military Justice), shall be applied as in effect on
20 December 22, 2016.
21
22

(c) FRAUDULENT ENLISTMENT
FENSES.—With

OR

APPOINTMENT OF-

respect to the period beginning on the date

23 of the enactment of the National Defense Authorization Act
24 for Fiscal Year 2017 and ending on the day before the date
25 designated by the President under section 5542(a) of that

† HR 2810 PAP

174
1 Act, in the application of subsection (h) of section 843 of
2 title 10, United States Code (article 43 of the Uniform Code
3 of Military Justice), as added by section 5225(b) of that
4 Act, the reference in such subsection (h) to section 904a(1)
5 of title 10, United States Code (article 104a(1) of the Uni6 form Code of Military Justice), shall be deemed to be a ref7 erence to section 883(1) of title 10, United States Code (ar8 ticle 83(1) of the Uniform Code of Military Justice).
9

SEC. 528. MODIFICATION OF YEAR OF INITIAL REVIEW BY

10

MILITARY JUSTICE REVIEW PANEL OF UNI-

11

FORM CODE OF MILITARY JUSTICE REFORM

12

AMENDMENTS.

13

(a) IN GENERAL.—Subsection (f)(1) of section 946 of

14 title 10, United States Code (article 146 of the Uniform
15 Code of Military Justice), as amended by section 5521 of
16 the National Defense Authorization Act for Fiscal Year
17 2017 (Public Law 114–328), is further amended by striking
18 ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2021’’.
19

(b) EFFECTIVE DATE.—The amendment made by sub-

20 section (a) shall take effect immediately after the coming
21 into effect of the amendments made by division E of the
22 National Defense Authorization Act for Fiscal Year 2017,
23 as provided for in section 5542 of that Act.

† HR 2810 PAP

175
1

SEC. 529. CLARIFICATION OF APPLICABILITY OF CERTAIN

2

PROVISIONS OF LAW TO CIVILIAN JUDGES OF

3

THE UNITED STATES COURT OF MILITARY

4

COMMISSION REVIEW.

5

Section 950f(b) of title 10, United States Code, is

6 amended by adding at the end the following new paragraph:
7

‘‘(5)(A) For purposes of sections 203, 205, 207, 208,

8 and 209 of title 18, the term ‘special Government employee’
9 shall include a judge of the Court appointed under para10 graph (3).
11

‘‘(B) A person appointed as a judge of the Court under

12 paragraph (3) shall be considered to be an officer or em13 ployee of the United States with respect to such person’s
14 status as a judge, but only during periods in which such
15 person is performing the duties of such a judge. Any provi16 sion of law that prohibits or limits the political or business
17 activities of an employee of the United States shall only
18 apply to such a judge during such periods.’’.
19

SEC. 530. ENHANCEMENT OF EFFECTIVE PROSECUTION

20

AND DEFENSE IN COURTS-MARTIAL AND RE-

21

LATED MATTERS.

22
23

(a) ADDITIONAL ELEMENT
TIVE

PROSECUTION

AND

IN

PROGRAM

FOR

EFFEC-

DEFENSE.—Subsection (a)(1) of

24 section 542 of the National Defense Authorization Act for
25 Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2126;
26 10 U.S.C. 827 note) is amended by inserting before the
† HR 2810 PAP

176
1 semicolon the following: ‘‘or there is adequate supervision
2 and oversight of trial counsel and defense counsel so detailed
3 to ensure effective prosecution and defense in the court-mar4 tial’’.
5

(b) ASSIGNMENT

6

VISE

7

TION AND

IN

PROSECU-

DEFENSE.—Such section is further amended—
(1) by redesignating subsections (c) and (d) as

subsections (d) and (e), respectively; and

10

(2) by inserting after subsection (b) the following

11

new subsection (c):

12

‘‘(c) ASSIGNMENT

13

PERVISE

14

ECUTION AND

15

CIVILIAN EMPLOYEES TO SUPER-

LESS EXPERIENCED JUDGE ADVOCATES

8
9

OF

OF

CIVILIAN EMPLOYEES TO SU-

LESS EXPERIENCED JUDGE ADVOCATES

IN

PROS-

DEFENSE.—

‘‘(1) ASSIGNMENT

AUTHORIZED.—The

Secretary

16

concerned may assign the function of supervising and

17

overseeing prosecution or defense in courts-martial by

18

less experienced judge advocates to civilian employees

19

of the military department concerned or the Depart-

20

ment of Homeland Security, as applicable, who have

21

extensive litigation expertise.

22

‘‘(2) STATUS

AS SUPERVISOR.—A

civilian em-

23

ployee assigned to supervise and oversee the prosecu-

24

tion or defense in a court-martial pursuant to this

25

subsection is not required to be detailed to the case,

† HR 2810 PAP

177
1

but must be reasonably available for consultation dur-

2

ing court-martial proceedings.’’.

3

(c) PILOT PROGRAMS

4

MENTAL

ON

PROFESSIONAL DEVELOP-

PROCESS FOR JUDGE ADVOCATES.—Subsection (d)

5 of such section, as redesignated by subsection (b)(1) of this
6 section, is amended—
7

(1) in paragraph (1), striking ‘‘establishing’’

8

and all that follows and inserting ‘‘a military justice

9

career track for judge advocates under the jurisdiction

10
11
12
13
14
15
16

of the Secretary.’’;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph (4):
‘‘(4) ELEMENTS.—Each pilot program shall include the following:

17

‘‘(A) A military justice career track for

18

judge advocates that leads to judge advocates

19

with military justice expertise in the grade of

20

colonel, or in the grade of captain in the case of

21

judge advocates of the Navy.

22

‘‘(B) The use of skill identifiers to identify

23

judge advocates for participation in the pilot

24

program from among judge advocates having ap-

† HR 2810 PAP

178
1

propriate skill and experience in military justice

2

matters.

3

‘‘(C) Guidance for promotion boards consid-

4

ering the selection for promotion of officers par-

5

ticipating in the pilot program in order to en-

6

sure that judge advocates who are participating

7

in the pilot program have the same opportunity

8

for promotion as all other judge advocate officers

9

being considered for promotion by such boards.

10

‘‘(D) Such other matters as the Secretary

11

concerned considers appropriate.’’.

12

SEC. 531. COURT OF APPEALS FOR THE ARMED FORCES JU-

13

RISDICTION TO REVIEW INTERLOCUTORY AP-

14

PEALS OF DECISIONS ON CERTAIN PETITIONS

15

FOR WRITS OF MANDAMUS.

16

Section 806b(e) of title 10, United States Code (article

17 6b(e) of the Uniform Code of Military Justice), is amend18 ed—
19
20
21
22
23
24

(1) in paragraph (1), by striking ‘‘paragraph
(4)’’and inserting ‘‘paragraph (5)’’;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph (4):

† HR 2810 PAP

179
1

‘‘(4) The Court of Appeals for the Armed Forces may

2 review for legal error a grant or denial of a petition for
3 a writ of mandamus under this subsection by the Court of
4 Criminal Appeals, upon petition of a victim of an offense
5 under this chapter or of the accused, and on good cause
6 shown. Any such review shall, to the extent practicable, have
7 priority over all other proceedings of the Court of Appeals.’’.
8

SEC. 532. PUNITIVE ARTICLE ON WRONGFUL BROADCAST

9

OR DISTRIBUTION OF INTIMATE VISUAL IM-

10

AGES OR VISUAL IMAGES OF SEXUALLY EX-

11

PLICIT

12

CODE OF MILITARY JUSTICE.

13

CONDUCT

UNDER

THE

UNIFORM

(a) PROHIBITION.—Subchapter X of chapter 47 of title

14 10, United States Code, is amended by inserting after sec15 tion 917 (article 117 of the Uniform Code of Military Jus16 tice) the following new section (article):
17 ‘‘§ 917a. Art. 117a. Wrongful broadcast or distribution
18
19

of intimate visual images

‘‘(a) PROHIBITION.—Any person subject to this chap-

20 ter who—
21

‘‘(1) knowingly and wrongfully broadcasts or

22

distributes an intimate visual image of another per-

23

son or a visual image of sexually explicit conduct in-

24

volving a person who—

† HR 2810 PAP

180
1

‘‘(A) is at least 18 years of age at the time

2

the intimate visual image or visual image of sex-

3

ually explicit conduct was created;

4

‘‘(B) is identifiable from the intimate visual

5

image or visual image of sexually explicit con-

6

duct itself, or from information displayed in

7

connection with the intimate visual image or

8

visual image of sexually explicit conduct; and

9

‘‘(C) does not explicitly consent to the

10

broadcast or distribution of the intimate visual

11

image or visual image of sexually explicit con-

12

duct;

13

‘‘(2) knows or reasonably should have known

14

that the intimate visual image or visual image of sex-

15

ually explicit conduct was made under circumstances

16

in which the person depicted in the intimate visual

17

image or visual image of sexually explicit conduct re-

18

tained a reasonable expectation of privacy regarding

19

any broadcast or distribution of the intimate visual

20

image or visual image of sexually explicit conduct;

21

and

22

‘‘(3) knows or reasonably should have known

23

that the broadcast or distribution of the intimate vis-

24

ual image or visual image of sexually explicit conduct

25

is likely—

† HR 2810 PAP

181
1

‘‘(A) to cause harm, harassment, intimida-

2

tion, emotional distress, or financial loss for the

3

person depicted in the intimate visual image or

4

visual image of sexually explicit conduct; or

5

‘‘(B) to harm substantially the depicted per-

6

son with respect to that person’s health, safety,

7

business, calling, career, financial condition, rep-

8

utation, or personal relationships,

9 is guilty of wrongful distribution of intimate visual images
10 or visual images of sexually explicit conduct and shall be
11 punished as a court-martial may direct.
12

‘‘(b) DEFINITIONS.—In this section (article):

13

‘‘(1) BROADCAST.—The term ‘broadcast’ means

14

to electronically transmit a visual image with the in-

15

tent that it be viewed by a person or persons.

16

‘‘(2) DISTRIBUTE.—The term ‘distribute’ means

17

to deliver to the actual or constructive possession of

18

another person, including transmission by mail or

19

electronic means.

20

‘‘(3) INTIMATE

VISUAL IMAGE.—The

term ‘inti-

21

mate visual image’ means a visual image that depicts

22

a private area of a person.

23

‘‘(4) PRIVATE

AREA.—The

term ‘private area’

24

means the naked or underwear-clad genitalia, anus,

25

buttocks, or female areola or nipple.

† HR 2810 PAP

182
1

‘‘(5) REASONABLE

EXPECTATION OF PRIVACY.—

2

The term ‘reasonable expectation of privacy’ refers to

3

circumstances in which a reasonable person would be-

4

lieve that an intimate visual image of the person, or

5

a visual image of sexually explicit conduct involving

6

the person, would not be broadcast or distributed to

7

another person.

8

‘‘(6) SEXUALLY

EXPLICIT CONDUCT.—The

term

9

‘sexually explicit conduct’ means actual or simulated

10

genital-genital contact, oral-genital contact, anal-gen-

11

ital contact, or oral-anal contact, whether between

12

persons of the same or opposite sex, bestiality, mas-

13

turbation, or sadistic or masochistic abuse.

14
15

‘‘(7) VISUAL

term ‘visual image’

means the following:

16
17

IMAGE.—The

‘‘(A) Any developed or undeveloped photograph, picture, film or video.

18

‘‘(B) Any digital or computer image, pic-

19

ture, film, or video made by any means, includ-

20

ing those transmitted by any means, including

21

streaming media, even if not stored in a perma-

22

nent format.

23
24

‘‘(C) Any digital or electronic data capable
of conversion into a visual image.’’.

† HR 2810 PAP

183
1

(b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of subchapter X of chapter 47 of title 10,
3 United States Code (the Uniform Code of Military Justice),
4 is amended by inserting after the item relating to section
5 917 (article 117) the following new item:
‘‘917a. 117a. Wrongful broadcast or distribution of intimate visual images.’’.

6

SEC. 533. REPORT ON AVAILABILITY OF POSTSECONDARY

7

CREDIT FOR SKILLS ACQUIRED DURING MILI-

8

TARY SERVICE.

9

Not later than 60 days after the date of enactment of

10 this Act, the Secretary of Defense, in consultation with the
11 Secretaries of Veterans Affairs, Education, and Labor, shall
12 submit to Congress a report on the transfer of skills into
13 equivalent postsecondary credits or technical certifications
14 for members of the armed forces leaving the military. Such
15 report shall describe each the following:
16

(1) Each skill that may be acquired during mili-

17

tary service that is eligible for transfer into an equiv-

18

alent postsecondary credit or technical certification.

19

(2) The academic level of the equivalent postsec-

20

ondary credit or technical certification for each such

21

skill.

22

(3) Each academic institution that awards an

23

equivalent postsecondary credit or technical certifi-

24

cation for such skills, including—

† HR 2810 PAP

184
1

(A) each such academic institution’s status

2

as a public or private institution, and as a non-

3

profit or for-profit institution; and

4

(B) the number of veterans that applied to

5

such academic institution who were able to re-

6

ceive equivalent postsecondary credits or tech-

7

nical certifications in the preceding fiscal year,

8

and the academic level of the credits or certifi-

9

cations.

10

(4) The number of members of the armed forces

11

who left the military in the preceding fiscal year, and

12

the number of such members who met with an aca-

13

demic or technical training advisor as part of the

14

member’s participation in the Transition Assistance

15

Program of the Department of Defense.

18

Subtitle
E—Member
Education,
Training, Transition, and Resilience

19

SEC. 541. READY, RELEVANT LEARNING INITIATIVE OF THE

16
17

20
21

NAVY.

(a) CERTIFICATIONS REQUIRED.—Not later than Octo-

22 ber 1, 2017, and each year thereafter, the Secretary of the
23 Navy shall submit to the Committees on Armed Services
24 of the Senate and House of Representatives a certification
25 on the status of implementation of the Ready, Relevant

† HR 2810 PAP

185
1 Learning initiative of the Navy for each applicable enlisted
2 rating.
3

(b) ELEMENTS.—Each certification under subsection

4 (a) shall include the following:
5

(1) A certification by the Commander of the

6

United States Fleet Forces Command that the block

7

learning and modernized delivery methods of the

8

Ready, Relevant Learning initiative to be imple-

9

mented during the fiscal year beginning in which

10

such certification is submitted will meet or exceed the

11

existing training delivery approach for all associated

12

training requirements.

13

(2) A certification by the Secretary that the con-

14

tent re-engineering necessary to meet all training ob-

15

jectives and transition from the traditional training

16

curriculum to the modernized delivery format to be

17

implemented during such fiscal year will be complete

18

prior to such transition, including full functionality

19

of all required course software and hardware.

20

(3) A detailed cost estimate of transitioning to

21

the block learning and modernized delivery ap-

22

proaches to be implemented during such fiscal year

23

with funding listed by purpose, amount, appropria-

24

tions account, budget program element or line item,

25

and end strength adjustments.

† HR 2810 PAP

186
1

(4) A detailed phasing plan associated with

2

transitioning to the block learning and modernized

3

delivery approaches to be implemented during such

4

fiscal year, including the current status, timing, and

5

identification of reductions in ‘‘A’’ school and ‘‘C’’

6

school courses, curricula, funding, and personnel.

7

(5) A certification by the Secretary that—

8

(A) the contracting strategy associated with

9

transitioning to the modernized delivery ap-

10

proach to be implemented during such fiscal year

11

has been completed; and

12

(B) contracting actions contain sufficient

13

specification detail to enable a low risk approach

14

to receiving the deliverable end item or items on-

15

budget, on-schedule, and with satisfactory per-

16

formance.

17

SEC. 542. ELEMENT IN PRESEPARATION COUNSELING FOR

18

MEMBERS OF THE ARMED FORCES ON AS-

19

SISTANCE

20

CAREGIVERS

21

THROUGH THE DEPARTMENT OF VETERANS

22

AFFAIRS.

23

AND

SUPPORT
OF

SERVICES

CERTAIN

FOR

VETERANS

(a) IN GENERAL.—Section 1142(b) of title 10, United

24 States Code, is amended by adding at the end the following
25 new paragraph:

† HR 2810 PAP

187
1

‘‘(18) A description, developed in consultation

2

with the Secretary of Veterans Affairs, of the assist-

3

ance and support services for family caregivers of eli-

4

gible veterans under the program conducted by the

5

Secretary of Veterans Affairs pursuant to section

6

1720G of title 38, including the veterans covered by

7

the program, the caregivers eligible for assistance and

8

support through the program, and the assistance and

9

support available through the program.’’.

10
11
12

(b) PARTICIPATION OF POTENTIAL CAREGIVERS IN APPROPRIATE

PRESEPARATION COUNSELING.—

(1) IN

GENERAL.—In

accordance with proce-

13

dures established by the Secretary of Defense, each

14

Secretary of a military department shall take appro-

15

priate actions to achieve the following:

16

(A) To determine whether each member of

17

the Armed Forces under the jurisdiction of such

18

Secretary who is undergoing preseparation coun-

19

seling pursuant to section 1142 of title 10,

20

United States Code (as amended by subsection

21

(a)), and who may require caregiver services

22

after separation from the Armed Forces has iden-

23

tified an individual to provide such services after

24

the member’s separation.

† HR 2810 PAP

188
1

(B) In the case of a member described in

2

subparagraph (A) who has identified an indi-

3

vidual to provide caregiver services after the

4

member’s separation, at the election of the mem-

5

ber, to permit such individual to participate in

6

appropriate

7

preseparation counseling in order to inform such

8

individual of—

sessions

of

the

member’s

9

(i) the assistance and support services

10

available to caregivers of members after sep-

11

aration from the Armed Forces; and

12

(ii) the manner in which the member’s

13

transition to civilian life after separation

14

may likely affect such individual as a care-

15

giver.

16

(2) CAREGIVERS.—For purposes of this sub-

17

section, individuals who provide caregiver services re-

18

fers to individuals (including a spouse, partner, par-

19

ent, sibling, adult child, other relative, or friend) who

20

provide physical or emotional assistance to former

21

members of the Armed Forces during and after their

22

transition from military life to civilian life following

23

separation from the Armed Forces.

24
25

(3) DEADLINE

FOR COMMENCEMENT.—Each

Sec-

retary of a miliary department shall commence the

† HR 2810 PAP

189
1

actions required pursuant to this subsection by not

2

later than 180 days after the date of the enactment

3

of this Act.

4

SEC. 543. DISCHARGE IN THE SELECTED RESERVE OF THE

5

COMMISSIONED

6

MILITARY

7

WHO PARTICIPATE IN PROFESSIONAL ATH-

8

LETICS.

9

SERVICE

SERVICE

OBLIGATION

ACADEMY

OF

GRADUATES

(a) UNITED STATES MILITARY ACADEMY.—Section

10 4348(a) of title 10, United States Code, is amended by add11 ing at the end the following new paragraph:
12

‘‘(5) That, if upon graduation the cadet obtains

13

employment as a professional athlete in lieu of the ac-

14

ceptance of an appointment tendered under para-

15

graph (2), the cadet—

16

‘‘(A) will accept an appointment as a com-

17

missioned officer as a Reserve in the Army for

18

service in the Army Reserve; and

19

‘‘(B) will remain in that reserve component

20

as a member of the Selected Reserve until com-

21

pletion of the commissioned service obligation of

22

the cadet.’’.

23

(b) UNITED STATES NAVAL ACADEMY.—Section

24 6959(a) of title 10, United States Code, is amended by add25 ing at the end the following new paragraph:

† HR 2810 PAP

190
1

‘‘(5) That, if upon graduation the midshipman

2

obtains employment as a professional athlete in lieu

3

of the acceptance of an appointment tendered under

4

paragraph (2), the midshipman—

5

‘‘(A) will accept an appointment as a com-

6

missioned officer as a Reserve in the Navy for

7

service in the Navy Reserve or the Marine Corps

8

Reserve; and

9

‘‘(B) will remain in that reserve component

10

as a member of the Selected Reserve until com-

11

pletion of the commissioned service obligation of

12

the midshipman.’’.

13

(c) UNITED STATES AIR FORCE ACADEMY.—Section

14 9348(a) of title 10, United States Code, is amended by add15 ing at the end the following new paragraph:
16

‘‘(5) That, if upon graduation the cadet obtains

17

employment as a professional athlete in lieu of the ac-

18

ceptance of an appointment tendered under para-

19

graph (2), the cadet—

20

‘‘(A) will accept an appointment as a com-

21

missioned officer as a Reserve in the Air Force

22

for service in the Air Force Reserve; and

23

‘‘(B) will remain in that reserve component

24

as a member of the Selected Reserve until com-

† HR 2810 PAP

191
1

pletion of the commissioned service obligation of

2

the cadet.’’.

3

(d) APPLICATION

OF

AMENDMENTS.—The Secretaries

4 of the military departments shall promptly revise the cadet
5 and midshipman service agreements under sections 4348,
6 6959, and 9348 of title 10, United States Code, to reflect
7 the amendments made by this section. The revised agree8 ment shall apply to cadets and midshipmen who are attend9 ing the United States Military Academy, the United States
10 Naval Academy, or the United States Air Force Academy
11 on the date of the enactment of this Act and to persons who
12 begin attendance at such military service academies on or
13 after that date.
14

SEC. 544. PILOT PROGRAMS ON APPOINTMENT IN THE EX-

15

CEPTED SERVICE IN THE DEPARTMENT OF

16

DEFENSE

17

FORMER CADETS AND MIDSHIPMEN.

18
19

OF

PHYSICALLY

DISQUALIFIED

(a) PILOT PROGRAMS AUTHORIZED.—
(1) IN

GENERAL.—Each

Secretary of a military

20

department may carry out a pilot program under

21

which former cadets or midshipmen described in

22

paragraph (2) (in this section referred to as ‘‘eligible

23

individuals’’) under the jurisdiction of such Secretary

24

may be appointed by the Secretary of Defense in the

† HR 2810 PAP

192
1

excepted service under section 3320 of title 5, United

2

States Code, in the Department of Defense.

3

(2) CADETS

AND MIDSHIPMEN.—Except

as pro-

4

vided in paragraph (3), a former cadet or mid-

5

shipman described in this paragraph is any former

6

cadet at the United States Military Academy or the

7

United States Air Force Academy, and any former

8

midshipman at the United States Naval Academy,

9

who—

10

(A) completed the prescribed course of in-

11

struction and graduated from the applicable

12

service academy; and

13

(B) is determined to be medically disquali-

14

fied to complete a period of active duty in the

15

Armed Forces prescribed in an agreement signed

16

by such cadet or midshipman in accordance with

17

section 4348, 6959, or 9348 of title 10, United

18

States Code.

19

(3) EXCEPTION.—A former cadet or midshipman

20

whose medical disqualification as described in para-

21

graph (2)(B) is the result of the gross negligence or

22

misconduct of the former cadet or midshipman is not

23

an eligible individual for purposes of appointment

24

under a pilot program.

† HR 2810 PAP

193
1

(b) PURPOSE.—The purpose of the pilot programs is

2 to evaluate the feasibility and advisability of permitting eli3 gible individuals who cannot accept a commission or com4 plete a period of active duty in the Armed Forces prescribed
5 by the Secretary of the military department concerned to
6 fulfill an obligation for active duty service in the Armed
7 Forces through service as a civilian employee of the Depart8 ment of Defense
9

(c) POSITIONS.—

10

(1) IN

GENERAL.—The

positions to which an eli-

11

gible individual may be appointed under a pilot pro-

12

gram are existing positions within the Department of

13

Defense in grades up to GS–9 under the General

14

Schedule under section 5332 of title 5, United States

15

Code (or equivalent). The authority in subsection (a)

16

does not authorize the creation of additional posi-

17

tions, or create any vacancies to which eligible indi-

18

viduals may be appointed under a pilot program.

19

(2) TERM

POSITIONS.—Any

appointment under

20

a pilot program shall be to a position having a term

21

of five years or less.

22

(d) SCOPE OF AUTHORITY.—

23

(1) RECRUITMENT

AND RETENTION OF ELIGIBLE

24

INDIVIDUALS.—The

25

be used only to the extent necessary to recruit and re-

† HR 2810 PAP

authority in subsection (a) may

194
1

tain on a non-competitive basis cadets and mid-

2

shipmen who are relieved of an obligation for active

3

duty in the Armed Forces due to becoming medically

4

disqualified from serving on active duty in the Armed

5

Forces, and may not be used to appoint any other in-

6

dividuals in the excepted service.

7

(2)

VOLUNTARY

ACCEPTANCE

OF

APPOINT-

8

MENTS.—A

9

plicit or explicit basis for compelling an eligible indi-

10

vidual to accept an appointment in the excepted serv-

11

ice in accordance with this section.

12

(e) RELATIONSHIP

pilot program may not be used as an im-

TO

REPAYMENT PROVISIONS.—

13 Completion of a term appointment pursuant to a pilot pro14 gram shall relieve the eligible individual concerned of any
15 repayment obligation under section 303a(e) or 373 of title
16 37, United States Code, with respect to the agreement of
17 the individual described in subsection (b)(2)(B).
18
19

(f) TERMINATION.—
(1) IN

GENERAL.—The

authority to appoint eli-

20

gible individuals in the excepted service under a pilot

21

program shall expire on the date that is four years

22

after the date of the enactment of this Act.

23

(2) EFFECT

ON EXISTING APPOINTMENTS.—The

24

termination by paragraph (1) of the authority in sub-

25

section (a) shall not affect any appointment made

† HR 2810 PAP

195
1

under that authority before the termination date spec-

2

ified in paragraph (1) in accordance with the terms

3

of such appointment.

4

SEC. 545. LIMITATION ON AVAILABILITY OF FUNDS FOR AT-

5

TENDANCE OF AIR FORCE ENLISTED PER-

6

SONNEL AT AIR FORCE OFFICER PROFES-

7

SIONAL MILITARY EDUCATION IN-RESIDENCE

8

COURSES.

9

(a) LIMITATION.—None of the funds authorized to be

10 appropriated or otherwise available for the Department of
11 the Air Force may be obligated or expended for the purpose
12 of the attendance of Air Force enlisted personnel at Air
13 Force officer professional military education (PME) in-resi14 dence courses until the later of—
15

(1) the date on which the Secretary of the Air

16

Force submits to the Committees on Armed Services

17

of the Senate and the House of Representatives, and

18

to the Comptroller General of the United States, a re-

19

port on the attendance of such personnel at such

20

courses as described in subsection (b);

21

(2) the date on which the Comptroller General

22

submits to such committees the report setting forth an

23

assessment of the report under paragraph (1) as de-

24

scribed in subsection (c); or

† HR 2810 PAP

196
1

(3) 180 days after the date of the enactment of

2

this Act.

3

(b) SECRETARY

OF THE

AIR FORCE REPORT.—The re-

4 port of the Secretary described in subsection (a)(1) shall
5 include the following:
6

(1) The purpose of the attendance of Air Force

7

enlisted personnel at Air Force officer professional

8

military education in-residence courses.

9

(2) The objectives for the attendance of such en-

10

listed personnel at such officer professional military

11

education courses.

12

(3) The required prerequisites for such enlisted

13

personnel to attend such officer professional military

14

education courses.

15

(4) The process for selecting such enlisted per-

16

sonnel to attend such officer professional military

17

education courses.

18

(5) The impact of the attendance of such enlisted

19

personnel at such officer professional military edu-

20

cation courses on the availability of officer allocations

21

for the attendance of officers at such courses.

22

(6) The impact of the attendance of such enlisted

23

personnel at such officer professional military edu-

24

cation courses on the morale and retention of officers

25

attending such courses.

† HR 2810 PAP

197
1

(7) The resources required for such enlisted per-

2

sonnel to attend such officer professional military

3

education courses.

4

(8) The impact on unit and overall Air Force

5

manning levels of the attendance of such enlisted per-

6

sonnel at such officer professional military education

7

courses, especially at the statutorily-limited end

8

strengths of grades E–8 and E–9.

9

(9) The extent to which graduation by such en-

10

listed personnel from such officer professional mili-

11

tary education courses is a requirement for Air Force

12

or joint assignments.

13

(10) The planned assignment utilization for Air

14

Force enlisted graduates of such officer professional

15

military education courses.

16

(11) Any other matters in connection with the

17

attendance of such enlisted personnel at such officer

18

professional military education courses that the Sec-

19

retary considers appropriate.

20

(c) COMPTROLLER GENERAL

OF THE

UNITED STATES

21 REPORT.—
22

(1) IN

GENERAL.—Not

later than 90 days after

23

the date the Secretary submits the report described in

24

subsection (a)(1), the Comptroller General shall sub-

25

mit to the Committees on Armed Services of the Sen-

† HR 2810 PAP

198
1

ate and the House of Representatives a briefing on an

2

assessment of the report by the Comptroller General.

3

As soon as practicable after the briefing, the Comp-

4

troller General shall submit to such committees a re-

5

port on such assessment for purposes of subsection

6

(a)(2).

7
8

(2) ELEMENTS.—The report under paragraph
(1) shall include the following:

9

(A) An assessment of whether the conclu-

10

sions and assertions included in the report of the

11

Secretary under subsection (a) are comprehen-

12

sive, fully supported, and sufficiently detailed.

13

(B) An identification of any shortcomings,

14

limitations, or other reportable matters that af-

15

fect the quality of the findings or conclusions of

16

the report of the Secretary.

17

SEC. 546. PILOT PROGRAM ON INTEGRATION OF DEPART-

18

MENT OF DEFENSE AND NON-FEDERAL EF-

19

FORTS FOR CIVILIAN EMPLOYMENT OF MEM-

20

BERS OF THE ARMED FORCES FOLLOWING

21

TRANSITION FROM ACTIVE DUTY TO CIVILIAN

22

LIFE.

23
24
25

(a) PILOT PROGRAM REQUIRED.—
(1) IN

GENERAL.—The

Secretary of Defense shall

conduct a pilot program to assess the feasability and

† HR 2810 PAP

199
1

advisability of assisting members of the Armed Forces

2

described in subsection (c) who are undergoing the

3

transition from active duty in the Armed Forces to

4

civilian life by accelerating and improving their ac-

5

cess to employment following their transition to civil-

6

ian life through the coordination, integration, and

7

leveraging of existing programs and authorities of the

8

Department of Defense for such purposes with pro-

9

grams and resources of State and local agencies, in-

10

stitutions of higher education, employers, and other

11

public, private, and nonprofit entities applicable to

12

the pilot program.

13

(2) EXISTING

COMMUNITY PROGRAMS AND RE-

14

SOURCES.—For

15

grams and resources of State and local agencies, in-

16

stitutions of higher education, employers, and other

17

public, private, and nonprofit entities described in

18

paragraph (1) in the vicinity of a location of the

19

pilot program are referred to as the ‘‘existing commu-

20

nity programs and resources’’ in that vicinity.

21

(b) GOALS.—The goals of the pilot program shall be

purposes of this section, existing pro-

22 as follows:
23

(1) To facilitate the coordination of existing

24

community programs and resources in the locations of

25

the pilot program in order to identify a model for the

† HR 2810 PAP

200
1

coordination of such programs and authorities that

2

can be replicated nationwide in communities in

3

which members of the Armed Forces described in sub-

4

section (c) are undergoing the transition from active

5

duty to civilian life.

6

(2) To identify mechanisms by which the De-

7

partment of Defense and existing community pro-

8

grams and resources may work with employers and

9

members of the Armed Forces described in subsection

10

(c) in order to—

11

(A) identify workforce needs that may be

12

satisfiable by such members following their tran-

13

sition to civilian life;

14

(B) identify military occupational skills

15

that may satisfy the workforce needs identified

16

pursuant to subparagraph (A); and

17

(C) identify gaps in the training of mem-

18

bers of the Armed Forces that may require reme-

19

diation in order to satisfy workforce needs iden-

20

tified pursuant to subparagraph (A), and iden-

21

tify mechanisms by which members of the Armed

22

Forces described in subsection (c) may receive

23

training to remediate such gaps.

24

(3) To identify mechanisms to assist members of

25

the Armed Forces described in subsection (c) in bridg-

† HR 2810 PAP

201
1

ing geographical gaps between their final military in-

2

stallations and nearby metropolitan areas in which

3

employment and necessary training are likely to be

4

available to such members during or following their

5

transition to civilian life.

6

(c) COVERED MEMBERS.—The members of the Armed

7 Forces described in this subsection are the following:
8

(1) Regular members of the Armed Forces who

9

are within 180 days of discharge or release from the

10

Armed Forces.

11

(2) Members of the reserve components of the

12

Armed Forces (whether National Guard or Reserve)

13

who are on active duty for a period of more than 365

14

days and are within 180 days of release from such ac-

15

tive duty.

16

(d) LOCATIONS.—

17

(1) IN

GENERAL.—The

Secretary shall carry out

18

the pilot program at not less than five locations se-

19

lected by the Secretary for purposes of the pilot pro-

20

gram.

21
22

(2) SELECTION

REQUIREMENTS.—Each

location

selected pursuant to paragraph (1) shall—

23

(A) include a military installation—

† HR 2810 PAP

202
1

(i) that has a well-established military-

2

civilian community relationship with the

3

civilian communities nearby; and

4

(ii) at which serves an appropriate

5

population of members of the Armed Forces

6

described in subsection (c);

7

(B) have a large employment or industry

8

base that supports a variety of occupational op-

9

portunities;

10

(C) have appropriate institutional infra-

11

structure for the provision of worker training;

12

and

13
14
15

(D) take place in a different geographic region of the United States.
(e) ELEMENTS.—At each location selected for the pilot

16 program there shall be the following:
17

(1) A mechanism to identify existing community

18

programs and resources for participation in the pilot

19

program, including programs and resources that are

20

currently working with programs and authorities of

21

the Department of Defense to assist members of the

22

Armed Forces described in subsection (c), and, espe-

23

cially, programs and resources that are recognized as

24

engaging in best practices in working with such pro-

25

grams and authorities of the Department.

† HR 2810 PAP

203
1

(2) A mechanism to assess the willingness of em-

2

ployers in the vicinity of such location to participate

3

in the pilot program and employ members of the

4

Armed Forces participating in the pilot program fol-

5

lowing their transition to civilian life.

6

(3) A mechanism to assess the willingness of the

7

State in which such location is located to recognize

8

military training for credit for professional and occu-

9

pational licenses.

10

(4) A civilian community coordinator for the

11

pilot program, who shall be responsible for implemen-

12

tation and execution of the pilot program for the De-

13

partment, and for coordinating existing community

14

programs and resources, at such location by—

15

(A) pursuing a multi-faceted outreach and

16

engagement strategy that leverages relationships

17

with appropriate public, private, and nonprofit

18

entities in the vicinity of such location for pur-

19

poses of the pilot program;

20

(B) developing and implementing a pro-

21

gram using existing resources, infrastructure,

22

and experience to maximize the benefits of the

23

pilot program for members of the Armed Forces

24

participating in the pilot program by mini-

25

mizing the time required for completion of train-

† HR 2810 PAP

204
1

ing provided to such members under the pilot

2

program, which program shall—

3

(i) compliment continuing Department

4

efforts to assist members of the Armed

5

Forces in their transition from active duty

6

in the Armed Forces to civilian life and to

7

coordinate with existing veteran employ-

8

ment programs for purposes of such efforts;

9

(ii) provide for the cultivation of a net-

10

work of partners among the entities de-

11

scribed in subparagraph (A) in order to

12

maximize the number of opportunities for

13

civilian employment for members of the

14

Armed Forces participating in the pilot

15

program following their transition to civil-

16

ian life;

17

(iii) provide for the use of comprehen-

18

sive assessments of the military experience

19

gained by members of the Armed Forces

20

participating in the pilot program in order

21

to assist them in obtaining civilian employ-

22

ment relating to their military occupations

23

following their transition to civilian life;

24

(iv) seek to secure for members of the

25

Armed Forces participating in the pilot

† HR 2810 PAP

205
1

program maximum credit for prior mili-

2

tary service in their pursuit of civilian em-

3

ployment following their transition to civil-

4

ian life;

5

(v) seek to eliminate unnecessary and

6

redundant elements of the training provided

7

for purposes of the pilot program to mem-

8

bers of the Armed Forces participating in

9

the pilot program;

10

(vi) seek to minimize the time required

11

for members of the Armed Forces partici-

12

pating in the pilot program in obtaining

13

skills, credentials, or certifications required

14

for civilian employment following their

15

transition to civilian life; and

16

(vii) provide for the continuous collec-

17

tion of data and feedback from employers in

18

the vicinity of such location in order to tai-

19

lor training provided to members of the

20

Armed Forces for purposes of the pilot pro-

21

gram to meet the needs of such employers.

22

(5) A plan of action for delivering additional

23

training and credentialing modules for members of

24

the Armed Forces described in subsection (c) in order

25

to seek to provide such members with skills that are

† HR 2810 PAP

206
1

in high demand in the vicinity and region of such lo-

2

cation.

3

(f) REPORTS.—

4

(1) INITIAL

REPORT.—Not

later than one year

5

after the date of the commencement of the pilot pro-

6

gram, the Secretary shall submit to the Committees

7

on Armed Services of the Senate and the House of

8

Representatives a report on the pilot program. The re-

9

port shall include, for each location selected for the

10

pilot program pursuant to subsection (d), the fol-

11

lowing:

12
13

(A) A full description of the pilot program,
including—

14

(i) the number of members of the

15

Armed Forces participating in the pilot

16

program;

17

(ii) the outreach to public, private, and

18

nonprofit entities conducted for purposes of

19

the pilot program to encourage such entities

20

to participate in the pilot program;

21

(iii) the entities participating in the

22

pilot program, set forth by employment sec-

23

tor;

24

(iv) the number of members partici-

25

pating in the pilot program who obtained

† HR 2810 PAP

207
1

employment with an entity participating in

2

the pilot program, set forth by employment

3

sector;

4

(v) a description of any additional

5

training provided to members participating

6

in the pilot program for purposes of the

7

pilot program, including the amount of

8

time required for such additional training;

9

and

10

(vi) a description of the cost of the

11

pilot program.

12

(B) A current assessment of the effect of the

13

pilot program on Department of Defense and

14

community efforts to assist members of the

15

Armed Forces described in subsection (c) in ob-

16

taining civilian employment following their

17

transition to civilian life.

18

(2) FINAL

REPORT.—Not

later than 90 days be-

19

fore the date on which the pilot program terminates,

20

the Secretary shall submit to the Committees on

21

Armed Services of the Senate and the House of Rep-

22

resentatives an update of the report submitted under

23

paragraph (1).

24

(g) CONSTRUCTION.—Nothing in this section may be

25 construed to authorize the Secretary to hire additional em-

† HR 2810 PAP

208
1 ployees for the Department of Defense to carry out the pilot
2 program.
3

(h) TERMINATION.—The authority of the Secretary to

4 carry out the pilot program shall terminate on the date that
5 is two years after the date on which the pilot program com6 mences.
7

SEC. 547. TWO-YEAR EXTENSION OF SUICIDE PREVENTION

8

AND RESILIENCE PROGRAM FOR THE NA-

9

TIONAL GUARD AND RESERVES.

10

Section 10219(g) of title 10, United States Code, is

11 amended by striking ‘‘October 1, 2018’’ and inserting ‘‘Oc12 tober 1, 2020’’.
13

SEC. 548. SEXUAL ASSAULT PREVENTION AND RESPONSE

14

TRAINING FOR ALL INDIVIDUALS ENLISTED

15

IN THE ARMED FORCES UNDER A DELAYED

16

ENTRY PROGRAM.

17

(a) TRAINING REQUIRED.—Commencing not later

18 than January 1, 2018, each Secretary concerned shall, inso19 far as practicable, provide training on sexual assault pre20 vention and response to each individual under the jurisdic21 tion of such Secretary who is enlisted in the Armed Forces
22 under a delayed entry program such that each such indi23 vidual completes such training before the date of commence24 ment of basic training or initial active duty for training
25 in the Armed Forces.

† HR 2810 PAP

209
1

(b) ELEMENTS.—

2

(1) IN

GENERAL.—The

training provided pursu-

3

ant to subsection (a) shall meet such requirements as

4

the Secretary of Defense shall establish for purposes of

5

this section. Such training shall, to the extent prac-

6

ticable, be uniform across the Armed Forces.

7

(2) SENSE

OF CONGRESS ON PROVISION AND NA-

8

TURE OF TRAINING.—It

9

the training should—

10
11

(A) be provided through in-person instruction, whenever possible; and

12
13
14
15
16

(B) include instruction on the proper use of
social media.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘delayed entry program’’ means
the following:

17
18

(A) The Future Soldiers Program of the
Army.

19
20

(B) The Delayed Entry Program of the
Navy and the Marine Corps.

21
22

is the sense of Congress that

(C) The program of the Air Force for the
delayed entry of enlistees into the Air Force.

23

(D) The program of the Coast Guard for the

24

delayed entry of enlistees into the Coast Guard.

† HR 2810 PAP

210
1

(E) Any successor program to a program

2

referred to in subparagraphs (A) through (D).

3

(2) The term ‘‘Secretary concerned’’ has the

4

meaning given that term in section 101(a)(9) of title

5

10, United States Code.

6

SEC. 549. USE OF ASSISTANCE UNDER DEPARTMENT OF DE-

7

FENSE TUITION ASSISTANCE PROGRAM FOR

8

NON-TRADITIONAL EDUCATION TO DEVELOP

9

CYBERSECURITY

10
11

AND

COMPUTER

CODING

SKILLS.

(a) BRIEFING

ON

USE REQUIRED.—Not later than 60

12 days after the date of the enactment of this Act, the Sec13 retary of Defense shall provide the Committees on Armed
14 Services of the Senate and the House of Representatives a
15 briefing on the feasability and advisability of the enactment
16 into law of the authority described in subsection (b).
17

(b) AUTHORITY.—The authority described in this sub-

18 section is authority for a member of the Armed Forces who
19 is eligible for tuition assistance under the Department of
20 Defense Tuition Assistance (TA) Program to use such as21 sistance at or with an educational institution described in
22 subsection (c) for courses or programs of education of such
23 educational institution in connection with the following:
24

(1) Cybersecurity skills or related skills.

25

(2) Computer coding skills or related skills.

† HR 2810 PAP

211
1
2

(c) EDUCATIONAL INSTITUTIONS.—
(1) IN

GENERAL.—An

educational institution de-

3

scribed in this subsection is an educational institu-

4

tion not otherwise approved for participation in the

5

Department of Defense Tuition Assistance Program

6

that receives approval from the Department of De-

7

fense for participation in the program for courses or

8

programs of education described in subsection (b).

9

(2) APPROVAL.—Any approval of the participa-

10

tion of an educational institution in the Program

11

under this subsection would be granted by the Under

12

Secretary of Defense for Personnel and Readiness in

13

accordance with such guidance as the Under Sec-

14

retary would issue for purposes of this section.

15

(3)

MEMORANDA

OF

UNDERSTANDING.—The

16

Under Secretary would enter into a memorandum of

17

understanding with each educational institution ap-

18

proved for participation in the Program pursuant to

19

this subsection regarding the participation of such

20

educational institution in the Program. Each memo-

21

randum of understanding would set forth such terms

22

and conditions regarding the participation of the edu-

23

cational institution concerned in the Program, in-

24

cluding terms and conditions applicable to the courses

25

or programs for which tuition assistance under the

† HR 2810 PAP

212
1

Program could be used, as the Under Secretary would

2

consider appropriate for purposes of this section.

3

(d) COURSES

AND

PROGRAMS.—The courses and pro-

4 grams of education for which tuition assistance could be
5 used pursuant to the authority in subsection (b) would in6 clude the following:
7

(1) Massive online open courses (MOOCs).

8

(2) Short-term certification courses, including

9

so-called computer coding ‘‘boot camps’’.

10

(3) Such other non-traditional courses and pro-

11

grams of education leading to skills specified in sub-

12

section (b) as the Under Secretary would consider ap-

13

propriate for purposes of this section.

14

SEC. 550. SENSE OF SENATE ON INCREASING ENROLLMENT

15

IN SENIOR RESERVE OFFICERS’ TRAINING

16

CORPS PROGRAMS AT MINORITY-SERVING IN-

17

STITUTIONS.

18

(a) SENSE

OF

SENATE.—It is the sense of the Senate

19 that the Armed Forces should take appropriate actions to
20 increase enrollment in Senior Reserve Officers’ Training
21 Corps (SROTC) programs at minority-serving institutions.
22

(b) MINORITY-SERVING INSTITUTION DEFINED.—In

23 this section, the term ‘‘minority-serving institution’’ means
24 an institution of higher education described in section

† HR 2810 PAP

213
1 371(a) of the Higher Education Act of 1965 (20 U.S.C.
2 1067q(a)).

5

Subtitle F—Defense Dependents’
Education and Military Family
Readiness Matters

6

PART I—DEFENSE DEPENDENTS’ EDUCATION

7

MATTERS

8

SEC. 551. IMPACT AID FOR CHILDREN WITH SEVERE DIS-

3
4

9
10

ABILITIES.

(a) IN GENERAL.—Of the amount authorized to be ap-

11 propriated for fiscal year 2018 pursuant to section 301 and
12 available for operation and maintenance for Defense-wide
13 activities as specified in the funding table in section 4301,
14 $10,000,000 shall be available for payments under section
15 363 of the Floyd D. Spence National Defense Authorization
16 Act for Fiscal Year 2001 (as enacted into law by Public
17 Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).
18

(b) USE

OF

CERTAIN AMOUNT.—Of the amount avail-

19 able under subsection (a) for payments as described in that
20 subsection, $5,000,000 shall be available for such payments
21 to local educational agencies determined by the Secretary
22 of Defense, in the discretion of the Secretary, to have higher
23 concentrations of military children with severe disabilities.

† HR 2810 PAP

214
1

SEC. 552. CONTINUATION OF AUTHORITY TO ASSIST LOCAL

2

EDUCATIONAL AGENCIES THAT BENEFIT DE-

3

PENDENTS OF MEMBERS OF THE ARMED

4

FORCES AND DEPARTMENT OF DEFENSE CI-

5

VILIAN EMPLOYEES.

6

(a) ASSISTANCE

7 NUMBERS

OF

TO

SCHOOLS WITH SIGNIFICANT

MILITARY DEPENDENT STUDENTS.—Of the

8 amount authorized to be appropriated for fiscal year 2018
9 by section 301 and available for operation and maintenance
10 for Defense-wide activities as specified in the funding table
11 in section 4301, $25,000,000 shall be available only for the
12 purpose of providing assistance to local educational agen13 cies under subsection (a) of section 572 of the National De14 fense Authorization Act for Fiscal Year 2006 (Public Law
15 109–163; 20 U.S.C. 7703b).
16

(b) LOCAL EDUCATIONAL AGENCY DEFINED.—In this

17 section, the term ‘‘local educational agency’’ has the mean18 ing given that term in section 7013(9) of the Elementary
19 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
20

SEC. 553. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-

21

ING TO THE TRANSITION AND SUPPORT OF

22

MILITARY DEPENDENT STUDENTS TO LOCAL

23

EDUCATIONAL AGENCIES.

24

Section 574(c)(3) of the John Warner National Defense

25 Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b

† HR 2810 PAP

215
1 note) is amended by striking ‘‘September 30, 2017’’ and in2 serting ‘‘September 30, 2018’’.
3 PART II—MILITARY FAMILY READINESS MATTERS
4

SEC. 556. HOUSING TREATMENT FOR CERTAIN MEMBERS

5

OF THE ARMED FORCES, AND THEIR SPOUSES

6

AND OTHER DEPENDENTS, UNDERGOING A

7

PERMANENT CHANGE OF STATION WITHIN

8

THE UNITED STATES.

9
10

(a) HOUSING TREATMENT.—
(1) IN

GENERAL.—Chapter

7 of title 37, United

11

States Code, is amended by inserting after section 403

12

the following new section:

13 ‘‘§ 403a. Housing treatment for certain members of the
14

armed forces, and their spouses and other

15

dependents,

16

change of station within the United States

17

undergoing

‘‘(a) HOUSING TREATMENT

FOR

a

permanent

CERTAIN MEMBERS

18 WHO HAVE A SPOUSE OR OTHER DEPENDENTS.—
19

‘‘(1) HOUSING

TREATMENT REGULATIONS.—The

20

Secretary of Defense shall prescribe regulations that

21

permit a member of the armed forces described in

22

paragraph (2) who is undergoing a permanent change

23

of station within the United States to request the

24

housing treatment described in subsection (b) during

25

the covered relocation period of the member.

† HR 2810 PAP

216
1
2

‘‘(2) ELIGIBLE

MEMBERS.—A

member described

in this paragraph is any member who—

3

‘‘(A) has a spouse who is gainfully em-

4

ployed or enrolled in a degree, certificate or li-

5

cense granting program at the beginning of the

6

covered relocation period;

7

‘‘(B) has one or more dependents attending

8

an elementary or secondary school at the begin-

9

ning of the covered relocation period;

10
11

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

12

‘‘(D) is caring for an immediate family

13

member with a chronic or long-term illness at

14

the beginning of the covered relocation period.

15

‘‘(b) HOUSING TREATMENT.—

16

‘‘(1) CONTINUATION

OF

HOUSING

FOR

THE

17

SPOUSE AND OTHER DEPENDENTS.—If

18

other dependent of a member whose request under sub-

19

section (a) is approved resides in Government-owned

20

or Government-leased housing at the beginning of the

21

covered relocation period, the spouse or other depend-

22

ent may continue to reside in such housing during a

23

period determined in accordance with the regulations

24

prescribed pursuant to this section.

† HR 2810 PAP

a spouse or

217
1

‘‘(2) EARLY

HOUSING ELIGIBILITY.—If

a spouse

2

or other dependent of a member whose request under

3

subsection (a) is approved is eligible to reside in Gov-

4

ernment-owned or Government-leased housing fol-

5

lowing the member’s permanent change of station

6

within the United States, the spouse or other depend-

7

ent may commence residing in such housing at any

8

time during the covered relocation period.

9

‘‘(3) TEMPORARY

USE OF GOVERNMENT-OWNED

10

OR GOVERNMENT-LEASED HOUSING INTENDED FOR

11

MEMBERS WITHOUT A SPOUSE OR DEPENDENT.—If

12

spouse or other dependent of a member relocates at a

13

time different from the member in accordance with a

14

request approved under subsection (a), the member

15

may be assigned to Government-owned or Govern-

16

ment-leased housing intended for the permanent hous-

17

ing of members without a spouse or dependent until

18

the member’s detachment date or the spouse or other

19

dependent’s arrival date, but only if such Govern-

20

ment-owned or Government-leased housing is avail-

21

able without displacing a member without a spouse or

22

dependent at such housing.

23

‘‘(4) EQUITABLE

a

BASIC ALLOWANCE FOR HOUS-

24

ING.—If

25

locates at a time different from the member in accord-

† HR 2810 PAP

a spouse or other dependent of a member re-

218
1

ance with a request approved under subsection (a),

2

the amount of basic allowance for housing payable

3

may be based on whichever of the following areas the

4

Secretary concerned determines to be the most equi-

5

table:

6
7

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

8

‘‘(B) The area in which the spouse or other

9

dependent resides, but only if the spouse or other

10

dependent resides in that area when the member

11

departs for the duty station to which the member

12

is reassigned, and only for the period during

13

which the spouse or other dependent resides in

14

that area.

15

‘‘(C) The area of the former duty station of

16

the member, but only if that area is different

17

from the area in which the spouse or other de-

18

pendent resides.

19

‘‘(c) RULE

OF

20 BASIC ALLOWANCE

CONSTRUCTION RELATED
FOR

TO

CERTAIN

HOUSING PAYMENTS.—Nothing in

21 this section shall be construed to limit the payment or the
22 amount of basic allowance for housing payable under sec23 tion 403(d)(3)(A) of this title to a member whose request
24 under subsection (a) is approved.

† HR 2810 PAP

219
1

‘‘(d) INAPPLICABILITY

TO

COAST GUARD.—This sec-

2 tion does not apply to members of the Coast Guard.
3

‘‘(e) HOUSING TREATMENT EDUCATION.—The regula-

4 tions prescribed pursuant to this section shall ensure the
5 relocation assistance programs under section 1056 of title
6 10 include, as part of the assistance normally provided
7 under such section, education about the housing treatment
8 available under this section.
9
10

‘‘(f) DEFINITIONS.—In this section:
‘‘(1) COVERED

RELOCATION PERIOD.—(A)

Sub-

11

ject to subparagraph (B), the term ‘covered relocation

12

period’, when used with respect to a permanent

13

change of station of a member of the armed forces,

14

means the period that—

15
16

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

17

‘‘(ii) ends 180 days after the date of the per-

18

manent change of station.

19

‘‘(B) The regulations prescribed pursuant to this

20

section may provide for a shortening or lengthening

21

of the covered relocation period of a member for pur-

22

poses of this section.

23

‘‘(2) DEPENDENT.—The term ‘dependent’ has the

24

meaning given that term in section 401 of this title.

† HR 2810 PAP

220
1

‘‘(3) PERMANENT

CHANGE OF STATION.—The

2

term ‘permanent change of station’ means a perma-

3

nent change of station described in section 452(b)(2)

4

of this title.’’.

5

(2) CLERICAL

AMENDMENT.—The

table of sec-

6

tions at the beginning of chapter 7 such title is

7

amended by inserting after the item relating to sec-

8

tion 403 the following new item:
‘‘403a. Housing treatment for certain members of the armed forces, and their
spouses and other dependents, undergoing a permanent change
of station within the United States.’’.

9

(b) EFFECTIVE DATE.—The amendments made by this

10 section shall take effect on October 1, 2018.
11

SEC. 557. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF

12

DEFENSE FOR CHILDCARE SERVICES PRO-

13

VIDERS FOR DEPARTMENT CHILD DEVELOP-

14

MENT CENTERS.

15

(a) IN GENERAL.—The Secretary of Defense may,

16 without regard to the provisions of subchapter I of chapter
17 33 of title 5, United States Code, recruit and appoint quali18 fied childcare services providers to positions within the De19 partment of Defense child development centers.
20

(b) REGULATIONS.—The Secretary shall carry out this

21 section in accordance with regulations prescribed by the
22 Secretary for purposes of this section.
23

(c) DEADLINE

FOR IMPLEMENTATION.—The

Secretary

24 shall prescribe the regulations required by subsection (b),
† HR 2810 PAP

221
1 and commence implementation of subsection (a), by not
2 later than May 1, 2018.
3

(d) CHILDCARE SERVICES PROVIDER DEFINED.—In

4 this section, the term ‘‘childcare services provider’’ means
5 a person who provides childcare services for dependent chil6 dren of members of the Armed Forces and civilian employ7 ees of the Department of Defense in child development cen8 ters on Department installations.
9

SEC. 558. REPORT ON EXPANDING AND CONTRACTING FOR

10

CHILDCARE SERVICES OF THE DEPARTMENT

11

OF DEFENSE.

12

Not later than March 1, 2018, the Secretary of Defense

13 shall submit to the Committees on Armed Services of the
14 Senate and the House of Representatives a report setting
15 forth an assessment, undertaken by the Secretary for pur16 poses of the report, of the feasibility and advisability of the
17 following:
18

(1) Expanding the operating hours of childcare

19

facilities of the Department of Defense in order to

20

meet childcare services requirements for swing-shift,

21

night-shift, and weekend workers.

22

(2) Using contracts with private-sector childcare

23

services providers to expand the availability of

24

childcare services for members of the Armed Forces at

25

locations outside military installations at costs simi-

† HR 2810 PAP

222
1

lar to the current costs for childcare services through

2

child development centers on military installations.

3

(3) Contracting with private-sector childcare

4

services providers to operate childcare facilities of the

5

Department on military installations.

6

(4) Expanding childcare services as described in

7

paragraphs (1) through (3) to members of the Na-

8

tional Guard and Reserves in a manner that does not

9

substantially raise costs of childcare services for the

10

military departments or conflict with others who have

11

a higher priority for space in childcare services pro-

12

grams, such as members of the Armed Forces on ac-

13

tive duty.

14

SEC. 559. REPORT ON REVIEW OF GENERAL SCHEDULE PAY

15

GRADES

16

VIDERS OF THE DEPARTMENT OF DEFENSE.

17

OF

CHILDCARE

SERVICES

PRO-

(a) REPORT REQUIRED.—Not later than March 1,

18 2018, the Secretary of Defense shall submit to the Commit19 tees on Armed Services of the Senate and the House of Rep20 resentatives a report on a review, undertaken by the Sec21 retary for purposes of the report, of the General Schedule
22 pay grades for childcare services provider positions within
23 the Department of Defense.
24

(b) ELEMENTS

OF

REVIEW.—The review undertaken

25 for purposes of subsection (a) shall include the following:

† HR 2810 PAP

223
1

(1) A comparison of the compensation provided

2

for current General Schedule pay grades for childcare

3

services provider positions within the Department

4

with the compensation provided to childcare services

5

providers in the private sector providing similar

6

childcare services.

7

(2) An assessment of the mix of General Schedule

8

pay grades currently required by the Department to

9

most effectively recruit and retain childcare services

10

providers for military dependents.

11

(3) A comparison of the budget implications of

12

the current General Schedule pay grade mix with the

13

General Schedule pay grade mix determined pursuant

14

to paragraph (2) to be required by the Department to

15

most effectively recruit and retain childcare services

16

providers for military dependents.

17

SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNER-

18

SHIPS FOR TELEWORK FACILITIES ON MILI-

19

TARY INSTALLATIONS OUTSIDE THE UNITED

20

STATES.

21

(a) IN GENERAL.—Commencing not later than one

22 year after the date of the enactment of this Act, the Sec23 retary of Defense shall carry out a pilot program to assess
24 the feasability and advisability of providing telework facili25 ties for military spouses on military installations outside

† HR 2810 PAP

224
1 the United States. The Secretary shall consult with the host
2 nation or nations concerned in carrying out the pilot pro3 gram.
4

(b) NUMBER

OF INSTALLATIONS.—The

Secretary shall

5 carry out the pilot program at not less than two military
6 installations outside the United States selected by the Sec7 retary for purposes of the pilot program.
8

(c) DURATION.—The duration of the pilot program

9 shall be a period selected by the Secretary, but not more
10 than three years.
11

(d) ELEMENTS.—The pilot program shall include the

12 following elements:
13

(1) The pilot program shall be conducted as one

14

or more public-private partnerships between the De-

15

partment of Defense and a private corporation or

16

partnership of private corporations.

17

(2) The corporation or corporations partici-

18

pating in the pilot program shall contribute to the

19

carrying out of the pilot program an amount equal

20

to the amount committed by the Secretary to the pilot

21

program at the time of its commencement.

22

(3) The Secretary shall enter into one or more

23

memoranda of understanding with the corporation or

24

corporations participating in the pilot program for

25

purposes of the pilot program, including the amounts

† HR 2810 PAP

225
1

to be contributed by such corporation or corporations

2

pursuant to paragraph (2).

3

(4) The telework undertaken by military spouses

4

under the pilot program may only be for United

5

States companies.

6

(5) The pilot program shall permit military

7

spouses to provide administrative, informational tech-

8

nology, professional, and other necessary support to

9

companies through telework from Department instal-

10

lations outside the United States.

11

(e) FUNDING.—Of the amount authorized to be appro-

12 priated for fiscal year 2018 by section 401 and available
13 for military personnel as specified in the funding table in
14 section 4401, up to $1,000,000 may be available to carry
15 out the pilot program, including entry into memoranda of
16 understanding pursuant to subsection (d)(3) and payment
17 by the Secretary of the amount committed by the Secretary
18 to the pilot program pursuant to subsection (d)(2).
19

SEC. 561. REPORT ON MECHANISMS TO FACILITATE THE

20

OBTAINING BY MILITARY SPOUSES OF PRO-

21

FESSIONAL LICENSES OR CREDENTIALS IN

22

OTHER STATES.

23

Not later than March 1, 2018, the Secretary of Defense

24 shall submit to the Committees on Armed Services of the
25 Senate and the House of Representatives a report setting

† HR 2810 PAP

226
1 forth an assessment of the feasability and advisability of
2 the following:
3

(1) The development and maintenance of a joint

4

Federal-State clearing house to process the profes-

5

sional license and credential information of military

6

spouses in order—

7

(A) to facilitate the matching of such infor-

8

mation with State professional licensure and

9

credentialing requirements; and

10

(B) to provide military spouses information

11

on the actions required to obtain professional li-

12

censes or credentials in other States.

13

(2) The establishment of a joint Federal-State

14

taskforce dedicated to the elimination of unnecessary

15

or duplicative professional licensure and credentialing

16

requirements among the States.

17

(3) The development and maintenance of an

18

Internet website that serves as a one-stop resource on

19

professional licenses and credentials for military

20

spouses that sets forth license and credential require-

21

ments for common professions in the States and pro-

22

vides assistance and other resources for military

23

spouses seeking to obtain professional licenses or cre-

24

dentials in other States.

† HR 2810 PAP

227
1
2
3
4

SEC. 562. ADDITIONAL MILITARY CHILDCARE MATTERS.

(a) HOURS
MENT

OF

OPERATION

OF

CHILDCARE DEVELOP-

CENTERS OF THE DEPARTMENT OF DEFENSE.—
(1) IN

GENERAL.—The

hours of operation of each

5

childcare development center (CDC) of the Depart-

6

ment of Defense shall, to the extent practicable, be set

7

and maintained in manner that takes into account

8

the demands and circumstances of members of the

9

Armed Forces, including members of the reserve com-

10

ponents, who use such center in facilitation of the

11

performance of their military duties.

12

(2) MATTERS

TO BE TAKEN INTO ACCOUNT.—The

13

demands and circumstances to be taken into account

14

under paragraph (1) for purposes of setting and

15

maintaining the hours of operation of a childcare de-

16

velopment center shall include the following:

17
18

(A) Mission requirements of units whose
members use such center.

19

(B) The unpredictability of work schedules,

20

and fluctuations in day-to-day work hours, of

21

such members.

22

(C) The potential for frequent and pro-

23

longed absences of such members for training, op-

24

erations, and deployments.

25

(D) The location of such center on the mili-

26

tary installation concerned, including the loca† HR 2810 PAP

228
1

tion in connection with duty locations of mem-

2

bers and applicable military family housing.

3
4

(E) The geographic separation of such members from their extended family.

5

(F) The impact on the ability of such mem-

6

bers to perform their military duties of employ-

7

ment of their spouses or educational pursuits of

8

their spouses.

9

(G) Such other matters as the Secretary of

10

the military department concerned considers ap-

11

propriate for purposes of this subsection.

12
13
14

(b) CHILDCARE COORDINATORS

FOR

MILITARY IN-

STALLATIONS.—

(1)

CHILDCARE

COORDINATORS.—Each

Sec-

15

retary of a military department shall provide for a

16

childcare coordinator at each military installation

17

under the jurisdiction of such Secretary at which are

18

stationed significant numbers of members of the

19

Armed Forces with accompanying dependent children,

20

as determined by such Secretary.

21

(2) NATURE

OF POSITION.—The

childcare coordi-

22

nator for a military installation may be an indi-

23

vidual appointed to that position on full-time or

24

part-time basis or an individual appointed to another

25

position whose duties in such other position are con-

† HR 2810 PAP

229
1

sistent with the discharge by the person of the duties

2

of childcare coordinator.

3
4

(3) DUTIES.—Each childcare coordinator for an
installation shall carry out the duties as follows:

5

(A) Act as an advocate for military families

6

at the installation on childcare matters both on-

7

installation and off-installation.

8

(B) Work with the commander of the instal-

9

lation in order to seek to ensure that the

10

childcare development centers at the installation,

11

together with any other available childcare op-

12

tions on or in the vicinity of the installation—

13

(i) provide a quality of care (including

14

a caregiver-to-child ratio) commensurate

15

with best practices of private providers of

16

childcare services; and

17

(ii) are responsive to the childcare

18

needs of members stationed at the installa-

19

tion and their families.

20

(C)

Work

with

private

providers

of

21

childcare services in the vicinity of the installa-

22

tion in order to—

23

(i) track vacancies in the childcare fa-

24

cilities of such providers;

† HR 2810 PAP

230
1

(ii) seek to increase the availability of

2

affordable childcare services for such mem-

3

bers; and

4

(iii) otherwise ease the use of such serv-

5

ices by such members.

6

(D) Such other duties as the Secretary of

7

the military department concerned shall specify.

8

SEC. 563. MECHANISMS TO FACILITATE THE OBTAINING BY

9

MILITARY SPOUSES OF OCCUPATIONAL LI-

10

CENSES OR CREDENTIALS IN OTHER STATES.

11

Not later than March 1, 2018, the Secretary of Defense

12 shall—
13

(1) develop and maintain a joint Federal-State

14

clearing house to process the occupational license and

15

credential information of military spouses in order—

16

(A) to facilitate the matching of such infor-

17

mation with State occupational licensure and

18

credentialing requirements; and

19

(B) to provide military spouses information

20

on the actions required to obtain occupational li-

21

censes or credentials in other States;

22

(2) develop and maintain an Internet website

23

that serves as a one-stop resource on occupational li-

24

censes and credentials for military spouses that sets

25

forth license and credential requirements for common

† HR 2810 PAP

231
1

occupations in the States and provides assistance and

2

other resources for military spouses seeking to obtain

3

occupational licenses or credentials in other States;

4

and

5

(3) submit to the Committees on Armed Services

6

of the Senate and the House of Representatives a re-

7

port setting forth an assessment of the feasibility and

8

advisability of the establishment of a joint Federal-

9

State task force dedicated to the elimination of unnec-

10

essary or duplicative occupational licensure and

11

credentialing requirements among the States, includ-

12

ing through the use of alternative, less restrictive and

13

burdensome forms of occupational regulation.

15

Subtitle G—Decorations and
Awards

16

SEC. 571. AUTHORITY OF SECRETARY OF THE ARMY TO

14

17

AWARD

18

EQUIPMENT

19

FORMER MEMBERS OF THE ARMY.

20

THE

PERSONNEL
AWARD

OF

PROTECTION

THE

ARMY

TO

Notwithstanding any requirement in section 1125 of

21 title 10, United States Code, relating to the award of
22 awards only to current members of the Armed Forces, the
23 Secretary of the Army may award the Personnel Protection
24 Equipment (PPE) award of the Army to former members
25 of the Army.

† HR 2810 PAP

232
1

SEC. 572. AUTHORIZATION FOR AWARD OF DISTINGUISHED

2

SERVICE CROSS TO SPECIALIST FRANK M.

3

CRARY FOR ACTS OF VALOR IN VIETNAM.

4

(a) AUTHORIZATION.—Notwithstanding the time limi-

5 tations specified in section 3744 of title 10, United States
6 Code, or any other time limitation with respect to the
7 awarding of certain medals to persons who served in the
8 Armed Forces, the President may award the Distinguished
9 Service Cross under section 3742 of such title to Specialist
10 Frank M. Crary for the acts of valor in Vietnam described
11 in subsection (b).
12

(b) ACTS

OF

VALOR DESCRIBED.—The acts of valor

13 referred to in subsection (a) are the actions of Frank M.
14 Crary on April 7, 1966, as a member of the Army serving
15 in the grade of Specialist in Vietnam while serving with
16 Company D, 1st Battalion (Airborne), 12th Cavalry Regi17 ment, 1st Cavalry Division.
18

Subtitle H—Other Matters

19

SEC. 581. MODIFICATION OF SUBMITTAL DATE OF COMP-

20

TROLLER GENERAL OF THE UNITED STATES

21

REPORT ON INTEGRITY OF THE DEPARTMENT

22

OF DEFENSE WHISTLEBLOWER PROGRAM.

23

Section 536(a) of the National Defense Authorization

24 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
25 2124) is amended by striking ‘‘18 months after the date

† HR 2810 PAP

233
1 of the enactment of this Act’’ and inserting ‘‘December 31,
2 2018’’.
3

SEC. 582. REPORT TO CONGRESS ON ACCOMPANIED AND

4

UNACCOMPANIED TOURS OF DUTY IN RE-

5

MOTE LOCATIONS WITH HIGH FAMILY SUP-

6

PORT COSTS.

7

Not later than one year after the date of the enactment

8 of this Act, the Secretary of Defense shall submit to the con9 gressional defense committees a report setting forth a com10 parative analysis, undertaken by the Secretary for purposes
11 of the report, of accompanied tours of duty and unaccom12 panied tours of duty of members of the Armed Forces in
13 remote locations with high family support costs (including
14 facility construction and operation costs), including the fol15 lowing:
16
17

(1) United States Naval Station, Guantanamo
Bay, Cuba.

18

(2) Kwajalein Atoll.

19

(3) Al Udeid Air Base, Qatar.

20

SEC. 583. AUTHORIZATION OF SUPPORT FOR BEYOND YEL-

21
22

LOW RIBBON PROGRAMS.

Section 582 of the National Defense Authorization Act

23 for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C.
24 10101 note) is amended—

† HR 2810 PAP

234
1
2
3

(1) by redesignating subsections (k) and (l) as
subsections (l) and (m), respectively; and
(2) by inserting after subsection (j) the following

4

new subsection (k):

5

‘‘(k) SUPPORT

6

GRAMS.—The

FOR

BEYOND YELLOW RIBBON PRO-

Secretary of Defense may award grants to

7 States to carry out programs that provide deployment cycle
8 information, services, and referrals to members of reserve
9 components of the Armed Forces, members of active compo10 nents of the Armed Forces, and the families of such members
11 throughout the deployment cycle. Such programs may in12 clude the provision of access to outreach services, including
13 the following:
14

‘‘(1) Employment counseling.

15

‘‘(2) Behavioral health counseling.

16

‘‘(3) Suicide prevention.

17

‘‘(4) Housing advocacy.

18

‘‘(5) Financial counseling.

19

‘‘(6) Referrals to for the receipt of other serv-

20

ices.’’.

† HR 2810 PAP

235

3

TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances

4

SEC. 601. FISCAL YEAR 2018 INCREASE IN MILITARY BASIC

1
2

5
6

PAY.

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-

7 justment to become effective during fiscal year 2018 re8 quired by section 1009 of title 37, United States Code, in
9 the rates of monthly basic pay authorized members of the
10 uniformed services shall not be made.
11

(b) INCREASE

IN

BASIC PAY.—Effective on January

12 1, 2018, the rates of monthly basic pay for members of the
13 uniformed services are increased by 2.1 percent.
14

SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEM-

15

PORARY INCREASE IN RATES OF BASIC AL-

16

LOWANCE FOR HOUSING UNDER CERTAIN

17

CIRCUMSTANCES.

18

Section 403(b)(7)(E) of title 37, United States Code,

19 is amended by striking ‘‘December 31, 2017’’ and inserting
20 ‘‘December 31, 2018’’.

† HR 2810 PAP

236
1

SEC. 603. ADJUSTMENT TO BASIC ALLOWANCE FOR HOUS-

2

ING AT WITH DEPENDENTS RATE OF CERTAIN

3

MEMBERS OF THE UNIFORMED SERVICES.

4

(a) IN GENERAL.—Section 403 of title 37, United

5 States Code, is amended by adding at the end the following
6 new subsection:
7

‘‘(p) INELIGIBILITY

FOR

WITH DEPENDENTS RATE

OF

8 CERTAIN MEMBERS.—A member who is married to another
9 member, is assigned to the same geographic location as such
10 other member, and has one or more dependent children with
11 such other member is not eligible for a basic allowance for
12 housing at the with dependents rate.’’.
13
14

(b) EFFECTIVE DATE.—
(1) IN

GENERAL.—The

amendment made by sub-

15

section (a) shall take effect on October 1, 2017, and

16

shall, except as provided in paragraph (2), apply

17

with respect to allowances for basic housing payable

18

for months beginning on or after that date.

19

(2) PRESERVATION

OF CURRENT BAH FOR MEM-

20

BERS WITH UNINTERRUPTED ELIGIBILITY FOR BAH.—

21

Notwithstanding the amendment made by subsection

22

(a), the monthly amount of basic allowance for hous-

23

ing payable to a member of the uniformed services

24

under section 403 of title 37, United States Code, as

25

of September 30, 2017, shall not be reduced by reason

26

of the amendment so long as the member retains un† HR 2810 PAP

237
1

interrupted eligibility for such basic allowance for

2

housing within an area of the United States or with-

3

in an overseas location (as applicable).

4

SEC. 604. MODIFICATION OF AUTHORITY OF PRESIDENT TO

5

DETERMINE ALTERNATIVE PAY ADJUSTMENT

6

IN ANNUAL BASIC PAY OF MEMBERS OF THE

7

UNIFORMED SERVICES.

8

(a) MODIFICATION.—Section 1009(e) of title 37,

9 United States Code, is amended—
10
11

(1) in paragraph (1), by striking ‘‘or serious economic conditions affecting the general welfare’’;

12

(2) by striking paragraph (2); and

13

(3) by redesignating paragraph (3) as para-

14

graph (2).

15

(b) EFFECTIVE DATE.—The amendments made by sub-

16 section (a) shall take effect on the date of the enactment
17 of this Act, and—
18

(1) if the date of the enactment of this Act occurs

19

before September 1 of a year, shall apply with respect

20

to plans for alternative pay adjustments for any year

21

beginning after such year; and

22

(2) if the date of the enactment of this Act occurs

23

after August 31 of a year, shall apply with respect to

24

plans for alternative pay adjustments for any year

25

beginning after the year following such year.

† HR 2810 PAP

238

2

Subtitle B—Bonuses and Special
and Incentive Pays

3

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

4

SPECIAL PAY AUTHORITIES FOR RESERVE

5

FORCES.

1

6

The following sections of title 37, United States Code,

7 are amended by striking ‘‘December 31, 2017’’ and insert8 ing ‘‘December 31, 2018’’:
9
10
11
12

(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.

13

(3) Section 308d(c), relating to special pay for

14

enlisted members assigned to certain high-priority

15

units.

16
17

(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.

18

(5) Section 308h(e), relating to Ready Reserve

19

enlistment and reenlistment bonus for persons with

20

prior service.

21

(6) Section 308i(f), relating to Selected Reserve

22

enlistment and reenlistment bonus for persons with

23

prior service.

† HR 2810 PAP

239
1

(7) Section 478a(e), relating to reimbursement of

2

travel expenses for inactive-duty training outside of

3

normal commuting distance.

4

(8) Section 910(g), relating to income replace-

5

ment payments for reserve component members expe-

6

riencing extended and frequent mobilization for active

7

duty service.

8

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

9

SPECIAL

10
11

PAY

AUTHORITIES

FOR

HEALTH

CARE PROFESSIONALS.

(a) TITLE 10 AUTHORITIES.—The following sections

12 of title 10, United States Code, are amended by striking
13 ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2018’’:
14
15

(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.

16

(2) Section 16302(d), relating to repayment of

17

education loans for certain health professionals who

18

serve in the Selected Reserve.

19

(b) TITLE 37 AUTHORITIES.—The following sections of

20 title 37, United States Code, are amended by striking ‘‘De21 cember 31, 2017’’ and inserting ‘‘December 31, 2018’’:
22
23
24
25

(1) Section 302c–1(f), relating to accession and
retention bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession
bonus for registered nurses.

† HR 2810 PAP

240
1
2

(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

3

(4) Section 302g(e), relating to special pay for

4

Selected Reserve health professionals in critically

5

short wartime specialties.

6
7
8
9

(5) Section 302h(a)(1), relating to accession
bonus for dental officers.
(6) Section 302j(a), relating to accession bonus
for pharmacy officers.

10

(7) Section 302k(f), relating to accession bonus

11

for medical officers in critically short wartime spe-

12

cialties.

13

(8) Section 302l(g), relating to accession bonus

14

for dental specialist officers in critically short war-

15

time specialties.

16

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND

17

BONUS AUTHORITIES FOR NUCLEAR OFFI-

18

CERS.

19

The following sections of title 37, United States Code,

20 are amended by striking ‘‘December 31, 2017’’ and insert21 ing ‘‘December 31, 2018’’:
22

(1) Section 312(f), relating to special pay for

23

nuclear-qualified officers extending period of active

24

service.

† HR 2810 PAP

241
1
2
3
4

(2) Section 312b(c), relating to nuclear career
accession bonus.
(3) Section 312c(d), relating to nuclear career
annual incentive bonus.

5

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-

6

ING TO TITLE 37 CONSOLIDATED SPECIAL

7

PAY, INCENTIVE PAY, AND BONUS AUTHORI-

8

TIES.

9

The following sections of title 37, United States Code,

10 are amended by striking ‘‘December 31, 2017’’ and insert11 ing ‘‘December 31, 2018’’:
12
13
14
15
16
17
18
19

(1) Section 331(h), relating to general bonus authority for enlisted members.
(2) Section 332(g), relating to general bonus authority for officers.
(3) Section 333(i), relating to special bonus and
incentive pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation
incentive pay and bonus authorities for officers.

20

(5) Section 335(k), relating to special bonus and

21

incentive pay authorities for officers in health profes-

22

sions.

23

(6) Section 336(g), relating to contracting bonus

24

for cadets and midshipmen enrolled in the Senior Re-

25

serve Officers’ Training Corps.

† HR 2810 PAP

242
1
2
3
4
5
6

(7) Section 351(h), relating to hazardous duty
pay.
(8) Section 352(g), relating to assignment pay or
special duty pay.
(9) Section 353(i), relating to skill incentive pay
or proficiency bonus.

7

(10) Section 355(h), relating to retention incen-

8

tives for members qualified in critical military skills

9

or assigned to high priority units.

10

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-

11

ING TO PAYMENT OF OTHER TITLE 37 BO-

12

NUSES AND SPECIAL PAYS.

13

The following sections of title 37, United States Code,

14 are amended by striking ‘‘December 31, 2017’’ and insert15 ing ‘‘December 31, 2018’’:
16
17
18
19
20
21

(1) Section 301b(a), relating to aviation officer
retention bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment
bonus for active members.

22

(4) Section 309(e), relating to enlistment bonus.

23

(5) Section 316a(g), relating to incentive pay for

24

members of precommissioning programs pursuing for-

25

eign language proficiency.

† HR 2810 PAP

243
1
2

(6) Section 324(g), relating to accession bonus
for new officers in critical skills.

3

(7) Section 326(g), relating to incentive bonus

4

for conversion to military occupational specialty to

5

ease personnel shortage.

6
7
8
9
10
11

(8) Section 327(h), relating to incentive bonus
for transfer between Armed Forces.
(9) Section 330(f), relating to accession bonus for
officer candidates.
SEC. 616. AVIATION BONUS MATTERS.

Section 334(c) of title 37, United States Code, is

12 amended—
13
14
15

(1) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (1) the fol-

16

lowing new paragraphs:

17

‘‘(2) BUSINESS

18

BONUS AMOUNTS.—

19

‘‘(A) IN

CASE FOR PAYMENT OF AVIATION

GENERAL.—The

amount of the

20

aviation bonus payable under paragraph (1)(B)

21

under agreements entered into under subsection

22

(d) during a fiscal year shall be determined sole-

23

ly through a business case analysis of the

24

amount required to be paid under such agree-

25

ments in order to address anticipated manning

† HR 2810 PAP

244
1

shortfalls for such fiscal year by aircraft type

2

category.

3

‘‘(B)

4

MENTS.—The

5

support of the budget of the President for a fiscal

6

year (as submitted to Congress pursuant to sec-

7

tion 1105 of title 31) shall set forth for each uni-

8

formed service the following:

BUDGET

JUSTIFICATION

DOCU-

budget justification documents in

9

‘‘(i) The amount requested for the pay-

10

ment of aviation bonuses under this section

11

using amounts authorized to be appro-

12

priated for the fiscal year concerned by air-

13

craft type category.

14

‘‘(ii) The business case analysis sup-

15

porting the amount so requested by aircraft

16

type category.

17

‘‘(iii) For each aircraft type category,

18

whether or not the amount requested will

19

permit the payment during the fiscal year

20

concerned of the maximum amount of the

21

aviation bonus authorized by paragraph

22

(1).

23

‘‘(iv) If any amount requested is to ad-

24

dress manning shortfalls, a description of

25

any plans of the Secretary concerned to ad-

† HR 2810 PAP

245
1

dress

2

means.

such

shortfalls

3

‘‘(3) TIERED

4

OF AVIATION BONUS.—

5

‘‘(A) IN

by

non-monetary

LIMITATION ON MAXIMUM AMOUNT

GENERAL.—The

maximum amount

6

of the aviation bonus payable under paragraph

7

(1)(B) under agreements entered into under sub-

8

section (d) during a fiscal year shall vary by an-

9

ticipated manning shortfalls for such fiscal year

10

by aircraft type category. The variance shall be

11

stated by tier correlating maximum bonus

12

amounts with anticipated manning and reten-

13

tion levels, as follows:

14

‘‘(i)

Maximum

amount

payable

15

(known as ‘Tier I’) is the amount specified

16

for the fiscal year concerned by paragraph

17

(1)(B) and is payable under agreements for

18

duty by aircraft type category in which—

19

‘‘(I) the projected manning level

20

for the fiscal year does not exceed 90

21

percent of the required manning level;

22

or

23

‘‘(II) the two-year retention trend

24

for personnel performing such duty

25

does not exceed 50 percent.

† HR 2810 PAP

246
1

‘‘(ii)

Maximum

amount

payable

2

(known as ‘Tier II’) is an amount equal to

3

68 percent of the amount specified for the

4

fiscal year concerned by paragraph (1)(B)

5

and is payable under agreements for duty

6

by aircraft type category in which—

7

‘‘(I) the projected manning level

8

for the fiscal year is between 90 and 95

9

percent of the required manning level;

10

or

11

‘‘(II) the two-year retention trend

12

for personnel performing such duty is

13

between 50 and 55 percent.

14

‘‘(iii)

Maximum

amount

payable

15

(known as ‘Tier III’) is an amount equal to

16

34 percent of the amount specified for the

17

fiscal year concerned by paragraph (1)(B)

18

and is payable under agreements for duty

19

by aircraft type category in which—

20

‘‘(I) the projected manning level

21

for the fiscal year is between 95 and

22

100 percent of the required manning

23

level; or

† HR 2810 PAP

247
1

‘‘(II) the two-year retention trend

2

for personnel performing such duty is

3

between 55 and 65 percent.

4

‘‘(iv)

Maximum

amount

payable

5

(known as ‘Tier IV’) is zero for duty by air-

6

craft type category in which—

7

‘‘(I) the projected manning level

8

for the fiscal year is 100 percent or

9

more of the required manning level; or

10

‘‘(II) the two-year retention trend

11

for personnel performing such duty ex-

12

ceeds 65 percent.

13

‘‘(B) LIMITATION

ON TOTAL NUMBER OF

14

AGREEMENTS

15

MENT.—In

16

tered into under subsection (d) during a fiscal

17

year by a Secretary concerned provide for a

18

maximum amount payable as described in sub-

19

paragraph (A)(i).’’.

PROVIDING

FOR

TIER

I

PAY-

no event may all the agreements en-

20

SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS

21

AUTHORITIES FOR ENLISTED MEMBERS WHO

22

PILOT REMOTELY PILOTED AIRCRAFT.

23

(a) IN GENERAL.—Chapter 5 of title 37, United States

24 Code, is amended by inserting after section 334 the fol25 lowing new section:

† HR 2810 PAP

248
1 ‘‘§ 334a. Special aviation incentive pay and bonus au2

thorities: enlisted members who pilot re-

3

motely piloted aircraft

4
5

‘‘(a) AVIATION INCENTIVE PAY.—
‘‘(1) INCENTIVE

PAY AUTHORIZED.—The

Sec-

6

retary concerned may pay aviation incentive pay

7

under this section to an enlisted member in a regular

8

or reserve component of a uniformed service who—

9

‘‘(A) is entitled to basic pay under section

10

204 of this title or compensation under 206 of

11

this title;

12

‘‘(B) is designated as a remotely piloted

13

aircraft pilot, or is in training leading to such

14

a designation;

15

‘‘(C) engages in, or is in training leading

16

to, frequent and regular performance of oper-

17

ational flying duty or proficiency flying duty;

18
19

‘‘(D) engages in or remains in aviation
service for a specified period; and

20

‘‘(E) meets such other criteria as the Sec-

21

retary concerned determines appropriate.

22

‘‘(2) ENLISTED

MEMBERS NOT CURRENTLY EN-

23

GAGED IN FLYING DUTY.—The

24

may pay aviation incentive pay under this section to

25

an enlisted member who is otherwise qualified for

26

such pay but who is not currently engaged in the per† HR 2810 PAP

Secretary concerned

249
1

formance of operational flying duty or proficiency

2

flying duty if the Secretary determines, under regula-

3

tions prescribed under section 374 of this title, that

4

payment of aviation pay to that enlisted member is

5

in the best interests of the service.

6

‘‘(b) AVIATION BONUS.—The Secretary concerned may

7 pay an aviation bonus under this section to an enlisted
8 member in a regular or reserve component of a uniformed
9 service who—
10
11
12
13

‘‘(1) is entitled to aviation incentive pay under
subsection (a);
‘‘(2) is within one year of completing the member’s enlistment;

14

‘‘(3) reenlists or voluntarily extends the mem-

15

ber’s enlistment for a period of at least one year or,

16

in the case of an enlisted member serving pursuant to

17

an indefinite reenlistment, executes a written agree-

18

ment to remain on active duty for a period of at least

19

one year or to remain in an active status in a reserve

20

component for a period of at least one year; and

21

‘‘(4) meets such other criteria as the Secretary

22

concerned determines appropriate.

23

‘‘(c) MAXIMUM AMOUNT

24
25

‘‘(1) MAXIMUM

AND

METHOD

AMOUNT.—The

OF

PAYMENT.—

Secretary con-

cerned shall determine the amount of a bonus or in-

† HR 2810 PAP

250
1

centive pay to be paid under this section, except

2

that—

3

‘‘(A) aviation incentive pay under sub-

4

section (a) shall be paid at a monthly rate not

5

to exceed $1,000 per month; and

6

‘‘(B) an aviation bonus under subsection (b)

7

may not exceed $35,000 for each 12-month pe-

8

riod of obligated service agreed to under sub-

9

section (d).

10

‘‘(2) BUSINESS

11

BONUS AMOUNTS.—

12

‘‘(A) IN

CASE FOR PAYMENT OF AVIATION

GENERAL.—The

amount of the

13

aviation bonus payable under paragraph (1)(B)

14

under agreements entered into under subsection

15

(d) during a fiscal year shall be determined sole-

16

ly through a business case analysis of the

17

amount required to be paid under such agree-

18

ments in order to address anticipated manning

19

shortfalls for such fiscal year by aircraft type

20

category.

21

‘‘(B)

22

MENTS.—The

23

support of the budget of the President for a fiscal

24

year (as submitted to Congress pursuant to sec-

† HR 2810 PAP

BUDGET

JUSTIFICATION

DOCU-

budget justification documents in

251
1

tion 1105 of title 31) shall set forth for each uni-

2

formed service the following:

3

‘‘(i) The amount requested for the pay-

4

ment of aviation bonuses under this section

5

using amounts authorized to be appro-

6

priated for the fiscal year concerned by air-

7

craft type category.

8

‘‘(ii) The business case analysis sup-

9

porting the amount so requested by aircraft

10

type category.

11

‘‘(iii) For each aircraft type category,

12

whether or not the amount requested will

13

permit the payment during the fiscal year

14

concerned of the maximum amount of the

15

aviation bonus authorized by paragraph

16

(1).

17

‘‘(iv) If any amount requested is to ad-

18

dress manning shortfalls, a description of

19

any plans of the Secretary concerned to ad-

20

dress

21

means.

22

‘‘(3) LUMP

such

shortfalls

by

non-monetary

SUM OR INSTALLMENTS.—A

bonus

23

under this section may be paid in a lump sum or in

24

periodic installments, as determined by the Secretary

25

concerned.

† HR 2810 PAP

252
1

‘‘(4) FIXING

BONUS AMOUNT.—Upon

acceptance

2

by the Secretary concerned of the written agreement

3

required by subsection (d), the total amount of the

4

bonus to be paid under the agreement shall be fixed.

5

‘‘(d) WRITTEN AGREEMENT

FOR

BONUS.—To receive

6 an aviation bonus under this section, an enlisted member
7 determined to be eligible for the bonus shall enter into a
8 written agreement with the Secretary concerned that speci9 fies—
10

‘‘(1) the amount of the bonus;

11

‘‘(2) the method of payment of the bonus under

12

subsection (c)(2);

13

‘‘(3) the period of obligated service; and

14

‘‘(4) the type or conditions of the service.

15
16

‘‘(e) RESERVE COMPONENT ENLISTED MEMBERS PERFORMING

INACTIVE DUTY TRAINING.—An enlisted member

17 of reserve component who is entitled to compensation under
18 section 206 of this title and who is authorized aviation in19 centive pay under this section may be paid an amount of
20 incentive pay that is proportionate to the compensation re21 ceived under section 206 of this title for inactive-duty train22 ing.
23
24

‘‘(f) RELATIONSHIP
ANCES.—

† HR 2810 PAP

TO

OTHER PAY

AND

ALLOW-

253
1

‘‘(1) AVIATION

INCENTIVE PAY.—Aviation

incen-

2

tive pay paid to an enlisted member under subsection

3

(a) shall be in addition to any other pay and allow-

4

ance to which the enlisted member is entitled, except

5

that an enlisted member may not receive a payment

6

under such subsection and section 351(a)(2) or 353(a)

7

of this title for the same skill and period of service.

8

‘‘(2) AVIATION

BONUS.—An

aviation bonus paid

9

to an enlisted member under subsection (b) shall be

10

in addition to any other pay and allowance to which

11

the enlisted member is entitled, except that an enlisted

12

member may not receive a bonus payment under such

13

subsection and section 331 or 353(b) of this title for

14

the same skill and period of service.

15

‘‘(g) REPAYMENT.—An enlisted member who receives

16 aviation incentive pay or an aviation bonus under this sec17 tion and who fails to fulfill the eligibility requirements for
18 the receipt of the incentive pay or bonus or complete the
19 period of service for which the incentive pay or bonus is
20 paid, as specified in the written agreement under subsection
21 (d) in the case of a bonus, shall be subject to the repayment
22 provisions of section 373 of this title.
23
24
25

‘‘(h) DEFINITIONS.—In this section:
‘‘(1) AVIATION

SERVICE.—The

term ‘aviation

service’ means participation in aerial flight per-

† HR 2810 PAP

254
1

formed, under regulations prescribed by the Secretary

2

concerned, by an eligible enlisted member remotely pi-

3

loted aircraft pilot.

4

‘‘(2) OPERATIONAL

FLYING

DUTY.—The

term

5

‘operational flying duty’ means flying performed

6

under competent orders by enlisted members of the

7

regular or reserve components while serving in assign-

8

ments in which basic flying skills are normally main-

9

tained in the performance of assigned duties as deter-

10

mined by the Secretary concerned, and flying duty

11

performed by members in training that leads to des-

12

ignation as a remotely piloted aircraft pilot by the

13

Secretary concerned.

14

‘‘(3) PROFICIENCY

FLYING

DUTY.—The

term

15

‘proficiency flying duty’ means flying performed

16

under competent orders by enlisted members of the

17

regular or reserve components while serving in assign-

18

ments in which such skills would normally not be

19

maintained in the performance of assigned duties.

20

‘‘(i) TERMINATION

OF

AUTHORITY.—No agreement

21 may be entered into under this section after December 31,
22 2018.’’.
23

(b) CLERICAL AMENDMENT.—The table of sections at

24 the beginning of chapter 5 of such title is amended by in-

† HR 2810 PAP

255
1 serting after the item relating to section 334 the following
2 new item:
‘‘334a. Special aviation incentive pay and bonus authorities: enlisted members
who pilot remotely piloted aircraft.’’.

3

SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RE-

4

LATING TO 2008 CONSOLIDATION OF SPECIAL

5

PAY AUTHORITIES.

6
7

(a) REPAYMENT PROVISIONS.—
(1) TITLE

10.—The

following provisions of title

8

10, United States Code, are each amended by insert-

9

ing ‘‘or 373’’ before ‘‘of title 37’’:

10

(A) Section 510(i).

11

(B) Subsections (a)(3) and (c) of section

12

2005.

13
14

(C) Paragraphs (1) and (2) of section
2007(e).

15

(D) Section 2105.

16

(E) Section 2123(e)(1)(C).

17

(F) Section 2128(c).

18

(G) Section 2130a(d).

19

(H) Section 2171(g).

20

(I) Section 2173(g)(2).

21

(J) Paragraphs (1) and (2) of section

22

2200a(e).

23

(K) Section 4348(f).

24

(L) Section 6959(f).
† HR 2810 PAP

256
1

(M) Section 9348(f).

2

(N) Subsections (a)(2) and (b) of section

3

16135.

4

(O) Section 16203(a)(1)(B).

5

(P) Section 16301(h).

6

(Q) Section 16303(d).

7

(R) Paragraphs (1) and (2) of section

8

16401(f).

9

(2) TITLE

14.—Section

182(g) of title 14, United

10

States Code, is amended by inserting ‘‘or 373’’ before

11

‘‘of title 37’’.

12

(b) OFFICERS APPOINTED PURSUANT

13

MENT

UNDER SECTION 329

OF

TO AN

AGREE-

TITLE 37.—Section 641 of

14 title 10, United States Code, is amended by striking para15 graph (6).
16

(c) REENLISTMENT LEAVE.—The matter preceding

17 paragraph (1) of section 703(b) of title 10, United States
18 Code, is amended by inserting ‘‘or paragraph (1) or (3)
19 of section 351(a)’’ after ‘‘section 310(a)(2)’’.
20

(d) REST

AND

RECUPERATION ABSENCE

FOR

QUALI-

21

FIED

MEMBERS EXTENDING DUTY

22

TION

OVERSEAS.—The matter following paragraph (4) of

AT

DESIGNATED LOCA-

23 section 705(a) of title 10, United States Code, is amended
24 by inserting ‘‘or 352’’ after ‘‘section 314’’.

† HR 2810 PAP

257
1

(e) REST

AND

RECUPERATION ABSENCE

FOR

2 MEMBERS UNDERGOING EXTENDED DEPLOYMENT
3

BAT

CERTAIN
TO

COM-

ZONE.—Section 705a(b)(1)(B) of title 10, United

4 States Code, is amended by inserting ‘‘or 352(a)’’ after ‘‘sec5 tion 305’’.
6
7

(f) ADDITIONAL INCENTIVES
SIONALS

OF

THE

FOR

HEALTH PROFES-

INDIAN HEALTH SERVICE.—Section

8 116(a) of the Indian Health Care Improvement Act (25
9 U.S.C. 1616i(a)) is amended by inserting ‘‘or 335(b)’’ after
10 ‘‘section 302(b)’’.
11

(g) MILITARY PAY

12 WHILE

IN A

AND

ALLOWANCES CONTINUANCE

MISSING STATUS.—Section 552(a)(2) of title

13 37, United States Code, is amended by inserting ‘‘or section
14 351(a)(2)’’ after ‘‘section 301’’.
15

(h) MILITARY PAY

AND

ALLOWANCES.—Section 907(d)

16 of title 37, United States Code, is amended—
17

(1) in paragraph (1)—

18
19

(A) in subparagraph (A), by inserting ‘‘or
351’’ after ‘‘section 301’’;

20
21

(B) in subparagraph (B), by inserting ‘‘or
352’’ after ‘‘section 301c’’;

22
23

(C) in subparagraph (C), by inserting ‘‘or
353(a)’’ after ‘‘section 304’’;

24
25

(D) in subparagraph (D), by inserting ‘‘or
352’’ after ‘‘section 305’’;

† HR 2810 PAP

258
1

(E) in subparagraph (E), by inserting ‘‘or

2

352’’ after ‘‘section 305a’’;

3

(F) in subparagraph (F), by inserting ‘‘or

4

352’’ after ‘‘section 305b’’;

5

(G) in subparagraph (G), by inserting ‘‘or

6

352’’ after ‘‘section 307a’’;

7

(H) in subparagraph (I), by inserting ‘‘or

8

352’’ after ‘‘section 314’’;

9

(I) in subparagraph (J), by striking ‘‘316’’

10

and inserting ‘‘353(b)’’; and

11

(J) in subparagraph (K), by striking ‘‘323’’

12

and inserting ‘‘section 355’’; and

13

(2) in paragraph (2)—

14

(A) in subparagraph (A), by inserting ‘‘or

15

352’’ after ‘‘section 307’’;

16

(B) in subparagraph (B), by striking ‘‘308’’

17

and inserting ‘‘331’’;

18

(C) in subparagraph (C), by striking ‘‘309’’

19

and inserting ‘‘331’’; and

20

(D) in subparagraph (D), by inserting ‘‘or

21

353’’ after ‘‘section 320’’.

22
23

(i) PAY
LIC

AND

ALLOWANCES

OF

OFFICERS

OF THE

PUB-

HEALTH SERVICE.—Section 208(a)(2) of the Public

24 Health Service Act (42 U.S.C. 210(a)(2)) is amended by
25 inserting ‘‘or 373’’ after ‘‘303a(b)’’.

† HR 2810 PAP

259

2

Subtitle C—Disability Pay, Retired
Pay, and Survivor Benefits

3

PART I—AMENDMENTS IN CONNECTION WITH

4

RETIRED PAY REFORM

5

SEC. 631. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR

6

MEMBERS ELECTING LUMP SUM PAYMENTS

7

OF RETIRED PAY UNDER THE MODERNIZED

8

RETIREMENT SYSTEM FOR MEMBERS OF THE

9

UNIFORMED SERVICES.

1

10

(a)

DEFINITION

OF

BASE

AMOUNT.—Section

11 1447(6)(A) of title 10, United States Code, is amended in
12 the

matter

preceding

clause

(i)

by

inserting

‘‘or

13 1415(b)(1)(B)’’ after ‘‘section 1409(b)(2)’’.
14

(b) COORDINATION WITH REDUCTIONS

IN

RETIRED

15 PAY.—Section 1452 of such title is amended—
16

(1) in subsection (a)(1), by inserting ‘‘, other

17

than retired pay received as a lump sum under sec-

18

tion 1415(b)(1)(A) of this title,’’ in the matter pre-

19

ceding subparagraph (A) after ‘‘, the retired pay’’;

20

(2) in subsection (b)(1), by inserting ‘‘, other

21

than retired pay received as a lump sum under sec-

22

tion 1415(b)(1)(A) of this title,’’ after ‘‘The retired

23

pay’’; and

24

(3) in subsection (c)—

† HR 2810 PAP

260
1

(A) in paragraph (1), by inserting ‘‘, other

2

than retired pay received as a lump sum under

3

section 1415(b)(1)(A) of this title,’’ after ‘‘The re-

4

tired pay’’; and

5
6

(B) in paragraph (4), by inserting ‘‘or
1415(b)(1)(B)’’ after ‘‘section 1409(b)(2)’’.

7

SEC. 632. TECHNICAL CORRECTION REGARDING ELECTION

8

TO PARTICIPATE IN MODERNIZED RETIRE-

9

MENT SYSTEM FOR RESERVE COMPONENT

10

MEMBERS EXPERIENCING A BREAK IN SERV-

11

ICE.

12

(a) PERSONS EXPERIENCING

A

BREAK

IN

SERVICE.—

13 Section 12739(f)(2)(B)(iii) of title 10, United States Code,
14 is amended by striking ‘‘on the date of the reentry’’ and
15 inserting ‘‘within 30 days after the date of the reentry’’.
16

(b) EFFECTIVE DATE.—The amendment made by sub-

17 section (a) shall take effect on January 1, 2018, imme18 diately after the coming into effect of the amendment made
19 by section 631(b) of the National Defense Authorization Act
20 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 843),
21 to which the amendment made by subsection (a) relates.

† HR 2810 PAP

261
1

SEC. 633. PROMOTION OF FINANCIAL LITERACY CON-

2

CERNING RETIREMENT AMONG MEMBERS OF

3

THE ARMED FORCES.

4

(a) PROGRAMS FOR PROMOTION REQUIRED.—The Sec-

5 retary of Defense shall develop programs of financial lit6 eracy for members of the Armed Forces to assist members
7 in better understanding retirement options and planning
8 for retirement.
9

(b) INFORMATION

10 SUM

AND

ON

COMPARATIVE VALUE

MONTHLY PAYMENTS

OF

OF

LUMP

RETIRED PAY WITH

11 CONVENTIONAL RETIRED PAY.—The Secretary of Defense
12 shall develop information to be provided to members of the
13 Armed Forces who are eligible to make the election provided
14 for in subsection (b)(1) of section 1415 of title 10, United
15 States Code, to assist such members in making an informed
16 comparison for purposes of the election between the fol17 lowing:
18

(1) The value of the lump sum payment of re-

19

tired pay and monthly payments provided for in such

20

subsection (b)(1) by reason of the election, including

21

the manner in which the lump sum and such monthly

22

payments are determined for any particular member.

23

(2) The value of retired pay payable under sub-

24

section (d) of such section in the absence of the elec-

25

tion, including the manner in which such retired pay

26

is determined for any particular member.
† HR 2810 PAP

262
1

PART II—OTHER MATTERS

2

SEC. 636. AUTHORITY FOR THE SECRETARIES OF THE MILI-

3

TARY DEPARTMENTS TO PROVIDE FOR CARE

4

OF REMAINS OF THOSE WHO DIE ON ACTIVE

5

DUTY AND ARE INTERRED IN A FOREIGN

6

CEMETERY.

7

Section 1482(a) of title 10, United States Code, is

8 amended by adding at the end the following new paragraph:
9

‘‘(10) In the case of a decedent under the juris-

10

diction of a Secretary of a military department at the

11

time of death, enduring care of remains interred in

12

a foreign cemetery if the burial location was des-

13

ignated by such Secretary.’’.

14

SEC. 637. TECHNICAL CORRECTIONS TO USE OF MEMBER’S

15

CURRENT PAY GRADE AND YEARS OF SERV-

16

ICE IN A DIVISION OF PROPERTY INVOLVING

17

DISPOSABLE RETIRED PAY.

18

(a) IN GENERAL.—Section 1408 of title 10, United

19 States Code, is amended—
20

(1) in subsection (a)(4)—

21

(A) in the matter preceding clause (i) of

22

subparagraph (A), by striking ‘‘(as determined

23

pursuant to subparagraph (B)’’; and

24
25

(B) by striking subparagraph (B) and inserting the following new subparagraph (B):

† HR 2810 PAP

263
1

‘‘(B) For purposes of subparagraph (A), in the

2

case of a division of property as part of a final decree

3

of divorce, dissolution, annulment, or legal separation

4

that becomes final prior to the date of a member’s re-

5

tirement, the total monthly retired pay to which the

6

member is entitled shall be—

7

‘‘(i) in the case of a member not described

8

in clause (ii), the amount of retired pay to

9

which the member would have been entitled using

10

the member’s retired pay base and years of serv-

11

ice on the date of the decree of divorce, dissolu-

12

tion, annulment, or legal separation, as com-

13

puted under section 1406 or 1407 of this title,

14

whichever is applicable, increased by the sum of

15

the cost-of-living adjustments that—

16

‘‘(I) would have occurred under section

17

1401a(b) of this title between the date of the

18

decree of divorce, dissolution, annulment, or

19

legal separation and the time of the mem-

20

ber’s retirement using the adjustment provi-

21

sions under section 1401a of this title appli-

22

cable to the member upon retirement; and

23

‘‘(II) occur under 1401a of this title

24

after the member’s retirement; or

† HR 2810 PAP

264
1

‘‘(ii) in the case of a member who becomes

2

entitled to retired pay pursuant to chapter 1223

3

of this title, the amount of retired pay to which

4

the member would have been entitled using the

5

member’s retired pay base and creditable service

6

points on the date of the decree of divorce, dis-

7

solution, annulment, or legal separation, as com-

8

puter under chapter 1223 of this title, increased

9

by the sum of the cost-of-living adjustments as

10

described in clause (i) that apply with respect to

11

the member.’’; and

12

(2) in subsection (d), by adding at the end the

13

following new paragraph:

14

‘‘(8) A division of property award computed as a per-

15 centage of a member’s disposable retired pay shall be in16 creased by the same percentage as any cost-of-living adjust17 ment made under section 1401a after the member’s retire18 ment.’’.
19

(b) EFFECTIVE DATE.—The amendments made by sub-

20 section (a) shall take effect on December 23, 2016, as if en21 acted immediately following the enactment of the National
22 Defense Authorization Act for Fiscal Year 2017 (Public
23 Law 114–328) to which such amendments relate.
24

(c) APPLICABILITY.—The amendments made by sub-

25 section (a) shall apply with respect to any division of prop-

† HR 2810 PAP

265
1 erty as part of a final decree of divorce, dissolution, annul2 ment, or legal separation involving a member of the Armed
3 Forces to which section 1408 of title 10, United States Code,
4 applies that becomes final after December 23, 2016.
5

SEC. 638. PERMANENT EXTENSION AND COST-OF-LIVING

6

ADJUSTMENTS OF SPECIAL SURVIVOR IN-

7

DEMNITY

8

VIVOR BENEFIT PLAN.

9

ALLOWANCES

UNDER

THE

SUR-

Section 1450(m) of title 10, United States Code, is

10 amended—
11

(1) in paragraph (2)—

12
13

(A) in subparagraph (H), by striking
‘‘and’’ at the end; and

14
15

(B) by striking subparagraph (I) and inserting the following new subparagraphs:

16
17

‘‘(I) for months from October 2016 through
December 2018, $310; and

18

‘‘(J) for months during any calendar year

19

after 2018, the amount determined in accordance

20

with paragraph (6).’’; and

21

(2) by striking paragraph (6) and inserting the

22
23
24

following new paragraph (6):
‘‘(6)
2018.—

† HR 2810 PAP

COST-OF-LIVING

ADJUSTMENTS

AFTER

266
1

‘‘(A) IN

GENERAL.—The

amount of the al-

2

lowance payable under paragraph (1) for months

3

during any calendar year beginning after 2018

4

shall be—

5

‘‘(i) the amount payable pursuant to

6

paragraph (2) for months during the pre-

7

ceding calendar year, plus

8

‘‘(ii) an amount equal to the percent-

9

age of the amount determined pursuant to

10

clause (i) which percentage is equal to the

11

percentage increase in retired pay of mem-

12

bers and former members of the armed

13

forces for such calendar year under section

14

1401a of this title.

15

‘‘(B) PUBLIC

NOTICE ON AMOUNT OF AL-

16

LOWANCE PAYABLE.—The

17

shall publish in the Federal Register each year

18

the amount of the allowance payable under para-

19

graph (1) for months in such year by reason of

20

the operation of this paragraph.’’.

† HR 2810 PAP

Secretary of Defense

267
1

Subtitle D—Other Matters

2

SEC. 651. CONSTRUCTION OF DOMESTIC SOURCE REQUIRE-

3

MENT FOR FOOTWEAR FURNISHED TO EN-

4

LISTED MEMBERS OF THE ARMED FORCES ON

5

INITIAL ENTRY INTO THE ARMED FORCES.

6

Section 418(d) of title 37, United States Code, is

7 amended by adding at the end the following new para8 graphs:
9

‘‘(4) This subsection does not apply to the furnishing

10 of athletic footwear to the members of the Army, the Navy,
11 the Air Force, or the Marine Corps upon their initial entry
12 into the armed forces, or prohibit the provision of a cash
13 allowance to such members for such purpose, if the Sec14 retary of Defense determines that compliance with para15 graph (2) would result in a sole source contract for procure16 ment of athletic footwear for the purpose stated in para17 graph (1) because there would be only a sole certified of
18 supply for such footwear.
19

‘‘(5) The Secretary of Defense shall ensure that all pro-

20 curements of athletic footwear to which this subsection ap21 plies are made using firm fixed price contracts.’’.
22

SEC. 652. INCLUSION OF DEPARTMENT OF AGRICULTURE IN

23

TRANSITION ASSISTANCE PROGRAM.

24

(a) IN GENERAL.—Subsection (a) of section 1144 of

25 title 10, United States Code, is amended by striking ‘‘and
† HR 2810 PAP

268
1 the Secretary of Veterans Affairs’’ each place it appears in
2 paragraphs (1) and (2) and inserting ‘‘the Secretary of Vet3 erans Affairs, and the Secretary of Agriculture’’.
4

(b) INCLUSION

IN

ELEMENTS

OF

PROGRAM.—Sub-

5 section (b) of such section is amended by adding at the end
6 the following new paragraph:
7

‘‘(12) Provide information regarding the avail-

8

ability to such members of the following through the

9

Department of Agriculture:

10

‘‘(A) Grants, loans, and other assistance to

11

enter production agriculture or engage in rural

12

entrepreneurship.

13

‘‘(B) Identification of and assistance in ob-

14

taining employment within the agricultural sec-

15

tor that aligns with military occupational spe-

16

cialties or military certifications, including em-

17

ployment with the Department.

18

‘‘(C) Training and apprenticeships for em-

19

ployment in rural communities and in the agri-

20

cultural and food sectors.’’.

21

SEC. 653. REVIEW AND UPDATE OF REGULATIONS GOV-

22

ERNING DEBT COLLECTORS INTERACTIONS

23

WITH UNIT COMMANDERS.

24

Not later than 180 days after the date of the enactment

25 of this Act, the Secretary of Defense shall review and update

† HR 2810 PAP

269
1 Department of Defense Instruction 1344.09 and any associ2 ated regulations to ensure that such regulations comply
3 with Federal consumer protection laws with respect to the
4 collection of debt.

8

TITLE VII—HEALTH CARE
PROVISIONS
Subtitle A—TRICARE and Other
Health Care Benefits

9

SEC. 701. TRICARE ADVANTAGE DEMONSTRATION PRO-

5
6
7

10

GRAM.

11

(a) ESTABLISHMENT.—

12

(1) IN

GENERAL.—Not

later than one year after

13

the date of the enactment of this Act, the Secretary

14

shall, in consultation with the Secretary of Health

15

and Human Services, establish a demonstration pro-

16

gram to enable applicable eligible individuals to en-

17

roll in Medicare Advantage plans.

18

(2) DURATION.—The demonstration program es-

19

tablished under paragraph (1) shall be carried out for

20

a period of not less than five years.

21

(b) PLANS.—

22

(1) SELECTION.—The Secretary shall competi-

23

tively select one or more Medicare Advantage plans

24

for which the Secretary of Health and Human Serv-

25

ices has waived or modified requirements under sec-

† HR 2810 PAP

270
1

tion 1857(i) of the Social Security Act (42 U.S.C.

2

1395w–27(i)) in market areas of the TRICARE pro-

3

gram with large concentrations of beneficiaries eligi-

4

ble for TRICARE for Life (as determined by the Sec-

5

retary) to participate in the demonstration program

6

through the use of risk-bearing, capitated contracts

7

with Medicare Advantage organizations.

8

(2) REQUIREMENTS.—Each Medicare Advantage

9

plan selected under paragraph (1) shall meet the fol-

10

lowing requirements:

11

(A) The plan is an MA–PD plan (as de-

12

fined in section 1860D–1(a)(3)(C) of the Social

13

Security Act (42 U.S.C. 1395w–101(a)(3)(C))).

14

(B) The plan has a minimum quality star

15

rating of four or higher under section 1853(o)(4)

16

of such Act (42 U.S.C. 1395w–23(o)(4)).

17

(C) The plan and the Medicare Advantage

18

organization offering the plan meet such other

19

criteria as the Secretary determines appropriate

20

for purposes of this section.

21

(3) USE

22

OF DEPARTMENT FACILITIES AND SERV-

ICES.—

23

(A) MILITARY

TREATMENT FACILITIES.—

24

The Secretary may include military treatment

25

facilities as authorized providers for applicable

† HR 2810 PAP

271
1

eligible individuals enrolled in a Medicare Ad-

2

vantage plan participating in the demonstration

3

program as a service provided by the Depart-

4

ment of Defense.

5

(B) PHARMACY

BENEFITS PROGRAM.—The

6

Secretary may include coverage of pharma-

7

ceutical agents under the pharmacy benefits pro-

8

gram under section 1074g of title 10, United

9

States Code, as a coverage option for applicable

10

eligible individuals enrolled in a Medicare Ad-

11

vantage plan participating in the demonstration

12

program as a service provided by the Depart-

13

ment of Defense.

14
15

(c) ENROLLMENT
UALS.—Unless

OF

APPLICABLE ELIGIBLE INDIVID-

an applicable eligible individual opts out,

16 all applicable eligible individuals located in an area par17 ticipating in the demonstration program shall be enrolled
18 in a Medicare Advantage plan selected under subsection
19 (b)(1).
20

(d) COSTS

OF

PROGRAM.—The Secretary and the Sec-

21 retary of Health and Human Services shall jointly deter22 mine the appropriate distribution of costs and potential
23 savings to the Department of Defense and the Department
24 of Health and Human Services that result from the dem25 onstration program.

† HR 2810 PAP

272
1
2
3

(e) REPORTS.—
(1) REPORT

ON

IMPLEMENTATION

OF

PRO-

GRAM.—

4

(A) IN

GENERAL.—Not

later than one year

5

after the date of the enactment of this Act, the

6

Secretary shall submit to the Committees on

7

Armed Services of the Senate and the House of

8

Representatives a report on the implementation

9

by the Secretary of the demonstration program

10

under this section.

11
12

(B) ELEMENTS.—The report required by
subparagraph (A) shall include the following:

13

(i) A description of each Medicare Ad-

14

vantage plan participating in the dem-

15

onstration program, disaggregated by mar-

16

ket area of the TRICARE program (as de-

17

termined by the Secretary).

18

(ii) A description of covered benefits,

19

premium rates, and copayments or cost

20

sharing, if any, for each Medicare Advan-

21

tage plan participating in the demonstra-

22

tion program in each such area.

23

(iii) The number of applicable eligible

24

individuals eligible to enroll and the num-

25

ber of applicable eligible individuals pro-

† HR 2810 PAP

273
1

jected to enroll in each Medicare Advantage

2

plan participating in the demonstration

3

program in each such area.

4

(iv) An assessment of projected average

5

annual out-of-pocket costs, if any, for appli-

6

cable eligible individuals enrolled in each

7

Medicare Advantage plan participating in

8

the demonstration program.

9

(v) A description of outcome metrics

10

developed to measure quality of care, im-

11

proved health outcomes, better access to

12

care, and enhanced beneficiary experience

13

under the demonstration program.

14

(2) FINAL

REPORT.—Not

later than four years

15

after the date of the enactment of this Act, the Sec-

16

retary shall submit to the Committees on Armed Serv-

17

ices of the Senate and the House of Representatives a

18

report providing a comprehensive assessment of the

19

demonstration program under this section.

20

(f) DEFINITIONS.—In this section:

21

(1) APPLICABLE

ELIGIBLE

INDIVIDUAL.—The

22

term ‘‘applicable eligible individual’’ means an eligi-

23

ble individual (as defined in paragraph (2)) who is

24

a Medicare Advantage eligible individual (as defined

† HR 2810 PAP

274
1

in section 1851(a)(3) of the Social Security Act (42

2

U.S.C. 1395w–21(a)(3))).

3

(2) ELIGIBLE

INDIVIDUAL.—The

term ‘‘eligible

4

individual’’ means an individual eligible for health

5

benefits under section 1086(d) of title 10, United

6

States Code.

7

(3) MEDICARE

ADVANTAGE ORGANIZATION.—The

8

term ‘‘Medicare Advantage organization’’ has the

9

meaning given that term in section 1859 of the Social

10
11

Security Act (42 U.S.C. 1395w–28).
(4) MEDICARE

ADVANTAGE

PLAN.—The

term

12

‘‘Medicare Advantage plan’’ means a health plan

13

under part C of title XVIII of the Social Security Act

14

(42 U.S.C. 1395w–21 et seq.).

15

(5) SECRETARY.—The term ‘‘Secretary’’ means

16

the Secretary of Defense.

17

(6) TRICARE

PROGRAM; TRICARE FOR LIFE.—

18

The terms ‘‘TRICARE program’’ and ‘‘TRICARE for

19

Life’’ have the meanings given those terms in section

20

1072 of title 10, United States Code.

21

(g) REGULATIONS.—

22

(1) IN

GENERAL.—In

order to implement expedi-

23

tiously the demonstration program under this section,

24

the Secretary may prescribe such changes to the regu-

† HR 2810 PAP

275
1

lations implementing the TRICARE program as the

2

Secretary considers appropriate.

3

(2) RULEMAKING.—The Secretary shall imple-

4

ment any changes prescribed under paragraph (1)—

5

(A) by prescribing an interim final rule;

6

and

7

(B) not later than 180 days after pre-

8

scribing such interim final rule and considering

9

public comments with respect to such interim

10
11

final rule, by prescribing a final rule.
(h) WAIVER AUTHORITY.—The Secretary of Health

12 and Human Services may waive such requirements of titles
13 XI and XVIII of the Social Security Act (42 U.S.C. 1301
14 et seq.; 1395 et seq.) as may be necessary for purposes of
15 carrying out this section.
16

SEC. 702. CONTINUED ACCESS TO MEDICAL CARE AT FA-

17

CILITIES OF THE UNIFORMED SERVICES FOR

18

CERTAIN MEMBERS OF THE RESERVE COMPO-

19

NENTS.

20

(a) TRICARE RESERVE SELECT.—Paragraph (2) of

21 section 1076d(f) of title 10, United States Code, is amended
22 to read as follows:
23
24

‘‘(2) The term ‘TRICARE Reserve Select’
means—

† HR 2810 PAP

276
1

‘‘(A) medical care at facilities of the uni-

2

formed services to which a dependent described

3

in section 1076(a)(2) of this title is entitled; and

4

‘‘(B) health benefits under the TRICARE

5

Select self-managed, preferred provider network

6

option under section 1075 of this title made

7

available to beneficiaries by reason of this section

8

and subject to the cost-sharing requirements set

9

forth in such section 1075.’’.

10

(b) TRICARE RETIRED RESERVE.—Section 1076e is

11 amended—
12
13
14
15
16
17
18
19

(1) In subsection (b), in the subsection heading,
by striking ‘‘RETIRED RESERVE’’;
(2) In subsection (c), by striking ‘‘Retired Reserve’’ the last place it appears; and
(3) in subsection (f), by striking paragraph (2)
and inserting the following:
‘‘(2) The term ‘TRICARE Retired Reserve’
means—

20

‘‘(A) medical care at facilities of the uni-

21

formed services to which a dependent described

22

in section 1076(a)(2) of this title is entitled; and

23

‘‘(B) health benefits under the TRICARE

24

Select self-managed, preferred provider network

25

option under section 1075 of this title made

† HR 2810 PAP

277
1

available to beneficiaries by reason of this section

2

and subject to the cost-sharing requirements set

3

forth in such section 1075.’’.

4

SEC. 703. MODIFICATION OF ELIGIBILITY FOR TRICARE RE-

5

SERVE SELECT AND TRICARE RETIRED RE-

6

SERVE OF CERTAIN MEMBERS OF THE RE-

7

SERVE COMPONENTS.

8

(a) TRICARE RESERVE SELECT.—Section 1076d(a)

9 of title 10, United States Code, is amended—
10

(1) in paragraph (1), by striking ‘‘(1) Except as

11

provided in paragraph (2), a member’’ and inserting

12

‘‘A member’’; and

13
14

(2) by striking paragraph (2).
(b) TRICARE RETIRED RESERVE.—Section 1076e(a)

15 of title 10, United States Code, is amended—
16

(1) in paragraph (1), by striking ‘‘(1) Except as

17

provided in paragraph (2), a member’’ and inserting

18

‘‘A member’’; and

19

(2) by striking paragraph (2).

20

SEC. 704. EXPEDITED EVALUATION AND TREATMENT FOR

21

PRENATAL SURGERY UNDER THE TRICARE

22

PROGRAM.

23

(a) IN GENERAL.—The Secretary of Defense shall im-

24 plement processes and procedures to ensure that a covered
25 beneficiary under the TRICARE program whose pregnancy

† HR 2810 PAP

278
1 is complicated with a fetal condition or suspected of being
2 complicated with a fetal condition receives, in an expedited
3 manner and at the discretion of the covered beneficiary,
4 evaluation, non-directive counseling, and treatment from a
5 perinatal or pediatric specialist capable of providing sur6 gical management and intervention in utero.
7

(b) DEFINITIONS.—In this section, the terms ‘‘covered

8 beneficiary’’ and ‘‘TRICARE program’’ have the meanings
9 given those terms in section 1072 of title 10, United States
10 Code.
11

SEC. 705. SPECIFICATION THAT INDIVIDUALS UNDER THE

12

AGE OF 21 ARE ELIGIBLE FOR HOSPICE CARE

13

SERVICES UNDER THE TRICARE PROGRAM.

14

Section 1079(a)(15) of title 10, United States Code,

15 is amended by inserting before the period at the end the
16 following: ‘‘, except that hospice care may be provided to
17 individuals under the age of 21’’.
18

SEC. 706. MODIFICATIONS OF COST-SHARING REQUIRE-

19

MENTS FOR THE TRICARE PHARMACY BENE-

20

FITS PROGRAM AND TREATMENT OF CERTAIN

21

PHARMACEUTICAL AGENTS.

22

(a) IN GENERAL.—Paragraph (6) of section 1074g(a)

23 of title 10, United States Code, is amended to read as fol24 lows:

† HR 2810 PAP

279
1

‘‘(6)(A) In the case of any of the years 2018 through

2 2026, the cost-sharing amounts under this subsection for eli3 gible covered beneficiaries shall be determined in accordance
4 with the following table:
The cost-sharing amount
for a 30-day
supply of a retail generic is:

The cost-sharing amount
for a 30-day
supply of a retail formulary
is:

2018

$10

$28

2019

$10

2020

The cost-sharing amount
for a 90-day
supply of a
mail order generic is:

The cost-sharing amount
for a 90-day
supply of a
mail order formulary is:

The cost-sharing amount
for a 90-day
supply of a
mail order
non-formulary
is:

$10

$28

$54

$30

$10

$30

$58

$10

$32

$10

$32

$62

2021

$11

$34

$11

$34

$66

2022

$11

$36

$11

$36

$70

2023

$11

$38

$11

$38

$75

2024

$12

$40

$12

$40

$80

2025

$13

$42

$13

$42

$85

2026

$14

$45

$14

$45

$90

‘‘For:

5

‘‘(B) For any year after 2026, the cost-sharing

6 amounts under this subsection for eligible covered bene7 ficiaries shall be equal to the cost-sharing amounts for the
8 previous year adjusted by an amount, if any, determined
9 by the Secretary to reflect changes in the costs of pharma10 ceutical agents and prescription dispensing, rounded to the
11 nearest dollar.
12

‘‘(C) Notwithstanding subparagraphs (A) and (B), the

13 cost-sharing amounts under this subsection for a dependent
14 of a member of the uniformed services who dies while on
15 active duty, a member retired under chapter 61 of this title,
† HR 2810 PAP

280
1 or a dependent of a member retired under such chapter shall
2 be equal to the cost-sharing amounts, if any, for 2017.’’.
3

(b)

TREATMENT

OF

CERTAIN

PHARMACEUTICAL

4 AGENTS.—
5

(1) PHARMACY

BENEFITS PROGRAM.—Such

sec-

6

tion is amended by adding at the end the following

7

new paragraph:

8

‘‘(10) Notwithstanding paragraphs (2), (5), and (6),

9 in order to encourage the use by covered beneficiaries of
10 pharmaceutical agents that provide the greatest value to
11 covered beneficiaries and the Department of Defense (as de12 termined by the Secretary, including considerations of bet13 ter care, healthier people, and smarter spending), the Sec14 retary may, upon the recommendation of the Pharmacy and
15 Therapeutics Committee established under subsection (b)
16 and review by the Uniform Formulary Beneficiary Advi17 sory Panel established under subsection (c)—
18

‘‘(A) exclude from the pharmacy benefits pro-

19

gram any pharmaceutical agent that the Secretary

20

determines provides very little or no value to covered

21

beneficiaries and the Department under the program;

22

and

23

‘‘(B) give preferential status to any non-generic

24

pharmaceutical agent on the uniform formulary by

25

treating it, for purposes of cost-sharing under para-

† HR 2810 PAP

281
1

graph (6), as a generic product under the TRICARE

2

retail pharmacy program and mail order pharmacy

3

program.’’.

4

(2) MEDICAL

CONTRACTS.—Section

1079 of such

5

title is amended by adding at the end the following

6

new subsection:

7

‘‘(q) In the case of any pharmaceutical agent (as de-

8 fined in section 1074g(g) of this title) provided under a con9 tract entered into under this section by a physician, in an
10 outpatient department of a hospital, or otherwise as part
11 of any medical services provided under such a contract, the
12 Secretary of Defense may, under regulations prescribed by
13 the Secretary, adopt special reimbursement methods,
14 amounts, and procedures to encourage the use of high-value
15 products and discourage the use of low-value products, as
16 determined by the Secretary.’’.
17

(3) REGULATIONS.—In order to implement expe-

18

ditiously the reforms authorized by the amendments

19

made by paragraphs (1) and (2), the Secretary of De-

20

fense may prescribe such changes to the regulations

21

implementing the TRICARE program (as defined in

22

section 1072 of title 10, United States Code) as the

23

Secretary considers appropriate—

24
25

(A) by prescribing an interim final rule;
and

† HR 2810 PAP

282
1

(B) not later than one year after pre-

2

scribing such interim final rule and considering

3

public comments with respect to such interim

4

final rule, by prescribing a final rule.

5

SEC. 707. CONSOLIDATION OF COST-SHARING REQUIRE-

6

MENTS

7

TRICARE PRIME.

8
9
10

UNDER

TRICARE

SELECT

AND

(a) TRICARE SELECT.—
(1) IN

GENERAL.—Section

1075 of title 10,

United States Code, is amended—

11

(A) in subsection (c), by striking para-

12

graphs (1) and (2) and inserting the following

13

new paragraphs:

14

‘‘(1) With respect to beneficiaries in the active-

15

duty family member category or the retired category

16

other than beneficiaries described in paragraph

17

(2)(B), the cost-sharing requirements shall be cal-

18

culated pursuant to subsection (d)(1).

19

‘‘(2)(A) With respect to beneficiaries described in

20

subparagraph (B) in the active-duty family member

21

category or the retired category, the cost-sharing re-

22

quirements shall be calculated as if the beneficiary

23

were enrolled in TRICARE Extra or TRICARE

24

Standard as if TRICARE Extra or TRICARE

† HR 2810 PAP

283
1

Standard, as the case may be, were still being carried

2

out by the Secretary.

3
4

‘‘(B) Beneficiaries described in this subparagraph are the following beneficiaries:

5

‘‘(i) Retired members and the family mem-

6

bers of such retired members covered by section

7

1086(c)(1) of this title by reason of being retired

8

under chapter 61 of this title or being a depend-

9

ent of such a retired member.

10
11

‘‘(ii)

Survivors

covered

by

section

1086(c)(2) of this title.’’;

12

(B) by striking subsection (e); and

13

(C) by redesignating subsections (f), (g),

14

and (h) as subsections (e), (f), and (g), respec-

15

tively.

16

(2)

CONFORMING

AMENDMENT.—Subsection

17

(d)(2) of such section is amended by striking ‘‘, and

18

the amounts specified under paragraphs (1) and (2)

19

of subsection (e),’’.

20

(b) TRICARE PRIME.—Section 1075a(a) of title 10,

21 United States Code, is amended—
22
23

(1) by striking paragraph (2) and inserting the
following new paragraph:

24

‘‘(2) With respect to beneficiaries in the active-

25

duty family member category or the retired category

† HR 2810 PAP

284
1

(as described in section 1075(b)(1) of this title) other

2

than beneficiaries described in paragraph (3)(B), the

3

cost-sharing requirements shall be calculated pursuant

4

to subsection (b)(1).’’; and

5
6
7
8

(2) in paragraph (3), by striking subparagraph
(B) and inserting the following new subparagraph:
‘‘(B) Beneficiaries described in this subparagraph are the following beneficiaries:

9

‘‘(i) Retired members and the family mem-

10

bers of such retired members covered by section

11

1086(c)(1) of this title by reason of being retired

12

under chapter 61 of this title or being a depend-

13

ent of such a retired member.

14
15
16

‘‘(ii)

Survivors

covered

by

section

1086(c)(2) of this title.’’.
(c) EFFECTIVE DATE.—The amendments made by this

17 section shall take effect on January 1, 2018.
18
19

SEC. 708. TRICARE TECHNICAL AMENDMENTS.

(a) DEFINITION

OF

TRICARE STANDARD.—Para-

20 graph (15) of section 1072 of title 10, United States Code,
21 is amended to read as follows:
22

‘‘(15) The term ‘TRICARE Standard’ means the

23

TRICARE program made available prior to January

24

1, 2018, covering health benefits contracted for under

25

the authority of section 1079(a) or 1086(a) of this

† HR 2810 PAP

285
1

title and subject to the same rates and conditions as

2

apply to persons covered under those sections.’’.

3

(b) COST-SHARING AMOUNTS.—

4

(1) TRICARE

5

(A)

SELECT.—

ALLOWANCE

OF

COST-SHARING

6

AMOUNTS

7

RETARY.—Subsection

8

title is amended by adding at the end the fol-

9

lowing new paragraph:

10

AS

DETERMINED

BY

THE

SEC-

(d) of section 1075 of such

‘‘(4) The cost-sharing requirements applicable to serv-

11 ices not specifically addressed in the table set forth in para12 graph (1) shall be established by the Secretary.’’.
13

(B) MODIFICATION

OF REFERENCE TO AM-

14

BULANCE CIVILIAN NETWORK.—Paragraph

15

such subsection is amended, in the first column

16

of the table, by striking ‘‘Ambulance civilian net-

17

work’’ and inserting ‘‘Ground ambulance civil-

18

ian network’’.

19

(2) TRICARE

20

(A)

(1) of

PRIME.—

ALLOWANCE

OF

COST-SHARING

21

AMOUNTS

22

RETARY.—Subsection

23

title is amended by adding at the end the fol-

24

lowing new paragraph:

† HR 2810 PAP

AS

DETERMINED

BY

THE

SEC-

(b) of section 1075a of such

286
1

‘‘(4) The cost-sharing requirements applicable to serv-

2 ices not specifically addressed in the table set forth in para3 graph (1) shall be established by the Secretary.’’.
4

(B) MODIFICATION

OF REFERENCE TO AM-

5

BULANCE CIVILIAN NETWORK.—Paragraph

6

such section is amended, in the first column of

7

the table, by striking ‘‘Ambulance civilian net-

8

work’’ and inserting ‘‘Ground ambulance civil-

9

ian network’’.

10

(1) of

(c) MEDICAL CARE FOR DEPENDENTS.—

11

(1) REFERENCE

TO MEDICALLY NECESSARY VITA-

12

MINS.—Paragraphs

13

such title are amended by striking ‘‘subsection (g)’’

14

each place it appears and inserting ‘‘subsection (h)’’.

(3) and (18) of section 1077(a) of

15

(2) ELIGIBILITY

16

HEARING AIDS.—Section

17

amended by striking ‘‘of former members of the uni-

18

formed services’’ and inserting ‘‘eligible for care under

19

this section’’.

20

(d)

MODIFICATION

OF DEPENDENTS TO PURCHASE

OF

1077(g) of such title is

REFERENCE

TO

FISCAL

21 YEAR.—
22

(1)

CONTRACTS

FOR

MEDICAL

CARE

FOR

23

SPOUSES AND CHILDREN.—Section

24

is amended by striking ‘‘fiscal year’’ each place it ap-

25

pears and inserting ‘‘calendar year’’.

† HR 2810 PAP

1079(b) such title

287
1

(2) CONTRACTS

FOR HEALTH BENEFITS FOR

2

CERTAIN MEMBERS, FORMER MEMBERS, AND THEIR

3

DEPENDENTS.—Section

4

amended by striking ‘‘fiscal year’’ each place it ap-

5

pears and inserting ‘‘calendar year’’.

6

(e)

REFERRALS

AND

1086(b) of such title is

PREAUTHORIZATIONS

FOR

7 TRICARE PRIME.—
8
9

(1) PREAUTHORIZATION

FOR CARE AT RESIDEN-

TIAL TREATMENT CENTERS.—Section

1095f(b) of such

10

title is amended by adding at the end the following

11

new paragraph:

12
13

‘‘(4) Inpatient care at a residential treatment
center.’’.

14

(2) REFERENCE.—Section 1075a(c) of such title

15

is amended by striking ‘‘section 1075f(a)’’ and insert-

16

ing ‘‘section 1095f(a)’’.

17

(f) APPLICABILITY

OF

PREMIUM

FOR

DEPENDENT

18 COVERAGE.—Section 1110b(c)(1) of such title is amended
19 by striking ‘‘section 1075 of this section’’ and inserting
20 ‘‘section 1075 or 1075a of this title, as appropriate’’.
21

SEC. 709. CONTRACEPTION COVERAGE PARITY UNDER THE

22
23

TRICARE PROGRAM.

(a) IN GENERAL.—Section 1074d of title 10, United

24 States Code, is amended—
25

(1) in subsection (a)—

† HR 2810 PAP

288
1

(A) in the subsection heading, by inserting

2

‘‘FOR MEMBERS

3

‘‘SERVICES AVAILABLE’’; and

4

AND

FORMER MEMBERS’’ after

(B) in paragraph (1), by striking ‘‘sub-

5

section (b)’’ and inserting ‘‘subsection (d)’’;

6

(2) by redesignating subsection (b) as subsection

7
8
9
10
11

(d); and
(3) by inserting after subsection (a) the following
new subsections:
‘‘(b) CARE RELATED
NANCY.—Female

TO

PREVENTION

OF

PREG-

covered beneficiaries shall be entitled to

12 care related to the prevention of pregnancy described in sub13 section (d)(3).
14

‘‘(c) PROHIBITION

ON

COST-SHARING

FOR

CERTAIN

15 SERVICES.—Notwithstanding section 1074g(a)(6), section
16 1075, or section 1075a of this title or any other provision
17 of law, cost-sharing may not be imposed or collected for care
18 related to the prevention of pregnancy provided pursuant
19 to subsection (a) or (b), including for any method of contra20 ception provided, whether provided through a facility of the
21 uniformed services, the TRICARE retail pharmacy pro22 gram, or the national mail-order pharmacy program.’’.
23
24

(b) CARE RELATED
NANCY.—Subsection

TO

PREVENTION

OF

PREG-

(d)(3) of such section, as redesignated

25 by subsection (a)(2), is further amended by inserting before

† HR 2810 PAP

289
1 the period at the end the following: ‘‘(including all methods
2 of contraception approved by the Food and Drug Adminis3 tration, contraceptive care (including with respect to inser4 tion, removal, and follow up), sterilization procedures, and
5 patient education and counseling in connection therewith)’’.
6

(c) CONFORMING AMENDMENT.—Section 1077(a)(13)

7 of such title is amended by striking ‘‘section 1074d(b)’’ and
8 inserting ‘‘section 1074d(d)’’.
9

(d) EFFECTIVE DATE.—The amendments made by this

10 section shall take effect on October 1, 2018.

12

Subtitle B—Health Care
Administration

13

SEC. 721. MODIFICATION OF PRIORITY FOR EVALUATION

14

AND TREATMENT OF INDIVIDUALS AT MILI-

15

TARY TREATMENT FACILITIES.

11

16

Subsection (b) of section 717 of the National Defense

17 Authorization Act for Fiscal Year 2017 (Public Law 114–
18 328) is amended to read as follows:
19
20

‘‘(b) PRIORITY OF COVERED BENEFICIARIES.—
‘‘(1) IN

GENERAL.—Except

as provided in para-

21

graph (2), the evaluation and treatment of covered

22

beneficiaries at military treatment facilities shall be

23

prioritized ahead of the evaluation and treatment of

24

veterans and civilians at such facilities under sub-

25

section (a).

† HR 2810 PAP

290
1

‘‘(2) WAIVER.—The Secretary may waive the re-

2

quirement under paragraph (1) in order to provide

3

timely evaluation and treatment for individuals who

4

are—

5
6

‘‘(A) severely wounded or injured by acts of
terror that occur in the United States; or

7

‘‘(B) residents of the United States who are

8

severely wounded or injured by acts of terror

9

outside the United States.’’.

10

SEC. 722. SELECTION OF DIRECTORS OF MILITARY TREAT-

11

MENT FACILITIES AND TOURS OF DUTY OF

12

SUCH DIRECTORS.

13

(a) IN GENERAL.—Not later than January 1, 2019,

14 the Secretary of Defense shall do the following:
15

(1) Develop the common qualifications and core

16

competencies required of military and civilian indi-

17

viduals for selection as directors of military treatment

18

facilities.

19

(2) Establish a minimum length for the tour of

20

duty of a member of the Armed Forces serving as a

21

director of a military treatment facility.

22

(b) QUALIFICATIONS AND COMPETENCIES.—

23

(1) STANDARDS.—In developing common quali-

24

fications and core competencies under subsection

† HR 2810 PAP

291
1

(a)(1), the Secretary shall include standards with re-

2

spect to the following:

3

(A) Professional competence.

4

(B) Moral and ethical integrity and char-

5

acter.

6
7

(C) Formal education in healthcare executive leadership and healthcare management.

8
9

(D) Such other matters as the Secretary
considers appropriate.

10

(2) OBJECTIVE.—The objective of the Secretary

11

in developing such qualifications and competencies

12

shall be to ensure that the individuals selected as di-

13

rectors of military treatment facilities are highly

14

qualified to serve as health system executives in a

15

medical treatment facility of the Armed Forces.

16

(c) TOURS OF DUTY.—

17

(1) IN

GENERAL.—Except

as provided in para-

18

graph (2), in the case of a director of a military

19

treatment facility who is a member of the Armed

20

Forces, the length of the tour of duty of any such di-

21

rector assigned to such position after January 1,

22

2019, may not be shorter than the longer of—

23
24

(A) the length established pursuant to subsection (a)(2); or

25

(B) three years.

† HR 2810 PAP

292
1

(2) WAIVER.—The Secretary may authorize a

2

tour of duty of a member of the Armed Forces serving

3

as a director of a military treatment facility of a

4

shorter length than is otherwise provided for in para-

5

graph (1) if the Secretary determines, in the discre-

6

tion of the Secretary, that there is good cause for a

7

tour of duty in such position of shorter length. Any

8

such determination shall be made on a case-by-case

9

basis.

10

SEC. 723. CLARIFICATION OF ADMINISTRATION OF MILI-

11
12

TARY MEDICAL TREATMENT FACILITIES.

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

13 amended—
14
15

(1) in paragraph (1)(E), by striking ‘‘miliary’’
and inserting ‘‘military’’;

16

(2) in paragraph (2), in the matter preceding

17

subparagraph (A), by striking ‘‘commander of each

18

military medical treatment facility’’ and inserting

19

‘‘military or civilian director of each military med-

20

ical treatment facility, under the authority, direction,

21

and control of the Director of the Defense Health

22

Agency,’’; and

23
24

(3) by adding at the end the following new paragraph:

† HR 2810 PAP

293
1

‘‘(4) If the Secretary of Defense determines it appro-

2 priate, a military director (or any other senior military
3 officer or officers) of a military medical treatment facility
4 may be a commanding officer for purposes of chapter 47
5 of this title (the Uniform Code of Military Justice) with
6 respect to military personnel assigned to the military med7 ical treatment facility.’’.
8

SEC. 724. MODIFICATION OF EXECUTION OF TRICARE CON-

9
10

TRACTING RESPONSIBILITIES.

Subsection (b) of section 705 of the National Defense

11 Authorization Act for Fiscal Year 2017 (Public Law 114–
12 328) is amended to read as follows:
13

‘‘(b) EXECUTION OF CONTRACTING RESPONSIBILITY.—

14 With respect to any acquisition of managed care support
15 services under the TRICARE program initiated after the
16 date of the enactment of the National Defense Authorization
17 Act for Fiscal Year 2018, the Under Secretary of Defense
18 for Acquisition and Sustainment shall serve as the author19 ity for decisions relating to such acquisition and shall be
20 responsible for approving the acquisition strategy and con21 ducting pre-solicitation, pre-award, and post-award acqui22 sition reviews.’’.

† HR 2810 PAP

294
1

SEC. 725. PILOT PROGRAM ON ESTABLISHMENT OF INTE-

2
3

GRATED HEALTH CARE DELIVERY SYSTEMS.

(a) IN GENERAL.—Beginning not later than one year

4 after the date of the enactment of this Act, the Secretary
5 of Defense, in consultation with the Secretary of Veterans
6 Affairs and the Secretary of Health and Human Services,
7 shall carry out a pilot program to establish integrated
8 health care delivery systems among the military health sys9 tem, other Federal health systems, and private sector inte10 grated health systems.
11

(b) DURATION

PILOT PROGRAM.—The Secretary of

OF

12 Defense shall carry out the pilot program for a period of
13 not less than five years.
14
15

(c) IMPLEMENTATION OF PILOT PROGRAM.—
(1) ESTABLISHMENT

OF TASK FORCE.—The

Sec-

16

retary shall establish a multi-disciplinary task force

17

of Federal and private sector health care experts (in

18

this section referred to as the ‘‘Task Force’’) to de-

19

velop a plan to implement the pilot program.

20

(2) MEMBERSHIP

21

(A) IN

OF TASK FORCE.—

GENERAL.—The

Task Force shall be

22

composed of senior health care representatives

23

from—

24

(i) the Department of Defense;

25

(ii) the Department of Veterans Af-

26

fairs;
† HR 2810 PAP

295
1

(iii) the Centers for Medicare & Med-

2

icaid Services;

3

(iv)

4

high-performance,

integrated

health systems in the private sector; and

5

(v) health information technology orga-

6

nizations in the private sector.

7

(B) ADDITIONAL

MEMBERS.—The

Secretary

8

may appoint additional members of the Task

9

Force from the private sector as the Secretary

10

considers appropriate.

11

(3) SUBMITTAL

OF PLAN.—Not

later than 180

12

days after the date of the enactment of this Act, the

13

Task Force shall submit to the Secretary an imple-

14

mentation plan for the pilot program.

15

(4) NONAPPLICABILITY

OF FEDERAL ADVISORY

16

COMMITTEE ACT.—The

17

Act (5 U.S.C. App.) shall not apply to the Task

18

Force.

19

(d) ELEMENTS.—The pilot program shall be developed

Federal Advisory Committee

20 and carried out as follows:
21
22

(1) To create high-value integrated health systems that—

23

(A) establish value-based models of reim-

24

bursement for health care providers in integrated

25

health care delivery systems to promote medical

† HR 2810 PAP

296
1

innovation and create better health value for pa-

2

tients;

3

(B) provide innovative health benefit design

4

solutions to promote effective, efficient, and af-

5

fordable health care; and

6

(C) tailor case management and care co-

7

ordination for high-need, high-cost patients.

8

(2) To empower health care providers with real-

9

time advanced information technology solutions—

10
11

(A) to coordinate and manage health care
services across the continuum of care; and

12

(B) to leverage sophisticated data capture,

13

cloud computing, and data analytical tools to

14

provide predictive modeling capabilities for

15

health care providers.

16

(3) To empower patients with transparent infor-

17

mation on health care costs, quality outcomes, and

18

safety within health care provider networks in high-

19

value integrated health systems.

20

(4) To provide incentives to patients and health

21

care providers to prevent overuse of low-value health

22

care services.

23

(e) REPORTS.—

24
25

(1) REPORT

ON IMPLEMENTATION.—Not

later

than 270 days after the date of the enactment of this

† HR 2810 PAP

297
1

Act, the Secretary shall transmit to the Committees

2

on Armed Services of the Senate and the House of

3

Representatives the implementation plan submitted to

4

the Secretary under subsection (c)(3).

5

(2) FINAL

6

REPORT.—

(A) IN

GENERAL.—Not

later than four

7

years after the date that the pilot program be-

8

gins, the Secretary shall submit to the Commit-

9

tees on Armed Services of the Senate and the

10

House of Representatives a report assessing the

11

pilot program.

12

(B)

ELEMENTS.—The

report

submitted

13

under subparagraph (A) shall provide the fol-

14

lowing:

15

(i) An analysis of the impact of the

16

pilot program on building sustainable inte-

17

grated health care delivery systems among

18

the military health system, other Federal

19

health systems, and private sector inte-

20

grated health systems.

21

(ii) A determination of the extent to

22

which value-based health care reimburse-

23

ment models create value for patients and

24

the health systems participating in the pilot

25

program.

† HR 2810 PAP

298
1

(iii) A determination of the extent to

2

which the use of real-time advanced infor-

3

mation technology solutions—

4

(I) improves coordination and

5

management of health care services

6

across the continuum of care; and

7

(II) leverages sophisticated data

8

capture, cloud computing, and data

9

analytical tools to provide comprehen-

10

sive predictive modeling capabilities

11

for health care providers.

12

(iv) A determination of the extent to

13

which transparency of health care costs,

14

health care quality outcomes, and patient

15

safety within health care provider networks

16

encourages patients to seek care from health

17

care providers who provide high-quality

18

health outcomes at lower cost.

19

(v) A determination of the extent to

20

which patient and provider incentives pre-

21

vent overuse of low-value health services.

22

(vi) A determination of the extent to

23

which the pilot program should be expanded

24

and implemented on a permanent basis.

† HR 2810 PAP

299

2

Subtitle C—Reports and Other
Matters

3

SEC. 731. EXTENSION OF AUTHORITY FOR JOINT DEPART-

4

MENT OF DEFENSE-DEPARTMENT OF VET-

5

ERANS

6

ONSTRATION FUND.

1

7

AFFAIRS

MEDICAL

FACILITY

DEM-

Section 1704(e) of the National Defense Authorization

8 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
9 2573), as amended by section 722 of the Carl Levin and
10 Howard P. ‘‘Buck’’ McKeon National Defense Authoriza11 tion Act for Fiscal Year 2015 (Public Law 113–291), sec12 tion 723 of the National Defense Authorization Act for Fis13 cal Year 2016 (Public Law 114–92), and section 741(a) of
14 the National Defense Authorization Act for Fiscal Year
15 2017 (Public Law 114–328), is further amended by striking
16 ‘‘September 30, 2018’’ and inserting ‘‘September 30, 2019’’.
17

SEC. 732. ADDITIONAL EMERGENCY USES FOR MEDICAL

18

PRODUCTS TO REDUCE DEATHS AND SEVER-

19

ITY OF INJURIES CAUSED BY AGENTS OF

20

WAR.

21

Section 1107a of title 10, United States Code, is

22 amended by adding at the end the following new subsection:
23
24

‘‘(d) ADDITIONAL AUTHORITY
AND

SEVERITY

OF

TO

INJURIES CAUSED

REDUCE DEATHS
BY

AGENTS

OF

25 WAR.—(1) In a case in which an emergency use of an un† HR 2810 PAP

300
1 approved product or an emergency unapproved use of an
2 approved product cannot be authorized under section 564
3 of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
4 360bbb–3) because the emergency does not involve an actual
5 or threatened attack with a biological, chemical, radio6 logical, or nuclear agent or agents, the Secretary of Defense
7 may authorize an emergency use outside the United States
8 of the product to reduce the number of deaths or the severity
9 of harm to members of the armed forces (or individuals as10 sociated with deployed members of the armed forces) caused
11 by a risk or agent of war.
12

‘‘(2) Except as otherwise provided in this subsection,

13 an authorization by the Secretary under paragraph (1)
14 shall have the same effect with respect to the armed forces
15 as an emergency use authorization under section 564 of the
16 Federal Food, Drug and Cosmetic Act (21 U.S.C. 360bbb–
17 3).
18

‘‘(3) The Secretary may issue an authorization under

19 paragraph (1) with respect to the emergency use of an un20 approved product or the emergency unapproved use of an
21 approved product only if—
22

‘‘(A) the committee established under paragraph

23

(5) has recommended that the Secretary issue the au-

24

thorization; and

† HR 2810 PAP

301
1

‘‘(B) the Assistant Secretary of Defense for

2

Health Affairs makes a written determination, after

3

consultation with the Commissioner of Food and

4

Drugs, that, based on the totality of scientific evidence

5

available to the Assistant Secretary, criteria com-

6

parable to those specified in section 564(c) of the Fed-

7

eral Food, Drug and Cosmetic Act (21 U.S.C.

8

360bbb–3(c)) have been met.

9

‘‘(4) With respect to the emergency use of an unap-

10 proved product or the emergency unapproved use of an ap11 proved product under this subsection, the Secretary of De12 fense shall establish such scope, conditions, and terms under
13 this subsection as the Secretary considers appropriate, in14 cluding scope, conditions, and terms comparable to those
15 specified in section 564 of the Federal Food, Drug and Cos16 metic Act (21 U.S.C. 360bbb–3).
17

‘‘(5)(A) There is established in the Department of De-

18 fense a Department of Defense Emergency Use Authoriza19 tion Committee (in this paragraph referred to as the ‘Com20 mittee’) to advise the Assistant Secretary of Defense for
21 Health Affairs on proposed authorizations under this sub22 section.
23

‘‘(B) Members of the Committee shall be appointed by

24 the Secretary of Defense and shall consist of prominent
25 health care professionals who are not employees of the De-

† HR 2810 PAP

302
1 partment of Defense (other than for purposes of serving as
2 a member of the Committee).
3

‘‘(C) The Committee may be established as a sub-

4 committee of another Federal advisory committee.
5

‘‘(6) In this subsection:

6

‘‘(A) The term ‘biological product’ has the mean-

7

ing given that term in section 351(i) of the Public

8

Health Service Act (42 U.S.C. 262(i)).

9

‘‘(B) The terms ‘device’ and ‘drug’ have the

10

meanings given those terms in section 201 of the Fed-

11

eral Food, Drug and Cosmetic Act (21 U.S.C. 321).

12

‘‘(C) The term ‘product’ means a drug, device, or

13

biological product.

14

‘‘(D) The terms ‘unapproved product’ and ‘unap-

15

proved use of an approved product’ have the mean-

16

ings given those terms in section 564(a)(4) of the Fed-

17

eral Food, Drug and Cosmetic Act (21 U.S.C.

18

360bbb–3(a)(4)).’’.

19

SEC. 733. PROHIBITION ON CONDUCT OF CERTAIN MEDICAL

20
21

RESEARCH AND DEVELOPMENT PROJECTS.

The Secretary of Defense and each Secretary of a mili-

22 tary department may not fund or conduct a medical re23 search and development project unless the Secretary funding
24 or conducting the project—

† HR 2810 PAP

303
1

(1) submits to the Committees on Armed Services

2

of the Senate and the House of Representatives a

3

written certification that the project is designed to di-

4

rectly protect, enhance, or restore the health and safe-

5

ty of members of the Armed Forces; and

6

(2) does not initiate the funding or conduct of

7

such project until the date that is 90 days after the

8

submittal of such written certification.

9

SEC. 734. MODIFICATION OF DETERMINATION OF AVERAGE

10

WAIT TIMES AT URGENT CARE CLINICS AND

11

PHARMACIES AT MILITARY MEDICAL TREAT-

12

MENT FACILITIES UNDER PILOT PROGRAM.

13

(a) URGENT CARE CLINICS.—Subsection (c)(2) of sec-

14 tion 744 of the National Defense Authorization Act for Fis15 cal Year 2017 (Public Law 114–328) is amended to read
16 as follows:
17

‘‘(2) DETERMINATION.—In carrying out para-

18

graph (1), the Secretary shall determine the average

19

wait time to display under such paragraph by using

20

a formula derived from best practices in the health

21

care industry.’’.

22

(b) PHARMACIES.—Subsection (d)(2) of such section is

23 amended to read as follows:
24

‘‘(2) DETERMINATION.—In carrying out para-

25

graph (1), the Secretary shall determine the average

† HR 2810 PAP

304
1

wait time to display under such paragraph by using

2

a formula derived from best practices in the health

3

care industry.’’.

4

SEC. 735. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE

5

AND RELATED SERVICES FOR CHILDREN OF

6

MEMBERS OF THE ARMED FORCES.

7

(a) IN GENERAL.—Not later than 180 days after the

8 date of the enactment of this Act, the Secretary of Defense
9 shall submit to the Committees on Armed Services of the
10 Senate and the House of Representatives a report setting
11 forth a plan of the Department of Defense to improve pedi12 atric care and related services for children of members of
13 the Armed Forces.
14

(b) ELEMENTS.—The report required by subsection (a)

15 shall include the following:
16

(1) In order to ensure that children receive devel-

17

opmentally-appropriate and age-appropriate health

18

care services from the Department, a plan to align

19

preventive pediatric care under the TRICARE pro-

20

gram with—

21

(A) standards for such care as required by

22

the Patient Protection and Affordable Care Act

23

(Public Law 111–148);

24

(B) guidelines established for such care by

25

the Early and Periodic Screening, Diagnosis,

† HR 2810 PAP

305
1

and Treatment program under the Medicaid pro-

2

gram carried out under title XIX of the Social

3

Security Act (42 U.S.C. 1396 et seq.); and

4

(C) recommendations by organizations that

5

specialize in pediatrics.

6

(2) A plan to develop a uniform definition of

7

‘‘pediatric medical necessity’’ for the Department that

8

aligns with recommendations of organizations that

9

specialize in pediatrics in order to ensure that a con-

10

sistent definition of such term is used in providing

11

health care in military treatment facilities and by

12

health care providers under the TRICARE program.

13

(3) A plan to revise certification requirements

14

for residential treatment centers of the Department to

15

expand the access of children of members of the Armed

16

Forces to services at such centers.

17

(4) A plan to develop measures to evaluate and

18

improve access to pediatric care, coordination of pedi-

19

atric care, and health outcomes for such children.

20

(5) A plan to include an assessment of access to

21

pediatric specialty care in the annual report to Con-

22

gress on the effectiveness of the TRICARE program.

23

(6) A plan to improve the quality of and access

24

to behavioral health care under the TRICARE pro-

25

gram for children of members of the Armed Forces,

† HR 2810 PAP

306
1

including intensive outpatient and partial hos-

2

pitalization services.

3

(7) A plan to mitigate the impact of permanent

4

changes of station and other service-related relocations

5

of members of the Armed Forces on the continuity of

6

health care services received by such children who

7

have special medical or behavioral health needs.

8

(8) A plan to mitigate deficiencies in data collec-

9

tion, data utilization, and data analysis to improve

10

pediatric care and related services for children of

11

members of the Armed Forces.

12

(c) TRICARE PROGRAM DEFINED.—In this section,

13 the term ‘‘TRICARE program’’ has the meaning given such
14 term in section 1072 of title 10, United States Code.
15

SEC. 736. INCLUSION OF GAMBLING DISORDER IN HEALTH

16

ASSESSMENTS AND RELATED RESEARCH EF-

17

FORTS OF THE DEPARTMENT OF DEFENSE.

18

(a) ANNUAL PERIODIC HEALTH ASSESSMENT.—The

19 Secretary of Defense shall incorporate medical screening
20 questions specific to gambling disorder into the Annual
21 Periodic Health Assessment (DD Form 3024) conducted by
22 the Department of Defense for members of the Armed Forces.
23

(b) RESEARCH EFFORTS.—The Secretary shall incor-

24 porate into ongoing research efforts of the Department ques25 tions on gambling disorder, as appropriate, including by

† HR 2810 PAP

307
1 restoring such questions into the Health Related Behaviors
2 Survey of Active Duty Military Personnel.
3

SEC. 737. FEASIBILITY STUDY ON CONDUCT OF PILOT PRO-

4

GRAM ON MENTAL HEALTH READINESS OF

5

PART-TIME MEMBERS OF THE RESERVE COM-

6

PONENTS OF THE ARMED FORCES.

7

(a) IN GENERAL.—Not later than one year after the

8 date of the enactment of this Act, the Secretary of Defense
9 shall conduct a feasibility study and cost estimate for a
10 pilot program that uses predictive analytics and screening
11 to identify mental health risk and provide early, targeted
12 intervention for part-time members of the reserve compo13 nents of the Armed Forces to improve readiness and mission
14 success.
15

(b) ELEMENTS.—The feasibility study conducted

16 under subsection (a) shall include elements to assess the fol17 lowing with respect to the pilot program studied under such
18 subsection:
19

(1) The anticipated improvement in quality of

20

behavioral health services for part-time members of

21

the reserve components of the Armed Forces and the

22

impact of such improvement in quality of behavioral

23

health services on their families and employers.

† HR 2810 PAP

308
1

(2) The anticipated impact on the culture sur-

2

rounding behavioral health treatment and help-seek-

3

ing behavior.

4
5

(3) The feasibility of embedding mental health
professionals with units that—

6

(A) perform core mission sets and capabili-

7

ties; and

8

(B) carry out high-risk and high-demand

9

missions.

10

(4) The particular preventative mental health

11

needs of units at different states of their operational

12

readiness cycle.

13

(5) The need for additional personnel of the De-

14

partment of Defense to implement the pilot program.

15

(6) The cost of implementing the pilot program

16

throughout the reserve components of the Armed

17

Forces.

18

(7) The benefits of an integrated operational

19

support team for the Air National Guard and Army

20

National Guard units.

21

(c) COMPARISON

22

SERVE

TO

FULL-TIME MEMBERS

OF

RE -

COMPONENTS.—As part of the feasibility study con-

23 ducted under subsection (a), the Secretary shall assess the
24 mental health risk of part-time members of the reserve com-

† HR 2810 PAP

309
1 ponents of the Armed Forces as compared to full-time mem2 bers of the reserve components of the Armed Forces.
3

(d) USE

OF

EXISTING MODELS.—In conducting the

4 feasibility study under subsection (a), the Secretary shall
5 make use of existing models for preventative mental health
6 care, to the extent practicable, such as the approach devel7 oped by the United States Air Force School of Aerospace
8 Medicine.

14

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A—Acquisition Policy and
Management

15

SEC. 801. REPEAL OF TEMPORARY SUSPENSION OF PUBLIC-

16

PRIVATE COMPETITIONS FOR CONVERSION

17

OF DEPARTMENT OF DEFENSE FUNCTIONS

18

TO PERFORMANCE BY CONTRACTORS.

19

Effective as of the date that is one year after the date

9
10
11
12
13

20 of the enactment of this Act, section 325 of the National
21 Defense Authorization Act for Fiscal Year 2010 (Public
22 Law 111–84; 123 Stat. 2253) is repealed.

† HR 2810 PAP

310
1

SEC. 802. TECHNICAL AND CONFORMING AMENDMENTS RE-

2

LATED TO PROGRAM MANAGEMENT PROVI-

3

SIONS.

4

(a) REPEAL

5 PROGRAM

AND

OF

DUPLICATIVE PROVISION RELATED

TO

PROJECT MANAGEMENT.—Subsection (c) of

6 section 503 of title 31, United States Code, as added by
7 section 861(a)(1) of the National Defense Authorization Act
8 for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
9 2298), is repealed.
10

(b) REPEAL

OF

DUPLICATIVE PROVISION RELATED

11 PROGRAM MANAGEMENT OFFICERS
12

AGEMENT

AND

TO

PROGRAM MAN-

POLICY COUNCIL.—Section 1126 of title 31,

13 United States Code, as added by section 861(b)(1) of the
14 National Defense Authorization Act for Fiscal Year 2017
15 (Public Law 114–328; 130 Stat. 2299), is repealed.
16

(c) REPEAL

OF

OBSOLETE PROVISIONS.—Section 861

17 of the National Defense Authorization Act for Fiscal Year
18 2017 (Public Law 114–328; 130 Stat. 2299) is amended—
19
20

(1) in subsection (a), by striking paragraphs (2)
and (3);

21
22
23
24
25

(2) in subsection (b), by striking paragraph (2);
and
(3) by striking subsections (c) and (d).
SEC. 803. SHOULD-COST MANAGEMENT.

(a) REQUIREMENT

FOR

REGULATIONS.—Not later

26 than 180 days after the date of the enactment of this Act,
† HR 2810 PAP

311
1 the Secretary of Defense shall amend the Defense Supple2 ment to the Federal Acquisition Regulation to provide for
3 the appropriate use of the should-cost review process in a
4 manner that is transparent, objective, and provides for the
5 efficiency of the systems acquisition process in the Depart6 ment of the Defense.
7

(b) REQUIRED ELEMENTS.—The regulations required

8 under subsection (a) shall incorporate, at a minimum, the
9 following elements:
10

(1) A description of the features distinguishing a

11

should-cost review and the analysis of program direct

12

and indirect costs.

13

(2) Establishment of a process for commu-

14

nicating with the contractor the elements of a pro-

15

posed should-cost review.

16

(3) A method for ensuring that identified should-

17

cost savings opportunities are based on accurate, com-

18

plete, and current information and are associated

19

with specific engineering or business changes that can

20

be quantified and tracked.

21

(4) A description of the training, skills, and ex-

22

perience, including cross functional experience, that

23

Department of Defense and contractor officials car-

24

rying out a should-cost review in subsection (a)

25

should possess.

† HR 2810 PAP

312
1

(5) A method for ensuring appropriate collabora-

2

tion with the contractor throughout the review proc-

3

ess.

4

(6) Establishment of review process requirements

5

that provide for sufficient analysis and minimize any

6

impact on program schedule.

7

(7) A requirement that any separate audit or re-

8

view carried out in connection with the should-cost

9

review be provided to the prime contractor under the

10
11

program.
SEC. 804. CLARIFICATION OF PURPOSE OF DEFENSE ACQUI-

12
13

SITION.

Not later than 180 days after the date of the enactment

14 of this Act, the Secretary of Defense shall amend the Defense
15 Federal Acquisition Regulation as appropriate to provide
16 the following:
17

(1) The Defense Acquisition System exists to

18

manage the nation’s investments in technologies, pro-

19

grams, and product support necessary to achieve the

20

National Security Strategy and support the United

21

States Armed Forces.

22

(2) The investment strategy of the Department of

23

Defense shall be postured to support not only today’s

24

force, but also the next force, and future forces beyond

25

that.

† HR 2810 PAP

313
1

(3) The primary objective of Defense acquisition

2

is to acquire quality products that satisfy user needs

3

with measurable improvements to mission capability

4

and operational support, in a timely manner, and at

5

a fair and reasonable price.

6

SEC. 805. DEFENSE POLICY ADVISORY COMMITTEE ON

7
8

TECHNOLOGY.

(a) ESTABLISHMENT.—Not later than 180 days after

9 the date of the enactment of this Act, the Secretary of De10 fense shall form a committee of senior executives from
11 United States firms in the national technology and indus12 trial base to meet with the Secretary, the Secretaries of the
13 military departments, and members of the Joint Chiefs of
14 Staff to exchange information, including, as appropriate,
15 classified information, on technology threats to the national
16 security of the United States and on the emerging tech17 nologies from the national technology and industrial base
18 that may become available to counter such threats in a
19 timely manner.
20

(b) MEETINGS.—The defense policy advisory com-

21 mittee on technology formed pursuant to subsection (a) shall
22 meet with the Secretary and the other Department of De23 fense officials specified in such subsection collectively at
24 least once annually in each of fiscal years 2018 through

† HR 2810 PAP

314
1 2022. The Secretary of Defense shall provide the congres2 sional defense committees annual briefings on the meetings.
3

(c) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-

4 eral Advisory Committee Act (5 U.S.C. App.) shall not
5 apply to the defense policy advisory committee on tech6 nology established pursuant to this section.
7

SEC. 806. REPORT ON EXTENSION OF DEVELOPMENT, AC-

8

QUISITION, AND SUSTAINMENT AUTHORITIES

9

OF THE MILITARY DEPARTMENTS TO THE

10

UNITED STATES SPECIAL OPERATIONS COM-

11

MAND.

12

(a) REVIEW.—The Secretary of Defense shall carry out

13 a review of the authorities available to the Secretaries of
14 the military departments and the acquisition executives of
15 the military departments for the development, acquisition,
16 and sustainment of technology, equipment, and services for
17 the military departments in order to determine the feasi18 bility and advisability of the provision of such authorities
19 to the Commander of the United States Special Operations
20 Command and the acquisition executive of the Command
21 for the development, acquisition, and sustainment of special
22 operations-peculiar technology, equipment, and services.
23

(b) REPORT.—Not later than 120 days after the date

24 of the enactment of this Act, the Secretary shall submit to
25 the Committees on Armed Services of the Senate and the

† HR 2810 PAP

315
1 House of Representatives a report on the review required
2 by subsection (a). The report shall include the following:
3

(1) A description of the review.

4

(2) An identification of the authorities the Sec-

5

retary recommends for provision to the Commander of

6

the United States Special Operations Command and

7

the acquisition executive of the Command as described

8

in subsection (a), and recommendations for any

9

modifications of such authorities that the Secretary

10

considers appropriate for purposes of the United

11

States Special Operations Command.

12

(3) Such recommendations for legislative or ad-

13

ministrative action as the Secretary considers appro-

14

priate for the provision of authorities identified pur-

15

suant to paragraph (2) as described in subsection (a).

16

(4) Such other matters as the Secretary considers

17
18

appropriate in light of the review.
SEC. 807. ENSURING TRANSPARENCY IN ACQUISITION PRO-

19
20

GRAMS.

(a) IN GENERAL.—The Secretary of Defense shall es-

21 tablish and implement a policy that will ensure the acquisi22 tion programs of major systems establish cost, schedule, and
23 performance goals at the onset of the program. The policy
24 shall also ensure that acquisition programs of major sys-

† HR 2810 PAP

316
1 tems report on the original cost, schedule, and performance
2 goals throughout the program to ensure transparency.
3

(b) MAJOR SYSTEM DEFINED.—In this section, the

4 term ‘‘major system’’ has the meaning given the term in
5 section 2302d of title 10, United States Code.

8

Subtitle B—Amendments to General
Contracting Authorities, Procedures, and Limitations

9

SEC. 811. WAIVER AUTHORITY FOR PURPOSES OF EXPAND-

6
7

10
11

ING COMPETITION.

Section 2304 of title 10, United States Code, is amend-

12 ed by adding at the end the following new subsection:
13

‘‘(m) In the event the application of any provision of

14 law results in only one responsible bidder for a contract,
15 the Secretary of Defense may waive such provision of law
16 (other than subsection (c)) for purposes of expanding com17 petition for the contract.’’.
18

SEC. 812. INCREASED SIMPLIFIED ACQUISITION THRESH-

19

OLD APPLICABLE TO DEPARTMENT OF DE-

20

FENSE PROCUREMENTS.

21
22
23

(a) INCREASED SIMPLIFIED ACQUISITION THRESHOLD.—

(1) IN

GENERAL.—Chapter

137 of title 10,

24

United States Code, is amended by adding at the end

25

the following new section:

† HR 2810 PAP

317
1 ‘‘§ 2339a. Simplified acquisition threshold
2

‘‘Notwithstanding section 134 of title 41, the simplified

3 acquisition threshold for the Department of Defense for pur4 poses of such section is $250,000.’’.
5

(2) CLERICAL

AMENDMENT.—The

table of sec-

6

tions at the beginning of such chapter is amended by

7

adding at the end the following new item:
‘‘2339a. Simplified acquisition threshold.’’.

8

(b) CONFORMING AMENDMENT.—Section 134 of title

9 41, United States Code, is amended by striking ‘‘In division
10 B’’ and inserting ‘‘Except as provided in section 2339a of
11 title 10, in division B’’.
12

SEC. 813. INCREASED THRESHOLD FOR COST OR PRICING

13

DATA AND TRUTH IN NEGOTIATIONS RE-

14

QUIREMENTS.

15

Section 2306a of title 10, United States Code, is

16 amended by striking ‘‘$500,000’’ each place it appears and
17 inserting ‘‘$1,000,000’’.
18

SEC. 814. CONTRACT AUTHORITY FOR ADVANCED DEVELOP-

19

MENT OF INITIAL OR ADDITIONAL PROTO-

20

TYPE UNITS.

21
22

(a) PERMANENT AUTHORITY.—
(1) IN

GENERAL.—Chapter

137 of title 10,

23

United States Code, is amended by inserting after sec-

24

tion 2302d the following new section:

† HR 2810 PAP

318
1 ‘‘§ 2302e. Contract authority for advanced develop2

ment of initial or additional prototype

3

units

4

‘‘(a) AUTHORITY.—A contract initially awarded from

5 the competitive selection of a proposal resulting from a gen6 eral solicitation referred to in section 2302(2)(B) of this
7 title may contain a contract line item or contract option
8 for—
9

‘‘(1) the provision of advanced component devel-

10

opment, prototype, or initial production of technology

11

developed under the contract; or

12

‘‘(2) the delivery of initial or additional items if

13

the item or a prototype thereof is created as the result

14

of work performed under the contract.

15

‘‘(b) LIMITATIONS.—

16

‘‘(1) MINIMAL

AMOUNT.—A

contract line item or

17

contract option described in subsection (a)(2) shall re-

18

quire the delivery of the minimal amount of initial

19

or additional items to allow for the timely competi-

20

tive solicitation and award of a follow-on develop-

21

ment or production contract for those items.

22

‘‘(2) TERM.—A contract line item or contract

23

option described in subsection (a) shall be for a term

24

of not more than 2 years.

25

‘‘(3) DOLLAR

26

VALUE

OF

WORK.—The

dollar

value of the work to be performed pursuant to a con† HR 2810 PAP

319
1

tract line item or contract option described in sub-

2

section (a) may not exceed the amount of expenditure

3

consistent with a major system, as defined in section

4

2302d of this title.

5

‘‘(4) APPLICABILITY.—The authority provided in

6

subsection (a) applies only to the Secretary of De-

7

fense, the Secretary of the Army, the Secretary of the

8

Navy, and the Secretary of the Air Force.’’.

9

(2) CLERICAL

AMENDMENT.—The

table of sec-

10

tions at the beginning of such chapter is amended by

11

inserting after the item relating to section 2302d the

12

following new item:
‘‘2302e. Contract authority for advanced development of initial or additional prototype units.’’.

13

(b) MODIFICATION

OF

COMPETITIVE PROCEDURES

14 DEFINITION.—Section 2302(2)(B) of title 10, United States
15 Code, is amended by striking ‘‘basic research proposals’’
16 and inserting ‘‘proposals for basic research, applied re17 search, advanced research, or development projects’’.
18

(c) REPEAL

OF

OBSOLETE AUTHORITY.—Section 819

19 of the National Defense Authorization Act for Fiscal Year
20 2010 (Public Law 107–314; 10 U.S.C. 2302 note) is hereby
21 repealed.

† HR 2810 PAP

320
1

SEC. 815. TREATMENT OF INDEPENDENT RESEARCH AND

2

DEVELOPMENT

3

TRACTS.

4

ON

CERTAIN

CON-

(a) THRESHOLD FOR ESTABLISHING ADVISORY PANEL

5 RELATED
6

COSTS

POSAL

TO

GOAL

FOR

REIMBURSABLE BID

AND

PRO-

COSTS.—Section 2372a(d)(1) of title 10, United

7 States Code, as added by section 824(b)(1) of the National
8 Defense Authorization Act for Fiscal Year 2017 (Public
9 Law 114–328), is amended by striking ‘‘If the Department
10 of Defense exceeds the goal established under subsection (c)
11 for a fiscal year, within 180 days after exceeding the goal’’
12 and inserting ‘‘If the amount of reimbursable bid and pro13 posal costs paid by the Department of Defense for a fiscal
14 year exceeds .75 percent of the total aggregate industry sales
15 to the Department for such fiscal year, within 180 days
16 of exceeding such threshold’’.
17

(b) INDEPENDENT RESEARCH

AND

DEVELOPMENT

18 COSTS: ALLOWABLE COSTS.—Section 2372(d) of title 10,
19 United States Code, as amended by section 824(a)(1) of the
20 National Defense Authorization Act for Fiscal Year 2017
21 (Public Law 114–328), is further amended by striking ‘‘sub22 section (c)(3)(A)’’ and inserting ‘‘subsection (c)(2)(A)’’.
23
24

SEC. 816. NON-TRADITIONAL CONTRACTOR DEFINITION.

Section 2302(9) of title 10, United States Code, is

25 amended by striking ‘‘means an entity that is not currently
26 performing’’ and inserting ‘‘means a specific business unit
† HR 2810 PAP

321
1 or function with a unique entity identifier that is not cur2 rently performing’’.
3

SEC. 817. REPEAL OF DOMESTIC SOURCE RESTRICTION RE-

4

LATED TO WEARABLE ELECTRONICS.

5

Section 2533a(b)(2) of title 10, United States Code, is

6 amended by inserting ‘‘(excluding wearable electronics)’’
7 after ‘‘Hand or measuring tools’’.
8

SEC. 818. USE OF OUTCOME-BASED AND PERFORMANCE-

9

BASED REQUIREMENTS FOR SERVICES CON-

10
11
12

TRACTS.

(a) JUSTIFICATION REQUIREMENT
SONNEL AND

FOR

USE

OF

PER-

LABOR HOUR REQUIREMENTS.—The Depart-

13 ment of Defense may not enter into a contract for the pro14 curement of services valued in excess of $10,000,000 based
15 on specific descriptive personnel and labor hour require16 ments unless the program manager and contracting officer
17 first submit to the Under Secretary of Defense for Acquisi18 tion and Sustainment a written justification including the
19 reasons for basing the contract on those requirements in20 stead of outcome- or performance-based requirements.
21

(b) COMPTROLLER GENERAL REPORT.—Not later than

22 two years after the date of the enactment of this Act, the
23 Comptroller General of the United States shall submit to
24 the congressional defense committees a report on justifica25 tions submitted pursuant to subsection (a). The report shall

† HR 2810 PAP

322
1 review the adequacy of the justifications and identify any
2 reoccurring obstacles to the use of outcome- and perform3 ance-based requirements instead of specified personnel and
4 labor hour requirements for purposes of awarding services
5 contracts.
6

(c) SUNSET.—The requirements under this section

7 shall terminate at the close of September 30, 2022.
8

SEC. 819. PILOT PROGRAM FOR LONGER TERM MULTIYEAR

9
10

SERVICE CONTRACTS.

(a) IN GENERAL.—The Secretary of Defense may use

11 the authority under subsection (a) of section 2306c of title
12 10, United States Code, to enter into up to five contracts
13 for periods of not more than 10 years for services described
14 in subsection (b) of such section. Each contract entered into
15 pursuant to this subsection may be extended for up to five
16 additional one-year terms.
17
18

(b) STUDY.—
(1) IN

GENERAL.—Not

later than 90 days after

19

the date of enactment of this Act, the Secretary of De-

20

fense shall enter into an agreement with an inde-

21

pendent organization with relevant expertise to study

22

best practices and lessons learned from using services

23

contracts for periods longer than five years by com-

24

mercial companies, foreign governments, and State

25

governments, as well as service contracts for periods

† HR 2810 PAP

323
1

longer than five years used by the Federal Govern-

2

ment, such as Energy Savings Performance Con-

3

tracts.

4

(2) REPORT.—Not later than one year after the

5

date of the enactment of this Act, the Secretary of De-

6

fense shall submit to the congressional defense com-

7

mittees a report on the study conducted under para-

8

graph (1).

9

(c) COMPTROLLER GENERAL REPORT.—Not later than

10 two years after the date of the enactment of this Act, the
11 Comptroller General of the United States shall submit to
12 the congressional defense committees a report on the pilot
13 program carried out under this section.
14
15

SEC. 820. IDENTIFICATION OF COMMERCIAL SERVICES.

Section 876 of the National Defense Authorization Act

16 for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2311)
17 is amended—
18
19

(1) by striking ‘‘Not later than’’ and inserting
‘‘(a) IN GENERAL.—Not later than’’; and

20

(2) by adding at the end the following new sub-

21

section:

22

‘‘(b)

23

EGORIES.—In

IDENTIFICATION

OF

INDUSTRY

SUBCAT-

preparing the guidance required under sub-

24 section (a), the Secretary shall identify those industry sub25 categories in facilities-related services, knowledge-based

† HR 2810 PAP

324
1 services (except engineering services), construction services,
2 medical services, or transportation services in which there
3 are significant numbers of commercial services providers
4 able to meet the requirements of the Department of De5 fense.’’.
6

SEC. 821. GOVERNMENT ACCOUNTABILITY OFFICE BID PRO-

7
8

TEST REFORMS.

(a) IN GENERAL.—Chapter 137 of title 10, United

9 States Code, as amended by section 812, is further amended
10 by adding at the end the following new section:
11 ‘‘§ 2340. Government Accountability Office bid protests
12
13

‘‘(a) PAYMENT
‘‘(1) IN

OF

COSTS

GENERAL.—A

FOR

DENIED PROTESTS.—

contractor who files a pro-

14

test described under paragraph (2) with the Govern-

15

ment Accountability Office on a contract with the De-

16

partment of Defense shall pay to the Department of

17

Defense costs incurred for processing a protest at the

18

Government Accountability Office and the Depart-

19

ment of Defense.

20
21

‘‘(2) COVERED

PROTESTS.—A

protest described

under this paragraph is a protest—

22

‘‘(A) all of the elements of which are denied

23

in an opinion issued by the Government Ac-

24

countability Office; and

† HR 2810 PAP

325
1
2
3

‘‘(B) filed by a party with revenues in excess of $100,000,000 during the previous year.
‘‘(b) WITHHOLDING

OF

PAYMENTS ABOVE INCURRED

4 COSTS OF INCUMBENT CONTRACTORS.—
5

‘‘(1) IN

GENERAL.—Contractors

who file a pro-

6

test on a contract on which they are the incumbent

7

contractor shall have all payments above incurred

8

costs withheld on any bridge contracts or temporary

9

contract extensions awarded to the contractor as a re-

10

sult of a delay in award resulting from the filing of

11

such protest.

12
13

‘‘(2) DISPOSITION

OF

WITHHELD

PAYMENTS

ABOVE INCURRED COSTS.—

14

‘‘(A)

15

TRACTOR.—All

16

a protesting incumbent contractor withheld pur-

17

suant to paragraph (1) shall be released to the

18

protesting incumbent contractor if—

RELEASE

TO

INCUMBENT

CON-

payments above incurred costs of

19

‘‘(i) the solicitation that is the subject

20

of the protest is cancelled and no subsequent

21

request for proposal is released or planned

22

for release; or

23

‘‘(ii) if the Government Accountability

24

Office issues an opinion that upholds any of

25

the protest grounds filed under the protest.

† HR 2810 PAP

326
1

‘‘(B) RELEASE

TO AWARDEE.—Except

for

2

the exceptions set forth in subparagraph (A), all

3

payments above incurred costs of a protesting in-

4

cumbent contractor withheld pursuant to para-

5

graph (1) shall be released to the contractor that

6

was awarded the protested contract prior to the

7

protest.

8

‘‘(C) RELEASE

TO DEPARTMENT OF DE-

9

FENSE IN EVENT OF NO CONTRACT AWARD.—Ex-

10

cept for the exceptions set forth in subparagraph

11

(A), if a protested contract for which payments

12

above incurred costs are withheld under para-

13

graph (1) is not awarded to a contractor, the

14

withheld payments shall be released to the De-

15

partment of Defense and deposited into an ac-

16

count that can be used by the Department to off-

17

set costs associated with Government Account-

18

ability Office bid protests.’’.

19

(b) CLERICAL AMENDMENT.—The table of sections for

20 such chapter, as amended by section 812(a)(2) of this Act,
21 is further amended by inserting after the item relating to
22 section 2339a the following new item:
‘‘2340. Government Accountability Office bid protests.’’.

23
24

SEC. 822. ENHANCED POST-AWARD DEBRIEFING RIGHTS.

(a) RELEASE

OF

CONTRACT AWARD INFORMATION.—

25 Not later than 120 days after the date of the enactment of
† HR 2810 PAP

327
1 this Act, the Secretary of Defense shall revise the Depart2 ment of Defense Supplement to the Federal Acquisition Reg3 ulation to require that all required post-award debriefings
4 must provide detailed and comprehensive statements of the
5 agency’s rating for each evaluation criteria and of the agen6 cy’s overall award decision. With regard to protecting the
7 confidential and proprietary information of other offerors,
8 the revision shall encourage the release to the company of
9 all information that otherwise would be releaseable in the
10 course of a bid protest challenge to an award. At a min11 imum, the revisions shall include—
12

(1) a requirement for disclosure of the agency’s

13

written source selection award determination, re-

14

dacted if necessary to protect other offerors’ confiden-

15

tial and proprietary information;

16

(2) a requirement for a combined written and

17

oral debriefing for all contract awards and task or de-

18

livery orders valued at $10,000,000 or higher;

19

(3) a requirement for an option, at an offerors’

20

election, for access to an unredacted copy of the source

21

selection award determination and the supporting

22

agency record for outside counsel or other appropriate

23

outside representative for all contract awards and

24

task or delivery orders valued at $10,000,000 or high-

25

er;

† HR 2810 PAP

328
1

(4) provisions ensuring that both losing and

2

winning offerors are entitled to the applicable en-

3

hanced post-award debriefing rights; and

4

(5) robust procedures, consistent with section

5

2305(b)(5)(C) of title 10, United States Code, and sec-

6

tion 15.506(e) of the Federal Acquisition Regulation,

7

to protect the confidential and proprietary informa-

8

tion of other offerors.

9

(b) OPPORTUNITY

FOR

FOLLOW-UP QUESTIONS.—Sec-

10 tion 2305(b)(5) of title 10, United States Code, is amend11 ed—
12

(1) by redesignating subparagraphs (C), (D),

13

and (E) as subparagraphs (D), (E), and (F), respec-

14

tively;

15

(2) in subparagraph (B)—

16
17

(A) in clause (v), by striking ‘‘; and’’ and
inserting a semicolon;

18
19

(B) in clause (vi), by striking the period at
the end and inserting ‘‘; and’’; and

20
21

(C) by adding at the end the following new
clause:

22

‘‘(vii) an opportunity for a disappointed of-

23

feror to submit within two business days of re-

24

ceiving a post-award debriefing additional, fol-

25

low-up questions related to the debriefing.’’; and

† HR 2810 PAP

329
1
2

(3) by inserting after subparagraph (B) the following new subparagraph:

3

‘‘(C) The agency shall respond in writing to ad-

4

ditional, follow-up questions submitted under sub-

5

paragraph (B) within five business days. The debrief-

6

ing will not be considered concluded until the agency

7

delivers its written responses to the disappointed of-

8

feror.’’.

9

(c) COMMENCEMENT

OF

POST-BRIEFING PERIOD.—

10 Section 3553(d)(4) of title 31, United States Code, is
11 amended—
12
13
14
15
16
17

(1) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii) respectively;
(2) by striking ‘‘The period’’ and inserting ‘‘(A)
The period’’; and
(3) by adding at the end the following new subparagraph:

18

‘‘(B) For procurements conducted by any compo-

19

nent of the Department of Defense, the five-day post-

20

debriefing period does not commence until the day the

21

Government delivers to a disappointed offeror the

22

written responses to any questions submitted pursu-

23

ant to section 2305(5)(B)(vii) of title 10.’’.

24

(d) DECISIONS

ON

PROTESTS.—Section 3554(a)(1) of

25 title 31, United States Code, is amended by striking the

† HR 2810 PAP

330
1 period at the end and inserting the following: ‘‘for all pro2 tests arising from agencies outside the Department of De3 fense and within 65 days after the date the protest is sub4 mitted to the Comptroller General for all protests arising
5 from the Department of Defense and its subordinate agen6 cies. In protests arising from the Department of Defense
7 and its subordinate agencies which present unusually com8 plex issues or large agency records, the Comptroller General
9 may extend the time for decision but in no event later than
10 100 days after the protest is submitted.’’.
11

SEC. 823. LIMITATION ON UNILATERAL DEFINITIZATION.

12

(a) LIMITATION.—Section 2326 of title 10, United

13 States Code, is amended—
14

(1) by redesignating subsections (c), (d), (e), (f),

15

(g), (h), and (i) as subsections (d), (e), (f), (g), (h),

16

(i), and (j) respectively; and

17

(2) by inserting after subsection (b) the following

18

new subsection:

19

‘‘(c) LIMITATION

20

THE

ON

UNILATERAL DEFINITIZATION

BY

CONTRACTING OFFICER.—The following limitation ap-

21 plies to all undefinitized contractual actions with a not to
22 exceed value of $50,000,000 or greater:
23

‘‘(1) If agreement is not reached on contractual

24

terms, specifications, and price by a date certain, as

25

required under subsection (b)(1), the contracting offi-

† HR 2810 PAP

331
1

cer may not unilaterally definitize those terms, speci-

2

fications and price over the objection of the contractor

3

until—

4
5

‘‘(A) the head of the agency approves the
definitization in writing;

6
7

‘‘(B) the contracting officer provides the
written approval to the contractor; and

8
9

‘‘(C) the head of the agency notifies the congressional defense committees of the approval.

10

‘‘(2) The contract modification unilaterally de-

11

finitizing the action shall not take effect until 60 cal-

12

endar days after the congressional defense committees

13

have been notified under subparagraph (C) of such

14

paragraph.’’.

15

(b) CONFORMING REGULATIONS.—Not later than 120

16 days after the date of the enactment of this Act, the Sec17 retary of Defense shall revise the Department of Defense
18 Supplement to the Federal Acquisition Regulations to con19 form with the amendments made by subsection (a).

† HR 2810 PAP

332
1

SEC. 824. RESTRICTION ON USE OF REVERSE AUCTIONS

2

AND LOWEST PRICE TECHNICALLY ACCEPT-

3

ABLE CONTRACTING METHODS FOR SAFETY

4

EQUIPMENT.

5

(a) IN GENERAL.—Section 814 of the National Defense

6 Authorization Act for Fiscal Year 2017 (Public Law 114–
7 328) is amended—
8
9
10
11

(1) in the section heading, by inserting ‘‘AND
SAFETY EQUIPMENT’’
TIVE EQUIPMENT’’;

after ‘‘PERSONAL

PROTEC-

and

(2) by inserting ‘‘and safety equipment’’ after

12

‘‘personal protective equipment’’.

13

(b) CONFORMING AMENDMENTS.—The tables of sec-

14 tions in section 2(b) of such Act and at the beginning of
15 title VIII of such Act are amended in the item relating to
16 section 814 by inserting ‘‘and safety equipment’’ after ‘‘per17 sonal protective equipment’’.
18

SEC. 825. USE OF LOWEST PRICE TECHNICALLY ACCEPT-

19
20

ABLE SOURCE SELECTION PROCESS.

(a) ADDITIONAL REQUIREMENTS.—Subsection (b) of

21 section 813 of the National Defense Authorization Act for
22 Fiscal Year 2017 (Public Law 114–328) is amended—
23
24
25
26

(1) in paragraph (5), by striking ‘‘; and’’ and
inserting a semicolon;
(2) in paragraph (6), by striking the period at
the end and inserting a semicolon; and
† HR 2810 PAP

333
1
2

(3) by adding at the end the following new paragraphs:

3

‘‘(7) the Department of Defense would not realize

4

any additional innovation or future technological ad-

5

vantage by using a different methodology; and

6

‘‘(8) the items procured are predominantly ex-

7

pendable in nature, non-technical, or a short life ex-

8

pectancy or short shelf life.’’.

9

(b) REPORTING REQUIREMENT.—Subsection (d) of

10 such section is amended by striking ‘‘contract exceeding
11 $10,000,000’’

and

inserting

‘‘contract

exceeding

12 $5,000,000’’.
13

SEC. 826. MIDDLE TIER OF ACQUISITION FOR RAPID PROTO-

14
15

TYPE AND RAPID FIELDING.

(a) ELIMINATION

OF

COST-SHARING REQUIREMENT.—

16 Section 804(c)(2) of the National Defense Authorization Act
17 for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302
18 note) is amended—
19

(1) by striking subparagraph (C); and

20

(2) by redesignating subparagraphs (D) and (E)

21

as subparagraphs (C) and (D), respectively.

22

(b) USE

OF

SIMPLIFIED PROCEDURES.—Not later

23 than 180 days after the date of the enactment of this Act,
24 the Defense Acquisition Regulation Supplement shall be
25 amended to provide for special simplified procedures for

† HR 2810 PAP

334
1 purchases of property and services under the rapid proto2 typing and rapid fielding programs established under sec3 tion 804 of the National Defense Authorization Act for Fis4 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).
5

SEC. 827. ELIMINATION OF COST UNDERRUNS AS FACTOR

6

IN CALCULATION OF PENALTIES FOR COST

7

OVERRUNS.

8

(a) IN GENERAL.—Section 828 of the National Defense

9 Authorization Act for Fiscal Year 2016 (Public Law 114–
10 92; 10 U.S.C. 2430 note) is amended—
11

(1) in subsection (a), by striking ‘‘fiscal year

12

2015’’ and inserting ‘‘fiscal years 2018, 2019, 2020,

13

2021, and 2022’’;

14

(2) in subsection (b)—

15
16

(A) in paragraph (1), by striking ‘‘or
underrun’’;

17
18

(B) in paragraph (2), by striking ‘‘or
underruns’’;

19

(C) in paragraph (3)—

20

(i) by striking ‘‘and cost underruns’’;

21

and

22

(ii) by striking ‘‘or underruns’’; and

23

(D) in paragraph (4), by striking ‘‘, except

24

that the cost overrun penalty may not be a nega-

25

tive amount’’; and

† HR 2810 PAP

335
1

(3) in subsection (c), by striking ‘‘each fiscal

2

year beginning with fiscal year 2015’’ and inserting

3

‘‘fiscal years 2018, 2019, 2020, 2021, and 2022’’.

4

(b) PRIOR FISCAL YEARS.—The requirements of sec-

5 tion 828 of the National Defense Authorization Act for Fis6 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note),
7 as in effect on the day before the date of the enactment of
8 this Act, shall continue to apply with respect to fiscal years
9 beginning on or before October 1, 2016.
10
11

SEC. 828. CONTRACT CLOSEOUT AUTHORITY.

Section 836(b)(1) of the National Defense Authoriza-

12 tion Act for Fiscal Year 2017 (Public Law 114–328; 130
13 Stat. 2286) is amended by striking ‘‘entered into prior to
14 fiscal year 2000’’ and inserting ‘‘entered into at least 17
15 years before the current fiscal year’’.
16

SEC. 829. SERVICE CONTRACTS OF THE DEPARTMENT OF

17
18
19

DEFENSE.

(a) INCLUSION
YEARS

OF

CERTAIN INFORMATION

IN

FUTURE-

DEFENSE PROGRAM.—Each future-years defense

20 program submitted to Congress pursuant to section 221of
21 title 10, United States Code, for a fiscal year after fiscal
22 year 2018 shall include an estimate of the cost and number
23 of service contracts of the Department of Defense for each
24 fiscal year covered by the future-years defense program. The
25 estimate shall be set forth for the Department of Defense

† HR 2810 PAP

336
1 as a whole and separately for each department, agency, or2 ganization, and element of the Department anticipated to
3 use service contracts during the fiscal years covered by the
4 future-years defense program concerned.
5
6

(b) REQUIREMENT
ING.—No

FOR

CERTIFICATION

AND

BRIEF-

study or competition regarding a public-private

7 competition for the conversion to performance by a con8 tractor for any function performed by Department of De9 fense civilian employees may be begun or announced pursu10 ant to section 2461 of title 10, United States Code, or other11 wise pursuant to Office of Management and Budget Cir12 cular A–76, until such time as—
13

(1) the future-years defense program submitted

14

to Congress includes the information described in sub-

15

section (a); or

16

(2) the Secretary of Defense certifies that the De-

17

partment has a plan to provide such information by

18

the next fiscal year.

19

SEC. 830. DEPARTMENT OF DEFENSE CONTRACTOR WORK-

20

PLACE SAFETY AND ACCOUNTABILITY.

21
22
23

(a) IDENTIFICATION
AND

OF

KNOWN WORKPLACE SAFETY

HEALTH VIOLATIONS.—
(1) IN

GENERAL.—A

contracting officer, prior to

24

awarding or renewing a covered contract, shall, as

25

part of the responsibility determination, consider any

† HR 2810 PAP

337
1

identified violations of the Occupational Safety and

2

Health Act of 1970 (29 U.S.C. 651 et seq.) or equiva-

3

lent State laws by the offeror, and by any covered

4

subcontractors.

5

(2) RESPONSIBILITY

DETERMINATION.—The

con-

6

tracting officer shall consider violations described in

7

paragraph (1) in determining whether the offeror is

8

a responsible source with a satisfactory record of per-

9

formance that meets mission and ethical standards.

10

(3) REFERRAL

OF INFORMATION TO SUSPENSION

11

AND DEBARMENT OFFICIALS.—As

12

tracting officer shall refer matters related to viola-

13

tions described in paragraph (1) to the Department

14

of Defense’s suspension and debarment official in ac-

15

cordance with Department procedures.

16

(b) CONTRACTOR RIGHTS.—The Secretary of Defense

appropriate, a con-

17 shall establish policies and practices—
18

(1) ensuring that when making responsibility de-

19

terminations, contracting officers request that con-

20

tractors provide any and all information the contrac-

21

tors deem necessary to demonstrate responsibility

22

prior to final determinations;

23

(2) establishing mechanisms for contractors to

24

have an expedited process to review any information

† HR 2810 PAP

338
1

used to support determinations of non-responsibility;

2

and

3

(3) establishing mechanisms for contractors to

4

have an expedited process to appeal determinations of

5

non-responsibility.

6

(c) PROTEST RIGHTS.—The Secretary of Defense shall

7 protect the rights of contractors to protest bids and appeal
8 actions taken pursuant to this section.
9

(d) TRAINING

AND

GUIDANCE.—The Secretary of De-

10 fense shall develop and provide clear training and guidance
11 to acquisition officials, contracting officers, and current
12 and potential contractors regarding implementation poli13 cies and practices for this section.
14
15

(e) COMPTROLLER GENERAL REPORT.—
(1) IN

GENERAL.—Not

later than 180 days after

16

the date of the enactment of this Act, the Comptroller

17

General of the United States shall submit to the De-

18

partment of Defense and the congressional defense

19

committees a report on the health and safety records

20

of Department of Defense contractors.

21
22

(2) ELEMENTS.—The report required under
paragraph (1) shall include the following elements:

23

(A) A description of the Department of De-

24

fense’s existing procedures to evaluate the safety

† HR 2810 PAP

339
1

and health records of current and prospective

2

contractors.

3
4

(B) An evaluation of the Department’s adherence to those procedures.

5

(C) An assessment of the current incidence

6

of health and safety violations by Department

7

contractors.

8

(D) An assessment of whether the Depart-

9

ment of Labor has the resources to investigate

10

and identify safety and health violations by De-

11

partment of Defense contractors.

12

(E) An assessment of whether the Depart-

13

ment of Labor should consider assuming an ex-

14

panded investigatory role or a targeted enforce-

15

ment program for ensuring the safety and health

16

of workers under Department of Defense con-

17

tracts.

18
19

(f) DEFINITIONS.—In this section:
(1) COVERED

CONTRACT.—The

term ‘‘covered

20

contract’’ means a Department of Defense contract for

21

the procurement of property or services, including

22

construction, valued in excess of $1,000,000.

23

(2) COVERED

SUBCONTRACTOR.—The

term ‘‘cov-

24

ered subcontractor’’ means a subcontractor listed in

25

the bid for a covered contract or known by the De-

† HR 2810 PAP

340
1

partment of Defense to be a subcontractor of the offer-

2

or.

3

SEC. 831. DEPARTMENT OF DEFENSE PROMOTION OF CON-

4
5

TRACTOR COMPLIANCE WITH EXISTING LAW.

It is the sense of Congress that—

6

(1) the Department of Defense should aim to en-

7

sure that parties contracting with the Federal Gov-

8

ernment abide by existing law, including worker pro-

9

tection laws;

10

(2) worker protection laws, including chapter 43

11

of title 38, United States Code (commonly known as

12

the ‘‘Uniformed Services Employment and Reemploy-

13

ment Rights Act of 1994’’ or ‘‘USERRA’’) and the

14

Americans with Disabilities Act of 1990 (42 U.S.C.

15

12101 et seq.), were enacted to ensure equitable work-

16

place practices;

17

(3) identifying and helping to improve the com-

18

pliance of contractors with worker protection viola-

19

tions will help avoid setbacks and delays stemming

20

from contracting with noncompliant contractors; and

21

(4) the Secretary of Defense has the authority to

22

ensure contractors’ compliance with existing laws and

23

should establish a goal to work with responsible con-

24

tractors who are in compliance with worker protec-

25

tion laws.

† HR 2810 PAP

341

3

Subtitle C—Provisions Relating to
Major Defense Acquisition Programs

4

SEC. 835. REVISIONS TO DEFINITION OF MAJOR DEFENSE

1
2

5
6

ACQUISITION PROGRAM.

Section 2430(a) of title 10, United States Code, is

7 amended—
8

(1) in paragraph (1)(B), by inserting ‘‘in the

9

case of a program that is not a program for the ac-

10

quisition of an automated information system (either

11

a product or a service),’’ after ‘‘(B)’’; and

12

(2) in paragraph (2)—

13

(A) by striking ‘‘does not include an acqui-

14

sition program’’ and inserting the following:

15

‘‘does not include—

16

‘‘(A) an acquisition program’’; and

17

(B) by striking the period at the end and

18

inserting the following: ‘‘; or

19

‘‘(B) an acquisition program for a defense busi-

20

ness system (as defined in section 2222(i)(1) of this

21

title) carried out using the acquisition guidance

22

issued pursuant to section 883(e) of the National De-

23

fense Authorization Act for Fiscal Year 2016 (Public

24

Law 114–92; 10 U.S.C. 2223a note).’’.

† HR 2810 PAP

342
1

SEC. 836. PROHIBITION ON USE OF LOWEST PRICE TECH-

2

NICALLY ACCEPTABLE SOURCE SELECTION

3

PROCESS FOR MAJOR DEFENSE ACQUISITION

4

PROGRAMS.

5

(a) PROHIBITION.—

6

(1) IN

GENERAL.—Chapter

144 of title 10,

7

United States Code, is amended by inserting after sec-

8

tion 2441 the following new section:

9 ‘‘§ 2442. Prohibition on use of lowest price technically
10

acceptable source selection process

11

‘‘(a) IN GENERAL.—The Department of Defense shall

12 not use a lowest price technically acceptable source selection
13 process for the development contract of a major defense ac14 quisition program.
15

‘‘(b) NOTIFICATION.—(1) The Secretary of Defense

16 shall submit to the congressional defense committees a noti17 fication of the source selection process that the Department
18 of Defense plans to use for the development contract of a
19 major defense acquisition program.
20

‘‘(2) The notification required under paragraph (1)

21 shall be submitted at the same time that the President sub22 mits under section 1105 of title 31 the budget in which
23 budget authority is requested for the development contract
24 of a major defense acquisition program. If the Department
25 of Defense has not yet determined the source selection proc26 ess for the development contract at the time that budget au† HR 2810 PAP

343
1 thority for the development contract is requested, the De2 partment of Defense shall submit the notification not later
3 than 30 days before release of the request for proposals for
4 the development contract.
5
6

‘‘(c) DEFINITIONS.—In this section:
‘‘(1) LOWEST

PRICE TECHNICALLY ACCEPTABLE

7

SOURCE SELECTION PROCESS.—The

8

technically acceptable source selection process’ has the

9

meaning given that term in part 15 of the Federal

10
11

term ‘lowest price

Acquisition Regulation.
‘‘(2) MAJOR

DEFENSE ACQUISITION PROGRAM.—

12

The term ‘major defense acquisition program’ has the

13

meaning given that term in section 2430 of this title.

14

‘‘(3) DEVELOPMENT

CONTRACT.—The

term ‘de-

15

velopment contract’ means a prime contract for the

16

development of a major defense acquisition pro-

17

gram.’’.

18

(2) CLERICAL

AMENDMENT.—The

table of sec-

19

tions at the beginning of such chapter is amended by

20

inserting after the item relating to section 2441 the

21

following new item:
‘‘2442. Prohibition on use of lowest price technically acceptable source selection
process.’’.

22

(b) APPLICABILITY.—The requirements of section 2442

23 of title 10, United States Code, as added by subsection (a),
24 shall apply to major defense acquisition programs for which
† HR 2810 PAP

344
1 budgetary authority is requested for fiscal year 2019 or a
2 subsequent fiscal year.
3

SEC. 837. ROLE OF THE CHIEF OF THE ARMED FORCE IN

4

MATERIAL DEVELOPMENT DECISION AND AC-

5

QUISITION SYSTEM MILESTONES.

6

Section 2547(b) of title 10, United States Code, is

7 amended—
8
9
10

(1) by striking ‘‘The Secretary’’ and inserting
‘‘(1) The Secretary’’; and
(2) by adding at the end the following new para-

11

graph:

12

‘‘(2) Consistent with the performance of duties under

13 subsection (a), the Chief of the armed force concerned, with
14 respect to major defense acquisition programs, shall—
15

‘‘(A) concur with the need for a material solu-

16

tion as identified in the Material Development Deci-

17

sion Review prior to entry into the Material Solution

18

Analysis Phase under Department of Defense Instruc-

19

tion 5000.02;

20

‘‘(B) concur with the cost, schedule, technical fea-

21

sibility, and performance trade-offs that have been

22

made with regard to the program before Milestone A

23

approval is granted under section 2366a of this title;

24

‘‘(C) concur that appropriate trade-offs among

25

cost, schedule, technical feasibility, and performance

† HR 2810 PAP

345
1

objectives have been made to ensure that the program

2

is affordable when considering the per unit cost and

3

the total life-cycle cost before Milestone B approval is

4

granted under section 2366b of this title; and

5

‘‘(D) concur that the requirements in the pro-

6

gram capability document are necessary and realistic

7

in relation to program cost and fielding targets as re-

8

quired by paragraph (1) before Milestone C approval

9

is granted.’’.

11

Subtitle D—Provisions Related to
Acquisition Workforce

12

SEC. 841. TRAINING IN COMMERCIAL ITEMS PROCURE-

10

13
14

MENT.

(a) TRAINING.—Not later than one year after the date

15 of the enactment of this Act, the President of the Defense
16 Acquisition University shall establish a comprehensive
17 training program on part 12 of the Federal Acquisition
18 Regulation. The training shall cover, at a minimum, the
19 following topics:
20
21
22
23

(1) The origin of part 12 and the congressional
mandate to prefer commercial procurements.
(2) The definition of a commercial item, with a
particular focus on the ‘‘of a type’’ concept.

24

(3) Price analysis and negotiations.

25

(4) Market research and analysis.

† HR 2810 PAP

346
1

(5) Independent cost estimates.

2

(6) Parametric estimating methods.

3

(7) Value analysis.

4

(8) Best practices in pricing from commercial

5

sector organizations, foreign government organiza-

6

tions, and other Federal, state, and local public sec-

7

tors organizations.

8

(9) Other topics on commercial procurements

9

necessary to ensure a well-educated acquisition work-

10

force.

11

(b) ENROLLMENTS GOALS.—The President of the De-

12 fense Acquisition University shall set goals for student en13 rollment for the comprehensive training program estab14 lished under subsection (a).
15

(c) SUPPORTING ACTIVITIES.—The Secretary of De-

16 fense shall establish, in support of the achievement of the
17 goals of this section—
18

(1) a university research program to engage aca-

19

demic experts on research topics of interest to improve

20

commercial item identification and pricing meth-

21

odologies; and

22

(2) a set of exchange and interface opportunities

23

between government personnel experts to increase

24

awareness of best practices and challenges in commer-

25

cial item identification and pricing.

† HR 2810 PAP

347
1

(d) FUNDING.—The Secretary of Defense shall use

2 amounts available in the Department of Defense Acquisi3 tion Workforce Development Fund established under section
4 1705 of title 10, United States Code, to fund the comprehen5 sive training program established under subsection (a).
6

SEC. 842. MODIFICATION OF DEFINITION OF ACQUISITION

7

WORKFORCE TO INCLUDE PERSONNEL EN-

8

GAGED IN THE ACQUISITION OR DEVELOP-

9

MENT OF CYBERSECURITY SYSTEMS.

10

Section 1705(h)(2)(A) of title 10, United States Code,

11 is amended—
12

(1) by inserting ‘‘(i)’’ after ‘‘(A)’’;

13

(2) by striking ‘‘; and’’ and inserting ‘‘; or’’; and

14

(3) by adding at the end the following new

15

clause:

16

‘‘(ii) are engaged in the acquisition or de-

17

velopment of systems relating to cybersecurity;

18

and’’.

19

SEC. 843. TRAINING AND SUPPORT FOR PROGRAMS PUR-

20

SUING AGILE ACQUISITION METHODS.

21

(a) IN GENERAL.—Not later than 120 days after the

22 date of the enactment of this Act, the Secretary of Defense,
23 in consultation with the President of the Defense Acquisi24 tion University, shall establish an in-resident targeted

† HR 2810 PAP

348
1 training course at the Defense Acquisition University on
2 Agile Acquisition.
3

(b) COURSE COMPONENTS.—The course shall include

4 the following elements:
5

(1) Training designed to instill a common un-

6

derstanding of all functional roles and dependencies

7

involved in developing and producing a capability

8

using Agile processes.

9

(2) An exercise involving teams composed of per-

10

sonnel from pertinent functions and functional orga-

11

nizations engaged in developing an integrated Agile

12

Acquisition approach for a specific program.

13

(c) COURSE ATTENDANCE.—The course shall be—

14

(1) available for certified acquisition personnel

15

from all program offices using Agile Acquisition

16

methods; and

17

(2) mandatory for personnel from other relevant

18

organizations in each of the military services and De-

19

fense Agencies, including organizations responsible for

20

engineering, budgeting, contracting, test and evalua-

21

tion, requirements validation, and certification and

22

accreditation, that support those program offices.

23

(d) AGILE ACQUISITION COACH.—

24
25

(1) IN

GENERAL.—The

Secretary and the senior

acquisition executives in each of the military services

† HR 2810 PAP

349
1

and Defense Agencies, in coordination with the Direc-

2

tor of the Defense Digital Service, shall ensure that

3

program offices pursuing Agile Acquisition methods

4

have access to an Agile Acquisition coach.

5
6

(2) EXPERTISE.—The Agile Acquisition coach
shall possess expertise in—

7
8

(A) commercial Agile Acquisition methods;
and

9

(B) the acquisition system and processes of

10

the Department of Defense.

11

(3)

12

DUTIES.—The

Agile

Acquisition

coach

shall—

13

(A) assist program offices, supporting stake-

14

holder organizations, and personnel in properly

15

applying Agile Acquisition methods; and

16

(B) notify the appropriate acquisition au-

17

thorities if programs are deviating from best

18

practices or are not receiving appropriate sup-

19

port from stakeholder organizations, in a man-

20

ner or to a degree that threatens the success of

21

the program.

22

(e) AGILE ACQUISITION RESEARCH PROGRAM.—The

23 President of the Defense Acquisition University shall estab24 lish a research program to conduct research on and develop-

† HR 2810 PAP

350
1 ment of Agile Acquisition practices and tools best tailored
2 to meet the mission needs of the Department of Defense.
3

(f) DEFINITIONS.—In this section the term ‘‘Agile Ac-

4 quisition’’—
5

(1) means acquisition pursuant to a methodology

6

for delivering multiple, rapid, incremental capabili-

7

ties to the user for operational use, evaluation, and

8

feedback; and

9

(2) involves—

10

(A) the incremental development and field-

11

ing of capabilities, commonly called ‘‘spirals’’,

12

‘‘spins’’, or ‘‘sprints’’, which can be measured in

13

a few weeks or months; and

14

(B) continuous participation and collabora-

15

tion by users, testers, and requirements authori-

16

ties.

17

SEC. 844. CREDITS TO DEPARTMENT OF DEFENSE ACQUISI-

18
19

TION WORKFORCE DEVELOPMENT FUND.

Section 1705(d)(2)(D) of title 10, United States Code,

20 is amended to read as follows:
21

‘‘(D) The Secretary of Defense may adjust the

22

amount specified in subparagraph (C) for a fiscal

23

year if the Secretary determines that the amount is

24

greater or less than reasonably needed for purposes of

25

the Fund for such fiscal year. The Secretary may not

† HR 2810 PAP

351
1

adjust the amount for a fiscal year to an amount that

2

is

3

$400,000,000.’’.

more

than

$600,000,000

or

less

than

5

Subtitle E—Provisions Related to
Commercial Items

6

SEC. 851. MODIFICATION TO DEFINITION OF COMMERCIAL

4

7

ITEMS.

8

Section 2376 of title 10, United States Code, is amend-

9 ed—
10
11
12
13

(1) in paragraph (1), by striking ‘‘ ‘commercial
item’,’’; and
(2) by adding at the end the following new paragraph:

14

‘‘(4) The term ‘commercial item’ has the mean-

15

ing given the term in section 103 of title 41, except

16

that it does not include an item referred to in para-

17

graph (3)(B) of such section if, after the minor modi-

18

fications made to meet Federal Government require-

19

ments referred to in such paragraph, the item in-

20

cludes a preponderance of government-unique func-

21

tions or essential characteristics.’’.

22

SEC. 852. REVISION TO DEFINITION OF COMMERCIAL ITEM.

23

Section 103(8) of title 41, United States Code, is

24 amended by striking ‘‘to multiple State and local govern-

† HR 2810 PAP

352
1 ments’’ and inserting ‘‘to multiple State, local, or foreign
2 governments’’.
3

SEC. 853. COMMERCIAL ITEM DETERMINATIONS.

4

Section 2380 of title 10, United States Code, is amend-

5 ed—
6
7
8
9
10
11

(1) by striking ‘‘The Secretary’’ and inserting
‘‘(a) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following new subsection:
‘‘(b) ITEMS PREVIOUSLY ACQUIRED USING COMMERCIAL ITEM

ACQUISITION PROCEDURES.—

12

‘‘(1) DETERMINATIONS.—A contract or sub-

13

contract for an item using commercial item acquisi-

14

tion procedures under part 12 of the Federal Acquisi-

15

tion Regulation shall serve as a prior commercial

16

item determination with respect to such item for pur-

17

poses of this chapter unless the Secretary of Defense

18

determines in writing that it is no longer cost-effec-

19

tive to procure the item using commercial item acqui-

20

sition procedures.

21

‘‘(2) LIMITATION.—(A) Except as provided under

22

subparagraph (B), funds appropriated or otherwise

23

made available to the Department of Defense may not

24

be used for the procurement under part 15 of the Fed-

25

eral Acquisition Regulation of an item that was pre-

† HR 2810 PAP

353
1

viously acquired using commercial item acquisition

2

procedures under part 12 of the Federal Acquisition

3

Regulation.

4

‘‘(B) The limitation under subparagraph (A)

5

does not apply to the procurement of an item that

6

was previously acquired using commercial item ac-

7

quisition procedures under part 12 of the Federal Ac-

8

quisition Regulation following—

9

‘‘(i) a written determination by the head of

10

contracting

11

2306a(b)(4)(B) of this title that the use of such

12

procedures was improper; or

activity

pursuant

to

section

13

‘‘(ii) a written determination by the Sec-

14

retary of Defense that it is no longer cost-effec-

15

tive to procure the item using such procedures.’’.

16

SEC. 854. PREFERENCE FOR ACQUISITION OF COMMERCIAL

17
18

ITEMS.

Section 2377(b) of title 10, United States Code, is

19 amended—
20

(1) by redesignating paragraphs (1) through (6)

21

as subparagraphs (A) through (F), respectively, and

22

moving such subparagraphs, as so redesignated, two

23

ems to the right;

24
25

(2) by striking ‘‘The head’’ and inserting ‘‘(1)
The head’’; and

† HR 2810 PAP

354
1

(3) by adding at the end the following new para-

2

graph:

3

‘‘(2) The preference for the acquisition of commercial

4 items and nondevelopmental items under this section shall
5 take priority over any small business set-aside program,
6 and shall require, to the maximum extent practicable, the
7 acquisition of commercial items or nondevelopmental items
8 other than commercial items in accordance with the terms
9 of this section. If the requirements of an agency with respect
10 to a procurement of supplies or services can be met with
11 commercial items or nondevelopmental items other than
12 commercial items provided by a small business concern, the
13 small business concern may be awarded the contract in ac14 cordance with the requirements of a set-aside program.’’.
15
16

SEC. 855. INAPPLICABLE LAWS AND REGULATIONS.

(a) REVIEW

17 DEPARTMENT
18 ITEMS

AND

OF

OF

DETERMINATIONS NOT TO EXEMPT

DEFENSE CONTRACTS

FOR

COMMERCIAL

COMMERCIALLY AVAILABLE OFF-THE-SHELF

19 ITEMS FROM CERTAIN LAWS

AND

REGULATIONS.—Not

20 later than 180 days after the date of the enactment of this
21 Act, the Secretary of Defense shall—
22

(1) review each determination of the Federal Ac-

23

quisition Regulatory Council pursuant to section

24

1906(b)(2), section 1906(c)(3), or section 1907(a)(2)

25

of title 41, United States Code, not to exempt con-

† HR 2810 PAP

355
1

tracts and subcontracts described in subsection (a) of

2

section 2375 of title 10, United States Code, from

3

laws such contracts and subcontracts would otherwise

4

be exempt from under section 1906(d) of title 41,

5

United States Code; and

6

(2) revise the Department of Defense Supplement

7

to the Federal Acquisition Regulation to provide an

8

exemption from each law subject to such determina-

9

tion unless the Secretary determines there is a specific

10

reason not to provide the exemption.

11

(b) ELIMINATION

OF

CERTAIN CONTRACT CLAUSE RE-

12

QUIREMENTS

APPLICABLE

13

TRACTS.—Not

later than 180 days after the date of the en-

TO

COMMERCIAL ITEM CON-

14 actment of this Act, the Secretary of Defense shall revise
15 the Department of Defense Supplement to the Federal Ac16 quisition Regulation to eliminate all regulations promul17 gated after the date of the enactment of the Federal Acquisi18 tion Streamlining Act of 1994 (Public Law 103–355) that
19 require a specific contract clause for a contract using com20 mercial item acquisition procedures under part 12 of the
21 Federal Acquisition Regulation, except for regulations re22 quired by law or that the Secretary determines are vital
23 to national security.
24
25

(c) ELIMINATION
QUIREMENTS

† HR 2810 PAP

OF

CERTAIN CONTRACT CLAUSE RE-

APPLICABLE

TO

COMMERCIALLY AVAILABLE

356
1 OFF-THE-SHELF ITEM SUBCONTRACTS.—Not later than
2 180 days after the date of the enactment of this Act, the
3 Secretary of Defense shall revise the Department of Defense
4 Supplement to the Federal Acquisition Regulation to elimi5 nate all requirements for a prime contractor to include a
6 specific contract clause in a subcontract for commercially
7 available off-the-shelf items unless the inclusion of such
8 clause is required by law or is necessary for the contractor
9 to meet the requirements of the prime contract.
10

Subtitle F—Industrial Base Matters

11

SEC. 861. REVIEW REGARDING APPLICABILITY OF FOREIGN

12

OWNERSHIP, CONTROL, OR INFLUENCE RE-

13

QUIREMENTS OF NATIONAL SECURITY INDUS-

14

TRIAL PROGRAM TO NATIONAL TECHNOLOGY

15

AND INDUSTRIAL BASE COMPANIES.

16

(a) REVIEW.—The Secretary of Defense, with the con-

17 currence of the Secretary of State, shall review whether com18 panies whose ownership or majority control is based in
19 countries that are part of the national technology and in20 dustrial base should be exempted from the foreign owner21 ship, control, or influence (FOCI) requirements of the Na22 tional Security Industrial Program.
23
24
25

(b) AUTHORITY.—
(1) IN

GENERAL.—The

Secretary of Defense may

establish a program to carry out the exemption proc-

† HR 2810 PAP

357
1

ess described under subsection (a). Under the pro-

2

gram, the Secretary, with the concurrence of the Sec-

3

retary of State, shall maintain a list of companies

4

owned or controlled by countries that are part of the

5

national technology and industrial base that are eligi-

6

ble for exemption from the requirements described

7

under such subsection.

8

(2) DETERMINATIONS

OF ELIGIBILITY.—The

Sec-

9

retary of Defense, with the concurrence of the Sec-

10

retary of State, may designate a company under

11

paragraph (1) as exempt from the requirements de-

12

scribed under subsection (a) upon a determination

13

that such exemption—

14

(A) is beneficial to improving collaboration

15

within countries participating in the national

16

technology and industrial base;

17
18

(B) is in the United States national security interest; and

19

(C) will not result in a greater risk of the

20

disclosure of classified or sensitive information

21

consistent with the National Security Industrial

22

Program.

23

(3) EXERCISE

OF AUTHORITY.—The

authority

24

under paragraph (1) to exempt a listed company

25

from the requirements described under subsection (a)

† HR 2810 PAP

358
1

may be exercised beginning on the date that is the

2

later of—

3

(A) the date that is 60 days after the Sec-

4

retary of Defense, in consultation with the Sec-

5

retary of State, submits to the congressional de-

6

fense committees a report summarizing the re-

7

view conducted under such subsection; and

8

(B) the date that is 30 days after the Sec-

9

retary of Defense, in consultation with the Sec-

10

retary of State, submits to the congressional de-

11

fense committees a written notification of a de-

12

termination under paragraph (2) to exempt the

13

company from such requirements, including a

14

discussion of the issues related to the foreign

15

ownership or control of the company that were

16

considered as part of the determination.

17

(c) NATIONAL TECHNOLOGY

AND

INDUSTRIAL BASE

18 DEFINED.—In this section, the term ‘‘national technology
19 and industrial base’’ has the meaning given the term in
20 section 2500 of title 10, United States Code.
21

SEC. 862. PILOT PROGRAM ON STRENGTHENING MANUFAC-

22
23

TURING IN DEFENSE INDUSTRIAL BASE.

(a) PILOT PROGRAM REQUIRED.—The Secretary of

24 Defense shall carry out a pilot program to assess the feasi-

† HR 2810 PAP

359
1 bility and advisability of increasing the capability of the
2 defense industrial base to support—
3
4

(1) production needs to meet military requirements; and

5

(2) manufacturing and production of emerging

6

defense and commercial technologies of military value.

7

(b) AUTHORITIES.—The Secretary shall carry out the

8 pilot program under the following:
9
10

(1) The Defense Production Act of 1950 (50
U.S.C. 4501 et seq.).

11
12

(2) Chapters 137 and 139 and sections 2371,
2371b, and 2373 of title 10, United States Code.

13

(3) Such other legal authorities as the Secretary

14

considers applicable to carrying out the pilot pro-

15

gram.

16

(c) ACTIVITIES.—Activities under the pilot program

17 may include the following:
18

(1) Use of contracts, grants, or other transaction

19

authorities to support manufacturing and production

20

capabilities in small and medium sized manufactur-

21

ers.

22
23

(2) Purchases of quantities of goods or equipment
for testing and qualification purposes.

24

(3) Purchase commitments to create incentives

25

for industry to develop manufacturing and produc-

† HR 2810 PAP

360
1

tion capabilities of interest to national security, in-

2

cluding cost sharing with funding from nongovern-

3

mental sources.

4

(4) Issuing loans directly to small and medium

5

sized enterprises to support manufacturing and pro-

6

duction capabilities.

7

(5) Guaranteeing loans to enable small and me-

8

dium sized manufacturers to obtain private sector

9

loans to support manufacturing and production capa-

10

bilities in areas of national security interest.

11

(6) Giving awards to third party entities to sup-

12

port investments in small and medium sized manu-

13

facturers working in areas of national security inter-

14

est, including activities to support debt and equity

15

investments that would benefit missions of the De-

16

partment of Defense.

17

(7) Such other activities as the Secretary deter-

18

mines necessary.

19

(d) TERMINATION.—The pilot program shall terminate

20 on the date that is five years after the date of the enactment
21 of this Act.
22

SEC. 863. SUNSET OF CERTAIN PROVISIONS RELATING TO

23
24
25

THE INDUSTRIAL BASE.

(a) MISCELLANEOUS LIMITATIONS
MENT OF

ON THE

PROCURE-

GOODS OTHER THAN UNITED STATES GOODS.—

† HR 2810 PAP

361
1 Section 2534 of title 10, United States Code, is amended
2 by adding at the end the following new subsection:
3

‘‘(k) SUNSET

ON

CERTAIN RESTRICTIONS.—The re-

4 striction under subsection (a) relative to the procurement
5 of the items set forth in paragraphs (1) through (4) of such
6 subsection shall terminate on the close of September 30,
7 2018.’’.
8

(b) PHOTOVOLTAIC DEVICES.—Section 858 of the Carl

9 Levin and Howard P. ‘‘Buck’’ McKeon National Defense
10 Authorization Act for Fiscal Year 2015 (Public Law 113–
11 291; 10 U.S.C. 2534 note) is amended by adding at the
12 end the following new subsection:
13

‘‘(c) SUNSET.—This section shall terminate on the

14 close of September 30, 2018.’’.

16

Subtitle G—International
Contracting Matters

17

SEC. 865. PROCUREMENT EXCEPTION RELATING TO AGREE-

15

18
19

MENTS WITH FOREIGN GOVERNMENTS.

Section 2533a of title 10, United States Code, is

20 amended—
21

(1) in subsection (a), by striking ‘‘subsections (c)

22

through (h)’’ and inserting ‘‘subsections (c) through

23

(i)’’;

24
25

(2) by redesignating subsections (i), (j), and (k)
as subsections (j), (k), and (l), respectively; and

† HR 2810 PAP

362
1

(3) by inserting after subsection (h) the following

2

new subsection:

3

‘‘(i) EXCEPTION RELATING

TO

AGREEMENTS WITH

4 FOREIGN GOVERNMENTS.—Subsection (a) does not preclude
5 the acquisition of items described in subsection (b) as part
6 of a weapon system if the acquisition is necessary in fur7 therance of an agreement with a foreign government in
8 which both governments agree to remove barriers to pur9 chases of supplies produced in the other country or services
10 performed by sources of the other country.’’.
11

SEC. 866. APPLICABILITY OF COST AND PRICING DATA CER-

12
13

TIFICATION REQUIREMENTS.

Section 2306a(b)(1) of title 10, United States Code, is

14 amended—
15
16
17
18
19
20

(1) in subparagraph (C), by striking ‘‘; or’’ and
inserting a semicolon;
(2) in subparagraph (D)(ii), by striking the period at the end and inserting ‘‘; or’’; and
(3) by adding at the end the following new subparagraph:

21
22

‘‘(E) for a foreign military sale where there
is already an existing Government contract—

23

‘‘(i) for the same or similar item or

24

service; and

† HR 2810 PAP

363
1

‘‘(ii) for which the Government has

2

current cost and pricing data and insights

3

into the reasonableness of price.’’.

4
5

SEC. 867. ENHANCING PROGRAM LICENSING.

(a) IN GENERAL.—Not later than September 30, 2019,

6 the Secretary of Defense, with the concurrence of the Sec7 retary of State, shall establish a structure for implementing
8 a revised program export licensing framework intended to
9 provide comprehensive export licensing authorization to
10 support large international cooperative defense programs
11 between multiple nations and determine what, if any, regu12 latory authorities require modification.
13

(b) SUSTAINMENT.—The licensing framework estab-

14 lished under subsection (a) shall require a program license
15 for the future sustainment of all international cooperative
16 defense programs comprised of more than five nations. The
17 program license shall be finalized prior to the sustainment
18 phase of that program’s acquisition lifecycle.
19
20
21

Subtitle H—Other Transactions
SEC. 871. OTHER TRANSACTION AUTHORITY.

(a)

EXPANDED

AUTHORITY

FOR

PROTOTYPE

22 PROJECTS.—Subsection (a) of section 2371b of title 10,
23 United States Code, is amended—
24
25

(1) by striking ‘‘(1) Subject’’ and inserting
‘‘Subject’’; and

† HR 2810 PAP

364
1

(2) by striking paragraphs (2) and (3).

2
3

(b) MODIFICATION
FOR

USE

OF

OF

COST SHARING REQUIREMENT

OTHER TRANSACTION AUTHORITY.—Sub-

4 section (d)(1) of such section is amended by striking sub5 paragraph (C) and inserting the following new subpara6 graph:
7

‘‘(C) At least one third of the total cost of the

8

prototype project is to be paid out of funds provided

9

by sources other than the Federal Government.’’.

10
11

(c) USE OF OTHER TRANSACTION AUTHORITY FOR ONGOING

PROTOTYPE PROJECTS.—Subsection (f)(1) of such

12 section is amended by adding at the end the following: ‘‘A
13 transaction includes all individual prototype sub-projects
14 awarded under the transaction to a consortium of United
15 States industry and academic institutions.’’.
16

SEC. 872. EDUCATION AND TRAINING FOR TRANSACTIONS

17

OTHER THAN CONTRACTS AND GRANTS.

18

Section 2371 of title 10, United States Code, is amend-

19 ed—
20
21
22

(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following

23

new subsection:

24

‘‘(g) EDUCATION

AND

TRAINING.—The Secretary of

25 Defense shall ensure that management, technical, and con-

† HR 2810 PAP

365
1 tracting personnel of the Department involved in the award
2 and administration of transactions under this section or
3 other innovative forms of contracting are afforded adequate
4 education and training.’’.
5

SEC. 873. PREFERENCE FOR USE OF OTHER TRANSACTIONS

6

AND EXPERIMENTAL AUTHORITY.

7

In the execution of science and technology and proto-

8 typing programs, the Secretary of Defense shall establish
9 a preference for using transactions other than contracts, co10 operative agreements, and grants entered into pursuant to
11 sections 2371 and 2371b of title 10, United States Code,
12 and authority for procurement for experimental purposes
13 pursuant to section 2373 of title 10, United States Code.
14

SEC.

874.

METHODS

15
16

FOR

ENTERING

INTO

RESEARCH

AGREEMENTS.

Section 2358(b) of title 10, United States Code, is

17 amended—
18

(1) in paragraph (3), by striking ‘‘or’’;

19

(2) in paragraph (4), by striking the period at

20
21
22

the end and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:

23

‘‘(5) by transactions other than contracts, cooper-

24

ative agreements, and grants entered into pursuant to

25

sections 2371 and 2371b of this title; or

† HR 2810 PAP

366
1
2

‘‘(6) by procurement for experimental purposes
pursuant to section 2373 of this title.’’.

5

Subtitle I—Development and Acquisition of Software Intensive and
Digital Products and Services

6

SEC. 881. RIGHTS IN TECHNICAL DATA.

3
4

7

(a) MODIFICATION

OF

DEFINITION

OF

TECHNICAL

8 DATA.—Paragraph (4) of section 2302 of title 10, United
9 States Code, is amended to read as follows:
10

‘‘(4) The term ‘technical data’—

11

‘‘(A) means recorded information (regard-

12

less of the form or method of the recording) of a

13

scientific or technical nature relating to supplies

14

procured by an agency;

15

‘‘(B) with respect to software, includes ev-

16

erything required to reproduce, build/recompile,

17

test, and deploy working system binaries on sys-

18

tem hardware, including all source code, revision

19

histories, build scripts, build/compilation/modi-

20

fication instructions/procedures, documentation,

21

test cases, expected test results, compilers, inter-

22

preters, test harnesses, specialized build and test

23

hardware, connectors, cables, and library de-

24

pendencies; and

† HR 2810 PAP

367
1

‘‘(C) does not include computer software in-

2

cidental to contract administration or financial,

3

administrative, cost or pricing, or management

4

data or other information incidental to contract

5

administration.’’.

6

(b) RIGHTS

IN

TECHNICAL DATA.—Section 2320(a)(2)

7 of title 10, United States Code, is amended by adding at
8 the end the following new subparagraph:
9
10

‘‘(J) The Secretary of Defense shall require the
following with respect to software delivery:

11
12

‘‘(i) Software shall be delivered in native
electronic format.

13
14

‘‘(ii) Builds must not be dependent upon
pre-defined build directories.

15

‘‘(iii) In the case of licensing restrictions

16

that do not allow library dependency inclusion,

17

verified accessible repositories and revision his-

18

tory shall be documented and included.

19

‘‘(iv) Commercial Off-The Shelf/Non-Devel-

20

opment Item (COTS/NDI) shall be delivered on

21

original Licensed Media. If firmware is part of

22

the delivery, then a Firmware Support Manual

23

should be included as an Appendix.’’.

† HR 2810 PAP

368
1

SEC. 882. DEFENSE INNOVATION BOARD ANALYSIS OF

2
3
4

SOFTWARE ACQUISITION REGULATIONS.

(a) STUDY.—
(1) IN

GENERAL.—Not

later than 30 days after

5

the date of the enactment of this Act, the Secretary of

6

Defense shall task the Defense Innovation Board to

7

undertake a study on streamlining software develop-

8

ment and acquisition regulations.

9

(2) MEMBER

PARTICIPATION.—The

Chairman of

10

the Defense Innovation Board shall select appropriate

11

members from the membership of the Board to par-

12

ticipate in this study, and may recommend addi-

13

tional temporary members or contracted support per-

14

sonnel to the Secretary of Defense for the purposes of

15

this study. In considering additional appointments to

16

the study, the Secretary of Defense shall ensure that

17

members have significant technical, legislative, or reg-

18

ulatory expertise and reflect diverse experiences in the

19

public and private sector.

20
21

(3) SCOPE.—The study conducted pursuant to
paragraph (1) shall—

22

(A) review the acquisition regulations ap-

23

plicable to the Department of Defense with a

24

view toward streamlining and improving the ef-

25

ficiency and effectiveness of software acquisition

† HR 2810 PAP

369
1

in order to maintain defense technology advan-

2

tage;

3

(B) produce specific and detailed rec-

4

ommendations for any legislation, including the

5

amendment or repeal of regulations, that the

6

members of the Board conducting the study de-

7

termine necessary to—

8

(i) streamline development and pro-

9

curement of software;

10

(ii) adopt best practices from the pri-

11

vate sector applicable to government use;

12

(iii) promote rapid adoption of new

13

technology;

14

(iv) ensure continuing financial and

15

ethical integrity in procurement; and

16

(v) protect the best interests of the De-

17

partment of Defense; and

18

(C) produce such additional recommenda-

19

tions for legislation as such members consider

20

appropriate.

21

(4) CONSULTATION

ON MAJOR PROGRAM RE-

22

ALIGNMENT.—The

23

with the Defense Innovation Board in conducting ac-

24

tivities under the major program realignment pilot

25

program established pursuant to section 873. The Sec-

† HR 2810 PAP

Secretary of Defense shall consult

370
1

retary shall provide the Board with timely access to

2

all information necessary for the Board to provide

3

such consultation and report on the major program

4

realignment.

5

(5) ACCESS

TO INFORMATION.—The

Secretary of

6

Defense shall provide the Defense Innovation Board

7

with timely access to appropriate information, data,

8

resources, and analysis so that the Board may con-

9

duct a thorough and independent analysis as required

10

under this subsection.

11

(b) REPORTS.—

12

(1) INTERIM

REPORTS.—Not

later than 150 days

13

after the date of the enactment of this Act, the Sec-

14

retary of Defense shall submit a report to or brief the

15

congressional defense committees on the interim find-

16

ings of the study conducted pursuant to subsection

17

(a). The Defense Innovation Board shall provide reg-

18

ular updates to the Secretary of Defense and the con-

19

gressional defense committees for purposes of pro-

20

viding the interim report.

21

(2) FINAL

REPORT.—Not

later than one year

22

after the Secretary of Defense tasks the Defense Advi-

23

sory Board to conduct the study, the Board shall

24

transmit a final report of the study to the Secretary.

25

Not later than 30 days after receiving the final re-

† HR 2810 PAP

371
1

port, the Secretary of Defense shall transmit the final

2

report, together with such comments as the Secretary

3

determines appropriate, to the congressional defense

4

committees.

5

SEC. 883. PILOT TO TAILOR SOFTWARE-INTENSIVE MAJOR

6

PROGRAMS TO USE AGILE METHODS.

7

(a) IN GENERAL.—Not later than 30 days after the

8 date of the enactment of this Act, the Secretary of Defense,
9 in consultation with the Secretaries and Chiefs of the mili10 tary services, shall identify one major program per service
11 and one defense-wide program for tailoring into smaller in12 crements. The programs shall be selected from among those
13 designated as major defense acquisition programs and those
14 formerly designated as major automated information sys15 tems (excluding defense business systems).
16

(b) PROGRAM SELECTION CRITERIA.—In identifying

17 candidate programs, the Secretary shall prioritize pro18 grams that—
19

(1) are software intensive;

20

(2) have identified software development as a

21
22
23
24
25

risk;
(3) have experienced cost growth and schedule
delay; and
(4) did not deliver any operational capability
within the prior calendar year.

† HR 2810 PAP

372
1

(c) REALIGNMENT PLAN.—The Secretary of Defense

2 shall finalize a realignment plan within 60 days of pro3 grams being identified under subsection (a) that provides
4 for the realigned program increments having a cost below
5 the cost threshold for designation as a major acquisition.
6

(d) REALIGNMENT EXECUTION.—Each realigned pro-

7 gram increment shall—
8

(1) be designed to deliver a meaningfully useful

9

capability within the first 180 days following realign-

10

ment;

11

(2) be designed to deliver subsequent meaning-

12

fully useful capabilities on timeframes of less than

13

180 days;

14

(3) incorporate cross-functional teams focused on

15

software production that prioritize user needs and

16

control of total cost of ownership;

17

(4) be staffed with highly qualified technically

18

trained staff and personnel with management and

19

business process expertise in leadership positions to

20

support requirements modification, acquisition strat-

21

egy, and program decisionmaking;

22

(5) ensure that realigned acquisition strategies

23

are broad enough to allow offerors to propose a serv-

24

ice, system, modified business practice, configuration

25

of personnel, or combination thereof as a solution;

† HR 2810 PAP

373
1

(6) include periodic engagement with the user

2

community, as well as representation by the user

3

community in program management and software

4

production activity;

5

(7) ensure realigned acquisition strategies favor

6

outcomes-based requirements definition and capa-

7

bility as a service, including the establishment of tech-

8

nical evaluation criteria as outcomes to be used to

9

drive service-level agreements with vendors; and

10

(8) consider options for termination of the rela-

11

tionship with any vendor unable or unwilling to offer

12

terms that meet the requirements of this section.

13

(e) CONSULTATION.—In conducting the program selec-

14 tion and tailoring under this section, the Secretary shall—
15

(1) use the tools, resources, and expertise of dig-

16

ital and innovation organizations resident in the De-

17

partment, such as the Defense Innovation Board, the

18

Defense Innovation Unit Experimental, the Defense

19

Science Board, the Defense Digital Services, federally

20

funded research and development centers, research

21

laboratories, and other technical, management, and

22

acquisition experts;

23

(2) use the digital development and acquisition

24

expertise of the General Services Administration’s

25

Technology Transition Service, Office of 18F; and

† HR 2810 PAP

374
1

(3) leverage the science, technology, and innova-

2

tion activities established pursuant to section 217 of

3

the National Defense Authorization Act for Fiscal

4

Year 2016 (Public Law 114–92; 10 U.S.C. 2445a

5

note).

6

(f) AGILE ACQUISITION DEFINED.—In this section, the

7 term ‘‘agile acquisition’’—
8

(1) means acquisition pursuant to a methodology

9

for delivering multiple, rapid, incremental capabili-

10

ties to the user for operational use, evaluation, and

11

feedback; and

12

(2) involves—

13

(A) the incremental development and field-

14

ing of capabilities, commonly called ‘‘spirals’’,

15

‘‘spins’’, or ‘‘sprints’’, which can be measured in

16

a few weeks or months; and

17

(B) continuous participation and collabora-

18

tion by users, testers, and requirements authori-

19

ties.

20

SEC. 884. REVIEW AND REALIGNMENT OF DEFENSE BUSI-

21

NESS SYSTEMS TO EMPHASIZE AGILE METH-

22

ODS.

23

(a) IN GENERAL.—Not later than 30 days after the

24 date of the enactment of this Act, the Secretary of Defense,
25 in consultation with the Chief Information Officers and

† HR 2810 PAP

375
1 Chief Management Officers of the military services, shall
2 conduct a comprehensive assessment of investments in de3 fense business systems and prioritize no fewer than four and
4 up to eight such systems for realignment and restructuring
5 into smaller increments and the incorporation of agile ac6 quisition methods.
7

(b) PROGRAM ASSESSMENT ELEMENTS.—The assess-

8 ment under subsection (a) shall include the following:
9

(1) A comparison of investments in business sys-

10

tems across the Department of Defense within each

11

business system portfolio category, such as personnel

12

and pay systems, accounting and financial systems,

13

and contracting and procurement systems.

14

(2) Identification of opportunities to rationalize

15

requirements across investments within a business

16

system portfolio.

17

(3) Identification of programs within business

18

system portfolio categories that are most closely fol-

19

lowing the best acquisition practices for software in-

20

tensive systems.

21

(c) PROGRAM REALIGNMENT SELECTION CRITERIA.—

22 In identifying programs for potential realignment, the Sec23 retary of Defense shall prioritize programs that—
24
25

(1) did not deliver any operational capability
within the prior calendar year;

† HR 2810 PAP

376
1
2

(2) have experienced cost growth and schedule
delay; and

3

(3) have similar user requirements to a better

4

performing program within the same business system

5

portfolio category.

6

(d) REALIGNMENT PLAN.—The Secretary of Defense

7 shall finalize a realignment plan within 60 days of pro8 grams being identified under subsection (c).
9

(e) REALIGNMENT EXECUTION.—Each realigned pro-

10 gram increment shall—
11

(1) be designed to deliver a meaningfully useful

12

capability within the first 180 days following realign-

13

ment;

14

(2) be designed to deliver subsequent meaning-

15

fully useful capabilities on timeframes of less than

16

180 days;

17

(3) incorporate cross-functional teams focused on

18

software production that prioritize user needs and

19

control of total cost of ownership;

20

(4) be staffed with highly qualified technically

21

trained staff and personnel with management and

22

business process expertise in leadership positions to

23

support requirements modification, acquisition strat-

24

egy, and program decision making;

† HR 2810 PAP

377
1

(5) ensure that realigned acquisition strategies

2

are broad enough to allow offerors to propose a serv-

3

ice, system, modified business practice, configuration

4

of personnel, or combination thereof as a solution;

5

(6) include periodic engagement with the user

6

community as well as representation by the user com-

7

munity in program management and software pro-

8

duction activity;

9

(7) ensure realigned acquisition strategies favor

10

outcomes-based requirements definition and capa-

11

bility as a service, including the establishment of tech-

12

nical evaluation criteria as outcomes to be used to

13

drive service-level-agreements with vendors; and

14

(8) consider options for termination of the rela-

15

tionship with any vendor unable or unwilling to offer

16

terms that meet the requirements of this section.

17

(f) CONSULTATION.—In conducting the program selec-

18 tion and realignments under this section, the Secretary
19 shall—
20

(1) use the tools, resources, and expertise of dig-

21

ital and innovation organizations resident in the De-

22

partment, such as the Defense Innovation Board, the

23

Defense Innovation Unit Experimental, the Defense

24

Science Board, the Defense Business Board, the De-

25

fense Digital Services, federally funded research and

† HR 2810 PAP

378
1

development centers, research laboratories, and other

2

technical, management, and acquisition experts;

3

(2) use the digital development and acquisition

4

expertise of the General Services Administration’s

5

Technology Transition Service, Office of 18F; and

6

(3) leverage the science, technology, and innova-

7

tion activities established pursuant to section 217 of

8

the National Defense Authorization Act for Fiscal

9

Year 2016 (Public Law 114–92; 10 U.S.C. 2445a

10

note).

11

(g) AGILE ACQUISITION DEFINED.—In this section, the

12 term ‘‘agile acquisition’’—
13

(1) means acquisition pursuant to a methodology

14

for delivering multiple, rapid, incremental capabili-

15

ties to the user for operational use, evaluation, and

16

feedback; and

17

(2) involves—

18

(A) the incremental development and field-

19

ing of capabilities, commonly called ‘‘spirals’’,

20

‘‘spins’’, or ‘‘sprints’’, which can be measured in

21

a few weeks or months; and

22

(B) continuous participation and collabora-

23

tion by users, testers, and requirements authori-

24

ties.

† HR 2810 PAP

379
1

SEC. 885. SOFTWARE DEVELOPMENT PILOT USING AGILE

2
3

BEST PRACTICES.

(a) IN GENERAL.—Not later than 30 days after the

4 date of the enactment of this Act, the Secretary of Defense
5 shall identify no fewer than four and up to eight software
6 development activities within the Department of Defense or
7 military departments to be developed using modern agile
8 acquisition methods.
9

(b) STREAMLINED PROCESSES.—Software develop-

10 ment activities identified under subsection (a) shall be de11 veloped without incorporation of the following contract or
12 transaction requirements:
13
14

(1) Earned Value Management (EVM) or EVMlike reporting.

15

(2) Development of Integrated Master Schedule.

16

(3) Development of Integrated Master Plan.

17

(4) Development of Technical Requirement Docu-

18
19
20
21
22
23

ment.
(5) Development of Systems Requirement Documents.
(6) Use of Information Technology Infrastructure
Library agreements.
(7) Use of Software Development Life Cycle

24

(methodology).

25

(c) ROLES AND RESPONSIBILITIES.—

† HR 2810 PAP

380
1
2

(1) IN

GENERAL.—Selected

activities shall in-

clude the following roles and responsibilities:

3

(A) A program manager that is empowered

4

to make all programmatic decisions within the

5

overarching activity objectives, including re-

6

sources, funding, personnel, and contract or

7

transaction termination recommendations.

8

(B) A product owner that reports directly to

9

the program manager and is responsible for the

10

overall design of the product, prioritization of

11

roadmap elements and interpretation of their ac-

12

ceptance criteria, and prioritization of the list of

13

all features desired in the product.

14

(C) An engineering lead that reports di-

15

rectly to the program manager and is responsible

16

for the implementation and operation of the soft-

17

ware.

18

(D) A design lead that reports directly to

19

the program manager and is responsible for

20

identifying, communicating, and visualizing

21

user needs through a human centered design

22

process.

23

(2) QUALIFICATIONS.—The Secretary shall estab-

24

lish qualifications for personnel filling these positions

25

prior to their selection. The qualifications may not

† HR 2810 PAP

381
1

include a positive education requirement and must be

2

based on technical expertise or experience in delivery

3

of software products, to include agile concepts.

4

(3) COORDINATION

PLAN FOR TESTING AND CER-

5

TIFICATION ORGANIZATIONS.—The

6

shall ensure resources for test and certification orga-

7

nizations support of iterative development processes.

8

(d) PLAN.—The Secretary of Defense or designee shall

program manager

9 develop a plan for each selected activity under the pilot to
10 include the following elements:
11

(1) Definition of a product vision, identifying a

12

succinct, clearly defined need the software will ad-

13

dress.

14

(2) Definition of a product road map, outlining

15

a noncontractual plan that identifies short-term and

16

long-term product goals and specific technology solu-

17

tions to help meet those goals and adjusts to mission

18

and user needs at the product owner’s discretion.

19

(3) The use of a Broad Agency Announcement,

20

Other Transaction Authority, or other rapid merit-

21

based solicitation procedure.

22
23

(4) Identification of, and continuous engagement
with, end users.

† HR 2810 PAP

382
1

(5) Frequent and iterative end user validation of

2

features and usability consistent with the principles

3

outlined in the Digital Services Playbook.

4

(6) Use of commercial best practices for ad-

5

vanced computing systems, including, where applica-

6

ble—

7

(A) Automated Testing, Integration, and

8

Deployment;

9

(B) compliance with applicable commercial

10

accessibility standards;

11

(C) capability to support modern versions

12

of multiple, common web browsers;

13

(D) capability to be viewable across com-

14

monly used end user devices, including mobile

15

devices; and

16
17

(E) built-in application monitoring.
(e) PROGRAM SCHEDULE.—The Secretary shall ensure

18 that each selected activity includes—
19
20

(1) award processes that take no longer than 3
months after a requirement is identified;

21
22

(2) planned frequent and iterative end user validation of implemented features and their usability;

23

(3) delivery of a functional prototype or mini-

24

mally viable product in 3 months or less from award;

25

and

† HR 2810 PAP

383
1

(4) follow-on delivery of iterative development

2

cycles no longer than 4 weeks apart, including secu-

3

rity testing and configuration management as appli-

4

cable.

5

(f) OVERSIGHT METRICS.—The Secretary shall ensure

6 that the selected activities—
7
8
9
10

(1) use a modern tracking tool to execute requirements backlog tracking; and
(2) use agile development metrics that, at a minimum, track—

11

(A) pace of work accomplishment;

12

(B) completeness of scope of testing activi-

13

ties (such as code coverage, fault tolerance, and

14

boundary testing);

15

(C) product quality attributes (such as

16

major and minor defects and measures of key

17

performance attributes and quality attributes);

18
19

(D) delivery progress relative to the current
product roadmap; and

20
21
22

(E) goals for each iteration.
(g) DATA RIGHTS.—
(1) UNCLASSIFIED

23

SOFTWARE.—

(A) DEPARTMENT

OF DEFENSE RIGHTS.—

24

The Department of Defense shall obtain suffi-

25

cient data rights for unclassified software so that

† HR 2810 PAP

384
1

all custom computer software developed under

2

the pilot activities are managed as open source

3

software.

4

(B) PUBLIC

AVAILABILITY.—The

contractor

5

shall publicly develop and release the source code

6

for unclassified custom software in a public re-

7

pository with a license through which the copy-

8

right holder provides the rights to use, study,

9

reuse, modify, enhance, and distribute the soft-

10

ware to anyone and for any purpose.

11

(2) OTHER

SOFTWARE.—For

all other custom

12

software delivered under the pilot activities, the De-

13

partment of Defense shall obtain sufficient data rights

14

to enable a third party, other than the pilot con-

15

tractor, to continue development and maintenance ac-

16

tivities throughout the program lifecycle.

17

(h) RESTRICTIONS.—

18

(1) USE

OF FUNDS.—No

funds made available

19

for the selected activities may be expended on esti-

20

mation or evaluation using source lines of code meth-

21

odologies.

22

(2) CONTRACT

TYPES.—The

Secretary of Defense

23

may not use lowest price technically acceptable con-

24

tracting methods or cost plus contracts to carry out

25

selected activities under this section, and shall encour-

† HR 2810 PAP

385
1

age the use of existing streamlined and flexible con-

2

tracting arrangements.

3

(i) CONSULTATION.—In executing the software devel-

4 opment activities under subsection (a), the Secretary
5 shall—
6

(1) use the tools, resources, and expertise of dig-

7

ital and innovation organizations resident in the De-

8

partment, such as the Defense Innovation Board, the

9

Defense Innovation Unit Experimental, the Defense

10

Science Board, the Defense Business Board, the De-

11

fense Digital Services, federally funded research and

12

development centers, research laboratories, and other

13

technical, management, and acquisition experts; and

14

(2) use, as appropriate, the digital development

15

and acquisition expertise of the General Services Ad-

16

ministration.

17

(j) REPORTS.—

18
19

(1) SOFTWARE

DEVELOPMENT ACTIVITY COM-

MENCEMENT.—

20

(A) IN

GENERAL.—Not

later than 30 days

21

before the commencement of a software develop-

22

ment activity under subsection (a), the Secretary

23

shall submit to the congressional defense commit-

24

tees a report on the pilot activity.

† HR 2810 PAP

386
1

(B) ELEMENTS.—The report on a pilot ac-

2

tivity under this paragraph shall set forth a de-

3

scription of the pilot activity, including the fol-

4

lowing information:

5

(i) The purpose of the pilot activity.

6

(ii) The duration of the pilot activity.

7

(iii) The efficiencies and benefits an-

8

ticipated to accrue to the Government under

9

the pilot program.

10
11

(2) SOFTWARE

DEVELOPMENT ACTIVITY COMPLE-

TION.—

12

(A) IN

GENERAL.—Not

later than 60 days

13

after the completion of a pilot activity, the Sec-

14

retary shall submit to the congressional defense

15

committees a report on the pilot activity.

16

(B) ELEMENTS.—The report on a pilot ac-

17

tivity under this paragraph shall include the fol-

18

lowing elements:

19

(i) A description of results of the pilot

20

activity.

21

(ii) Such recommendations for legisla-

22

tive or administrative action as the Sec-

23

retary considers appropriate in light of the

24

pilot activity.

† HR 2810 PAP

387
1

(k) AGILE ACQUISITION DEFINED.—In this section, the

2 term ‘‘agile acquisition’’—
3

(1) means acquisition pursuant to a methodology

4

for delivering multiple, rapid, incremental capabili-

5

ties to the user for operational use, evaluation, and

6

feedback; and

7

(2) involves—

8

(A) the incremental development and field-

9

ing of capabilities, commonly called ‘‘spirals’’,

10

‘‘spins’’, or ‘‘sprints’’, which can be measured in

11

a few weeks or months; and

12

(B) continuous participation and collabora-

13

tion by users, testers, and requirements authori-

14

ties.

15

SEC. 886. USE OF OPEN SOURCE SOFTWARE.

16

(a) OPEN SOURCE SOFTWARE.—

17

(1) IN

GENERAL.—Chapter

137 of title 10,

18

United States Code, is amended by inserting after sec-

19

tion 2320 the following new section:

20 ‘‘§ 2320a. Use of open source software
21

‘‘(a) SOFTWARE DEVELOPMENT.—All unclassified cus-

22 tom-developed computer software and related technical data
23 that is not a defense article regulated pursuant to section
24 38 of the Arms Export Control Act (22 U.S.C. 2778) and
25 that is developed under a contract or other transaction

† HR 2810 PAP

388
1 awarded by the Department of Defense on or after the date
2 that is 180 days after the date of the enactment of this sec3 tion shall be managed as open source software unless spe4 cifically waived by the service acquisition executive.
5
6

‘‘(b) RELEASE
TORY.—The

OF

SOFTWARE

IN

PUBLIC REPOSI-

Secretary of Defense shall require the con-

7 tractor to release source code and related technical data de8 scribed under subsection (a) in a public repository approved
9 by the Department of Defense, subject to a license through
10 which the copyright holder provides the rights to use, study,
11 reuse, modify, enhance, and distribute the software to any12 one and for any purpose.
13

‘‘(c) APPLICABILITY

TO

EXISTING SOFTWARE.—The

14 Secretary of Defense shall, where appropriate—
15

‘‘(1) seek to negotiate open source licenses to ex-

16

isting custom-developed computer software with con-

17

tractors that developed it; and

18

‘‘(2) release related source code and technical

19

data in a public repository location approved by the

20

Department of Defense.

21

‘‘(d) DEFINITIONS.—In this section:

22

‘‘(1)

CUSTOM-DEVELOPED

23

WARE.—The

24

ware’—

† HR 2810 PAP

COMPUTER

SOFT-

term ‘custom-developed computer soft-

389
1
2

‘‘(A) means human-readable source code, including segregable portions thereof, that is—

3

‘‘(i) first produced in the performance

4

of a Department of Defense contract, grant,

5

cooperative agreement, or other transaction;

6

or

7

‘‘(ii) developed by a contractor or sub-

8

contractor exclusively with Federal funds

9

(other than an item or process developed

10

under a contract or subcontract to which

11

regulations under section 9(j)(2) of the

12

Small Business Act (15 U.S.C. 638(j)(2))

13

apply); and

14

‘‘(B) does not include Commercial Off-The-

15

Shelf software, or packaged software developed

16

exclusively at private expense, whether delivered

17

as a Cloud Service, in binary form, or by any

18

other means of software delivery.

19

‘‘(2) TECHNICAL

DATA.—The

term ‘technical

20

data’ has the meaning given the term in section 2302

21

of this title.’’.

22

(2) CLERICAL

AMENDMENT.—The

table of sec-

23

tions at the beginning of such chapter is amended by

24

adding after the item relating to section 2320 the fol-

25

lowing new item:
‘‘2320a. Use of open source software.’’.
† HR 2810 PAP

390
1

(b) PRIZE COMPETITION.—The Secretary of Defense

2 shall create a prize for a research and develop program or
3 other activity for identifying, capturing, and storing exist4 ing Department of Defense custom-developed computer soft5 ware and related technical data. The Secretary of Defense
6 shall create an additional prize for improving, repurposing,
7 or reusing software to better support the Department of De8 fense mission. The prize programs shall be conducted in ac9 cordance with section 2374a of title 10, United States Code.
10

(c) REVERSE ENGINEERING.—The Secretary of De-

11 fense shall task the Defense Advanced Research Program
12 Agency with a project to identify methods to locate and re13 verse engineer Department of Defense custom-developed
14 computer software and related technical data for which
15 source code is unavailable.
16

(d) DEFINITIONS.—In this section:

17

(1)

18

WARE.—The

19

ware’’—

20
21

CUSTOM-DEVELOPED

COMPUTER

SOFT-

term ‘‘custom-developed computer soft-

(A) means human-readable source code, including segregable portions thereof, that is—

22

(i) first produced in the performance of

23

a Department of Defense contract, grant, co-

24

operative agreement, or other transaction;

25

or

† HR 2810 PAP

391
1

(ii) developed by a contractor or sub-

2

contractor exclusively with Federal funds

3

(other than an item or process developed

4

under a contract or subcontract to which

5

regulations under section 9(j)(2) of the

6

Small Business Act (15 U.S.C. 638(j)(2))

7

apply); and

8

(B) does not include Commercial Off-The-

9

Shelf software, or packaged software developed

10

exclusively at private expense, whether delivered

11

as a Cloud Service, in binary form, or by any

12

other means of software delivery.

13

(2) TECHNICAL

DATA.—The

term ‘‘technical

14

data’’ has the meaning given the term in section 2302

15

of title 10, United States Code.

16

(e) REGULATIONS.—Not later than 180 days after the

17 date of the enactment of this Act, the Secretary of Defense
18 shall amend the Defense Federal Acquisition Regulation
19 Supplement to carry out this section and the amendments
20 made by this section.

† HR 2810 PAP

392
1

Subtitle J—Other Matters

2

SEC. 891. IMPROVED TRANSPARENCY AND OVERSIGHT

3

OVER DEPARTMENT OF DEFENSE RESEARCH,

4

DEVELOPMENT, TEST, AND EVALUATION EF-

5

FORTS AND PROCUREMENT ACTIVITIES RE-

6

LATED TO MEDICAL RESEARCH.

7

The Secretary of Defense may not enter into a con-

8 tract, grant, or cooperative agreement for congressional spe9 cial interest medical research programs under the congres10 sionally directed medical research program of the Depart11 ment of Defense unless the contract, grant, or cooperative
12 agreement meets the following conditions:
13

(1) Compliance with the cost and price data re-

14

quirements under section 2306a of title 10, United

15

States Code.

16

(2) Compliance with the cost accounting stand-

17

ards under section 1502 of title 41, United States

18

Code.

19

(3) Compliance with requirements for full and

20

open competition under section 2304 of title 10,

21

United States Code, without reliance on one of the ex-

22

ceptions set forth in subsection (c) of such section.

† HR 2810 PAP

393
1

SEC. 892. RIGHTS IN TECHNICAL DATA RELATED TO MED-

2
3

ICAL RESEARCH.

The Secretary of Defense may not enter into a con-

4 tract, grant, or cooperative agreement for congressional spe5 cial interest medical research programs under the congres6 sionally directed medical research program of the Depart7 ment of Defense unless the contract, grant, or cooperative
8 agreement provides that the United States Government will
9 have the same rights to the technical data to an item or
10 process developed under the contract, grant, or cooperative
11 agreement as applicable under section 2320(a)(2)(A) of title
12 10, United States Code, to items and processes developed
13 exclusively with Federal funds where the medical research
14 results in medicines and other treatments that will be pro15 cured or otherwise paid for by the Federal Government
16 through the Department of Defense, the Department of Vet17 erans Affairs, Medicare, Medicaid, or other Federal Govern18 ment health programs.
19

SEC. 893. OVERSIGHT, AUDIT, AND CERTIFICATION FROM

20

THE DEFENSE CONTRACT AUDIT AGENCY FOR

21

PROCUREMENT

22

MEDICAL RESEARCH.

23

ACTIVITIES

RELATED

TO

The Secretary of Defense may not enter into a con-

24 tract, grant, or cooperative agreement for congressional spe25 cial interest medical research programs under the congres26 sionally directed medical research program of the Depart† HR 2810 PAP

394
1 ment of Defense unless the contract, grant, or cooperative
2 agreement meets the following conditions:
3

(1) Prior to obligation of any funds, review by

4

and certification from the Defense Contract Audit

5

Agency regarding the adequacy of the accounting sys-

6

tems of the proposed awardee, including a forward

7

pricing review of the awardee’s proposal.

8

(2) Prior to any payment on the contract, grant,

9

or cooperative agreement, performance by the Defense

10

Contract Audit Agency of an incurred cost audit.

11

SEC. 894. REQUIREMENTS FOR DEFENSE CONTRACT AUDIT

12
13

AGENCY REPORT.

Subparagraph (E) of section 2313a(a)(2) of title 10,

14 United States Code, is amended to read as follows:
15

‘‘(E) the total number and dollar value of

16

audits that are pending for a period longer than

17

18 months as of the end of the fiscal year covered

18

by the report, including a breakdown by type of

19

audit;’’.

20

SEC. 895. PROTOTYPE PROJECTS TO DIGITIZE DEFENSE AC-

21

QUISITION

22

GUIDANCE, AND EMPOWER USER TAILORING

23

OF ACQUISITION PROCESS.

24

REGULATIONS,

POLICIES,

AND

(a) IN GENERAL.—The Secretary of Defense, acting

25 through the Under Secretary of Defense for Research and

† HR 2810 PAP

395
1 Engineering, shall conduct development efforts to develop
2 prototypes to digitize defense acquisition regulations, poli3 cies, and guidance and to develop a digital decision support
4 tool that facilitates the ability of users to tailor programs
5 in accordance with existing laws, regulations, and guid6 ance.
7

(b) ELEMENTS.—Under the prototype projects, the Sec-

8 retary shall—
9

(1) convert existing acquisition policies, guides,

10

memos, templates, and reports to an online, inter-

11

active digital format to create a dynamic, integrated,

12

and authoritative knowledge environment for pur-

13

poses of assisting program managers and the acquisi-

14

tion workforce of the Department of Defense to navi-

15

gate the complex lifecycle for each major type of ac-

16

quisition program or activity of the Department;

17

(2) as part of this digital environment, create a

18

digital decision support capability that uses decision

19

trees and tailored acquisition models to assist users to

20

develop strategies and facilitate coordination and ap-

21

provals; and

22

(3) as part of this environment, establish a

23

foundational data layer to enable advanced data ana-

24

lytics on the acquisition enterprise of the Department,

† HR 2810 PAP

396
1

to include business process reengineering to improve

2

productivity.

3

(c) USE

4

TIES.—The

OF

PROTOTYPES

IN

ACQUISITION ACTIVI-

Under Secretary of Defense for Research and

5 Engineering shall encourage the use of these prototypes to
6 model, develop, and test any procedures, policies, instruc7 tions, or other forms of direction and guidance that may
8 be required to support acquisition training, practices, and
9 policies of the Department of Defense.
10

(d) FUNDING.—The Secretary may use the authority

11 under section 1705(e)(4)(B) of title 10, United States Code,
12 to develop acquisition support prototypes and tools under
13 this program.
14

SEC. 896. PILOT PROGRAM FOR ADOPTION OF ACQUISITION

15

STRATEGY FOR DEFENSE BASE ACT INSUR-

16

ANCE.

17

(a) IN GENERAL.—The Secretary of Defense shall es-

18 tablish a pilot program for the United States Army Corps
19 of Engineers (USACE) for purposes of adopting an acquisi20 tion strategy for insurance required by the Defense Base
21 Act (42 U.S.C. 1651 et seq.) in order to minimize the cost
22 of such insurance to the Department of Defense.
23

(b) CRITERIA.—The pilot program acquisition strat-

24 egy developed pursuant to subsection (a) shall address the
25 following criteria:

† HR 2810 PAP

397
1

(1) Minimize overhead costs associated with ob-

2

taining insurance required by the Defense Base Act,

3

such as direct or indirect costs for contract manage-

4

ment and contract administration.

5

(2) Minimize costs for coverage of such insurance

6

consistent with realistic assumptions regarding the

7

likelihood of incurred claims by contractors of the De-

8

partment and USACE.

9

(3) Provide for a correlation of premiums paid

10

in relation to claims incurred that is modeled on best

11

practices in government and industry for similar

12

kinds of insurance.

13

(4) Provide for a competitive marketplace for in-

14

surance required by the Defense Base Act to the max-

15

imum extent practicable.

16

(c) SINGLE CONTRACT.—

17

(1) IN

GENERAL.—In

adopting the pilot program

18

acquisition strategy pursuant to subsection (a), the

19

Secretary shall enter into a single Defense Base Act

20

insurance contract for USACE for contracts involving

21

performance in all theaters, and potentially including

22

combat operations.

23

(2) SCOPE.—The contract shall extend to all cat-

24

egories of insurance coverage, including construction,

25

aviation, security, and services contracts.

† HR 2810 PAP

398
1

(3) TERM.—The contract entered into under this

2

subsection shall be in effect for at least 3 years, or as

3

considered appropriate by the Secretary.

4

(d) REPORT.—

5

(1) IN

GENERAL.—Not

later than 180 days after

6

the date of the enactment of this Act, the Secretary

7

shall submit to the congressional defense committees a

8

report on the pilot program and the acquisition strat-

9

egy adopted pursuant to subsection (a).

10
11

(2) ELEMENTS.—The report required under
paragraph (1) shall include—

12

(A) a discussion of each of the options con-

13

sidered and the extent to which each option ad-

14

dresses the criteria identified under subsection

15

(b); and

16

(B) a plan to implement within 18 months

17

after the date of enactment of this Act the acqui-

18

sition strategy adopted by the Secretary.

19

(e) REVIEW

AND

RENEWAL

OF

PILOT PROGRAM

AND

20 ACQUISITION STRATEGY.—The Secretary shall review the
21 pilot program and may renew the program, provided that
22 the objectives have been reached.

† HR 2810 PAP

399
1

SEC. 897. PHASE III AWARDS.

2

Section 9(r)(4) of the Small Business Act (15 U.S.C.

3 638(r)(4)) is amended by striking ‘‘shall issue Phase III
4 awards’’ and inserting the following: ‘‘shall—
5

‘‘(A) consider an award under the SBIR

6

program or the STTR program to satisfy the re-

7

quirements under section 2304 of title 10, United

8

States Code, and any other applicable competi-

9

tion requirements; and

10

‘‘(B) issue, without further justification,

11
12

Phase III awards’’.
SEC.

898.

PILOT

PROGRAM

FOR

STREAMLINED

TECH-

13

NOLOGY TRANSITION FROM THE SBIR AND

14

STTR PROGRAMS OF THE DEPARTMENT OF

15

DEFENSE.

16

(a) DEFINITIONS.—In this section—

17

(1) the terms ‘‘commercialization’’, ‘‘Federal

18

agency’’, ‘‘Phase I’’, ‘‘Phase II’’, ‘‘Phase III’’,

19

‘‘SBIR’’, and ‘‘STTR’’ have the meanings given those

20

terms in section 9(e) of the Small Business Act (15

21

U.S.C. 638(e));

22
23

(2) the term ‘‘covered small business concern’’
means—

24

(A) a small business concern that completed

25

a Phase II award under the SBIR or STTR pro-

26

gram of the Department; or
† HR 2810 PAP

400
1

(B) a small business concern that—

2

(i) completed a Phase I award under

3

the SBIR or STTR program of the Depart-

4

ment; and

5

(ii) a contracting officer for the De-

6

partment recommends for inclusion in a

7

multiple award contract described in sub-

8

section (b);

9
10

(3) the term ‘‘Department’’ means the Department of Defense;

11

(4) the term ‘‘multiple award contract’’ has the

12

meaning given the term in section 3302(a) of title 41,

13

United States Code;

14
15

(5) the term ‘‘pilot program’’ means the pilot
program established under subsection (b); and

16

(6) the term ‘‘small business concern’’ has the

17

meaning given the term in section 3 of the Small

18

Business Act (15 U.S.C. 632).

19

(b) ESTABLISHMENT.—Not later than 180 days after

20 the date of enactment of this Act, the Secretary of Defense
21 shall establish a pilot program under which the Department
22 shall award multiple award contracts to covered small busi23 ness concerns for the purchase of technologies, supplies, or
24 services that the covered small business concern has devel25 oped through the SBIR or STTR program.

† HR 2810 PAP

401
1

(c) WAIVER

OF

COMPETITION

IN

CONTRACTING ACT

2 REQUIREMENTS.—The Secretary of Defense may establish
3 procedures to waive provisions of section 2304 of title 10,
4 United States Code, for purposes of carrying out the pilot
5 program.
6

(d) USE

OF

CONTRACT VEHICLE.—A multiple award

7 contract described in subsection (b) may be used by any
8 service or component of the Department.
9

(e) TERMINATION.—The pilot program established

10 under this section shall terminate on September 30, 2023.
11

(f) RULE

OF

CONSTRUCTION.—Nothing in this section

12 shall be construed to prevent the commercialization of prod13 ucts and services produced by a small business concern
14 under an SBIR or STTR program of a Federal agency
15 through—
16
17
18

(1) direct awards for Phase III of an SBIR or
STTR program; or
(2) any other contract vehicle.

19

SEC. 899. ANNUAL REPORT ON LIMITATION OF SUBCON-

20

TRACTOR INTELLECTUAL PROPERTY RIGHTS.

21

Not later than 180 days after the date of the enactment

22 of this Act, and annually thereafter for five years, the Sec23 retary of Defense shall submit to the congressional defense
24 committees a report listing all contracts entered into during
25 the previous fiscal year using procedures under part 15 of

† HR 2810 PAP

402
1 the Federal Acquisition Regulation where the prime con2 tractor limited the intellectual property rights of one or
3 more subcontractors without being required to do so by the
4 United States Government.
5

SEC. 899A. EXTENSION FROM 20 TO 30 YEARS OF MAXIMUM

6

TOTAL PERIOD FOR DEPARTMENT OF DE-

7

FENSE

8

DLING, OR DISTRIBUTION OF LIQUID FUELS

9

AND NATURAL GAS.

10

CONTRACTS

FOR

STORAGE,

HAN-

(a) EXTENSION.—Section 2922(b) of title 10, United

11 States Code, is amended by striking ‘‘a total of 20 years’’
12 and inserting ‘‘a total of 30 years’’.
13

(b) EFFECTIVE DATE.—The amendment made by sub-

14 section (a) shall take effect on October 1, 2027, and shall
15 apply with respect to contracts entered into on or after such
16 date.
17

SEC. 899B. EXCEPTION FOR DEPARTMENT OF DEFENSE

18

CONTRACTS

19

BUSINESS OPERATIONS CONDUCTED UNDER

20

GOVERNMENT CONTRACTS ACCEPT AND DIS-

21

PENSE $1 COINS.

22

FROM

REQUIREMENT

THAT

Section 5112(p)(1) of title 31, United States Code, is

23 amended by inserting ‘‘, with the exception of business oper24 ations conducted by any entity under a contract with the
25 Department of Defense,’’ before ‘‘shall take such action’’.

† HR 2810 PAP

403
1
2

SEC. 899C. INVESTING IN RURAL SMALL BUSINESSES.

(a) FLEXIBILITY

FOR

RESIDENCY

IN

HUBZONES.—

3 Section 3(p)(5)(A)(i)(I) of the Small Business Act (15
4 U.S.C. 632(p)(5)(A)(i)(I)) is amended by striking ‘‘35 per5 cent’’ each place that term appears and inserting ‘‘33 per6 cent’’.
7

(b) ENABLING LOCAL COMMUNITIES TO MAXIMIZE

8 ECONOMIC POTENTIAL.—The Small Business Act (15
9 U.S.C. 631 et seq.) is amended—
10

(1) in section 3(p)(1) (15 U.S.C. 632(p)(1))—

11
12

(A) in subparagraph (E), by striking ‘‘or’’
at the end;

13
14

(B) by redesignating subparagraph (F) as
subparagraph (G); and

15
16

(C) by inserting after subparagraph (E) the
following:

17

‘‘(F) another qualified area designated by

18

the Administrator under section 31(d); or’’; and

19

(2) in section 31 (15 U.S.C. 657a)—

20
21

(A) by redesignating subsection (d) as subsection (e); and

22
23
24
25

(B) by inserting after subsection (c) the following:
‘‘(d) OTHER QUALIFIED AREAS.—
‘‘(1) DEFINITIONS.—In this subsection—

† HR 2810 PAP

404
1
2

‘‘(A) the term ‘covered area’ means an area
in a State—

3

‘‘(i) that is located outside of an ur-

4

banized area, as determined by the Bureau

5

of the Census; and

6

‘‘(ii) with a population of not more

7

than 50,000;

8

‘‘(B) the term ‘governor’ means the chief ex-

9

ecutive of a State; and

10

‘‘(C) the term ‘State’ means each of the sev-

11

eral States, the District of Columbia, the Com-

12

monwealth of Puerto Rico, the Virgin Islands,

13

Guam, the Commonwealth of the Northern Mar-

14

iana Islands, and American Samoa.

15

‘‘(2) DESIGNATION.—A governor may petition

16

the Administrator to designate one or more covered

17

areas as a HUBZone if the average unemployment

18

rate of each covered area is not less than 120 percent

19

of the average unemployment rate of the United

20

States or of the State in which the covered area is lo-

21

cated, whichever is less, based on the most recent data

22

available from the American Community Survey con-

23

ducted by the Bureau of the Census.

† HR 2810 PAP

405
1

‘‘(3) CRITERIA.—In reviewing a petition sub-

2

mitted by a governor under paragraph (2), the Ad-

3

ministrator may consider—

4
5

‘‘(A) the potential for job creation and investment;

6

‘‘(B) the demonstrated interest of small

7

business concerns in the covered area to partici-

8

pate in the HUBZone program established under

9

section 31; and

10

‘‘(C) the consideration by State and local

11

government officials of a HUBZone as part of

12

an economic development strategy.

13

‘‘(4) PETITION.—With respect to a petition sub-

14

mitted by a governor to the Administrator under

15

paragraph (2)—

16

‘‘(A) the governor may submit not more

17

than 1 petition in a fiscal year unless the Ad-

18

ministrator determines that an additional peti-

19

tion from the State of the governor is appro-

20

priate;

21

‘‘(B) the governor may not submit a peti-

22

tion for more than 10 percent of the total num-

23

ber of covered areas in the State of the governor;

24

and

† HR 2810 PAP

406
1

‘‘(C) if the Administrator grants the peti-

2

tion and designates one or more covered areas as

3

a HUBZone, the governor shall, not less fre-

4

quently than annually, submit data to the Ad-

5

ministrator certifying that each covered area

6

continues to meet the requirements of clauses (i)

7

and (ii) of paragraph (1)(A).

8

‘‘(5) PROCESS.—The Administrator shall estab-

9

lish procedures—

10

‘‘(A) to ensure that the Administration ac-

11

cepts petitions under paragraph (2) from all

12

States each fiscal year; and

13

‘‘(B) to provide technical assistance, before

14

the filing of a petition under paragraph (2), to

15

a governor who is interested in filing such a pe-

16

tition.’’.

17

(c) ENSURING TIMELY CONSIDERATION

OF

HUBZONE

18 APPLICATIONS.—Section 3(p)(5) of the Small Business Act
19 (15 U.S.C. 632(p)(5)) is amended by adding at the end the
20 following:
21

‘‘(C) REVIEW

OF APPLICATIONS.—Not

later

22

than 60 days after the date on which the Admin-

23

istrator receives an application from a small

24

business concern to be certified as a qualified

25

HUBZone small business concern under sub-

† HR 2810 PAP

407
1

paragraph (A)(i), the Administrator shall ap-

2

prove or deny the application.’’.

7

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary
of Defense and Related Matters

8

SEC. 901. CHIEF MANAGEMENT OFFICER OF THE DEPART-

3
4
5
6

9
10
11

MENT OF DEFENSE.

(a) CHIEF MANAGEMENT OFFICER.—
(1) IN

GENERAL.—Effective

February 1, 2018,

12

section 132a of title 10, United States Code, is

13

amended to read as follows:

14 ‘‘§ 132a. Chief Management Officer
15

‘‘(a) APPOINTMENT.—There is a Chief Management

16 Officer of the Department of Defense, appointed from civil17 ian life by the President, by and with the advice and con18 sent of the Senate. The Chief Management Officer shall be
19 appointed from among persons who have an extensive man20 agement or business background and experience with man21 aging large or complex organizations. A person may not
22 be appointed as Chief Management Officer within seven
23 years after relief from active duty as a commissioned officer
24 of a regular component of an armed force.

† HR 2810 PAP

408
1

‘‘(b) RESPONSIBILITIES.—Subject to the authority, di-

2 rection, and control of the Secretary of Defense, the Chief
3 Management Officer shall perform such duties and exercise
4 such powers as the Secretary may prescribe, including—
5

‘‘(1) serving as the chief management officer of

6

the Department of Defense with the mission of man-

7

aging the business operations of the Department;

8

‘‘(2) serving as the principal advisor to the Sec-

9

retary on establishing policies for, and directing, all

10

business operations of the Department, including

11

business transformation, business planning and proc-

12

esses, performance management, and business infor-

13

mation technology management and improvement ac-

14

tivities and programs, including the allocation of re-

15

sources for business operations and unifying business

16

management efforts across the Department;

17

‘‘(3) exercising authority, direction, and control

18

over the Defense Agencies and Department of Defense

19

Field Activities providing shared business services for

20

the Department that are designated by the Secretary

21

for purposes of this paragraph;

22

‘‘(4) as of January 1, 2019—

23

‘‘(A) serving as the Chief Information Offi-

24

cer of the Department for purposes of section

25

2222 of this title;

† HR 2810 PAP

409
1

‘‘(B) administering the responsibilities and

2

duties specified in sections 11315 and 11319 of

3

title 40, section 3506(a)(2) of title 44, and sec-

4

tion 2223(a) of this title for business systems and

5

management; and

6

‘‘(C) any responsibilities, duties, and pow-

7

ers relating to business systems or management

8

that are exercisable by a chief information officer

9

for the Department, other than those responsibil-

10

ities, duties, and powers of a chief information

11

officer that are vested in the Chief Information

12

Warfare Officer by section 142 of this title;

13

‘‘(5) serving as the official with principal re-

14

sponsibility in the Department for providing for the

15

availability of common, usable, Defense-wide data sets

16

with applications such as improving acquisition out-

17

comes and personnel management; and

18

‘‘(6) the authority to direct the Secretaries of the

19

military departments and the heads of all other ele-

20

ments of the Department with regard to matters for

21

which the Chief Management Officer has responsi-

22

bility under this section.

23

‘‘(c) PRECEDENCE.—The Chief Management Officer

24 takes precedence in the Department of Defense after the Sec25 retary of Defense and the Deputy Secretary of Defense.’’.

† HR 2810 PAP

410
1

(2) CLERICAL

AMENDMENT.—Effective

February

2

1, 2018, the table of sections at the beginning of chap-

3

ter 4 of such title is amended by striking the item re-

4

lating to section 132a and inserting the following new

5

item:
‘‘132a. Chief Management Officer.’’.

6

(b) CONFORMING REPEAL

OF

PRIOR AUTHORITIES

ON

7 CMO.—
8

(1) IN

GENERAL.—Effective

on January 31,

9

2018, subsection (c) of section 901 of the National De-

10

fense Authorization Act for Fiscal Year 2017 (Public

11

Law 114–328; 130 Stat. 2341; 10 U.S.C. 131 note) is

12

repealed, and the amendments to be made by para-

13

graph (4) of that subsection shall not be made.

14

(2) FURTHER

CONFORMING AMENDMENTS.—Ef-

15

fective on February 1, 2018, section 132 of title 10,

16

United States Code, is amended—

17

(A) by striking subsection (c); and

18

(B) by redesignating subsection (d) as sub-

19
20

section (c).
(c) CONFORMING AMENDMENTS

ON

PRECEDENCE

IN

21 DOD.—Effective on February 1, 2018, and immediately
22 after the coming into effect of the amendments made by sec23 tion 901 of the National Defense Authorization Act for Fis24 cal Year 2017—

† HR 2810 PAP

411
1

(1) section 131(b) of title 10, United States Code,

2

is amended—

3

(A)

by

redesignating

paragraphs

(2)

4

through (9) as paragraphs (3) through (10), re-

5

spectively; and

6

(B) by inserting after paragraph (1) the fol-

7

lowing new paragraph (2):

8

‘‘(2) The Chief Management Officer of the De-

9
10

partment of Defense.’’;
(2) section 133a(c) of such title is amended—

11

(A) in paragraph (1), by striking ‘‘and the

12

Deputy Secretary of Defense’’ and inserting ‘‘,

13

the Deputy Secretary of Defense, and the Chief

14

Management Officer of the Department of De-

15

fense’’; and

16

(B) in paragraph (2), by inserting ‘‘the

17

Chief Management Officer,’’ after ‘‘the Deputy

18

Secretary,’’; and

19

(3) section 133b(c) of such title is amended—

20

(A) in paragraph (1), by inserting ‘‘the

21

Chief Management Officer of the Department of

22

Defense,’’ after ‘‘the Deputy Secretary of De-

23

fense,’’; and

† HR 2810 PAP

412
1

(B) in paragraph (2), by inserting ‘‘the

2

Chief Management Officer,’’ after ‘‘the Deputy

3

Secretary,’’.

4

(d) EXECUTIVE SCHEDULE LEVEL II.—Effective on

5 February 1, 2018, and immediately after the coming into
6 effect of the amendment made by section 901(h) of the Na7 tional Defense Authorization Act for Fiscal Year 2017, sec8 tion 5313 of title 5, United States Code, is amended by in9 serting before the item relating to the Under Secretary of
10 Defense for Research and Engineering the following new
11 item:
12

‘‘Chief Management Officer of the Department of

13

Defense.’’.

14

(e) SERVICE

15

MENT

OFFICER

16 COMMENCEMENT
17

THER

OF INCUMBENT

AS

DEPUTY CHIEF MANAGE-

CHIEF MANAGEMENT OFFICER UPON

OF

LATTER POSITION WITHOUT FUR-

APPOINTMENT.—The individual serving in the posi-

18 tion of Deputy Chief Management Officer of the Department
19 of Defense as of February 1, 2018, may continue to serve
20 as Chief Management Officer of the Department of Defense
21 under section 132a of title 10, United States Code (as
22 amended by subsection (a)), commencing as of that date
23 without further appointment pursuant to such section 132a.
24
25

(f) REPORT
TIVITIES

ON

DEFENSE AGENCIES

AND

FIELD AC-

PROVIDING SHARED BUSINESS SERVICES.—Not

† HR 2810 PAP

413
1 later than January 15, 2018, the Secretary of Defense shall
2 submit to the congressional defense committees a report
3 specifying each Defense Agency and Department of Defense
4 Field Activity providing shared business services for the De5 partment of Defense that is to be designated by the Sec6 retary for purposes of subsection (b)(3) of section 132a of
7 title 10, United States Code (as so amended), as of the com8 ing into effect of such section 132a.
9
10

(g) NOTICE
SIGHT OF

TO

CONGRESS

DEFENSE AGENCIES

ON

TRANSFER

AND

OF

OVER-

FIELD ACTIVITIES

11 WITH BUSINESS-SUPPORT FUNCTIONS TO CMO.—Upon the
12 transfer of responsibility for oversight of a Defense Agency
13 or Department of Defense Field Activity specified in sub14 section (c) of section 132a of title 10, United States Code
15 (as so amended), to the Chief Management Officer of the
16 Department of Defense, the Secretary of Defense shall sub17 mit to the congressional defense committees a notice on the
18 transfer, including the Defense Agency or Field Activity
19 subject to the transfer and a description of the nature and
20 scope of the responsibility for oversight transferred.
21

SEC. 902. REALIGNMENT OF RESPONSIBILITIES, DUTIES,

22

AND POWERS OF CHIEF INFORMATION OFFI-

23

CER OF THE DEPARTMENT OF DEFENSE.

24

(a) IN GENERAL.—Effective on January 1, 2019, the

25 responsibilities, duties, and powers vested in the Chief In-

† HR 2810 PAP

414
1 formation Officer of the Department of Defense as of Decem2 ber 31, 2018, are realigned as follows:
3

(1) There is vested in the Chief Information

4

Warfare Officer of the Department of Defense the re-

5

sponsibilities, duties, and powers provided for by sec-

6

tion 142 of title 10, United States Code (as amended

7

by subsection (b)).

8

(2) There is vested in the Chief Management Of-

9

ficer of the Department of Defense any responsibil-

10

ities, duties, and powers vested in the Chief Informa-

11

tion Officer of the Department of Defense as of De-

12

cember 31, 2018, that are not vested in the Chief In-

13

formation Warfare Officer by paragraph (1) and such

14

section 142.

15

(b) CHIEF INFORMATION WARFARE OFFICER.—

16
17

(1) IN

GENERAL.—Section

142 of title 10,

United States Code, is amended to read as follows:

18 ‘‘§ 142. Chief Information Warfare Officer
19

‘‘(a) IN GENERAL.—(1) There is a Chief Information

20 Warfare Officer of the Department of Defense, who shall be
21 appointed from among civilians who are qualified to serve
22 as the Chief Information Warfare Officer by the President,
23 by and with the advice and consent of the Senate.

† HR 2810 PAP

415
1

‘‘(2) The Chief Information Warfare Officer shall re-

2 port directly to the Secretary of Defense in the performance
3 of duties under this section.
4

‘‘(b) RESPONSIBILITY

AND

AUTHORITY.—(1) Subject

5 to the authority, direction, and control of the Secretary of
6 Defense, the Chief Information Warfare Officer is respon7 sible for all matters relating to the information environment
8 of the Department of Defense and has the authority to estab9 lish policy for, and direct the Secretaries of the military
10 departments and the heads of all other elements of the De11 partment relating to, the matters as follow:
12

‘‘(A) Space and space launch systems.

13

‘‘(B) Communications networks and information

14

technology (other than business systems).

15

‘‘(C) National security systems.

16

‘‘(D) Information assurance and cybersecurity.

17

‘‘(E) Electronic warfare and cyber warfare.

18

‘‘(F) Nuclear command and control and senior

19
20
21

leadership communications systems.
‘‘(G) Command and control systems and networks.

22

‘‘(H) The electromagnetic spectrum.

23

‘‘(I) Positioning, navigation, and timing.

24

‘‘(J) Any other matters assigned to the Chief In-

25

formation Officer of the Department of Defense, not

† HR 2810 PAP

416
1

relating to business systems or management, in sec-

2

tions 2223 and 2224 of this title, sections 11315 and

3

11319 of title 40, and sections 3506 and 3544 of title

4

44.

5

‘‘(2) In addition to the responsibilities in paragraph

6 (1), the responsibilities of the Chief Information Warfare
7 Officer include—
8

‘‘(A) exercising authority, direction, and control

9

over the missions, programs, and organizational ele-

10

ments pertaining to information assurance (formally

11

Information Assurance Directorate) of the National

12

Security Agency;

13

‘‘(B) exercising authority, direction, and control

14

over the Defense Information Systems Agency, or any

15

successor organization, for the matters described in

16

paragraph (1); and

17

‘‘(C) responsibilities for policy, oversight, guid-

18

ance, and coordination for all Department matters re-

19

lating to the electromagnetic spectrum, including—

20
21

‘‘(i) coordination with other Federal agencies and the private sector;

22
23

‘‘(ii) coordination for classified programs;
and

† HR 2810 PAP

417
1

‘‘(iii) in coordination with the Under Sec-

2

retary for Personnel and Health, the spectrum

3

management workforce.

4

‘‘(3) Notwithstanding the exemptions for the Depart-

5 ment of Defense in section 11319 of title 40, the authority
6 of the Chief Information Warfare Officer to direct the secre7 taries of the military departments for information warfare
8 matters as provided in paragraph (1) shall include—
9

‘‘(A) playing a significant and directive role in

10

the decision processes for all annual and multi-year

11

planning, programming, budgeting, and execution de-

12

cisions, including the authority to realign the ele-

13

ments of the budgets and budget requests of the mili-

14

tary departments that pertain to the responsibilities

15

of the Chief Information Warfare Officer;

16
17

‘‘(B) reviewing and approving any funding request or reprogramming request;

18

‘‘(C) ensuring that the military departments

19

comply with Government and Department standards

20

on a matter described in paragraph (1) or (2);

21

‘‘(D) reviewing and approving the appointment

22

of any other employee who functions in the capacity

23

of a Chief Information Officer or a Chief Information

24

Warfare Officer for any component within the De-

† HR 2810 PAP

418
1

partment, except for the Chief Management Officer of

2

the Department of Defense; and

3

‘‘(E) participating in all meetings, management,

4

and decision-making forums on issues pertaining to

5

any matter described in paragraph (1) or (2).

6

‘‘(4) The Chief Information Warfare Officer shall over-

7 see and may require that programs of the military depart8 ments comply with such direction and standards as the
9 Chief Information Warfare Officer may establish relating
10 to a matter described in paragraph (1) or (2).
11

‘‘(5) The Chief Information Warfare Officer shall per-

12 form such additional duties and exercise such additional
13 powers as the Secretary may prescribe.
14

‘‘(c) CHIEF INFORMATION OFFICER

FOR

CERTAIN

15 PURPOSES.—The Chief Information Warfare Officer—
16

‘‘(1) is the Chief Information Officer of the De-

17

partment of Defense for purposes of 3554(a)(3) of title

18

44 and section 2224 of this title; and

19

‘‘(2) in coordination with the Chief Management

20

Officer of the Department of Defense, is the Chief In-

21

formation Officer of the Department of Defense for

22

purposes of section 11315 of title 40 and section 2223

23

of this title.

24

‘‘(d) PRINCIPAL CYBER ADVISOR.—In addition to any

25 other duties under this section, the Chief Information War-

† HR 2810 PAP

419
1 fare Officer shall serve as Principal Cyber Advisor under
2 section 932(c) of the National Defense Authorization Act for
3 Fiscal Year 2014 (10 U.S.C. 2224 note).
4

‘‘(e) PRINCIPAL DEPARTMENT

OF

DEFENSE SPACE

5 ADVISOR.—In addition to any other duties under this sec6 tion, the Chief Information Warfare Officer shall perform
7 the duties of the Principal Department of Defense Space
8 Advisor in accordance with Department of Defense Direc9 tive 5100.96 and any succeeding directive.
10

‘‘(f) COLLABORATIVE MECHANISMS.—(1) The Sec-

11 retary of Defense shall establish collaboration mechanisms
12 between the Chief Information Warfare Officer and the
13 Under Secretary of Defense for Intelligence, the Under Sec14 retary of Defense for Policy, the Chairman of the Joint
15 Chiefs of Staff, and the Assistant Secretary of Defense for
16 Public Affairs for purposes of developing and overseeing the
17 execution of offensive and defensive information warfare
18 strategies, plans, programs, and operations.
19

‘‘(2) The strategies, plans, programs and operations

20 shall appropriately integrate cyber, electronic, and electro21 magnetic spectrum warfare, military deception, military
22 information support operations, and public affairs to con23 duct, counter, and deter information warfare.
24

‘‘(g) PRECEDENCE

IN

DOD.—(1) The Chief Informa-

25 tion Warfare Officer shall take precedence in the Depart-

† HR 2810 PAP

420
1 ment of Defense with the officials serving in positions speci2 fied in section 131(b)(2) of this title.
3

‘‘(2) The officials serving in positions specified in such

4 section and the Chief Information Warfare Officer take
5 precedence among themselves in the order prescribed by the
6 Secretary.’’.
7

(2) CLERICAL

AMENDMENT.—The

table of sec-

8

tions at the beginning of chapter 4 of such title is

9

amended by striking the item relating to section 142

10

and inserting the following new item:
‘‘142. Chief Information Warfare Officer.’’.

11

(3) EXECUTIVE

SCHEDULE LEVEL II.—Section

12

5313 of title 5, United States Code, is amended by in-

13

serting after the item relating to the Deputy Secretary

14

of Defense the following new item:

15
16

‘‘Chief Information Warfare Officer of the Department of Defense.’’.

17

(4) REFERENCES.—Any reference to the Chief

18

Information Officer of the Department of Defense in

19

any law, regulation, map, document, record, or other

20

paper of the United States in that official’s capacity

21

as the official responsible for the information security

22

and information dominance of the Department of De-

23

fense shall be deemed to be a reference to Chief Infor-

24

mation Warfare Officer of the Department of Defense.

† HR 2810 PAP

421
1

(5) PRINCIPAL

CYBER ADVISOR.—Paragraph

(1)

2

of section 932(c) of the National Defense Authoriza-

3

tion Act for Fiscal Year 2014 (Public Law 113–66;

4

127 Stat. 829; 10 U.S.C. 2224 note) is amended to

5

read as follows:

6

‘‘(1) IN

GENERAL.—The

Chief Information War-

7

fare Officer of the Department of Defense under sec-

8

tion 142 of title 10, United States Code, shall serve

9

as the Principal Cyber Advisor to act as the principal

10

advisor to the Secretary on military cyber forces and

11

activities.’’.

12

(6) STANDARDS

FOR NETWORKS.—A

military de-

13

partment may not develop or procure a network that

14

does not fully comply with such standards as the

15

Chief Information Warfare Officer under section 142

16

of title 10, United States Code (as amended by para-

17

graph (1)), may establish relating to a matter de-

18

scribed in subsection (b) of such section.

19

(7) ALTERNATIVE

PROPOSAL.—Not

later than

20

March 1, 2018, the Secretary of Defense shall submit

21

to the congressional defense committees a proposal for

22

such alternatives or modifications to the realignment

23

of responsibilities required by section 142 of title 10,

24

United States Code (as so amended), as the Secretary

25

considers appropriate, together with an implementa-

† HR 2810 PAP

422
1

tion plan for such proposal. The proposal may not be

2

carried out unless approved by statute.

3

(8) QUARTERLY

BRIEFING

ON

IMPLEMENTA-

4

TION.—Not

5

90 days thereafter through January 1, 2019, the Sec-

6

retary shall provide to the congressional defense com-

7

mittees a briefing on the status of the implementation

8

of the Chief Information Warfare Officer of the De-

9

partment of Defense under section 142 of title 10,

10

United States Code (as so amended), during the pre-

11

ceding 90 days.

12

later than January 30, 2018, and every

(9) EFFECTIVE

13

(A) IN

DATE.—

GENERAL.—Except

as provided in

14

subparagraph (B), this subsection and the

15

amendments made by this subsection shall take

16

effect on January 1, 2019.

17

(B) INTERIM

MATTERS.—Paragraphs

(7)

18

and (8) of this subsection shall take effect on the

19

date of the enactment of this Act.

† HR 2810 PAP

423
1

SEC. 903. CLARIFICATION OF AUTHORITY OF UNDER SEC-

2

RETARY OF DEFENSE FOR ACQUISITION AND

3

SUSTAINMENT WITH RESPECT TO SERVICE

4

ACQUISITION PROGRAMS FOR WHICH THE

5

SERVICE ACQUISITION EXECUTIVE IS THE

6

MILESTONE DECISION AUTHORITY.

7

Effective on February 1, 2018, and immediately after

8 the coming into effect of the amendment made by section
9 901(b) of the National Defense Authorization Act for Fiscal
10 Year 2017 (Public Law 114–328), subsection (b)(6) of sec11 tion 133b of title 10, United States Code, as added by such
12 section 901(b), is amended by striking ‘‘supervisory author13 ity’’ and inserting ‘‘advisory authority’’.
14

SEC. 904. EXECUTIVE SCHEDULE MATTERS RELATING TO

15

UNDER SECRETARY OF DEFENSE FOR ACQUI-

16

SITION AND SUSTAINMENT.

17

(a) INAPPLICABILITY

OF

PENDING AMENDMENT.—The

18 amendment to be made by section 901(h) of the National
19 Defense Authorization Act for Fiscal Year 2017 (Public
20 Law 114–328; 130 Stat. 2342) with regard to the Under
21 Secretary of Defense for Acquisition and Sustainment shall
22 not be made.
23

(b) EXECUTIVE SCHEDULE LEVEL III.—Effective on

24 February 1, 2018, section 5314 of title 5, United States
25 Code, is amended by inserting before the item relating to
26 the Under Secretary of Defense for Policy the following:
† HR 2810 PAP

424
1
2
3
4

‘‘Under Secretary of Defense for Acquisition and
Sustainment.’’.
SEC. 905. TECHNICAL AMENDMENT.

Section 901(a) of the National Defense Authorization

5 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
6 2339; 10 U.S.C. 133a note) is amended—
7

(1) by striking ‘‘RESEARCH

AND

ENGINEER-

8

ING.—’’

9

February 1, 2018’’ and inserting ‘‘RESEARCH

10
11

and all that follows through ‘‘Effective on
AND

ENGINEERING.—Effective on February 1, 2018’’; and
(2) by striking paragraph (2).

12

SEC. 906. REDESIGNATION OF UNDER SECRETARY OF DE-

13

FENSE FOR PERSONNEL AND READINESS AS

14

UNDER SECRETARY OF DEFENSE FOR PER-

15

SONNEL AND HEALTH.

16
17

(a) REDESIGNATION.—
(1) IN

GENERAL.—Section

136 of title 10,

18

United States Code, is amended by striking ‘‘and

19

Readiness’’ each place it appears and inserting ‘‘and

20

Health’’.

21
22

(2) HEADING

AMENDMENT.—The

section is amended to read as follows:

† HR 2810 PAP

heading of such

425
1 ‘‘§ 136. Under Secretary of Defense for Personnel and
2

Health’’.

3

(3) CLERICAL

AMENDMENT.—The

table of sec-

4

tions at the beginning of chapter 4 of such title is

5

amended by striking the item relating to section 136

6

and inserting the following new item:
‘‘136. Under Secretary of Defense for Personnel and Health.’’.

7
8

(b) CONFORMING AMENDMENTS.—
(1) TITLE

10.—

9

(A) Subparagraph (D) of section 131(b)(2)

10

of title 10, United States Code, is amended to

11

read as follows:

12
13

‘‘(D) The Under Secretary of Defense for
Personnel and Health.’’.

14

(B) Section 137(c) of such title is amended

15

by striking ‘‘and Readiness’’ and inserting ‘‘and

16

Health’’.

17

(2) EXECUTIVE

SCHEDULE LEVEL III.—Section

18

5314 of title 5, United States Code, is amended by

19

striking the item relating to the Under Secretary of

20

Defense for Personnel and Readiness and inserting

21

the following new item:

22

‘‘Under Secretary of Defense for Personnel and

23

Health.’’.

24

(c) REFERENCES.—Any reference to the Under Sec-

25 retary of Defense for Personnel and Readiness in any law,
† HR 2810 PAP

426
1 regulation, map, document, record, or other paper of the
2 United States shall be deemed to be a reference to the Under
3 Secretary of Defense for Personnel and Health.
4

SEC. 907. QUALIFICATIONS FOR APPOINTMENT AND ADDI-

5

TIONAL DUTIES AND POWERS OF CERTAIN

6

OFFICIALS

7

UNDER

8

TROLLER).

9
10
11

(a)

UNDER

WITHIN

THE

SECRETARY

SECRETARY

OF

OF

OFFICE
DEFENSE

DEFENSE

OF

THE

(COMP-

(COMP-

TROLLER).—

(1) QUALIFICATION

FOR

APPOINTMENT.—Sub-

12

section (a) of section 135 of title 10, United States

13

Code, is amended—

14

(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

15

(B) by adding at the end the following new

16
17

paragraph:
‘‘(2)(A) Any individual appointed as Under Secretary

18 of Defense (Comptroller) shall be an individual who—
19
20

‘‘(i) has significant financial management service in—

21

‘‘(I) a Federal or State agency that received

22

an audit with an unqualified opinion on such

23

agency’s financial statements during the time of

24

such individual’s service; or

† HR 2810 PAP

427
1

‘‘(II) a public company that received an

2

audit with an unqualified opinion on such com-

3

pany’s financial statements during the time of

4

such individual’s service; or

5

‘‘(ii) has served as chief financial officer, deputy

6

chief financial officer, or an equivalent executive-level

7

position with direct authority for financial manage-

8

ment in a large public or private sector organization.

9

‘‘(B) In this paragraph, the term ‘public company’ has

10 the meaning given the term ‘issuer’ in section 2(7) of the
11 Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).’’.
12
13

(2) DUTIES

(A) by redesignating subsections (d) and (e)
as subsections (e) and (f), respectively; and

16
17
18

section is fur-

ther amended—

14
15

AND POWERS.—Such

(B) by inserting after subsection (c) the following new subsection (d):
‘‘(d) In addition to any duties under subsection (c),

19 the Under Secretary of Defense (Comptroller) shall, subject
20 to the authority, direction, and control of the Secretary of
21 Defense, do the following:
22

‘‘(1) Provide guidance and instruction on an-

23

nual performance plans and evaluations to the fol-

24

lowing:

† HR 2810 PAP

428
1
2

‘‘(A) The Assistant Secretaries of the military departments for financial management.

3

‘‘(B) Any other official of an agency, orga-

4

nization, or element of the Department of De-

5

fense with responsibility for financial manage-

6

ment.

7

‘‘(2) Give directions to the military departments,

8

Defense Agencies, and other organizations and ele-

9

ments of the Department of Defense regarding their

10

financial statements and the audit and audit readi-

11

ness of such financial statements.’’.

12

(b) DEPUTY CHIEF FINANCIAL OFFICER.—

13

(1) QUALIFICATION

FOR APPOINTMENT.—Any

in-

14

dividual appointed as Deputy Chief Financial Officer

15

of the Department of Defense shall be an individual

16

who—

17
18

(A) has significant financial management
service in—

19

(i) a Federal or State agency that re-

20

ceived an audit with an unqualified opin-

21

ion on such agency’s financial statements

22

during the time of such individual’s service;

23

or

24

(ii) a public company that received an

25

audit with an unqualified opinion on such

† HR 2810 PAP

429
1

company’s financial statements during the

2

time of such individual’s service; or

3

(B) has served as chief financial officer,

4

deputy chief financial officer, or an equivalent

5

executive-level position with direct authority for

6

financial management in a large public or pri-

7

vate sector organization.

8

(2) PUBLIC

COMPANY DEFINED.—In

this sub-

9

section, the term ‘‘public company’’ has the meaning

10

given the term ‘‘issuer’’ in section 2(7) of the Sar-

11

banes-Oxley Act of 2002 (15 U.S.C. 7201(7)).

12

(c) APPLICABILITY.—This section and the amendments

13 made by this section shall take effect on the date of the en14 actment of this Act, and shall apply with respect to ap15 pointments that are made on or after that date.
16

SEC. 908. FIVE-YEAR PERIOD OF RELIEF FROM ACTIVE

17

DUTY AS A COMMISSIONED OFFICER OF A

18

REGULAR

19

FORCES FOR APPOINTMENT TO UNDER SEC-

20

RETARY OF DEFENSE POSITIONS.

21
22

COMPONENT

(a) UNDER SECRETARY
AND

OF

OF

DEFENSE

THE

FOR

ARMED

RESEARCH

ENGINEERING.—Effective on February 1, 2018, and

23 immediately after the coming into effect of the amendments
24 made by subsection (a) of the National Defense Authoriza25 tion Act for Fiscal Year 2017 (130 Stat. 2339), section

† HR 2810 PAP

430
1 133a(a) of title 10, United States Code (as added by such
2 subsection (a)), is amended by striking ‘‘seven years’’ and
3 inserting ‘‘five years’’.
4
5

(b) UNDER SECRETARY
TION AND

OF

DEFENSE

FOR

ACQUISI-

SUSTAINMENT.—Effective on February 1, 2018,

6 and immediately after the coming into effect of the amend7 ments made by subsection (b) of the National Defense Au8 thorization Act for Fiscal Year 2017 (130 Stat. 2340), sec9 tion 133b(a) of title 10, United States Code (as added by
10 such subsection (b)), is amended by striking ‘‘seven years’’
11 and inserting ‘‘five years’’.
12

(c) UNDER SECRETARY

OF

DEFENSE

FOR

POLICY.—

13 Section 134(a) of title 10, United States Code, is amended
14 by striking ‘‘seven years’’ and inserting ‘‘five years’’.
15
16

(d)

UNDER

TROLLER).—Section

SECRETARY

OF

DEFENSE

(COMP-

135(a) of such title is amended by add-

17 ing at the end the following new sentence: ‘‘A person may
18 not be appointed as Under Secretary within five years after
19 relief from active duty as a commissioned officer of a reg20 ular component of the armed forces.’’.
21
22

(e) UNDER SECRETARY
AND

OF

DEFENSE

FOR

PERSONNEL

HEALTH.—Subsection (a) of section 136 of such title,

23 as amended by section 906(a) of this Act, is further amend24 ed by adding at the end the following new sentence: ‘‘A per25 son may not be appointed as Under Secretary within five

† HR 2810 PAP

431
1 years after relief from active duty as a commissioned officer
2 of a regular component of the armed forces.’’.
3
4

(f) UNDER SECRETARY
LIGENCE.—Section

OF

DEFENSE

FOR

INTEL-

137(a) of such title is amended by add-

5 ing at the end the following new sentence: ‘‘A person may
6 not be appointed as Under Secretary within five years after
7 relief from active duty as a commissioned officer of a reg8 ular component of the armed forces.’’.
9

SEC. 909. REDESIGNATION OF PRINCIPAL DEPUTY UNDER

10

SECRETARIES

11

UNDER SECRETARIES OF DEFENSE AND RE-

12

LATED MATTERS.

13

OF

DEFENSE

AS

DEPUTY

(a) REDESIGNATION.—Section 137a of title 10, United

14 States Code, is amended by striking ‘‘Principal’’ each place
15 it appears.
16

(b) INCREASE

IN

AUTHORIZED NUMBER.—Subsection

17 (a)(1) of such section is amended by striking ‘‘five’’ and
18 inserting ‘‘six’’.
19
20

(c) REPLACEMENT
SITIONS IN

OF

ATL POSITION WITH TWO PO-

CONNECTION WITH OSD REFORM.—Subsection

21 (c) of such section is amended—
22
23
24
25

(1) by redesignating paragraphs (2) through (5)
as paragraphs (3) through (6), respectively; and
(2) by striking paragraph (1) and inserting the
following new paragraphs:

† HR 2810 PAP

432
1

‘‘(1) One of the Deputy Under Secretaries is the Dep-

2 uty Under Secretary of Defense for Research and Engineer3 ing.
4

‘‘(2) One of the Deputy Under Secretaries is the Dep-

5 uty Under Secretary of Defense for Acquisition and
6 Sustainment.’’.
7

(d) REDESIGNATION

8 READINESS

AS

DUSD

OF

FOR

DUSD

FOR

PERSONNEL

PERSONNEL
AND

AND

HEALTH.—

9 Paragraph (4) of subsection (c) of such section, as amended
10 and redesignated by this section, is further amended by
11 striking ‘‘Personnel and Readiness’’ and inserting ‘‘Per12 sonnel and Health’’.
13

(e) CONFORMING AMENDMENTS.—

14

(1) OSD.—Paragraph (6) of section 131(b) of

15

title 10, United States Code, is amended to read as

16

follows:

17

‘‘(6) The Deputy Under Secretaries of Defense.’’.

18

(2) PRECEDENCE.—Section 138(d) of such title

19

is amended by striking ‘‘Principal’’.

20

(f) EXECUTIVE SCHEDULE LEVEL IV.—

21
22

(1) IN

GENERAL.—Section

5315 of title 5,

United States Code, is amended—

23

(A) by striking ‘‘Principal’’ in the items re-

24

lating to the Principal Deputy Under Secretary

25

of Defense for Policy, the Principal Deputy

† HR 2810 PAP

433
1

Under Secretary of Defense (Comptroller), and

2

the Principal Deputy Under Secretary of Defense

3

for Intelligence; and

4

(B) by striking the item relating to the

5

Principal Deputy Under Secretary of Defense for

6

Personnel and Readiness and inserting the fol-

7

lowing new item:

8

‘‘Deputy Under Secretary of Defense for Per-

9
10

sonnel and Health.’’.
(2) OSD

REFORM.—Section

5315 of such title is

11

further amended by inserting before the item relating

12

to the Deputy Under Secretary of Defense for Policy,

13

as amended by paragraph (1)(A), the following new

14

items:

15
16
17

‘‘Deputy Under Secretary of Defense for Research and Engineering.
‘‘Deputy Under Secretary of Defense for Acquisi-

18

tion and Sustainment.’’.

19

(g) CLERICAL AMENDMENTS.—

20
21

(1) HEADING

AMENDMENT.—The

heading of sec-

tion 137a of such title is amended to read as follows:

22 ‘‘§ 137a. Deputy Under Secretaries of Defense’’.
23
24

(2) CLERICAL

AMENDMENT.—The

table of sec-

tions at the beginning of chapter 4 of such title is

† HR 2810 PAP

434
1

amended by striking the item relating to section 137a

2

and inserting the following new item:
‘‘137a. Deputy Under Secretaries of Defense.’’.

3
4

(h) EFFECTIVE DATES.—
(1) IN

GENERAL.—Except

as provided in para-

5

graph (2), the amendments made by this section shall

6

take effect on the date of the enactment of this Act.

7

(2) ATL

POSITION AMENDMENTS.—The

amend-

8

ments made by subsections (b), (c), and (f)(2) of this

9

section shall take effect on February 1, 2018, imme-

10

diately after the coming into effect of the amendments

11

made by subsections (a) and (b) of section 901 of the

12

National Defense Authorization Act for Fiscal Year

13

2017 (Public Law 114–328; 130 Stat. 2339), to which

14

the amendments made by subsections (b), (c), and

15

(f)(2) of this section relate.

16

SEC. 910. REDUCTION OF NUMBER AND ELIMINATION OF

17

SPECIFIC DESIGNATIONS OF ASSISTANT SEC-

18

RETARIES OF DEFENSE.

19

(a) REDUCTION

OF

AUTHORIZED NUMBER.—Sub-

20 section (a)(1) of section 138 of title 10, United States Code,
21 is amended by striking ‘‘14’’ and inserting ‘‘13’’.
22
23
24

(b) ELIMINATION
TIONS.—Subsection

OF

CERTAIN SPECIFIC DESIGNA-

(b) of such section is amended—

(1) by striking paragraphs (2), (3), and (5); and

† HR 2810 PAP

435
1

(2) by redesignating paragraphs (4) and (6) as

2
3

paragraphs (2) and (3), respectively.
SEC. 911. LIMITATION ON MAXIMUM NUMBER OF DEPUTY

4

ASSISTANT SECRETARIES OF DEFENSE.

5

The maximum number of Deputy Assistant Secretaries

6 of Defense after the date of the enactment of this Act may
7 not exceed 46.
8

SEC. 912. MODIFICATION OF DEFINITION OF OSD PER-

9

SONNEL FOR PURPOSES OF LIMITATION ON

10

NUMBER OF OFFICE OF SECRETARY OF DE-

11

FENSE PERSONNEL.

12

(a) MODIFICATION.—

13

(1) IN

GENERAL.—Section

143(b) of title 10,

14

United States Code, as amended by section 903(a) of

15

the National Defense Authorization Act for Fiscal

16

Year 2017 (Public Law 114–328), is further amended

17

by striking ‘‘and detailed personnel’’ and inserting

18

‘‘detailed, and contractor personnel’’.

19

(2) EFFECTIVE

DATE.—The

amendment made by

20

paragraph (1) shall take effect on October 1, 2018.

21

(b) REPORT

ON

22

IN

23

PARTMENTS.—Not

OSD

AND

NUMBER

OF

CONTRACTOR PERSONNEL

EACH SECRETARIATE

OF THE

MILITARY DE-

later than December 31, 2017, the Sec-

24 retary of Defense shall submit to the congressional defense
25 committees a report specifying the following:

† HR 2810 PAP

436
1

(1) The number of contractor personnel in the

2

Office of the Secretary of Defense as of October, 1,

3

2017.

4

(2) The number of contractor personnel in each

5

office of a Secretary of a military department as of

6

October 1, 2017.

9

Subtitle B—Organization of Other
Department of Defense Offices
and Elements

10

SEC. 921. REDUCTION IN AUTHORIZED NUMBER OF ASSIST-

11

ANT SECRETARIES OF THE MILITARY DE-

12

PARTMENTS.

13

(a) ASSISTANT SECRETARIES

7
8

OF THE

ARMY.—Section

14 3016(a) of title 10, United States Code, is amended by strik15 ing ‘‘five’’ and inserting ‘‘four’’.
16

(b) ASSISTANT SECRETARIES

OF THE

NAVY.—Section

17 5016(a) of such title is amended by striking ‘‘four’’ and in18 serting ‘‘three’’.
19

(c) ASSISTANT SECRETARIES

OF THE

AIR FORCE.—

20 Section 8016(a) of such title is amended by striking ‘‘four’’
21 and inserting ‘‘three’’.

† HR 2810 PAP

437
1

SEC. 922. QUALIFICATIONS FOR APPOINTMENT OF ASSIST-

2

ANT SECRETARIES OF THE MILITARY DE-

3

PARTMENTS FOR FINANCIAL MANAGEMENT.

4

(a) ASSISTANT SECRETARY

OF THE

ARMY.—Section

5 3016(b)(4) of title 10, United States Code, is amended—
6

(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

7

(2) by striking ‘‘The Assistant Secretary shall

8

have as his principal responsibility’’ and inserting

9

the following:

10

‘‘(C) The principal responsibility of the Assistant Sec-

11 retary shall be’’; and
12

(3) by inserting after subparagraph (A), as des-

13

ignated by paragraph (1), the following new subpara-

14

graph (B):

15

‘‘(B)(i) Any individual appointed as Assistant Sec-

16 retary shall be an individual who—
17
18

‘‘(I) has significant financial management service in—

19

‘‘(aa) a Federal or State agency that re-

20

ceived an audit with an unqualified opinion on

21

such agency’s financial statements during the

22

time of such individual’s service; or

23

‘‘(bb) a public company that received an

24

audit with an unqualified opinion on such com-

25

pany’s financial statements during the time of

26

such individual’s service; or
† HR 2810 PAP

438
1

‘‘(II) has served as chief financial officer, deputy

2

chief financial officer, or an equivalent executive-level

3

position with direct authority for financial manage-

4

ment in a large public or private sector organization.

5

‘‘(ii) In this subparagraph, the term ‘public company’

6 has the meaning given the term ‘issuer’ in section 2(7) of
7 the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).’’.
8

(b) ASSISTANT SECRETARY

OF THE

NAVY.—Section

9 5016(b)(3) of such title is amended—
10

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

11

(2) by striking ‘‘The Assistant Secretary shall

12

have as his principal responsibility’’ and inserting

13

the following:

14

‘‘(C) The principal responsibility of the Assistant Sec-

15 retary shall be’’; and
16

(3) by inserting after subparagraph (A), as des-

17

ignated by paragraph (1), the following new subpara-

18

graph (B):

19

‘‘(B)(i) Any individual appointed as Assistant Sec-

20 retary shall be an individual who—
21
22

‘‘(I) has significant financial management service in—

23

‘‘(aa) a Federal or State agency that re-

24

ceived an audit with an unqualified opinion on

† HR 2810 PAP

439
1

such agency’s financial statements during the

2

time of such individual’s service; or

3

‘‘(bb) a public company that received an

4

audit with an unqualified opinion on such com-

5

pany’s financial statements during the time of

6

such individual’s service; or

7

‘‘(II) has served as chief financial officer, deputy

8

chief financial officer, or an equivalent executive-level

9

position with direct authority for financial manage-

10

ment in a large public or private sector organization.

11

‘‘(ii) In this subparagraph, the term ‘public company’

12 has the meaning given the term ‘issuer’ in section 2(7) of
13 the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).’’.
14

(c) ASSISTANT SECRETARY

OF THE

AIR FORCE.—Sec-

15 tion 8016(b)(3) of such title is amended—
16

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;

17

(2) by striking ‘‘The Assistant Secretary shall

18

have as his principal responsibility’’ and inserting

19

the following:

20

‘‘(C) The principal responsibility of the Assistant Sec-

21 retary shall be’’; and
22

(3) by inserting after subparagraph (A), as des-

23

ignated by paragraph (1), the following new subpara-

24

graph (B):

† HR 2810 PAP

440
1

‘‘(B)(i) Any individual appointed as Assistant Sec-

2 retary shall be an individual who—
3
4

‘‘(I) has significant financial management service in—

5

‘‘(aa) a Federal or State agency that re-

6

ceived an audit with an unqualified opinion on

7

such agency’s financial statements during the

8

time of such individual’s service; or

9

‘‘(bb) a public company that received an

10

audit with an unqualified opinion on such com-

11

pany’s financial statements during the time of

12

such individual’s service; or

13

‘‘(II) has served as chief financial officer, deputy

14

chief financial officer, or an equivalent executive-level

15

position with direct authority for financial manage-

16

ment in a large public or private sector organization.

17

‘‘(ii) In this subparagraph, the term ‘public company’

18 has the meaning given the term ‘issuer’ in section 2(7) of
19 the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).’’.
20

(d) APPLICABILITY.—The amendments made by this

21 section shall take effect on the date of the enactment of this
22 Act, and shall apply with respect to appointments that are
23 made on or after that date.

† HR 2810 PAP

441

3

Subtitle C—Organization and Management of the Department of
Defense Generally

4

SEC. 931. REDUCTION IN LIMITATION ON NUMBER OF DE-

1
2

5
6

PARTMENT OF DEFENSE SES POSITIONS.

Section 1109(a)(1) of the National Defense Authoriza-

7 tion Act for Fiscal Year 2017 (Public Law 114–328) is
8 amended by striking ‘‘1,260’’ and inserting ‘‘1,140’’.
9

SEC. 932. MANNER OF CARRYING OUT REDUCTIONS IN

10

MAJOR DEPARTMENT OF DEFENSE HEAD-

11

QUARTERS ACTIVITIES.

12

Section 346(b) of the National Defense Authorization

13 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
14 796; 10 U.S.C. 111 note) is amended by adding at the end
15 the following new paragraph:
16

‘‘(5) MANNER

OF CARRYING OUT REDUCTIONS.—

17

Reductions in major Department of Defense head-

18

quarters activities pursuant to the headquarters re-

19

duction plan referred to in paragraph (1), as modi-

20

fied pursuant to that paragraph, shall be carried out

21

after a consideration of the current manpower levels,

22

historic manpower levels, mission requirements, and

23

anticipated staffing needs of such headquarters activi-

24

ties necessary to meet national defense objectives. Fur-

25

ther, the plan required by subsection (a) shall be
† HR 2810 PAP

442
1

modified to take into account the requirement in the

2

preceding sentence.’’.

3

SEC. 933. CERTIFICATIONS ON COST SAVINGS ACHIEVED BY

4

REDUCTIONS IN MAJOR DEPARTMENT OF DE-

5

FENSE HEADQUARTERS ACTIVITIES.

6

Section 346(b) of the National Defense Authorization

7 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
8 796 10 U.S.C. 111 note), as amended by section 932 of this
9 Act, is further amended by adding at the end the following
10 new paragraph:
11

‘‘(6)

CERTIFICATIONS

ON

COST

SAVINGS

12

ACHIEVED.—Not

13

of fiscal years 2017 through 2020, the Director of Cost

14

Assessment and Program Evaluation shall certify to

15

the Secretary of Defense, and to the congressional de-

16

fense committees, the following:

later than 60 days after close of each

17

‘‘(A) The validity of the cost savings

18

achieved for each major Department of Defense

19

headquarters activity during the fiscal year con-

20

cerned.

21

‘‘(B) Whether the cost savings achieved for

22

each major Department of Defense headquarters

23

activity during the fiscal year concerned met the

24

savings objective for such activity for such fiscal

25

year, as established pursuant to paragraph (1).’’.

† HR 2810 PAP

443
1

SEC. 934. DIRECT HIRE AUTHORITY FOR THE DEPARTMENT

2

OF DEFENSE FOR PERSONNEL TO ASSIST IN

3

BUSINESS TRANSFORMATION AND MANAGE-

4

MENT INNOVATION.

5

(a) AUTHORITY.—The Secretary of Defense may ap-

6 point in the Department of Defense individuals described
7 in subsection (b) without regard to the provisions of sub8 chapter I of chapter 33 of title 5, United States Code, for
9 the purpose of assisting and facilitating the efforts of the
10 Department in business transformation and management
11 innovation.
12

(b) COVERED INDIVIDUALS.—The individuals de-

13 scribed in this subsection are individuals who have all of
14 the following:
15

(1) A management or business background.

16

(2) Experience working with large or complex

17
18

organizations.
(3) Expertise in management and organizational

19

change, data analytics, or business process design.

20

(c) LIMITATION

ON

NUMBER.—The number of individ-

21 uals appointed pursuant to this section at any one time
22 may not exceed 25 individuals.
23

(d) NATURE

OF

APPOINTMENT.—Any appointment

24 under this section shall be on a term basis. The term of
25 any such appointment shall be specified by the Secretary
26 at the time of the appointment.
† HR 2810 PAP

444
1

SEC. 935. DATA ANALYTICS CAPABILITY FOR SUPPORT OF

2

ENHANCED OVERSIGHT AND MANAGEMENT

3

OF THE DEFENSE AGENCIES AND DEPART-

4

MENT OF DEFENSE FIELD ACTIVITIES.

5
6

(a) DATA ANALYTICS CAPABILITY REQUIRED.—
(1) IN

GENERAL.—By

not later than September

7

30, 2020, the Deputy Chief Management Officer of the

8

Department of Defense shall establish and maintain

9

within the Department of Defense a data analytics

10

capability for purposes of supporting enhanced over-

11

sight and management of the Defense Agencies and

12

Department of Defense Field Activities.

13

(2) DISCHARGE

THROUGH

SUCCESSOR

POSI-

14

TION.—If

15

Officer of the Department of Defense is succeeded by

16

another position in the Department, the duties of the

17

Deputy Chief Management Officer under this section

18

shall be discharged by the occupant of such succeeding

19

position.

20

(b) ELEMENTS.—The data analytics capability shall

the position of Deputy Chief Management

21 permit the following:
22

(1) The maintenance on a continuing basis of an

23

accurate tabulation of the amounts being expended by

24

the Defense Agencies and Department of Defense Field

25

Activities on their personnel.

† HR 2810 PAP

445
1

(2) The maintenance on a continuing basis of an

2

accurate number of the personnel currently sup-

3

porting the Defense Agencies and Field Activities, in-

4

cluding the following:

5
6

(A) Members of the regular components of
the Armed Forces.

7
8

(B) Members of the reserve components of
the Armed Forces.

9
10

(C) Civilian employees of the Department of
Defense.

11

(D) Employees of contractors of the Depart-

12

ment, including federally funded research and

13

development centers.

14

(E) Detailees, whether from another organi-

15

zation or element of the Department or from an-

16

other department or agency of the Federal Gov-

17

ernment.

18

(3) The maintenance of a continuing basis of the

19

following:

20

(A) An identification of the functions being

21

performed by each Defense Agency and Field Ac-

22

tivity.

23

(B) An accurate tabulation of the amounts

24

being expended by each Defense Agency and

25

Field Activity on its functions.

† HR 2810 PAP

446
1

(4) The streamlined assembly and analysis of

2

data for purposes of the capability, including through

3

appropriate automated processes.

4

(c) RESOURCES.—In establishing the data analytics

5 capability, the Deputy Chief Management Officer may use
6 the following:
7

(1) Data and information from each of the De-

8

fense Agencies and Department of Defense Field Ac-

9

tivities.

10
11

(2) Data and information from the Defense Manpower Data Center (DMDC).

12

(3) Subject to the direction and control of the

13

Secretary of Defense, any other resources of the De-

14

partment the Deputy Chief Management Officer con-

15

siders appropriate.

16

(d) REPORTS.—

17

(1) INTERIM

REPORT.—Not

later than one year

18

after the date of the enactment of this Act, the Deputy

19

Chief Management Officer shall submit to the congres-

20

sional defense committees a report on the progress of

21

the Deputy Chief Management Officer in establishing

22

the data analytics capability. The report shall include

23

the following:

24

(A) A description and assessment of the ef-

25

forts of the Deputy Chief Management Officer

† HR 2810 PAP

447
1

through the date of the report to establish the

2

data analytics capability.

3

(B) A description of current gaps in the

4

data required to establish the data analytics ca-

5

pability, and a description of the efforts to be

6

undertaken to eliminate such gaps.

7

(C) Any other matters in connection with

8

the establishment of the data analytics capability

9

that the Deputy Chief Management Officer con-

10

siders appropriate.

11

(2) FINAL

REPORT.—Not

later than December

12

31, 2020, the Deputy Chief Management Officer shall

13

submit to the congressional defense committees a re-

14

port on the data analytics capability as established

15

pursuant to this section. The report shall include the

16

following:

17
18

(A) A description and assessment of the
data analytics capability.

19

(B) Any other matters in connection with

20

the data analytics capability that the Deputy

21

Chief Management Officer considers appropriate.

22

SEC. 936. ENHANCED USE OF DATA ANALYTICS TO IMPROVE

23
24

ACQUISITION PROGRAM OUTCOMES.

(a) IN GENERAL.—Not later than one year after the

25 date of the enactment of this Act, the Secretary of Defense

† HR 2810 PAP

448
1 shall, acting jointly through the Deputy Chief Management
2 Officer and the Chief Information Officer of the Department
3 of Defense, and in coordination with the Under Secretary
4 of Defense for Acquisition, Technology, and Logistics and
5 the Armed Forces, establish a set of activities that use data
6 analysis, measurement, and other evaluation-related meth7 ods to improve the acquisition outcomes of the Department
8 of Defense and enhance organizational learning.
9

(b) ACTIVITIES.—

10

(1) IN

GENERAL.—The

set of activities estab-

11

lished under subsection (a) may include the following:

12

(A) Establishment of data analytics capa-

13

bilities and organizations within the appropriate

14

military service.

15

(B) Development of capabilities in Depart-

16

ment of Defense laboratories, test centers, and

17

Federally funded research and development cen-

18

ters to provide technical support for data ana-

19

lytics activities that support acquisition pro-

20

gram management and business process re-engi-

21

neering activities.

22

(C) Increased use of existing analytical ca-

23

pabilities available to acquisition programs and

24

offices to support improved acquisition outcomes.

† HR 2810 PAP

449
1

(D) Funding of intramural and extramural

2

research and development activities to develop

3

and implement data analytics capabilities in

4

support of improved acquisition outcomes.

5

(E) Publication, to the maximum extent

6

practicable, and in a manner that protects clas-

7

sified and proprietary information, of data col-

8

lected by the Department related to acquisition

9

program costs and activities for access and anal-

10

yses by the general public.

11

(F) Clarification by the Chief of Staff of the

12

Army, the Chief of Naval Operations, the Chief

13

of Staff of the Air Force, and the Commandant

14

of the Marine Corps, in coordination with the

15

Under Secretary of Defense for Acquisition,

16

Technology, and Logistics, of a consistent policy

17

as to the role of data analytics in establishing

18

budgets and making milestone decisions for

19

major defense acquisition programs.

20

(G) Continual assessment, in consultation

21

with the private sector, of the efficiency of cur-

22

rent data collection and analyses processes, so as

23

to minimize the requirement for collection and

24

delivery of data by, from, and to government or-

25

ganizations.

† HR 2810 PAP

450
1

(H) Promulgation of guidance to acquisi-

2

tion programs and activities on the efficient use

3

and sharing of data between programs and orga-

4

nizations to improve acquisition program ana-

5

lytics and outcomes.

6

(I) Promulgation of guidance on assessing

7

and enhancing quality of data and data anal-

8

yses to support improved acquisition outcomes.

9

(2) GAP

ANALYSIS OF CURRENT ACTIVITIES.—

10

The Secretary shall, in coordination with the Armed

11

Forces, identify the current activities, organizations,

12

and groups of personnel that are pursuing tasks simi-

13

lar to those described in paragraph (1) that are being

14

carried out as of the date of the enactment of this Act.

15

The Secretary shall consider such current activities,

16

organizations, and personnel in determining the set of

17

activities to establish pursuant to subsection (a).

18

(3) TRAINING

AND EDUCATION.—The

Secretary

19

shall, acting through the Under Secretary of Defense

20

for Acquisition, Technology, and Logistics, conduct a

21

review of the curriculum taught at the National De-

22

fense University, the Defense Acquisition University,

23

and appropriate private sector academic institutions

24

to determine the extent to which the curricula include

25

appropriate courses on data analytics and other eval-

† HR 2810 PAP

451
1

uation-related methods and their application to de-

2

fense acquisitions.

3

(c) DISCHARGE

OF

CERTAIN DUTIES.—After January

4 31, 2018—
5

(1) any duties under this section to be discharged

6

by the Deputy Chief Management Officer of the De-

7

partment of Defense shall be discharged by the Chief

8

Management Officer of the Department of Defense;

9

and

10

(2) any duties under this section to be discharged

11

by the Under Secretary of Defense for Acquisition,

12

Technology, and Logistics shall be discharged by the

13

Under Secretary of Defense for Acquisition and

14

Sustainment.

15

SEC. 937. PILOT PROGRAMS ON DATA INTEGRATION STRAT-

16
17

EGIES FOR THE DEPARTMENT OF DEFENSE.

(a) PILOT PROGRAMS REQUIRED.—The Secretary of

18 Defense shall, acting through the Chief Management Officer
19 of the Department of Defense, carry out pilot programs to
20 develop data integration strategies for the Department of
21 Defense to address high-priority challenges of the Depart22 ment.
23

(b) SCOPE

OF

PILOT PROGRAMS.—The pilot programs

24 required by subsection (a) shall involve data integration

† HR 2810 PAP

452
1 strategies to address challenges of the Department with re2 spect to the following:
3

(1) The budget of the Department.

4

(2) Logistics.

5

(3) Personnel security and insider threats.

6

(4) At least two other high-priority challenges of

7

the Department identified by the Secretary for pur-

8

poses of this section.

9

(c) ELEMENTS.—In developing a data integration

10 strategy to address a challenge of the Department for pur11 poses of a pilot program under this section, the Secretary
12 shall do the following:
13

(1) Identify the elements of the Department, and

14

the officials of such elements, to be involved in car-

15

rying out the data integration strategy.

16
17

(2) Specify the elements of the data integration
strategy.

18

(3) Specify the policies of the Department, if

19

any, to be modified or waived in order to facilitate

20

the carrying out of the data integration strategy by

21

enabling timely and continuous sharing of informa-

22

tion needed to solve the challenge concerned.

23

(d) REPORT.—

24

(1) IN

25

GENERAL.—Not

later than 180 days after

the date of the enactment of this Act, the Secretary

† HR 2810 PAP

453
1

shall submit to the congressional defense committees a

2

report on the pilot programs to be carried out under

3

this section.

4

(2) ELEMENTS.—The report shall include the fol-

5

lowing:

6

(A) A description of each pilot program, in-

7

cluding the challenge of the Department to be ad-

8

dressed by such pilot program and the manner

9

in which the data integration strategy under

10

such pilot program will address the challenge.

11

(B) If the carrying out of any pilot pro-

12

gram requires legislative action for the waiver or

13

modification of a statutory requirement that pre-

14

vents or impedes the carrying out of the pilot

15

program, a recommendation for legislative action

16

to waive or modify such statutory requirement.

17

SEC. 938. BACKGROUND AND SECURITY INVESTIGATIONS

18

FOR DEPARTMENT OF DEFENSE PERSONNEL.

19
20
21

(a) TRANSITION TO DISCHARGE
RITY

BY

DEFENSE SECU-

SERVICE.—
(1) IN

GENERAL.—The

Secretary of Defense has

22

the authority to conduct security, suitability, and

23

credentialing background investigations. In carrying

24

out such authority, the Secretary may use such au-

25

thority, or may delegate such authority to another en-

† HR 2810 PAP

454
1

tity. As part of providing for the conduct of back-

2

ground investigations initiated by the Department of

3

Defense through the Defense Security Service by not

4

later than the deadline specified in subsection (b), the

5

Secretary shall, in consultation with the Director of

6

the Office of Personnel Management, provide for a

7

phased transition from the conduct of such investiga-

8

tions by the National Background Investigations Bu-

9

reau (NBIB) of the Office of Personnel Management

10

to the conduct of such investigations by the Defense

11

Security Service by that deadline.

12
13

(2) PHASED

TRANSITION.—The

phased transi-

tion required by paragraph (1) shall—

14

(A) provide for the transition of the conduct

15

of investigations to the Defense Security Service

16

using a risk management approach; and

17

(B) be consistent with the transition from

18

legacy information technology operated by the

19

Office of Personnel Management to the new in-

20

formation technology, including the National

21

Background Investigations System, as described

22

in subsection (f).

23

(b) COMMENCEMENT

24 ONGOING DISCHARGE

OF
OF

IMPLEMENTATION PLAN

FOR

INVESTIGATIONS THROUGH

25 DSS.—Not later than October 1, 2020, the Secretary of De-

† HR 2810 PAP

455
1 fense shall commence carrying out the implementation plan
2 developed pursuant to section 951(a)(1) of the National De3 fense Authorization Act for Fiscal Year 2017 (Public Law
4 114–328; 130 Stat. 2371).
5
6
7

(c) TRANSFER
TO

OF

CERTAIN FUNCTIONS WITHIN DOD

DSS.—
(1) IN

GENERAL.—For

purposes of meeting the

8

requirements in subsections (a) and (b), the Secretary

9

of Defense shall transfer the functions, personnel, and

10

associated resources of the organizations specified in

11

paragraph (2) to the Defense Security Service.

12
13

(2) ORGANIZATIONS.—The organizations specified in this paragraph are the following:

14
15

(A) The Consolidated Adjudications Facility.

16
17

(B) The Personnel Security Assurance Division of the Defense Manpower Data Center.

18

(C) Other organizations identified by the

19

Secretary for purposes of this subsection.

20

(3) SUPPORTING

ORGANIZATIONS.—In

addition

21

to the organizations identified pursuant to (2), the

22

following organizations shall prioritize resources to

23

directly support the execution of requirements in sub-

24

sections (a) and (b):

† HR 2810 PAP

456
1

(A) The Office of Cost Analysis and Pro-

2

gram Evaluation.

3

(B) The Defense Digital Services.

4

(C) Other organizations designated by the

5

Secretary for purposes of this paragraph.

6

(4) TIMING

7

AND MANNER OF TRANSFER.—The

Secretary—

8

(A) may carry out the transfer required by

9

paragraph (1) at any time before the date speci-

10

fied in subsection (b) that the Secretary considers

11

appropriate for purposes of this section; and

12

(B) shall carry out the transfer in a man-

13

ner designed to minimize disruptions to the con-

14

duct of background investigations for personnel

15

of the Department of Defense.

16

(d) TRANSFER

OF

CERTAIN FUNCTIONS

IN

OPM

TO

17 DSS.—
18

(1) IN

GENERAL.—For

purposes of meeting the

19

requirements in subsections (a) and (b), the Secretary

20

of Defense shall, in consultation with the Director of

21

the Office of Personnel Management, provide for the

22

transfer of the functions described in paragraph (2),

23

and any associated personnel and resources, to the

24

Department of Defense.

† HR 2810 PAP

457
1
2

(2) FUNCTIONS.—The functions described in this
paragraph are the following:

3

(A) Any personnel security investigations

4

functions transferred by the Secretary to the Di-

5

rector pursuant to section 906 of the National

6

Defense Authorization Act for Fiscal Year 2004

7

(5 U.S.C. 1101 note).

8

(B) Any other functions of the Office of Per-

9

sonnel Management in connection with back-

10

ground investigations initiated by the Depart-

11

ment of Defense that the Secretary and the Di-

12

rector jointly consider appropriate.

13

(3) LOCATION

WITHIN

DOD.—Any

functions

14

transferred to the Department pursuant to this sub-

15

section shall be located within the Defense Security

16

Service.

17

(e) CONDUCT

OF

CERTAIN ACTIONS.—For purposes of

18 the conduct of background investigations following the com19 mencement of the carrying out of the implementation plan
20 referred to in subsection (b), the Secretary of Defense shall
21 provide for the following:
22

(1) A single capability for the centralized fund-

23

ing, submissions, and processing of all background in-

24

vestigations, from within the Defense Security Serv-

25

ice.

† HR 2810 PAP

458
1

(2) The discharge by the Consolidated Adjudica-

2

tions Facility, from within the Defense Security Serv-

3

ice pursuant to transfer under subsection (c), of adju-

4

dications in connection with the following:

5

(A) Background investigations.

6

(B) Continuous evaluation and vetting

7
8
9
10

checks.
(f) ENHANCEMENT
PABILITIES OF

OF INFORMATION

TECHNOLOGY CA-

NBIS.—

(1) IN

GENERAL.—The

Secretary of Defense

11

shall, in consultation with the Director of the Office

12

of Personnel Management, conduct a review of the in-

13

formation technology capabilities of the National

14

Background Investigations System (NBIS) in order to

15

determine whether enhancements to such capabilities

16

are required for the following:

17

(A) Support for background investigations

18

pursuant to this section and section 951 of the

19

National Defense Authorization Act for Fiscal

20

Year 2017.

21
22

(B) Support of the National Background
Investigations Bureau.

23

(C) Execution of the conduct of background

24

investigations initiated by the Department of

† HR 2810 PAP

459
1

Defense pursuant to this section, including sub-

2

missions and adjudications.

3

(2) COMMON

COMPONENT.—In

providing for the

4

transition and operation of the System as described

5

in paragraph (1)(C), the Secretary shall, in consulta-

6

tion with the Director, develop a common component

7

of the System usable for background investigations by

8

both the Defense Security Service and the National

9

Background Investigations Bureau.

10

(3) ENHANCEMENTS.—If the review pursuant to

11

paragraph (1) determines that enhancements de-

12

scribed in that paragraph are required, the Secretary

13

shall, in consultation with the Director, carry out

14

such enhancements.

15

(g) USE

OF

CERTAIN PRIVATE INDUSTRY DATA.—In

16 carrying out background and security investigations pursu17 ant to this section and section 951 of the National Defense
18 Authorization Act for Fiscal Year 2017, the Secretary of
19 Defense may use background materials collected on individ20 uals by the private sector, in accordance with national poli21 cies and standards, that are applicable to such investiga22 tions, including materials as follows:
23
24
25

(1) Financial information, including credit
scores and credit status.
(2) Criminal records.

† HR 2810 PAP

460
1

(3) Drug screenings.

2

(4) Verifications of information on resumes and

3

employment applications (such as previous employers,

4

educational achievement, and educational institutions

5

attended).

6

(5) Other publicly available electronic informa-

7

tion.

8

(h) SECURITY CLEARANCES

9
10

FOR

CONTRACTOR PER-

SONNEL.—

(1) IN

GENERAL.—The

Secretary of Defense shall

11

review the requirements of the Department of Defense

12

relating to position sensitivity designations for con-

13

tractor personnel in order to determine whether such

14

requirements may be reassessed or modified to reduce

15

the number and range of contractor personnel who are

16

issued security clearances in connection with work

17

under contracts with the Department.

18

(2) GUIDANCE.—The Secretary shall issue guid-

19

ance to program managers, contracting officers, and

20

security personnel of the Department specifying re-

21

quirements for the review of contractor position sensi-

22

tivity designations and the number of contractor per-

23

sonnel of the Department who are issued security

24

clearances for the purposes of determining whether the

† HR 2810 PAP

461
1

number of such personnel who are issued security

2

clearances should and can be reduced.

3

(i) PERSONNEL TO SUPPORT

THE

TRANSFER

OF

4 FUNCTIONS.—The Secretary of Defense shall authorize the
5 Director of the Defense Security Service to promptly in6 crease personnel for the purpose of beginning the establish7 ment and expansion of investigative capacity to support the
8 phased transfer of investigative functions from the Office
9 of Personnel Management to the Department of Defense
10 under this section. The Director of Cost Analysis and Pro11 gram Assessment shall advise the Secretary on the size of
12 the initial investigative workforce and the rate of growth
13 of that workforce.
14
15

(j) BRIEFINGS AND REPORTS.—
(1) REPORT

ON FUTURE PERIODIC REINVESTIGA-

16

TIONS,

17

TING.—Not

18

enactment of this Act, the Secretary of Defense shall,

19

in consultation with the Director of National Intel-

20

ligence and the Director of the Office of Personnel

21

Management, submit to Congress a report that in-

22

cludes the following:

INSIDER

THREAT,

AND

CONTINUOUS

VET-

later than 90 days after the date of the

23

(A) An assessment of the feasibility and ad-

24

visability of periodic reinvestigations of back-

† HR 2810 PAP

462
1

grounds of Government and contractor personnel

2

with security clearances.

3

(B) A plan to provide the Government with

4

an enhanced risk management model which re-

5

duces the gaps in coverage perpetuated by the

6

current

7

model, particularly in light of the increasing use

8

of continuous background evaluations of such

9

personnel.

time-based

periodic

reinvestigations

10

(C) A plan for expanding continuous back-

11

ground vetting capabilities such as the Installa-

12

tion Matching Engine for Security and Analysis

13

to the broader population, including those at the

14

lowest Tiers and levels of access, which plan shall

15

include details to ensure that all individuals

16

credentialed for physical access to Department of

17

Defense facilities and installations are vetted to

18

the same level of fitness determinations and sub-

19

ject to appropriate continuous vetting.

20

(D) A plan to fully integrate and incor-

21

porate insider threat data, tools, and capabilities

22

into the new end-to-end vetting processes and

23

supporting information technology established by

24

the Defense Security Service to ensure a holistic

25

and transformational approach to detecting, de-

† HR 2810 PAP

463
1

terring, and mitigating threats posed by trusted

2

insiders.

3

(2) QUARTERLY

BRIEFINGS.—Not

later than the

4

end of each calendar year quarter after the date of the

5

enactment of this Act, the Secretary of Defense shall

6

provide the Committees on Armed Services of the Sen-

7

ate and the House of Representatives a briefing on the

8

progress of the Secretary in carrying out the require-

9

ments of this section during such calendar year quar-

10

ter. Until the backlog of security clearance applica-

11

tions at the National Background Investigations Bu-

12

reau is eliminated, each quarterly briefing shall also

13

include the current status of the backlog and the re-

14

sulting mission and resource impact to the Depart-

15

ment of Defense and the defense industrial base.

16

(3) ANNUAL

REPORTS.—Not

later than the end of

17

each calendar year after the date of the enactment of

18

this Act, the Secretary shall submit to the committees

19

of Congress referred to in paragraph (2) a report on

20

the following for the calendar year in which such re-

21

port is to be submitted:

22

(A) The status of the Secretary in meeting

23

the requirements in subsections (a), (b), and (c)

24

as of the end of such calendar year.

† HR 2810 PAP

464
1

(B) The status as of the end of such cal-

2

endar year of any transfers to be carried out

3

pursuant to subsection (d).

4

(C) An assessment of the personnel security

5

capabilities of the Department of Defense as of

6

the end of such calendar year.

7

(4) TERMINATION.—No briefing or report is re-

8

quired pursuant to paragraph (2) or (3) after Decem-

9

ber 31, 2020.

10

Subtitle D—Other Matters

11

SEC. 951. TRANSFER OF LEAD OF GUAM OVERSIGHT COUN-

12

CIL FROM THE DEPUTY SECRETARY OF DE-

13

FENSE TO THE SECRETARY OF THE NAVY.

14

(a) TRANSFER.—Section 5013 of title 10, United

15 States Code, is amended by adding at the end the following
16 new subsection:
17

‘‘(h) Until September 30, 2020, the Secretary of the

18 Navy shall lead the Guam Oversight Council and shall be
19 the principal representative of the Department of Defense
20 for coordinating the interagency efforts in matters relating
21 to Guam, including the following executive orders:
22

‘‘(1) Executive Order No. 13299 of May 12, 2003

23

(68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451; relat-

24

ing to the Interagency Group on Insular Affairs).

† HR 2810 PAP

465
1

‘‘(2) Executive Order No. 12788 of January 15,

2

1992, as amended (57 Fed. Reg. 2213; relating to the

3

Defense Economic Adjustment Program).’’.

4

(b) REPEAL

OF

SUPERSEDED AUTHORITY.—Section

5 132 of such title is amended by striking subsection (e).
6

SEC. 952. CORROSION CONTROL AND PREVENTION EXECU-

7

TIVES MATTERS.

8

(a) SCOPE

AND

LEVEL

OF

POSITIONS.—Subsection (a)

9 of section 903 of the Duncan Hunter National Defense Au10 thorization Act for Fiscal Year 2009 (10 U.S.C. 2228 note)
11 is amended—
12

(1) by striking ‘‘shall be the senior official’’ and

13

inserting ‘‘shall be a senior official’’; and

14

(2) by adding at the end the following new sen-

15

tence: ‘‘Each individual so designated shall be a sen-

16

ior civilian employee of the military department con-

17

cerned in pay grade GS–15 or higher.’’.

18

(b) QUALIFICATIONS.—Such section is further amend-

19 ed—
20
21
22
23

(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):

† HR 2810 PAP

466
1

‘‘(b) QUALIFICATIONS.—Any individual designated as

2 a corrosion control and prevention executive of a military
3 department pursuant to subsection (a) shall—
4
5

‘‘(1) have a working knowledge of corrosion prevention and control;

6
7

‘‘(2) have strong program management and communication skills; and

8

‘‘(3) understand the acquisition, research, devel-

9

opment, test, and evaluation, and sustainment poli-

10

cies and procedures of the military department, in-

11

cluding for the sustainment of infrastructure.’’.

12

SEC. 953. REQUIREMENT FOR NATIONAL LANGUAGE SERV-

13
14

ICE CORPS.

(a) IN GENERAL.—Subsection (a)(1) of 813 of the

15 David L. Boren National Security Education Act of 1991
16 (50 U.S.C. 1913) is amended by striking ‘‘may establish
17 and maintain’’ and inserting ‘‘shall establish and main18 tain’’.
19

(b) CONFORMING AMENDMENT.—Subsection (b) of such

20 section is amended by striking ‘‘If the Secretary establishes
21 the Corps, the Secretary’’ and inserting ‘‘The Secretary’’.
22
23
24
25

TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

† HR 2810 PAP

467
1

(1) AUTHORITY.—Upon determination by the

2

Secretary of Defense that such action is necessary in

3

the national interest, the Secretary may transfer

4

amounts of authorizations made available to the De-

5

partment of Defense in this division for fiscal year

6

2018 between any such authorizations for that fiscal

7

year (or any subdivisions thereof). Amounts of au-

8

thorizations so transferred shall be merged with and

9

be available for the same purposes as the authoriza-

10

tion to which transferred.

11

(2) LIMITATION.—Except as provided in para-

12

graph (3), the total amount of authorizations that the

13

Secretary may transfer under the authority of this

14

section may not exceed $4,000,000,000.

15

(3) EXCEPTION

FOR TRANSFERS BETWEEN MILI-

16

TARY PERSONNEL AUTHORIZATIONS.—A

17

funds between military personnel authorizations

18

under title IV shall not be counted toward the dollar

19

limitation in paragraph (2).

20

(b) LIMITATIONS.—The authority provided by sub-

transfer of

21 section (a) to transfer authorizations—
22

(1) may only be used to provide authority for

23

items that have a higher priority than the items from

24

which authority is transferred; and

† HR 2810 PAP

468
1

(2) may not be used to provide authority for an

2

item that has been denied authorization by Congress.

3

(c) EFFECT

ON

AUTHORIZATION AMOUNTS.—A trans-

4 fer made from one account to another under the authority
5 of this section shall be deemed to increase the amount au6 thorized for the account to which the amount is transferred
7 by an amount equal to the amount transferred.
8

(d) NOTICE

TO

CONGRESS.—The Secretary shall

9 promptly notify Congress of each transfer made under sub10 section (a).
11

SEC. 1002. CALCULATIONS FOR PAYMENTS INTO DEPART-

12

MENT OF DEFENSE MILITARY RETIREMENT

13

FUND USING SINGLE LEVEL PERCENTAGE OF

14

BASIC PAY DETERMINED ON ARMED FORCE-

15

WIDE RATHER THAN ARMED FORCES-WIDE

16

BASIS.

17

Section 1465 of title 10, United States Code, is amend-

18 ed—
19

(1) in subsection (c)(1), in the flush matter at

20

the end of paragraph (1), by striking ‘‘Such single

21

level’’ and inserting ‘‘Except as otherwise provided in

22

subsection (d), such single level’’;

23
24

(2) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and

† HR 2810 PAP

469
1

(3) by inserting after subsection (c) the following

2

new subsection (d):

3

‘‘(d)(1) Notwithstanding subsection (c), in any actu-

4 arial valuation of Department of Defense military retire5 ment and survivor benefits programs for purposes of a fiscal
6 year beginning after fiscal year 2018—
7

‘‘(A) the determination made pursuant to sub-

8

section (c)(1)(A) shall be a single level percentage of

9

basic pay for active duty for each armed force (other

10

than the Coast Guard) and for each of the Army Na-

11

tional Guard and the Air National Guard for full-

12

time National Guard duty (rather than the single

13

level percentage of basic pay otherwise required by

14

that subsection); and

15

‘‘(B) the determination made pursuant to sub-

16

section (c)(1)(B) shall be a single level percentage of

17

basic pay and of compensation for members of the Se-

18

lected Reserve of each armed force (other than the

19

Coast Guard) (rather than the single level percentage

20

of basic pay and of compensation otherwise required

21

by that subsection).

22

‘‘(2) In making calculations for purposes of subsection

23 (b)(1) for fiscal years after fiscal year 2018—
24

‘‘(A) the Secretary of Defense—

† HR 2810 PAP

470
1

‘‘(i) shall not use the single level percentage

2

of

3

(c)(1)(A)

4

(b)(1)(A)(i); but

basic

pay
as

determined
provided

under

for

in

subsection
subsection

5

‘‘(ii) shall use for purposes of subsection

6

(b)(1)(A)(i) each separate single level percentage

7

of basic pay determined under paragraph (1)(A)

8

for each armed force and for each of the Army

9

National Guard and the Air National Guard;

10

and

11

‘‘(B) the Secretary of Defense—

12

‘‘(i) shall not use the single level percentage

13

of basic pay and of compensation determined

14

under subsection (c)(1)(B) as provided for in

15

subsection (b)(1)(B)(i); but

16

‘‘(ii) shall use for purposes of subsection

17

(b)(1)(B)(i) each separate single level percentage

18

of basic pay and of compensation determined

19

under paragraph (1)(B) for each armed force.

20

‘‘(3) In making calculations for purposes of section

21 1466(a) of this title for purposes of deposits into the Fund
22 for months in fiscal years after fiscal year 2018—
23

‘‘(A) the Secretary of Defense—

24
25

‘‘(i) shall not use the single level percentage
of

† HR 2810 PAP

basic

pay

determined

under

subsection

471
1

(c)(1)(A)

2

1466(a)(1)(A) of this title; but

as

provided

for

in

section

3

‘‘(ii) shall use for purposes of section

4

1466(a)(1)(A) of this title each separate single

5

level percentage of basic pay determined under

6

paragraph (1)(A) for each armed force and for

7

each of the Army National Guard and the Air

8

National Guard; and

9

‘‘(B) the Secretary of Defense—

10

‘‘(i) shall not use the single level percentage

11

of basic pay and of compensation determined

12

under subsection (c)(1)(B) as provided for in sec-

13

tion 1466(a)(2)(A) of this title; but

14

‘‘(ii) shall use for purposes of section

15

1466(a)(2)(A) each separate single level percent-

16

age of basic pay and of compensation determined

17

under paragraph (1)(B) for each armed force.’’.

18

SEC. 1003. CERTIFICATIONS ON AUDIT READINESS OF THE

19

DEPARTMENT OF DEFENSE AND THE MILI-

20

TARY DEPARTMENTS, DEFENSE AGENCIES,

21

AND OTHER ORGANIZATIONS AND ELEMENTS

22

OF THE DEPARTMENT OF DEFENSE.

23

(a) DEPARTMENT

OF

DEFENSE.—Not later than Sep-

24 tember 30, 2017, and each year thereafter, the Secretary
25 of Defense shall certify to the congressional defense commit-

† HR 2810 PAP

472
1 tees whether or not the full financial statements of the De2 partment of Defense are audit ready as of the date of such
3 certification.
4
5
6

(b) MILITARY DEPARTMENTS, DEFENSE AGENCIES,
AND

OTHER ORGANIZATIONS AND ELEMENTS.—
(1) IN

GENERAL.—Not

later than September 30,

7

2017, and each year thereafter, each Secretary of a

8

military department, each head of a Defense Agency,

9

and each head of any other organization or element

10

of the Department of Defense designated by the Sec-

11

retary of Defense for purposes of this subsection shall

12

certify to the congressional defense committees whether

13

or not the full financial statements of the military de-

14

partment, the Defense Agency, or the organization or

15

element concerned became audit ready during the fis-

16

cal year in which such certification is to be sub-

17

mitted.

18

(2) TRANSMITTAL

THROUGH SECRETARY OF DE-

19

FENSE.—The

20

this subsection shall be transmitted to the congres-

21

sional defense committees collectively by the Secretary

22

under procedures established by the Secretary for pur-

23

poses of this subsection.

24

(c) TERMINATION

individual certifications required by

ON

RECEIPT

OF

AUDIT OPINION

ON

25 FULL FINANCIAL STATEMENTS.—A certification is no

† HR 2810 PAP

473
1 longer required under subsection (a) or (b) with respect to
2 the Department of Defense, or a military department, De3 fense Agency, or organization or element of the Department,
4 as applicable, after the Department of Defense or such mili5 tary department, Defense Agency, or organization or ele6 ment receives an audit opinion on its full financial state7 ments.
8

(d) AUDIT READY DEFINED.—In this section, the term

9 ‘‘audit ready’’, with respect to the full financial statements
10 of the Department of Defense, a military department, a De11 fense Agency, or another organization or element of the De12 partment of Defense, means that the Department of Defense,
13 the military department, the Defense Agency, or the organi14 zation or element has in place critical audit capabilities
15 and associated infrastructure to successfully start and sup16 port a financial audit of its full financial statements.
17

SEC. 1004. FAILURE TO OBTAIN AUDIT OPINION ON FISCAL

18

YEAR FULL FINANCIAL STATEMENTS OF THE

19

DEPARTMENT OF DEFENSE.

20
21

(a) REDUCTION
TARIES FOR

FAILURE

IN

BASIC PAY

TO

22 FINANCIAL STATEMENTS

OF

MILITARY SECRE-

OBTAIN AUDIT OPINION
FOR

ON

FISCAL YEARS 2018

FULL
AND

23 THEREAFTER.—If the Department of Defense does not ob24 tain an audit opinion on its full financial statements for
25 fiscal year 2018, or any fiscal year thereafter, by March

† HR 2810 PAP

474
1 31 of the succeeding calendar year, the annual rate of basic
2 pay payable for each Secretary of a military department
3 for the calendar year next following such succeeding cal4 endar year shall be the annual rate of basic pay for posi5 tions at level III of the Executive Schedule pursuant to sec6 tion 5313 of title 5, United States Code, rather than the
7 annual rate of basic pay otherwise provided for the posi8 tions of Secretary of a military department by law.
9

(b) REVIEW

AND

RECOMMENDATIONS

10 OBTAIN AUDIT OPINION
11
12

FOR

ON

ON

EFFORTS TO

FULL FINANCIAL STATEMENTS

FISCAL YEAR 2018 BY MARCH 31, 2019.—
(1) IN

GENERAL.—If

the Department does not

13

obtain an audit opinion on its full financial state-

14

ments for fiscal year 2018 by March 31, 2019, the

15

Secretary of Defense shall establish within the De-

16

partment a team of distinguished, private sector ex-

17

perts with experience conducting financial audits of

18

large public or private sector organizations to review

19

and make recommendations to improve the efforts of

20

the Department to obtain an audit opinion on its full

21

financial statements.

22

(2) SCOPE

23

OF ACTIVITIES.—The

team established

pursuant to paragraph (1) shall—

24

(A) identify impediments to the progress of

25

the Department in obtaining an audit opinion

† HR 2810 PAP

475
1

on its full financial statements, including an

2

identification of the organizations or elements

3

that are lagging in their efforts toward obtaining

4

such audit opinion;

5

(B) estimate when an audit opinion on the

6

full financial statements of the Department will

7

be obtained; and

8

(C) consider mechanisms and incentives to

9

support efficient achievement by the Department

10

of its audit goals, including organizational

11

mechanisms to transfer direction and manage-

12

ment control of audit activities from subordinate

13

organizations to the Office of the Secretary of

14

Defense, individual personnel incentives, work-

15

force improvements (including in senior leader-

16

ship positions), business process, technology, and

17

systems improvements (including the use of data

18

analytics), and metrics by which the Secretary

19

and Congress may measure and assess progress

20

toward achievement of the audit goals of the De-

21

partment.

22

(3) REPORT.—If the Secretary takes action pur-

23

suant to paragraph (1), the Secretary shall, not later

24

than September 30, 2019, submit to the congressional

25

defense committees a report on the team established

† HR 2810 PAP

476
1

pursuant to that paragraph, including a description

2

of the actions taken and to be taken by the team pur-

3

suant to paragraph (2).

4
5

SEC. 1005. IMPROPER PAYMENT MATTERS.

Subject to the authority, direction, and control of the

6 Secretary of Defense, the Under Secretary of Defense
7 (Comptroller) shall take the following actions:
8
9

(1) With regard to estimating improper payments:

10

(A) Establish and implement key quality

11

assurance procedures, such as reconciliations, to

12

ensure the completeness and accuracy of sampled

13

populations.

14

(B) Revise the procedures for the sampling

15

methodologies of the Department of Defense so

16

that such procedures—

17

(i) comply with Office of Management

18

and Budget guidance and generally accept-

19

ed statistical standards;

20

(ii) produce statistically valid im-

21

proper payment error rates, statistically

22

valid improper payment dollar estimates,

23

and appropriate confidence intervals for

24

both; and

† HR 2810 PAP

477
1

(iii) in meeting clauses (i) and (ii),

2

take into account the size and complexity of

3

the transactions being sampled.

4

(2) With regard to identifying programs suscep-

5

tible to significant improper payments, conduct a risk

6

assessment that complies with the Improper Payments

7

Elimination and Recovery Act of 2010 (Public Law

8

111–204) and the amendments made by that Act (in

9

this section collectively referred to as ‘‘IPERA’’).

10

(3) With regard to reducing improper payments,

11

establish procedures that produce corrective action

12

plans that—

13

(A) comply fully with IPERA and associ-

14

ated Office of Management and Budget guidance,

15

including by holding individuals responsible for

16

implementing corrective actions and monitoring

17

the status of corrective actions; and

18

(B) are in accordance with best practices,

19

such as those recommended by the Chief Finan-

20

cial Officers Council, including by providing

21

for—

22

(i) measurement of the progress made

23

toward remediating root causes of improper

24

payments; and

† HR 2810 PAP

478
1

(ii) communication to the Secretary of

2

Defense and the heads of departments, agen-

3

cies, and organizations and elements of the

4

Department of Defense, and key stake-

5

holders, on the progress made toward reme-

6

diating the root causes of improper pay-

7

ments.

8

(4) With regard to implementing recovery audits

9

for improper payments, develop and implement proce-

10

dures to—

11

(A) identify costs related to the recovery au-

12

dits and recovery efforts of the Department of

13

Defense; and

14

(B) evaluate improper payment recovery ef-

15

forts in order to ensure that they are cost effec-

16

tive.

17

(5) Monitor the implementation of the revised

18

chapter of the Financial Management Regulations on

19

recovery audits in order to ensure that the Depart-

20

ment of Defense, the military departments, the De-

21

fense Agencies, and the other organizations and ele-

22

ments of the Department of Defense either conduct re-

23

covery audits or demonstrate that it is not cost effec-

24

tive to do so.

† HR 2810 PAP

479
1

(6) Develop and submit to the Office of Manage-

2

ment and Budget for approval a payment recapture

3

audit plan that fully complies with Office of Manage-

4

ment and Budget guidance.

5

(7) With regard to reporting on improper pay-

6

ments, design and implement procedures to ensure

7

that the annual improper payment and recovery

8

audit reporting of the Department of Defense is com-

9

plete, accurate, and complies with IPERA and associ-

10

ated Office of Management and Budget guidance.

11

SEC. 1006. FINANCIAL OPERATIONS DASHBOARD FOR THE

12

DEPARTMENT OF DEFENSE.

13

(a) FINANCIAL OPERATIONS DASHBOARD.—

14

(1) IN

GENERAL.—The

Under Secretary of De-

15

fense (Comptroller) shall develop and maintain on an

16

Internet website available to Federal Government

17

agencies a tool (commonly referred to as a ‘‘dash-

18

board)’’ to permit Federal Government officials to

19

track key indicators of the financial performance of

20

the Department of Defense, including outstanding ac-

21

counts payable, abnormal accounts payable, out-

22

standing advances, unmatched disbursements, abnor-

23

mal undelivered orders, negative unliquidated obliga-

24

tions, violations of sections 1341 and 1517(a) of title

25

31, United States Code (commonly referred to as the

† HR 2810 PAP

480
1

‘‘Anti-Deficiency Act’’), costs deriving from payment

2

delays, interest penalty payments, and improper pay-

3

ments, and actual savings realized through interest

4

payments made, discounts for timely or advanced

5

payments, and other financial management and im-

6

provement initiatives.

7

(2) INFORMATION

COVERED.—The

tool shall

8

cover financial performance information for the mili-

9

tary departments, the defense agencies, and any other

10

organizations or elements of the Department of De-

11

fense.

12

(3) TRACKING

OF PERFORMANCE OVER TIME.—

13

The tool shall permit the tracking of financial per-

14

formance over time, including by month, quarter, and

15

year, and permit users of the tool to export both cur-

16

rent and historical data on financial performance.

17

(4) UPDATES.—The information covered by the

18

tool shall be updated not less frequently than monthly.

19

(b) ANNUAL REPORT

20

PROVED

ON

VALUE CREATED

BY

IM -

FINANCIAL MANAGEMENT.—Not later than Decem-

21 ber 31 each year, the Secretary of Defense shall submit to
22 Congress a report setting forth, for each military depart23 ment, defense agency, and other organization or element of
24 the Department of Defense, the following:

† HR 2810 PAP

481
1

(1) A description of the value, if any, that ac-

2

crued as a result of improved financial management

3

and related cost-savings initiatives during the most

4

recent fiscal year.

5

(2) A description of the manner in which such

6

value, if any, was applied, and will be applied, to

7

provide mission value.

8

(3) A target for the savings to be achieved as a

9

result of improved financial management and related

10

cost-savings initiatives during the fiscal year in

11

which such report is submitted.

12

SEC.

1007.

COMPTROLLER

GENERAL

OF

THE

UNITED

13

STATES RECOMMENDATIONS ON AUDIT CAPA-

14

BILITIES AND INFRASTRUCTURE AND RE-

15

LATED MATTERS.

16
17

(a) BI-MONTHLY SUMMARY OF STATUS OF AUDIT CORRECTIVE

ACTION PLAN.—The Under Secretary of Defense

18 (Comptroller) shall assemble on a bi-monthly basis a man19 agement summary of the current status of actions under
20 the consolidated audit corrective action plan (CAP) with
21 respect to the critical audit capabilities and associated in22 frastructure of the Department of Defense, the military de23 partments, the Defense Agencies, and other organizations
24 and elements of the Department of Defense.

† HR 2810 PAP

482
1

(b) CENTRALIZED MONITORING

AND

REPORTING

2 PROCESS.—The Under Secretary of Defense (Comptroller)
3 shall develop and implement a centralized monitoring and
4 reporting process that captures and maintains up-to-date
5 information, including the standard data elements rec6 ommended in the Implementation Guide for OMB Circular
7 A–123, for all corrective action plans Department of De8 fense-wide that pertain to critical audit capabilities and
9 associated infrastructure.
10

SEC. 1008. INFORMATION ON DEPARTMENT OF DEFENSE

11

FUNDING IN DEPARTMENT PRESS RELEASES

12

AND RELATED PUBLIC STATEMENTS ON PRO-

13

GRAMS, PROJECTS, AND ACTIVITIES FUNDED

14

BY THE DEPARTMENT.

15
16

(a) INFORMATION REQUIRED.—
(1) IN

GENERAL.—Subchapter

II of chapter 134

17

of title 10, United States Code, is amended by insert-

18

ing after section 2257 the following new section:

19 ‘‘§ 2258. Department of Defense press releases and re20

lated public statements on Department

21

funded programs, projects, and activities

22

‘‘Any press release, statement, or other document

23 issued to the public by the Department of Defense that de24 scribes a program, project, or activity funded, whether in
25 whole or in part, by amounts provided by the Department,

† HR 2810 PAP

483
1 including any project, project, or activity of a foreign,
2 State, or local government, shall clearly state the following:
3

‘‘(1) That the program, project, or activity is

4

funded, in whole or in part (as applicable), by funds

5

provided by the Department.

6

‘‘(2) An estimate of the amount of funding from

7

the Department that the program, project, or activity

8

currently receives.’’.

9

(2) CLERICAL

AMENDMENT.—The

table of sec-

10

tions at the beginning of subchapter II of chapter 134

11

of such title is amended by inserting after the item

12

relating to section 2257 the following new item:
‘‘2258. Department of Defense press releases and related public statements on Department funded programs, projects, and activities.’’.

13

(b) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the date of the enactment of this
15 Act, and shall apply with respect to programs, projects, and
16 activities funded by the Department of Defense with
17 amounts authorized to be appropriated for fiscal years after
18 fiscal year 2018.

† HR 2810 PAP

484
1

Subtitle B—Counterdrug Activities

2

SEC. 1011. EXTENSION AND MODIFICATION OF AUTHORITY

3

TO SUPPORT A UNIFIED COUNTERDRUG AND

4

COUNTERTERRORISM CAMPAIGN IN COLOM-

5

BIA.

6

(a) EXTENSION.—Section 1021 of the Ronald W.

7 Reagan National Defense Authorization Act for Fiscal Year
8 2005 (Public Law 108–375; 118 Stat. 2042), as most re9 cently amended by section 1013 of the National Defense Au10 thorization Act for Fiscal Year 2017 (Public Law 114–328;
11 130 Stat. 2385), is further amended—
12
13
14

(1) in subsection (a)(1), by striking ‘‘2019’’ and
inserting ‘‘2022’’; and
(2) in subsection (c), by striking ‘‘2019’’ and in-

15

serting ‘‘2022’’.

16

(b) SCOPE OF AUTHORITY.—Subsection (a) of such sec-

17 tion 1021 is further amended—
18

(1) in paragraph (1), by striking ‘‘organizations

19

designated as’’ and all that follows and inserting

20

‘‘terrorist organizations and other illegally armed

21

groups determined by the Secretary of Defense to pose

22

a significant threat to the national security interests

23

of the United States.’’; and

† HR 2810 PAP

485
1

(2) in paragraph (2), by striking ‘‘authority’’

2

and all that follows and inserting ‘‘authority as fol-

3

lows:

4

‘‘(A) To protect human health and welfare in

5

emergency circumstances, including the undertaking

6

of rescue operations.

7

‘‘(B) To support efforts to demobilize, disarm,

8

and reintegrate members of illegally armed groups.’’.

9
10

Subtitle C—Naval Vessels and
Shipyards

11

SEC. 1016. POLICY OF THE UNITED STATES ON MINIMUM

12
13

NUMBER OF BATTLE FORCE SHIPS.

(a) POLICY.—It shall be the policy of the United States

14 to have available, as soon as practicable, not fewer than
15 355 battle force ships, comprised of the optimal mix of plat16 forms, with funding subject to the availability of appropria17 tions or other funds.
18

(b) BATTLE FORCE SHIPS DEFINED.—In this section,

19 the term ‘‘battle force ships’’ has the meaning given the term
20 in Secretary of the Navy Instruction 5030.8C.
21

SEC. 1017. OPERATIONAL READINESS OF LITTORAL COM-

22
23

BAT SHIPS ON EXTENDED DEPLOYMENT.

(a) IN GENERAL.—Subsection (a) of section 7310 of

24 title 10, United States Code, is amended—

† HR 2810 PAP

486
1

(1) by inserting ‘‘UNDER JURISDICTION

2

SECRETARY

3

after ‘‘VESSELS’’;

OF THE

OF THE

NAVY’’ in the subsection heading

4

(2) by striking ‘‘A naval vessel (or any other ves-

5

sel under the jurisdiction of the Secretary of the

6

Navy)’’ and inserting ‘‘(1) Except as provided in

7

paragraph (2), a naval vessel’’; and

8
9
10

(3) by adding at the end the following new paragraph:
‘‘(2)(A) Subject to subparagraph (B), in the case of

11 a naval vessel classified as a Littoral Combat Ship and op12 erating on deployment, corrective and preventive mainte13 nance or repair (whether intermediate or depot level) and
14 facilities maintenance may be performed on the vessel—
15

‘‘(i) in a foreign shipyard;

16

‘‘(ii) at a facility outside of a foreign shipyard;

17

or

18

‘‘(iii) at any other facility convenient to the ves-

19

sel.

20

‘‘(B)(i) Corrective and preventive maintenance or re-

21 pair may be performed on a vessel as described in subpara22 graph (A) if the work is performed by United States Gov23 ernment personnel or United States contractor personnel.

† HR 2810 PAP

487
1

‘‘(ii) Facilities maintenance may be performed by a

2 foreign contractor on a vessel as described in subparagraph
3 (A) only as approved by the Secretary of the Navy.’’.
4

(b) DEFINITIONS.—Such section is further amended by

5 adding at the end the following new subsection:
6
7
8

‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘corrective and preventive maintenance or repair’ means—

9

‘‘(A) maintenance or repair actions per-

10

formed as a result of a failure in order to return

11

or restore equipment to acceptable performance

12

levels; and

13

‘‘(B) scheduled maintenance or repair ac-

14

tions to prevent or discover functional failures.

15

‘‘(2) The term ‘facilities maintenance’ means

16

preservation or corrosion control efforts and cleaning

17

services.’’.

18

(c) CLERICAL AMENDMENTS.—

19
20

(1) SECTION

HEADING.—The

heading of such sec-

tion is amended to read as follows:

21 ‘‘§ 7310. Overhaul, repair, and maintenance of vessels
22

in foreign shipyards and facilities: re-

23

strictions; exceptions’’.

24
25

(2) TABLE

OF SECTIONS.—The

table of sections

at the beginning of chapter 633 of such title is

† HR 2810 PAP

488
1

amended by striking the item relating to section 7310

2

and inserting the following new item:
‘‘7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions.’’.

3

SEC. 1018. AUTHORITY TO PURCHASE USED VESSELS TO RE-

4

CAPITALIZE

5

AND

6

SURGE FLEET.

7
8
9

THE

THE

READY

MILITARY

RESERVE

SEALIFT

FORCE

COMMAND

(a) DEPOSIT OF ADDITIONAL FUNDS IN NATIONAL DEFENSE

SEALIFT FUND.—
(1) OTHER

FUNDS MADE AVAILABLE TO DEPART-

10

MENT OF THE NAVY.—Subsection

11

of title 10, United States Code, is amended by adding

12

at the end the following new paragraph:

(d) of section 2218

13

‘‘(4) Any other funds made available to the De-

14

partment of the Navy for carrying out the purposes

15

of the Fund set forth in subsection (c).’’.

16

(2) EXPIRATION

OF FUNDS AFTER 5 YEARS.—

17

Subsection (g) of such section is amended by striking

18

‘‘subsection (d)(1)’’ and inserting ‘‘paragraph (1) or

19

(4) of subsection (d)’’.

20

(b) AUTHORITY TO PURCHASE USED VESSELS.—Sub-

21 section (f) of such section is amended by adding at the end
22 the following new paragraph:
23

‘‘(3)(A) Notwithstanding the limitations in paragraph

24 (1) and subsection (c)(1)(E), the Secretary of Defense may,
† HR 2810 PAP

489
1 as part of a program to recapitalize the Ready Reserve
2 Force component of the National Defense Reserve Fleet and
3 the Military Sealift Command surge fleet, purchase used
4 vessels, regardless of where constructed, from among vessels
5 previously participating in the Maritime Security Fleet, if
6 available at a reasonable cost (as determined by the Sec7 retary). If such previously participating vessels are not
8 available at a reasonable cost, used vessels comparable to
9 such previously participating vessels may be purchased
10 from any source, regardless of where constructed, if avail11 able at a reasonable cost (as determined by the Secretary).
12

‘‘(B) In exercising the authority in subparagraph (A),

13 the Secretary shall purchase used vessels constructed in the
14 United States, if available at a reasonable cost (as deter15 mined by the Secretary).
16

‘‘(C) In exercising the authority in subparagraph (A),

17 the Secretary shall ensure that any conversion, moderniza18 tion, maintenance, or repair of vessels occurs in shipyards
19 located in the United States, except in emergency situations
20 (as determined by the Secretary).’’.
21

(c) DEFINITION

OF

MARITIME SECURITY FLEET.—

22 Subsection (k) of such section is amended by adding at the
23 end the following new paragraph:

† HR 2810 PAP

490
1

‘‘(5) The term ‘Maritime Security Fleet’ means

2

the fleet established under section 53102(a) of title

3

46.’’.

4

(d) TECHNICAL AMENDMENT.—Subsection (i) of such

5 section is amended by striking ‘‘(50 U.S.C. App. 1744)’’
6 and inserting ‘‘(50 U.S.C. 4405)’’.
7
8

SEC. 1019. SURVEYING SHIPS.

(a) SURVEYING SHIP REQUIREMENT.—Not later than

9 120 days after the date of the enactment of this Act, the
10 Chief of Naval Operations shall submit to the congressional
11 defense committees a report setting forth a force structure
12 assessment that establishes a surveying ship requirement.
13 The Chief of Naval Operations shall conduct the assessment
14 for purposes of the report, and may limit the assessment
15 to surveying ships.
16

(b) DEFINITIONS.—In this section:

17

(1) The term ‘‘surveying ship’’ has the meaning

18

given the term in Secretary of the Navy Instruction

19

5030.8C.

20

(2) The term ‘‘force structure assessment’’ has the

21

meaning given the term in Chief of Naval Operations

22

Instruction 3050.27.

† HR 2810 PAP

491
1

SEC. 1020. PILOT PROGRAM ON FUNDING FOR NATIONAL

2
3

DEFENSE SEALIFT VESSELS.

(a) IN GENERAL.—The Secretary of the Navy may

4 carry out a pilot program to assess the feasability and ad5 visability of the use of the authorities specified in subsection
6 (b) in connection with research and development and oper7 ation, maintenance, and lease or charter of national defense
8 sealift vessels.
9

(b) AUTHORITIES.—The authorities specified in this

10 subsection are authorities as follows:
11

(1) To derive funds for obligations and expendi-

12

tures for research and development relating to na-

13

tional defense sealift vessels from the Research, Devel-

14

opment, Test, and Evaluation, Navy account.

15

(2) To derive funds for obligations and expendi-

16

tures for operation, maintenance, and lease or charter

17

of national defense sealift vessels from the Operation

18

and Maintenance, Navy account.

19

(3) To use funds in the account referred to in

20

paragraph (1) for obligations and expenditures de-

21

scribed in that paragraph, and to use funds in the ac-

22

count referred to in paragraph (2) for obligations and

23

expenditures described in that paragraph, without the

24

transfer of such funds to the National Defense Sealift

25

Fund.

† HR 2810 PAP

492
1

(c) LIMITATION.—The authorities in subsection (b)

2 may be used under the pilot program only with respect to
3 applicable amounts authorized to be appropriated for the
4 Department of Defense for fiscal years 2018 and 2019.
5

(d) CONTINUING AVAILABILITY

OF

NDSF FUNDS.—

6 Nothing in this section shall be construed to prohibit the
7 use of amounts available in the National Defense Sealift
8 Fund for fiscal years 2018 and 2019 for use for the purposes
9 of the Fund under section 2218(c) of title 10, United States
10 Code, in such fiscal years.
11

(e) REPORTS.—

12

(1) IN

GENERAL.—Not

later than 120 days after

13

the conclusion of the pilot program, the Secretary, the

14

Commander of the United States Transportation

15

Command, and the Administrator of the Maritime

16

Administration each shall submit to the congressional

17

defense committees an independent report on the pilot

18

program.

19
20

(2) ELEMENTS.—Each report shall include the
following:

21

(A) A description of lessons learned from

22

the pilot program regarding the efficacy of fund-

23

ing national defense sealift vessel requirements

24

using the accounts specified in paragraphs (1)

† HR 2810 PAP

493
1

and (2) of subsection (b) rather than the Na-

2

tional Defense Sealift Fund.

3

(B) An assessment of potential operational,

4

financial, and other significant impacts if the

5

pilot program is made permanent.

6

(C) Such recommendations as the official

7

submitting such report considers appropriate re-

8

garding modifications of section 2218 of title 10,

9

United States Code, in light of the pilot pro-

10
11

gram.
(f) DEFINITIONS.—In this section:

12

(1) The term ‘‘national defense sealift vessel’’ has

13

the meaning given the term in section 2218(k)(3) of

14

title 10, United States Code.

15

(2) The term ‘‘National Defense Sealift Fund’’

16

means the Fund established by section 2218 of title

17

10, United States Code.

18

Subtitle D—Counterterrorism

19

SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS

20

FOR TRANSFER OR RELEASE OF INDIVIDUALS

21

DETAINED AT UNITED STATES NAVAL STA-

22

TION,

23

UNITED STATES.

24

GUANTANAMO

BAY,

CUBA,

TO

THE

Section 1032 of the National Defense Authorization

25 Act for Fiscal Year 2017 (Public Law 114–328) is amended

† HR 2810 PAP

494
1 by striking ‘‘December 31, 2017’’ and inserting ‘‘December
2 31, 2018’’.
3

SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS

4

TO CONSTRUCT OR MODIFY FACILITIES IN

5

THE UNITED STATES TO HOUSE DETAINEES

6

TRANSFERRED FROM UNITED STATES NAVAL

7

STATION, GUANTANAMO BAY, CUBA.

8

Section 1033(a) of the National Defense Authorization

9 Act for Fiscal Year 2017 (Public Law 114–328) is amended
10 by striking ‘‘December 31, 2017’’ and inserting ‘‘December
11 31, 2018’’.
12

SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS

13

FOR TRANSFER OR RELEASE TO CERTAIN

14

COUNTRIES OF INDIVIDUALS DETAINED AT

15

UNITED STATES NAVAL STATION, GUANTA-

16

NAMO BAY, CUBA.

17

Section 1034 of the National Defense Authorization

18 Act for Fiscal Year 2017 (Public Law 114–328) is amended
19 by striking ‘‘December 31, 2017’’ and inserting ‘‘December
20 31, 2018’’.

† HR 2810 PAP

495
1

SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS

2

FOR REALIGNMENT OF FORCES AT OR CLO-

3

SURE OF UNITED STATES NAVAL STATION,

4

GUANTANAMO BAY, CUBA.

5

Section 1035 of the National Defense Authorization

6 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
7 2391) is amended by striking ‘‘fiscal year 2017’’ and insert8 ing ‘‘any of fiscal years 2017 through 2021’’.
9

SEC. 1035. AUTHORITY TO TRANSFER INDIVIDUALS DE-

10

TAINED AT UNITED STATES NAVAL STATION,

11

GUANTANAMO BAY, CUBA, TO THE UNITED

12

STATES TEMPORARILY FOR EMERGENCY OR

13

CRITICAL MEDICAL TREATMENT.

14
15

(a) TEMPORARY TRANSFER
MENT.—Notwithstanding

FOR

MEDICAL TREAT-

section 1032 of the National De-

16 fense Authorization Act for Fiscal Year 2017 (Public Law
17 114–328), as amended by section 1031 of this Act, or any
18 similar provision of law enacted after September 30, 2015,
19 the Secretary of Defense may, after consultation with the
20 Secretary of Homeland Security, temporarily transfer an
21 individual detained at Guantanamo to a Department of
22 Defense medical facility in the United States for the sole
23 purpose of providing the individual medical treatment if
24 the Secretary of Defense determines that—

† HR 2810 PAP

496
1

(1) the medical treatment of the individual is

2

necessary to prevent death or imminent significant

3

injury or harm to the health of the individual;

4

(2) the necessary medical treatment is not avail-

5

able to be provided at United States Naval Station,

6

Guantanamo Bay, Cuba, without incurring excessive

7

and unreasonable costs; and

8

(3) the Department of Defense has provided for

9

appropriate security measures for the custody and

10

control of the individual during any period in which

11

the individual is temporarily in the United States

12

under this section.

13

(b) LIMITATION

ON

EXERCISE

OF

AUTHORITY.—The

14 authority of the Secretary of Defense under subsection (a)
15 may be exercised only by the Secretary of Defense or another
16 official of the Department of Defense at the level of Under
17 Secretary of Defense or higher.
18

(c) CONDITIONS

OF

TRANSFER.—An individual who is

19 temporarily transferred under the authority in subsection
20 (a) shall—
21

(1) while in the United States, remain in the

22

custody and control of the Secretary of Defense at all

23

times; and

24

(2) be returned to United States Naval Station,

25

Guantanamo Bay, Cuba, as soon as feasible after a

† HR 2810 PAP

497
1

Department of Defense physician determines, in con-

2

sultation with the Commander, Joint Task Force-

3

Guantanamo Bay, Cuba, that any necessary follow-

4

up medical care may reasonably be provided the indi-

5

vidual at United States Naval Station, Guantanamo

6

Bay.

7

(d) STATUS WHILE

IN

UNITED STATES.—An indi-

8 vidual who is temporarily transferred under the authority
9 in subsection (a), while in the United States—
10

(1) shall be deemed at all times and in all re-

11

spects to be in the uninterrupted custody of the Sec-

12

retary of Defense, as though the individual remained

13

physically at United States Naval Station, Guanta-

14

namo Bay, Cuba;

15

(2) shall not at any time be subject to, and may

16

not apply for or obtain, or be deemed to enjoy, any

17

right, privilege, status, benefit, or eligibility for any

18

benefit under any provision of the immigration laws

19

(as defined in section 101(a)(17) of the Immigration

20

and Nationality Act (8 U.S.C. 1101(a)(17)), or any

21

other law or regulation;

22

(3) shall not be permitted to avail himself of any

23

right, privilege, or benefit of any law of the United

24

States beyond those available to individuals detained

† HR 2810 PAP

498
1

at United States Naval Station, Guantanamo Bay;

2

and

3

(4) shall not, as a result of such transfer, have

4

a change in any designation that may have attached

5

to that detainee while detained at United States

6

Naval Station, Guantanamo Bay, pursuant to the

7

Authorization for Use of Military Force (Public Law

8

107–40), as determined in accordance with applicable

9

law and regulations.

10

(e) NO CAUSE

OF

ACTION.—Any decision to transfer

11 or not to transfer an individual made under the authority
12 in subsection (a) shall not give rise to any claim or cause
13 of action.
14

(f) LIMITATION ON JUDICIAL REVIEW.—

15

(1) LIMITATION.—Except as provided in para-

16

graph (2), no court, justice, or judge shall have juris-

17

diction to hear or consider any claim or action

18

against the United States or its departments, agen-

19

cies, officers, employees, or agents arising from or re-

20

lating to any aspect of the detention, transfer, treat-

21

ment, or conditions of confinement of an individual

22

transferred under this section.

23

(2) EXCEPTION

FOR

HABEAS

CORPUS.—The

24

United States District Court for the District of Co-

25

lumbia shall have exclusive jurisdiction to consider an

† HR 2810 PAP

499
1

application for writ of habeas corpus seeking release

2

from custody filed by or on behalf of an individual

3

who is in the United States pursuant to a temporary

4

transfer under the authority in subsection (a). Such

5

jurisdiction shall be limited to that required by the

6

Constitution, and relief shall be only as provided in

7

paragraph (3). In such a proceeding the court may

8

not review, halt, or stay the return of the individual

9

who is the object of the application to United States

10

Naval Station, Guantanamo Bay, Cuba, pursuant to

11

subsection (c).

12
13

(3) RELIEF.—A court order in a proceeding covered by paragraph (2)—

14
15

(A) may not order the release of the individual within the United States; and

16

(B) shall be limited to an order of release

17

from custody which, when final, the Secretary of

18

Defense shall implement in accordance with sec-

19

tion 1034 of the National Defense Authorization

20

Act for Fiscal Year 2016 (10 U.S.C. 801 note).

21

(g) NOTIFICATION.—Whenever a temporary transfer of

22 an individual detained at Guantanamo is made under the
23 authority of subsection (a), the Secretary of Defense shall
24 notify the Committees on Armed Services of the Senate and

† HR 2810 PAP

500
1 the House of Representatives of the transfer not later than
2 five days after the date on which the transfer is made.
3
4

(h) INDIVIDUAL DETAINED
FINED.—In

AT

GUANTANAMO DE-

this section, the term ‘‘individual detained at

5 Guantanamo’’ means an individual located at United
6 States Naval Station, Guantanamo Bay, Cuba, as of Octo7 ber 1, 2009, who—
8

(1) is not a national of the United States (as de-

9

fined in section 101(a)(22) of the Immigration and

10

Nationality Act (8 U.S.C. 1101(a)(22)) or a member

11

of the Armed Forces of the United States; and

12

(2) is—

13
14

(A) in the custody or under the control of
the Department of Defense; or

15
16
17

(B) otherwise detained at United States
Naval Station, Guantanamo Bay.
(i) APPLICABILITY.—This section shall apply to an in-

18 dividual temporarily transferred under the authority in
19 subsection (a) regardless of the status of any pending or
20 completed proceeding or detention on the date of the enact21 ment of this Act.

† HR 2810 PAP

501

2

Subtitle E—Miscellaneous
Authorities and Limitations

3

SEC. 1041. MATTERS RELATING TO THE SUBMITTAL OF FU-

1

4
5

TURE-YEARS DEFENSE PROGRAMS.

(a) TIMING OF SUBMITTAL TO CONGRESS.—Subsection

6 (a) of section 221 of title 10, United States Code, is amend7 ed by striking ‘‘at or about the same time’’ and inserting
8 ‘‘not later than five days after the date on which’’.
9

(b) MANNER

AND

FORM

OF

SUBMITTAL.—Such section

10 is further amended—
11

(1) in subsection (a) by inserting ‘‘make avail-

12

able to United States Government entities and’’ before

13

‘‘submit to Congress’’; and

14

(2) by adding at the end the following new sub-

15

section:

16

‘‘(d)(1) The Secretary of Defense shall make available

17 to United States Government entities and submit to Con18 gress each future-years defense program under this section
19 as follows:
20

‘‘(A) By making such program available on an

21

Internet website of the Under Secretary of Defense

22

(Comptroller) available to United States Government

23

in the form of an unclassified electronic database.

24
25

‘‘(B) By delivering printed copies of such program to the congressional defense committee.
† HR 2810 PAP

502
1

‘‘(2) In the event inclusion of classified material in

2 a future-years defense program would otherwise render the
3 totality of the program classified for purposes of this sub4 section—
5

‘‘(A) such program shall be made available to

6

United States Government entities and submitted to

7

Congress in unclassified form, with such material at-

8

tached as a classified annex; and

9

‘‘(B) such annex shall be submitted to the con-

10

gressional defense committees, the Congressional

11

Budget Office, the Comptroller General of the United

12

States, and the Congressional Research Service.’’.

13

(c) ACCURACY

OF INFORMATION.—Such

section is fur-

14 ther amended by adding at the end the following new sub15 section:
16

‘‘(e) Each future-years defense program under this sub-

17 section shall be accompanied by a certification by the Under
18 Secretary of Defense (Comptroller), in the case of the De19 partment of Defense, and the comptroller of each military
20 department, in the case of such military department, that
21 any information entered into the Standard Data Collection
22 System of the Department of Defense, the Comptroller Infor23 mation System, or any other data system, as applicable,
24 for purposes of assembling such future-years defense pro25 gram was accurate.’’.

† HR 2810 PAP

503
1
2
3

(d) CONFORMING AMENDMENTS.—
(1) HEADING

AMENDMENT.—The

heading of sec-

tion 221 of such title is amended to read as follows:

4 ‘‘§ 221. Future-years defense program: consistency in
5

budgeting; availability to United States

6

Government entities and submittal to Con-

7

gress’’.

8

(2) TABLE

OF SECTIONS.—The

table of sections

9

at the beginning of chapter 9 of such title is amended

10

by striking the item relating to section 221 and in-

11

serting the following new item:
‘‘221. Future-years defense program: consistency in budgeting; availability to
United States Government entities and submittal to Congress.’’.

12

(e) EFFECTIVE DATE.—The amendments made by this

13 section shall take effect on the date of the enactment of this
14 Act, and shall apply to future-years defense programs sub15 mitted at the time of budgets of the President for fiscal years
16 beginning after fiscal year 2018.
17

(f) DOD GUIDANCE.—The Secretary of Defense shall,

18 in coordination with the Under Secretary of Defense
19 (Comptroller), update Department of Defense Financial
20 Management Regulation 7000.14–R, and any other appro21 priate instructions and guidance, to ensure that the Depart22 ment of Defense takes appropriate actions to comply with
23 the amendments made by this section in the submittal of

† HR 2810 PAP

504
1 future-years defense programs in calendar years after cal2 endar year 2017.
3

SEC. 1042. DEPARTMENT OF DEFENSE INTEGRATION OF IN-

4

FORMATION

5

ABLED INFORMATION OPERATIONS.

6

(a) INTEGRATION

7

FORMATION

8

TION

9
10

OF

OPERATIONS

OPERATIONS

DEPARTMENT
AND

AND

OF

CYBER-EN-

DEFENSE IN-

CYBER-ENABLED INFORMA-

OPERATIONS.—
(1)

ESTABLISHMENT

OF

CROSS-FUNCTIONAL

TASK FORCE.—

11

(A) IN

GENERAL.—The

Secretary of Defense

12

shall establish a cross-functional task force con-

13

sistent with section 911(c)(1) of the National De-

14

fense Authorization Act for Fiscal Year 2017

15

(114–328; 10 U.S.C. 111 note) to integrate

16

across the organizations of the Department of

17

Defense responsible for information operations,

18

military deception, public affairs, electronic war-

19

fare, and cyber operations to produce integrated

20

strategy, planning, and budgeting to counter,

21

deter, and conduct strategic information oper-

22

ations and cyber-enabled information operations.

23

(B) DUTIES.—The task force shall carry out

24

the following:

† HR 2810 PAP

505
1

(i) Development of a strategic frame-

2

work for the conduct by the Department of

3

Defense of information operations, includ-

4

ing cyber-enabled information operations,

5

coordinated across all relevant Department

6

of Defense entities, including both near-term

7

and long-term guidance for the conduct of

8

such coordinated operations.

9

(ii) Development and dissemination of

10

a common operating paradigm across the

11

organizations specified in subparagraph (A)

12

of the influence, deception, and propaganda

13

activities of key malign actors, including in

14

cyberspace.

15

(iii) Development of guidance for, and

16

promotion of, the liaison capability of the

17

Department to interact with the private sec-

18

tor, including social media, on matters re-

19

lated to the influence activities of malign

20

actors.

21

(2) HEAD

22

OF CROSS-FUNCTIONAL TASK FORCE.—

(A) IN

GENERAL.—The

Secretary of Defense

23

shall appoint as the head of the task force such

24

individual as the Secretary considers appro-

25

priate from among individuals serving in the

† HR 2810 PAP

506
1

Department as an Under Secretary of Defense or

2

in such other position within the Department of

3

lesser order of precedence.

4

(B) RESPONSIBILITIES.—The responsibil-

5

ities of the head of the task force are as follows:

6

(i) Oversight of strategic policy and

7

guidance.

8

(ii) Overall resource allocation for the

9

integration of information operations and

10

cyber operations of the Department.

11

(iii) Ensuring the task force faithfully

12

pursues the purpose set forth in subpara-

13

graph (A) of paragraph (1) and carries out

14

its duties as set forth in subparagraph (B)

15

of such paragraph.

16

(iv) Carrying out such activities as are

17

required of the head of the task force under

18

subsections (b) and (c).

19

(b) REQUIREMENTS

AND

PLANS

FOR

INFORMATION

20 OPERATIONS.—
21

(1) COMBATANT

COMMAND PLANNING.—The

Sec-

22

retary shall require each commander of a combatant

23

command to develop such requirements and specific

24

plans as may be necessary for the conduct of informa-

25

tion operations, including plans for deterring infor-

† HR 2810 PAP

507
1

mation operations, particularly in the cyber domain,

2

by malign actors against the United States, allies of

3

the United States, and interests of the United States.

4

(2) IMPLEMENTATION

PLAN FOR DEPARTMENT OF

5

DEFENSE STRATEGY FOR OPERATIONS IN THE INFOR-

6

MATION ENVIRONMENT.—

7

(A) IN

GENERAL.—Not

later than 90 days

8

after the date of the enactment of this Act, the

9

head of the task force shall—

10

(i) review the Department of Defense

11

Strategy for Operations in the Information

12

Environment, dated June 2016; and

13

(ii) submit to the congressional defense

14

committees a plan for implementation of

15

such strategy.

16

(B) ELEMENTS.—The implementation plan

17

shall include, at a minimum, the following:

18

(i) An accounting of the efforts under-

19

taken in support of the strategy described in

20

subparagraph (A)(i) since it was issued in

21

June 2016.

22

(ii) A description of any updates or

23

changes to such strategy that have been

24

made since it was first issued, as well as

† HR 2810 PAP

508
1

any expected updates or changes in light of

2

the establishment of the task force.

3

(iii) A description of the role of the De-

4

partment as part of a broader whole-of-gov-

5

ernment strategy for strategic communica-

6

tions, including assumptions about the roles

7

and contributions of other Government de-

8

partments and agencies to such a strategy.

9

(iv)

Defined

actions,

performance

10

metrics, and projected timelines to achieve

11

the following specified tasks:

12

(I) Train, educate, and prepare

13

commanders and their staffs, and the

14

Joint Force as a whole, to lead, man-

15

age, and conduct operations in the in-

16

formation environment.

17

(II) Train, educate, and prepare

18

information operations professionals

19

and practitioners to enable effective op-

20

erations in the information environ-

21

ment.

22

(III) Manage information oper-

23

ations professionals, practitioners, and

24

organizations to meet emerging oper-

25

ational needs.

† HR 2810 PAP

509
1

(IV) Establish a baseline assess-

2

ment of current ability of the Depart-

3

ment to conduct operations in the in-

4

formation environment, including an

5

identification of the types of units and

6

organizations currently responsible for

7

building and employing information-

8

related capabilities and an assignment

9

of appropriate roles and missions for

10

each type of unit or organization.

11

(V) Develop the ability of the De-

12

partment and operating forces to en-

13

gage, assess, characterize, forecast, and

14

visualize the information environment.

15

(VI) Develop and maintain the

16

proper capabilities and capacity to op-

17

erate effectively in the information en-

18

vironment in coordination with imple-

19

mentation of related cyber and other

20

strategies.

21

(VII) Develop and maintain the

22

capability to assess accurately the ef-

23

fect of operations in the information

24

environment.

† HR 2810 PAP

510
1

(VIII) Adopt, adapt, and develop

2

new science and technology for the De-

3

partment to operate effectively in the

4

information environment.

5

(IX) Develop and adapt informa-

6

tion

7

policies, and guidance.

environment-related

concepts,

8

(X) Ensure doctrine relevant to

9

operations in the information environ-

10

ment remains current and responsive

11

based on lessons learned and best prac-

12

tices.

13

(XI) Develop, update, and de-con-

14

flict authorities and permissions, as

15

appropriate, to enable effective oper-

16

ations in the information environment.

17

(XII) Establish and maintain

18

partnerships among Department and

19

interagency partners to enable more ef-

20

fective whole-of-government operations

21

in the information environment.

22

(XIII) Establish and maintain

23

appropriate interaction with entities

24

that are not part of the Federal Gov-

25

ernment, including entities in indus-

† HR 2810 PAP

511
1

try, entities in academia, Federally

2

funded research and development cen-

3

ters, and other organizations, to enable

4

operations in the information environ-

5

ment.

6

(XIV) Establish and maintain

7

collaboration between and among the

8

Department and international part-

9

ners, including partner countries and

10

nongovernmental organizations, to en-

11

able more effective operations in the in-

12

formation environment.

13

(XV) Foster, enhance, and lever-

14

age partnership capabilities and ca-

15

pacities.

16

(v) An analysis of any personnel,

17

resourcing, capability, authority, or other

18

gaps that will need to be addressed to en-

19

sure effective implementation of the strategy

20

described in subparagraph (A)(i) across all

21

relevant elements of the Department.

22

(vi) An investment framework and

23

projected timeline for addressing any gaps

24

identified under clause (v).

† HR 2810 PAP

512
1

(vii) Such other matters as the Sec-

2

retary of Defense considers relevant.

3

(C) PERIODIC

STATUS REPORTS.—Not

later

4

than 90 days after the date on which the imple-

5

mentation plan is submitted under subpara-

6

graph (A)(ii) and not less frequently than once

7

every 90 days thereafter until the date that is

8

three years after the date of such submittal, the

9

head of the task force shall submit to the congres-

10

sional defense committees a report describing the

11

status of the efforts of the Department to accom-

12

plish the tasks specified under clauses (iv) and

13

(vi) of subparagraph (B).

14

(c) TRAINING

AND

EDUCATION.—Consistent with the

15 elements of the implementation plan required under clauses
16 (i) and (ii) of subsection (b)(2)(B)(4), the head of the task
17 force shall establish programs to provide training and edu18 cation to such members of the Armed Forces and civilian
19 employees of the Department of Defense as the Secretary
20 considers appropriate to ensure understanding of the role
21 of information in warfare, the central goal of all military
22 operations to affect the perceptions, views, and decision23 making of adversaries, and the effective management and
24 conduct of operations in the information environment.

† HR 2810 PAP

513
1

(d) ESTABLISHMENT

2

FICER FOR

3

ATIONS.—The

OF

DEFENSE INTELLIGENCE OF-

INFORMATION OPERATIONS

AND

CYBER OPER-

Secretary shall establish a position within

4 the Department of Defense known as the ‘‘Defense Intel5 ligence Officer for Information Operations and Cyber Oper6 ations’’.
7
8
9
10
11
12

(e) DEFINITIONS.—In this section:
(1) The term ‘‘head of the task force’’ means the
head appointed under subsection (a)(2)(A).
(2) The term ‘‘implementation plan’’ means the
plan required by subsection (b)(2)(A)(ii).
(3) The term ‘‘task force’’ means the cross-func-

13

tional

14

(a)(1)(A).

task

force

established

under

subsection

15

SEC. 1043. PROHIBITION ON LOBBYING ACTIVITIES WITH

16

RESPECT TO THE DEPARTMENT OF DEFENSE

17

BY

18

FORCES AND CIVILIAN EMPLOYEES OF THE

19

DEPARTMENT WITHIN TWO YEARS OF SEPA-

20

RATION FROM MILITARY SERVICE OR EM-

21

PLOYMENT WITH THE DEPARTMENT.

22

(a) PROHIBITION.—An individual described in sub-

CERTAIN

OFFICERS

OF

THE

ARMED

23 section (b) may not engage in lobbying activities with re24 spect to the Department of Defense during the two-year pe25 riod beginning on the date of retirement or separation from

† HR 2810 PAP

514
1 service in the Armed Forces or the date of retirement or
2 separation from service with the Department, as applicable.
3

(b) COVERED INDIVIDUALS.—An individual described

4 in this section is the following:
5

(1) An officer of the Armed Forces in grade O–

6

7 or higher at the time of retirement or separation

7

from the Armed Forces.

8

(2) A civilian employee of the Department of De-

9

fense at the Senior Executive Service (SES) level or

10

higher at the time of retirement or separation from

11

service with the Department.

12

(c) LOBBYING ACTIVITIES WITH RESPECT TO THE DE-

13
14
15

PARTMENT OF

DEFENSE DEFINED.—In this section:

(1) The term ‘‘lobbying activities with respect to
the Department of Defense’’ means the following:

16

(A) Lobbying contacts and other lobbying

17

activities with covered executive branch officials

18

and covered legislative branch officials with re-

19

spect to the Department of Defense.

20

(B) Lobbying contacts with covered execu-

21

tive branch officials described in subparagraphs

22

(C) through (F) of section 3(3) of the Lobbying

23

Disclosure Act of 1995 (2 U.S.C. 1602(3)) in the

24

Department of Defense.

† HR 2810 PAP

515
1

(2) The term ‘‘lobbying activities’’ has the mean-

2

ing given that term in section 3(7) of the Lobbying

3

Disclosure Act of 1995 (2 U.S.C. 1602(7)).

4

(3) The term ‘‘covered executive branch official’’

5

has the meaning given that term in section 3(3) of the

6

Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(3)).

7

(4) The term ‘‘covered legislative branch official’’

8

has the meaning given that term in section 3(4) of the

9

Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)).

10

SEC. 1044. DEFINITION OF ‘‘UNMANNED AERIAL VEHICLE’’

11

FOR PURPOSES OF TITLE 10, UNITED STATES

12

CODE.

13

Section 101(e) of title 10, United States Code, is

14 amended by adding at the end the following new paragraph:
15

‘‘(6) UNMANNED

16

‘unmanned aerial vehicle’—

AERIAL VEHICLE.—The

term

17

‘‘(A) means an aerial vehicle that is not

18

controlled by a human being after launch, such

19

as a cruise missile; and

20

‘‘(B) does not include a remotely piloted

21

aerial vehicle if the vehicle is controlled by a

22

human being after launch.’’.

† HR 2810 PAP

516
1

SEC. 1045. TECHNICAL AMENDMENT RELATING TO MANAGE-

2
3

MENT OF MILITARY TECHNICIANS.

Section 1053(a)(1) of the National Defense Authoriza-

4 tion Act for Fiscal Year 2016 (10 U.S.C. 10216 note) is
5 amended by striking ‘‘20 percent’’ and inserting ‘‘12.6 per6 cent’’.
7

SEC. 1046. EXTENSION OF PROHIBITION ON USE OF FUNDS

8

FOR

9

MINE COUNTERMEASURE PLATFORMS.

10

RETIREMENT

OF

LEGACY

MARITIME

Section 1045(a) of the National Defense Authorization

11 Act for Fiscal Year 2017 (Public Law 114–328) is amended
12 in the matter preceding paragraph (1) by striking ‘‘author13 ized to be appropriated by this Act or otherwise made avail14 able for fiscal year 2017 for the Navy’’ and inserting ‘‘au15 thorized to be appropriated or otherwise made available for
16 the Navy for fiscal year 2017 or 2018’’.
17

SEC. 1047. SENSE OF CONGRESS ON THE BASING OF KC–46A

18

AIRCRAFT

19

UNITED STATES.

20

OUTSIDE

THE

CONTINENTAL

(a) FINDING.—Congress finds that the Department of

21 Defense is continuing its process of permanently stationing
22 KC–46A aircraft at installations in the continental United
23 States (CONUS) and forward-basing outside the conti24 nental United States (OCONUS).
25

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

26 that the Secretary of the Air Force, as part of the strategic
† HR 2810 PAP

517
1 basing process for KC–46A aircraft, should continue to
2 place emphasis on and consider the benefits derived from
3 locations outside the continental United States that—
4

(1) support day-to-day air refueling operations,

5

operations plans of the combatant commands, and

6

flexibility for contingency operations, and have—

7

(A) a strategic location that is essential to

8

the defense of the United States and its interests;

9

(B) receivers for boom or probe-and-drogue

10

training opportunities with joint and inter-

11

national partners; and

12

(C) sufficient airfield and airspace avail-

13

ability and capacity to meet requirements; and

14

(2) possess facilities that—

15
16

(A) take full advantage of existing infrastructure to provide—

17

(i) runway, hangars, and aircrew and

18

maintenance operations; and

19

(ii) sufficient fuels receipt, storage, and

20

distribution capacities for a 5-day peace-

21

time operating stock; and

22

(B) minimize overall construction and oper-

23

ational costs.

† HR 2810 PAP

518
1

SEC. 1048. AUTHORIZATION TO PROCURE UP TO SIX POLAR-

2
3
4

CLASS ICEBREAKERS.

(a) AUTHORITY TO PROCURE ICEBREAKERS.—
(1) IN

GENERAL.—The

Secretary of the depart-

5

ment in which the Coast Guard is operating may, in

6

consultation with the Secretary of the Navy, enter

7

into a contract or contracts for the procurement of up

8

to six polar-class icebreakers, including—

9

(A) polar-class heavy icebreakers; and

10
11

(B) polar-class medium icebreakers.
(2) CONDITION

FOR OUT-YEAR CONTRACT PAY-

12

MENTS.—A

13

shall provide that any obligation of the United States

14

to make a payment under the contract for a fiscal

15

year after fiscal year 2018 is subject to the avail-

16

ability of appropriations or funds for that purpose for

17

such later fiscal year.

18

(b) COMPTROLLER GENERAL

contract entered into under paragraph (1)

OF THE

UNITED STATES

19 REPORT.—
20

(1) IN

GENERAL.—Not

later than 45 days after

21

the date of the enactment of this Act, the Comptroller

22

General of the United States shall submit to the Com-

23

mittees on Armed Services of the Senate and the

24

House of Representatives, the Committee on Com-

25

merce, Science, and Transportation of the Senate,

26

and the Committee on Transportation and Infrastruc† HR 2810 PAP

519
1

ture of the House of Representatives a report assessing

2

the cost and procurement schedule for new United

3

States icebreakers.

4

(2) ELEMENTS.—The report required in para-

5

graph (1) shall include an analysis of the following:

6

(A) The current status of the efforts of the

7

Coast Guard to acquire new icebreaking capa-

8

bility, including coordination through the Inte-

9

grated Program Office.

10

(B) Actions being taken by the Coast Guard

11

to incorporate key practices from other nations

12

that procure icebreakers to increase knowledge

13

and reduce costs and risks.

14

(C) The extent by which the cost and sched-

15

ule for building Coast Guard icebreakers differs

16

from those in other countries, if known.

17

(D) The extent that innovative acquisition

18

practices (such as multiyear funding and block

19

buys) may be applied to icebreaker acquisition to

20

reduce the cost and accelerate the schedule.

21

(E) A capacity replacement plan to miti-

22

gate a potential icebreaker capability gap if the

23

Polar Star cannot remain in service.

24
25

(F) Any other matters the Comptroller General considers appropriate.

† HR 2810 PAP

520
1

SEC. 1049. SENSE OF CONGRESS ON USE OF TEST SITES

2

FOR

3

COUNTERING

4

TEMS.

5

RESEARCH

AND

DEVELOPMENT

UNMANNED

AIRCRAFT

ON
SYS-

It is the sense of Congress that—

6

(1) the armed unmanned aircraft systems de-

7

ployed by adversaries for military purposes pose a

8

threat to military installations, critical infrastruc-

9

ture, and members of the Armed Forces in conflict

10

areas like Iraq and Syria;

11

(2) the unmanned aircraft systems test sites des-

12

ignated by the Federal Aviation Administration offer

13

unique capabilities, expertise, and airspace for re-

14

search and development related to unmanned aircraft

15

systems; and

16

(3) the Armed Forces should, as appropriate and

17

to the extent practicable, seek to leverage the test sites

18

described in paragraph (2), as well as existing De-

19

partment of Defense facilities with appropriate exper-

20

tise, for research and development on capabilities to

21

counter the nefarious use of unmanned aircraft sys-

22

tems.

23
24
25

Subtitle F—Studies and Reports
SEC. 1061. ASSESSMENT OF GLOBAL FORCE POSTURE.

(a) ASSESSMENT REQUIRED.—The Secretary of De-

26 fense shall, in consultation with the Chairman of the Joint
† HR 2810 PAP

521
1 Chiefs of Staff and the commanders of the combatant com2 mands, provide for and oversee an assessment of the global
3 force posture of the Armed Forces.
4

(b) REPORT.—Not later than the earlier of 180 days

5 after the production of the 2018 National Defense Strategy
6 (which is intended to be closely coordinated with and com7 plementary to a new National Security Strategy) or Decem8 ber 31, 2018, the Secretary shall submit to the Committees
9 on Armed Services of the Senate and the House of Rep10 resentatives a report on the assessment required by sub11 section (a). The report shall include the following:
12

(1) Recommendations for force size, structure,

13

and basing in Europe, the Middle East, and Asia Pa-

14

cific that reflect and complement the force sizing con-

15

struct included in the 2018 National Defense Strategy

16

in order to guide the growth of the force structure of

17

the Armed Forces, which recommendations shall be

18

based on an evaluation of the relative costs of rota-

19

tional and forward-based forces as well as impacts to

20

deployment timelines of threats to lines of commu-

21

nication and anti-access area denial capabilities of

22

potential adversaries.

23

(2) An assessment by each commander of a geo-

24

graphic combatant command of the capability and

25

force structure gaps within the context of an evalua-

† HR 2810 PAP

522
1

tion of the potential threats in the theater of oper-

2

ations of the combatant command concerned and the

3

operation plans that such combatant command are

4

expected to execute.

5

(3) An evaluation of the concept of operations

6

and the sources of manpower for headquarters re-

7

quired to oversee and direct execution of current oper-

8

ations plans.

9
10

SEC. 1062. ARMY MODERNIZATION STRATEGY.

(a) STRATEGY REQUIRED.—The Secretary of the

11 Army shall develop a modernization strategy for the total
12 Army.
13

(b) ELEMENTS.—The strategy required by subsection

14 (a) shall include the following:
15

(1) A comprehensive description of the future

16

total Army, including key objectives, war fighting

17

challenges, and risks, sufficient to establish require-

18

ments, set priorities, identify opportunity costs, and

19

establish acquisition time lines for the total Army

20

over a period beyond the period of the current future-

21

years defense program under section 221 of title 10,

22

United States Code.

23

(2) Mechanisms for identifying programs of the

24

Army that may be unnecessary, or do not perform ac-

† HR 2810 PAP

523
1

cording to expectations, in achieving the future total

2

Army.

3

(3) A comprehensive description of the manner

4

in which the future total Army intends to fight and

5

win as part of a joint force engaged in combat across

6

all operational domains.

7

(4) A comprehensive description of the mecha-

8

nisms required by the future total Army to maintain

9

command,

control,

and

communications

and

10

sustainment.

11

(c) PARTICULAR CONSIDERATIONS.—In developing the

12 strategy required by subsection (a), the Secretary shall take
13 into particular account the following:
14
15

(1) Current trends and developments in weapons
and equipment technologies.

16

(2) New tactics and force design of peer adver-

17

saries, including the rapid pace of development of

18

such tactics and force design by such adversaries.

19

(d) REPORT.—

20

(1) IN

GENERAL.—Not

later than 90 days after

21

the date of the enactment of this Act, the Secretary

22

shall submit to the congressional defense committees

23

the strategy required by subsection (a).

† HR 2810 PAP

524
1

(2) FORM.—If the report is submitted in classi-

2

fied form, the report shall be accompanied by an un-

3

classified summary.

4

SEC. 1063. REPORT ON ARMY PLAN TO IMPROVE OPER-

5

ATIONAL

6

NUMBER OF NON-DEPLOYABLE SOLDIERS AS-

7

SIGNED TO OPERATIONAL UNITS.

8

UNIT

READINESS

BY

REDUCING

Not later than 90 days after the date of the enactment

9 of this Act, the Secretary of the Army shall submit to the
10 congressional defense committees a report on the plans of
11 the Army to improve operational unit readiness in the
12 Army by reducing the number of non-deployable soldiers
13 assigned to operational units of the Army and replacing
14 such soldiers with soldiers capable of world-wide deploy15 ment.
16

SEC. 1064. EFFORTS TO COMBAT PHYSIOLOGICAL EPISODES

17
18

ON CERTAIN NAVY AIRCRAFT.

(a) IN GENERAL.—Not later than 30 days after the

19 date of the enactment of this Act, and every 90 days there20 after until January 1, 2020, the Secretary of the Navy shall
21 provide to the congressional defense committees information
22 on efforts by the Navy’s Physiological Episode Team to com23 bat the prevalence of physiological episodes in F/A–18 Hor24 net and Super Hornet, EA–18G Growler, and T–45 Gos25 hawk aircraft.

† HR 2810 PAP

525
1

(b) ELEMENTS.—The information required under sub-

2 section (a) shall include the following elements:
3

(1) A description of Naval Aviation Enterprise

4

activities addressing physiological episodes during the

5

reporting period.

6
7

(2) An estimate of funding expended in support
of the activities described under paragraph (1).

8

(3) A description of any planned or executed

9

changes to Physiological Episode Team structure or

10
11

processes.
(4) A description of activities planned for the

12

upcoming two quarters.

13

(c) FORM.—The information required under subsection

14 (a) may be provided in a written report or a briefing.
15

SEC. 1065. STUDIES ON AIRCRAFT INVENTORIES FOR THE

16
17
18

AIR FORCE.

(a) INDEPENDENT STUDIES.—
(1) IN

GENERAL.—The

Secretary of Defense shall

19

provide for the performance of three independent stud-

20

ies of alternative aircraft inventories through 2030,

21

and an associated force-sizing construct, for the Air

22

Force.

23

(2) SUBMITTAL

TO CONGRESS.—Not

later than

24

March 1, 2019, the Secretary shall submit the results

25

of each study to the congressional defense committees.

† HR 2810 PAP

526
1

(3) FORM.—The result of each study shall be sub-

2

mitted in unclassified form, but may include a classi-

3

fied annex.

4

(b) ENTITIES TO PERFORM STUDIES.—The Secretary

5 shall provide for the studies under subsection (a) to be per6 formed as follows:
7

(1) One study shall be performed by the Sec-

8

retary of the Air Force, in consultation with the Di-

9

rector of the Office of Net Assessment.

10
11

(2) One study shall be performed by a federally
funded research and development center.

12

(3) One study shall be conducted by an inde-

13

pendent, nongovernmental institute which is described

14

in section 501(c)(3) of the Internal Revenue Code of

15

1986 and exempt from taxation under section 501(a)

16

of such Code, and has recognized credentials and ex-

17

pertise in national security and military affairs.

18

(c) PERFORMANCE OF STUDIES.—

19

(1) INDEPENDENT

PERFORMANCE.—The

Sec-

20

retary shall require the studies under this section to

21

be conducted independently of one another.

22

(2) MATTERS

TO

BE

CONSIDERED.—In

per-

23

forming a study under this section, the organization

24

performing the study, while being aware of current

25

and projected aircraft inventories for the Air Force,

† HR 2810 PAP

527
1

shall not be limited by such current or projected air-

2

craft inventories, and shall consider the following

3

matters:

4
5

(A) The national security and national defense strategies of the United States.

6

(B) Potential future threats to the United

7

States and to United States air and space forces

8

through 2030.

9
10

(C) Traditional roles and missions of the
Air Force.

11
12

(D) Alternative roles and missions for the
Air Force.

13

(E) The force-sizing methodology and ra-

14

tionale used to calculated aircraft inventory lev-

15

els.

16

(F) Other government and nongovernment

17

analyses that would contribute to the study

18

through variations in study assumptions or po-

19

tential scenarios.

20

(G) The role of evolving technology on fu-

21

ture air forces, including unmanned and space

22

systems.

23
24

(H) Opportunities for reduced operation
and sustainment costs.

† HR 2810 PAP

528
1

(I) Current and projected capabilities of

2

other Armed Forces that could affect force struc-

3

ture capability and capacity requirements of the

4

Air Force.

5

(d) STUDY RESULTS.—The results of each study under

6 this section shall—
7

(1) identify a force-sizing construct for the Air

8

Force that connects national security strategy to air-

9

craft inventories;

10

(2) present the alternative aircraft inventories

11

considered, with assumptions and possible scenarios

12

identified for each;

13
14
15

(3) provide for presentation of minority views of
study participants; and
(4) for the recommended inventories, provide—

16

(A) the numbers and types of aircraft, the

17

numbers and types of manned and unmanned

18

aircraft, and the basic capabilities of each of

19

such platforms;

20
21

(B) describe the force-sizing rationale used
to arrive at the recommended inventory levels;

22

(C) other information needed to understand

23

the aircraft inventories in basic form and the

24

supporting analysis; and

† HR 2810 PAP

529
1
2

(D) options to address aircraft types whose
retirement commences before 2030.

3

SEC. 1066. PLAN AND RECOMMENDATIONS FOR INTER-

4

AGENCY VETTING OF FOREIGN INVESTMENTS

5

WITH POTENTIAL IMPACTS ON NATIONAL DE-

6

FENSE AND NATIONAL SECURITY.

7

(a) PLAN

AND

RECOMMENDATIONS REQUIRED.—The

8 Secretary of Defense shall, in consultation with the Sec9 retary of State and the Secretary of Treasury, assess and
10 develop a plan, and recommendations for agencies of the
11 United States Government other than the Department of
12 Defense, to improve the effectiveness of interagency vetting
13 of foreign investments that could potentially impair both
14 the national security of the United States and the ability
15 of the Department to defend the nation, specifically invest16 ments from nations that pose threats to the national secu17 rity interests of the United States.
18

(b) OBJECTIVES.—The assessment, plan, and rec-

19 ommendations required by subsection (a) shall have the fol20 lowing objectives:
21

(1) To increase collaboration and coordination

22

among the Department of Defense and other agencies

23

of the United States Government, including the Direc-

24

tor of National Intelligence, in the identification and

25

prevention of foreign investments that could poten-

† HR 2810 PAP

530
1

tially impair the national security of the United

2

States and the ability of the Department to defend the

3

nation.

4

(2) To increase collaboration and cooperation

5

among the United States Government and govern-

6

ments of United States allies and partners on invest-

7

ments described in paragraph (1), including through

8

information sharing.

9

(3) To restrict investments described in para-

10

graph (1) by countries of special concern in critical

11

technologies and emerging technologies that are

12

foundational for maintaining the United States tech-

13

nological advantage.

14

(c) ANALYSIS OF ISSUES.—The plan and recommenda-

15 tions required by subsection (a) shall be based upon the re16 sults of an analysis of issues as follows:
17

(1) Whether the current interagency vetting proc-

18

esses and policies place adequate focus on the country

19

of origin of each transaction, particularly when it is

20

a country of special concern, and whether certain

21

transactions emanating from those countries should be

22

presumed to pose certain risks to the ability of the

23

Department to defend the nation.

24

(2) What are the current or projected major

25

vulnerabilities of the Department pertaining to for-

† HR 2810 PAP

531
1

eign investment, including in the areas of cybersecu-

2

rity, reliance on foreign suppliers in the supply chain

3

for defense equipment, limitations on access to certain

4

materials that are essential for national defense, and

5

the use of transportation assets and other critical in-

6

frastructure for training, mobilizing, and deploying

7

forces.

8
9

(3) Whether the current interagency vetting process for foreign investments—

10
11

(A) requires additional resources in order to
be effective;

12

(B) permits the Department adequate time

13

to thoroughly review transactions to conduct na-

14

tional security threat assessments and also deter-

15

mine the impacts of transactions on national de-

16

fense;

17

(C) adequately takes into account risks to

18

the ability of the Department to defend the na-

19

tion posed by transactions before attempting to

20

mitigate them in various ways; and

21

(D) provides adequate monitoring and com-

22

pliance of agreements to mitigate such risks.

23

(4) Whether other agencies of the United States

24

Government, including the Department of the Inte-

25

rior, are aware of the counterintelligence risks posed

† HR 2810 PAP

532
1

to facilities of the Department by purchases or leases

2

of nearby Federal land and are cooperative in pro-

3

viding information to permit a proper assessment of

4

those risks.

5

(5) Whether and to what extent industrial espio-

6

nage is occurring against private United States com-

7

panies to obtain commercial secrets related to critical

8

or foundational technologies.

9

(6) Whether and to what extent future foreign in-

10

vestments have the potential for any of the following:

11

(A) To increase the cost to the Department

12

of acquiring or maintaining necessary defense-

13

related equipment and systems.

14

(B) To reduce the United States techno-

15

logical and industrial advantage relative to any

16

country of special concern.

17

(C) To give any country of special concern

18

a heightened ability to conduct information war-

19

fare against the United States, including through

20

the spread false or misleading information to the

21

American public and the manipulation of Amer-

22

ican public opinion on critical public policy

23

issues.

† HR 2810 PAP

533
1

(7) Whether currently mandated annual reports

2

to Congress on the interagency vetting of foreign in-

3

vestments provide valuable information.

4

(d) ELEMENTS.—The elements of the assessment, plan,

5 and recommendations required by subsection (a) shall in6 clude the following:
7

(1) A list of countries of special concern for in-

8

vestments that could potentially impair the ability of

9

the Department to defend the nation.

10

(2) A description of recent trends in foreign in-

11

vestment transactions by countries of special concern,

12

including joint ventures, the sale of assets pursuant to

13

bankruptcy, and the purchase or lease of real estate

14

in proximity to military installations.

15

(3) A description of any strategies used by coun-

16

tries of special concern to exploit vulnerabilities in

17

existing foreign investment vetting processes and reg-

18

ulations.

19

(4) An assessment of any market distortion or

20

unfair competition by any country of special concern

21

that directly or indirectly impairs the national secu-

22

rity or the United States and the ability of the De-

23

partment to defend the nation.

24

(e) REPORTS.—

† HR 2810 PAP

534
1

(1) INTERIM

REPORT.—Not

later than 90 days

2

after the date of the enactment of this Act, the Sec-

3

retary of Defense shall submit to the Committees on

4

Armed Services of the Senate and the House of Rep-

5

resentatives a report on the progress of the Secretary

6

in developing the plan and recommendations required

7

by subsection (a).

8

(2) FINAL

REPORT.—Not

later than 180 days

9

after the date of the enactment of this Act, the Sec-

10

retary shall submit to the committees of Congress re-

11

ferred to in paragraph (1) a report setting forth the

12

plan and recommendations developed pursuant to

13

subsection (a).

14

(3) FORM.—Each report under this subsection

15

shall be submitted in unclassified form, but may in-

16

clude a classified annex.

17

SEC. 1067. REPORT ON AUTHORITIES FOR THE EMPLOY-

18

MENT,

19

GUARD AND RESERVE TECHNICIANS.

20

(a) IN GENERAL.—Not later than April 1, 2018, the

USE,

AND

STATUS

OF

NATIONAL

21 Secretary of Defense shall submit to the Committees on
22 Armed Services of the Senate and the House of Representa23 tives a report setting forth the results of a review, under24 taken by the Secretary for purposes of the report, of the fol25 lowing:

† HR 2810 PAP

535
1

(1) Authority for the employment, use, and sta-

2

tus of National Guard technicians under section 709

3

of title 32, United States Code (commonly referred to

4

as the ‘‘National Guard Technicians Act of 1968’’).

5

(2) Authorities for the employment, use, and sta-

6

tus of National Guard and Reserve technicians under

7

sections 10216 through 10218 of title 10, United

8

States Code.

9

(3) Any other authorities on the employment,

10

use, and status of National Guard and Reserve tech-

11

nicians under law.

12

(b) PURPOSES.—The purposes of the review required

13 pursuant to subsection (a) shall be as follows:
14
15

(1) To define the mission and requirements of
National Guard and Reserve technicians.

16

(2) To identify means to improve the manage-

17

ment and administration of the National Guard and

18

Reserve technician workforce.

19

(3) To identify means to enhance the capability

20

of the Department of Defense to recruit and retain

21

National Guard and Reserve technicians.

22

(4) To assess the current career progression

23

tracks of National Guard and Reserve technicians.

24

(c) CONSULTATION.—In conducting the review re-

25 quired pursuant to subsection (a), the Secretary shall con-

† HR 2810 PAP

536
1 sult with the Chief of the National Guard Bureau, the Chief
2 of Army Reserve, the Chief of Air Force Reserve, and rep3 resentatives of National Guard and Reserve technicians (in4 cluding collective bargaining representatives of such techni5 cians).
6
7

(d) INCLUSION
VIEW.—The

OF

RECENT AUTHORITIES

IN

RE -

Secretary shall ensure that the review required

8 pursuant to subsection (a) takes into account authorities,
9 and modifications of authorities, for the employment, use,
10 and status of National Guard and Reserve technicians in
11 the National Defense Authorization Act for Fiscal Year
12 2016 (Public Law 114–92) and the National Defense Au13 thorization Act for Fiscal Year 2017 (Public Law 114–328).
14

(e) REQUIRED ELEMENTS.—In meeting the purposes

15 of the review as set forth in subsection (b), the review re16 quired pursuant to subsection (a) shall address, in par17 ticular, the following:
18

(1) The extent to which National Guard and Re-

19

serve technicians are assigned military duties incon-

20

sistent with, or of a different nature than, their civil-

21

ian duties, the impact of such assignments on unit

22

readiness, and the effect of such assignments on the

23

career progression of technicians.

24

(2) The use by the Department of Defense (espe-

25

cially within the National Guard) of selective reten-

† HR 2810 PAP

537
1

tion boards to separate National Guard and Reserve

2

technicians from military service (with the effect of

3

thereby separating them from civilian service) before

4

they accrue a full, unreduced retirement annuity in

5

connection with Federal civilian service, and whether

6

that use is consistent with the authority in section

7

10216(f) of title 10, United States Code, that techni-

8

cians be permitted to remain in service past their

9

mandatory separation date until they qualify for an

10

unreduced retirement annuity.

11

(3) The feasibility and advisability of extending

12

eligibility for benefits under the TRICARE program

13

to National Guard and Reserve technicians, including

14

the types, if any, of benefits whose extension would be

15

feasible and advisable.

16

(4) The impact on recruitment and retention,

17

and the budgetary impact, of permitting National

18

Guard and Reserve technicians who receive an enlist-

19

ment incentive before becoming a technician to retain

20

such incentive upon becoming a technician.

21

(f) REPORT ELEMENTS.—The report required by sub-

22 section (a) shall include the following:
23

(1) The results of the review undertaken pursu-

24

ant to subsection (a), including on the matters set

25

forth in subsections (b) and (e).

† HR 2810 PAP

538
1

(2) Such recommendations for legislative or ad-

2

ministrative action as the Secretary considers appro-

3

priate in light of the review in order to improve and

4

enhance the employment, use, and status of National

5

Guard and Reserve technicians.

6

SEC. 1068. CONFORMING REPEALS AND TECHNICAL AMEND-

7

MENTS IN CONNECTION WITH REPORTS OF

8

THE DEPARTMENT OF DEFENSE WHOSE SUB-

9

MITTAL

10
11

TO

CONGRESS

HAS

PREVIOUSLY

BEEN TERMINATED BY LAW.

(a) TITLE 10, UNITED STATES CODE.—Title 10,

12 United States Code, is amended as follows:
13

(1) Section 113(c) is amended—

14

(A) by striking paragraph (2);

15

(B) by striking ‘‘(1)’’; and

16

(C) by redesignating subparagraphs (A),

17

(B), and (C) as paragraphs (1), (2), and (3), re-

18

spectively.

19

(2) Section 113 is further amended by striking

20

subsection (l).

21

(3)(A) Section 115a is repealed.

22

(B) The table of sections at the beginning of

23

chapter 2 is amended by striking the item relating to

24

section 115a.

† HR 2810 PAP

539
1
2

(4) Section 386(c)(1) is amended by striking
‘‘331,’’.

3

(5)(A) Section 235 is repealed.

4

(B) The table of sections at the beginning of

5

chapter 9 is amended by striking the item relating to

6

section 235.

7
8
9
10
11

(6) Section 428 is amended by striking subsection (f).
(7) Section 974(d) is amended by striking paragraph (3).
(8) Section 1073b is amended—

12

(A) by striking subsection (a); and

13

(B) by redesignating subsections (b) and (c)

14

as subsections (a) and (b), respectively.

15

(9) Section 1597 is amended—

16

(A) by striking subsection (c);

17

(B) by redesignating subsections (d), (e),

18

and (f) as subsections (c), (d), and (e), respec-

19

tively; and

20

(C) in subsection (c), as redesignated by

21

subparagraph (B), by striking ‘‘or a master plan

22

prepared under subsection (c)’’.

23

(10) Section 1705 is amended—

24

(A) by striking subsection (f); and

† HR 2810 PAP

540
1

(B) by redesignating subsections (g) and (h)

2

as subsections (f) and (g), respectively.

3

(11) Section 1722b is amended by striking sub-

4
5
6
7

section (c).
(12) Section 1781b is amended by striking subsection (d).
(13) Section 2193b is amended—

8

(A) by striking subsection (g); and

9

(B) by redesignating subsection (h) as sub-

10

section (g).

11

(14) Section 2262 is amended by striking sub-

12
13

section (d).
(15) Section 2263 is amended—

14

(A) by striking subsection (b); and

15

(B) by redesignating subsection (c) as sub-

16

section (b).

17

(16)(A) Section 2277 is repealed.

18

(B) The table of sections at the beginning of

19

chapter 135 is amended by striking the item relating

20

to section 2277.

21

(17) Section 2306b(l) is amended—

22

(A) by striking paragraphs (4) and (5); and

23

(B) by redesignating paragraphs (6), (7),

24

(8), and (9) as paragraphs (4), (5), and (6), and

25

(7), respectively.

† HR 2810 PAP

541
1

(18)(A) Section 2313a is repealed.

2

(B) The table of sections at the beginning of

3

chapter 137 is amended by striking the item relating

4

to section 2313a.

5
6
7
8
9
10
11

(19) Section 2330a is amended by striking subsection (c).
(20) Section 2350j is amended by striking subsection (f).
(21) Section 2410i(c) is amended by striking the
second sentence.
(22) Section 2475 is amended—

12

(A) by striking subsection (a); and

13

(B) by striking ‘‘(b) NOTIFICATION

14

CISION

15

(23) Section 2506 is amended—

16
17

DE -

TO EXECUTE PLAN.—’’.

(A) by striking ‘‘(a) DEPARTMENTAL GUIDANCE.—’’;

18
19

OF

and

(B) by striking subsection (b).
(24) Section 2537 is amended—

20

(A) by striking subsection (b); and

21

(B) by redesignating subsection (c) as sub-

22

section (b).

23

(25) Section 2564 is amended—

24

(A) by striking subsection (e); and

† HR 2810 PAP

542
1

(B) by redesignating subsections (f) and (g)

2

as subsection (e) and (f), respectively.

3

(26) Section 2831 is amended—

4

(A) by striking subsection (e);

5

(B) by redesignating subsection (f) as sub-

6

section (e); and

7

(C) in subsection (e), as so redesignated—

8

(i) by striking ‘‘(1) Except as provided

9

in paragraphs (2) and (3), the Secretary’’

10

and inserting ‘‘The Secretary’’;

11

(ii) by striking paragraphs (2) and

12

(3); and

13

(iii) by redesignating subparagraphs

14

(A) and (B) as paragraphs (1) and (2), re-

15

spectively.

16

(27) Section 2859 is amended—

17

(A) by striking subsection (c); and

18

(B) by redesignating subsection (d) as sub-

19

section (c).

20

(28) Section 2861 is amended by striking sub-

21
22
23
24
25

section (d).
(29) Section 2866(b) is amended by striking
paragraph (3).
(30) Section 2912 is amended by striking subsection (d).

† HR 2810 PAP

543
1

(31)(A) Section 4316 is repealed.

2

(B) The table of sections at the beginning of

3

chapter 401 is amended by striking the item relating

4

to section 4316.

5

(32) Section 5144(d) is amended—

6

(A) by striking ‘‘(1)’’ before ‘‘The Com-

7

mander’’; and

8

(B) by striking paragraph (2).

9

(33) Section 10504 is amended—

10

(A) by striking ‘‘(a) ANNUAL REPORT.—’’;

11

and

12
13

(B) by striking subsection (b).
(b) TITLE 32, UNITED STATES CODE.—Section 509 of

14 title 32, United States Code, is amended—
15

(1) by striking subsection (k); and

16

(2) by redesignating subsections (l) and (m) as

17

subsections (k) and (l), respectively.

18

(c)

TITLE

5,

UNITED

STATES

CODE.—Section

19 9902(f)(2) of title 5, United States Code, is amended—
20

(1) by striking ‘‘(A)’’ after ‘‘(2)’’; and

21

(2) by striking subparagraphs (B) and (C).

22

(d) DEPARTMENT

OF

DEFENSE AUTHORIZATION ACT,

23 1985.—Section 1003 of the Department of Defense Author24 ization Act, 1985 (Public Law 98–525; 22 U.S.C. 1928
25 note) is amended by striking subsections (c) and (d).

† HR 2810 PAP

544
1

(e) NATIONAL DEFENSE AUTHORIZATION ACT, FISCAL

2 YEAR 1989.—Subsection (b) of section 1009 of the National
3 Defense Authorization Act, Fiscal Year 1989 (Public Law
4 100–456; 22 U.S.C. 1928 note) is repealed.
5

(f) NATIONAL DEFENSE AUTHORIZATION ACT

6 FISCAL YEARS 1990

AND

FOR

1991.—Section 211 of the Na-

7 tional Defense Authorization Act for Fiscal Years 1990 and
8 1991 (Public Law 101–189; 103 Stat. 1394) is amended
9 by striking subsection (e).
10

(g) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

11 FISCAL YEAR 1991.—Section 1518 of the National Defense
12 Authorization Act for Fiscal Year 1991 (Public Law 101–
13 510; 24 U.S.C. 418) is amended—
14

(1) in subsection (c)(1), by striking ‘‘Congress

15

and’’ in the second sentence; and

16

(2) in subsection (e)—

17

(A) by striking paragraph (2);

18

(B) by striking ‘‘(1)’’ before ‘‘Not later

19

than’’; and

20

(C) by redesignating subparagraphs (A)

21

and (B) as paragraphs (1) and (2), respectively.

22

(h) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

23 FISCAL YEAR 1994.—Section 1603 of the National Defense
24 Authorization Act for Fiscal Year 1994 (Public Law 103–

† HR 2810 PAP

545
1 160; 22 U.S.C. 2751 note) is amended by striking subsection
2 (d).
3

(i) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

4 FISCAL YEAR 1995.—Section 533 of the National Defense
5 Authorization Act for Fiscal Year 1995 (Public Law 103–
6 337; 10 U.S.C. 113 note) is repealed.
7

(j) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

8 FISCAL YEAR 2000.—Section 366 of the National Defense
9 Authorization Act for Fiscal Year 2000 (Public Law 106–
10 65; 10 U.S.C. 113 note) is amended by striking subsection
11 (f).
12

(k) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

13 FISCAL YEAR 2002.—The National Defense Authorization
14 Act for Fiscal Year 2002 (Public Law 107–107) is amended
15 as follows:
16

(1) Section 346 (115 Stat. 1062) is amended—

17

(A) by striking subsections (b) and (c); and

18

(B) by redesignating subsection (d) as sub-

19

section (b).

20

(2) Section 1008(d) (10 U.S.C. 113 note) is

21

amended—

22

(A) by striking ‘‘(1)’’ before ‘‘On each’’; and

23

(B) by striking paragraph (2).

24

(l) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

25 FISCAL YEAR 2003.—Section 817 of the Bob Stump Na-

† HR 2810 PAP

546
1 tional Defense Authorization Act for Fiscal Year 2003 (Pub2 lic Law 107–314; 10 U.S.C. 2306a note) is amended—
3

(1) by striking subsection (d); and

4

(2) by redesignating subsection (e) as subsection

5

(d).

6

(m) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

7 FISCAL YEAR 2004.—Section 1022 of the National Defense
8 Authorization Act for Fiscal Year 2004 (Public Law 108–
9 136; 10 U.S.C. 271 note) is amended—
10

(1) by striking subsection (c); and

11

(2) by redesignating subsections (d) and (e) as

12

subsections (c) and (d), respectively.

13

(n) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

14 FISCAL YEAR 2006.—The National Defense Authorization
15 Act for Fiscal Year 2006 (Public Law 109–163) is amended
16 as follows:
17

(1) Section 123 (119 Stat. 3157) is amended—

18

(A) by striking subsection (d); and

19

(B) by redesignating subsection (e) as sub-

20

section (d).

21

(2) Section 218(c) (119 Stat. 3171) is amended

22
23
24

by striking paragraph (3).
(3) Section 1224 (10 U.S.C. 113 note) is repealed.

† HR 2810 PAP

547
1

(o) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

2 FISCAL YEAR 2007.—Section 357 of the John Warner Na3 tional Defense Authorization Act for Fiscal Year 2007 (Pub4 lic Law 109–364; 22 U.S.C. 4865 note) is amended—
5
6
7
8

(1) by striking ‘‘(a) RECONCILIATION REQUIRED.—’’;

and

(2) by striking subsection (b).
(p) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

9 FISCAL YEAR 2008.—The National Defense Authorization
10 Act for Fiscal Year 2008 (Public Law 110–181) is amended
11 as follows:
12
13
14
15
16

(1) Section 328 (10 U.S.C. 4544 note) is amended by striking subsection (b).
(2) Section 330 (122 Stat. 68) is amended by
striking subsection (e).
(3) Section 845 (5 U.S.C. App. 5 note) is re-

17

pealed.

18

(q) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

19 FISCAL YEAR 2009.—The Duncan Hunter National Defense
20 Authorization Act for Fiscal Year 2009 (Public Law 110–
21 417) is amended as follows:
22

(1) Section 943 (122 Stat. 4578) is amended—

23

(A) by striking subsection (e); and

† HR 2810 PAP

548
1

(B) by redesignating subsections (f), (g),

2

and (h) as subsections (e), (f), and (g), respec-

3

tively.

4

(2) Section 1014 (122 Stat. 4586) is amended by

5

striking subsection (c).

6
7

(3) Section 1048 (122 Stat. 4603) is repealed.
(r) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

8 FISCAL YEAR 2010.—Section 121 of the National Defense
9 Authorization Act for Fiscal Year 2010 (Public Law 111–
10 84; 123 Stat. 2211) is amended—
11

(1) by striking subsection (e); and

12

(2) by redesignating subsection (f) as subsection

13

(e).

14

(s) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

15 FISCAL YEAR 2011.—The Ike Skelton National Defense Au16 thorization Act for Fiscal Year 2011 (Public Law 111–383)
17 is amended as follows:
18
19

(1) Section 112(b) (124 Stat. 4153) is amended—

20

(A) by striking paragraph (3); and

21

(B) by redesignating paragraph (4) as

22

paragraph (3).

23

(2) Section 243 (10 U.S.C. 2358 note) is amend-

24

ed—

25

(A) by striking subsection (c); and

† HR 2810 PAP

549
1

(B) by redesignating subsections (d) and (e)

2

as subsections (c) and (d), respectively.

3

(3) Section 866(d) (10 U.S.C. 2302 note) is

4

amended—

5

(A) by striking ‘‘(d) REPORTS.—’’ and all

6

that follows through ‘‘(2) PROGRAM

7

MENT.—If

8

lowing:

ASSESS-

the Secretary’’ and inserting the fol-

9

‘‘(d) PROGRAM ASSESSMENT.—If the Secretary’’; and

10

(B) by redesignating subparagraphs (A),

11

(B), and (C) as paragraphs (1), (2), and (3), re-

12

spectively, and indenting the left margin of such

13

paragraphs, as so redesignated, two ems from the

14

left margin.

15

(4) Section 1054 (10 U.S.C. 113 note) is re-

16

pealed.

17

(t) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

18 FISCAL YEAR 2012.—The National Defense Authorization
19 Act for Fiscal Year 2012 (Public Law 112–81) is amended
20 as follows:
21
22
23
24

(1) Subsection (b) of section 1102 (5 U.S.C. 9902
note) is repealed.
(2) Section 1207 (22 U.S.C. 2151 note) is
amended—

25

(A) by striking subsection (n); and

† HR 2810 PAP

550
1

(B) by redesignating subsections (o) and (p)

2

as subsections (n) and (o), respectively.

3

(3) Section 2828 (10 U.S.C. 7291 note) is

4

amended—

5

(A)

6

QUIRED.—’’;

7
8
9
10

by

striking

‘‘(a)

METERING

RE -

and

(B) by striking subsection (b).
(4) Section 2867 (10 U.S.C. 2223a note) is
amended by striking subsection (d).
(u) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

11 FISCAL YEAR 2013.—The National Defense Authorization
12 Act for Fiscal Year 2013 (Public Law 112–239) is amended
13 as follows:
14

(1) Section 126 (126 Stat. 1657) is amended—

15

(A) by striking ‘‘(a) DESIGNATION RE-

16

QUIRED.—’’;

17
18
19
20
21

and

(B) by striking subsection (b).
(2) Section 144 (126 Stat. 1663) is amended by
striking subsection (c).
(3) Section 716 (10 U.S.C. 1074g note) is
amended—

22

(A) by striking subsection (e); and

23

(B) by redesignating subsections (f) and (g)

24

as subsections (e) and (f), respectively.

† HR 2810 PAP

551
1
2

(4) Section 738(e) (10 U.S.C. 1071 note) is
amended—

3

(A) by striking ‘‘REPORTS REQUIRED.—’’

4

and all that follows through ‘‘Not later than’’

5

and inserting ‘‘REPORT.—Not later than’’; and

6

(B) by striking paragraph (2).

7

(5) Section 865 (126 Stat. 1861) is repealed.

8

(6) Section 917 (126 Stat. 1878) is repealed.

9

(7) Subsection (c) of section 921 (126 Stat.

10

1878) is repealed.

11
12

(8) Subsection (c) of section 1079 (10 U.S.C. 221
note) is repealed.

13
14

(9) Section 1211(d) (126 Stat. 1983) is amended—

15

(A) by striking paragraph (3); and

16

(B) by redesignating paragraph (4) as

17

paragraph (3).

18

(10) Section 1273 (22 U.S.C. 2421f) is amend-

19

ed—

20

(A) by striking subsection (d); and

21

(B) by redesignating subsection (e) as sub-

22

section (d).

23

(11) Section 1276 (10 U.S.C. 2350c note) is

24

amended—

25

(A) by striking subsection (e); and

† HR 2810 PAP

552
1

(B) by redesignating subsections (f) and (g)

2

as subsections (e) and (f), respectively.

3

(v) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

4 FISCAL YEAR 2014.—The National Defense Authorization
5 Act for Fiscal Year 2014 (Public Law 113–66) is amended
6 as follows:
7
8

(1) Section 907(c)(3) (10 U.S.C. 1564 note) is
amended—

9

(A) by striking ‘‘METRICS.—’’ and all that

10

follows through ‘‘In developing the strategy’’ and

11

inserting ‘‘METRICS.—In developing the strat-

12

egy’’; and

13
14
15

(B) by striking subparagraph (B).
(2) Section 923 (10 U.S.C. prec. 421 note) is
amended—

16

(A) by striking subsection (b); and

17

(B) by redesignating subsections (c), (d),

18

and (e) as subsections (b), (c), and (d), respec-

19

tively.

20

(3) Section 1249 (127 Stat. 925) is repealed.

21

(4) Section 1611 (127 Stat. 947) is amended by

22
23

striking subsection (d).
(5) Section 2916 (127 Stat. 1028) is amended—

24
25

(A) by striking ‘‘(a) PROGRAM
TAMINATION

† HR 2810 PAP

REQUIRED.—’’; and

OF

DECON-

553
1

(B) by striking subsection (b).

2

(w) NATIONAL DEFENSE AUTHORIZATION ACT

FOR

3 FISCAL YEAR 2015.—The Carl Levin and Howard P.
4 ‘‘Buck’’ McKeon National Defense Authorization Act for
5 Fiscal Year 2015 (Public Law 113–291) is amended as fol6 lows:
7
8

(1) Section 232 (10 U.S.C. 2358 note) is amended—

9

(A) by striking subsection (e); and

10

(B) by redesignating subsections (f) and (g)

11

as subsections (e) and (f), respectively.

12

(2) Section 914(d) (5 U.S.C. 5911 note) is

13

amended—

14

(A) by striking paragraphs (2) and (3); and

15

(B) by redesignating paragraph (4) as

16

paragraph (2).

17

(3) Section 1052(b) (128 Stat. 3497) is amend-

18

ed—

19

(A) by striking paragraph (2);

20

(B) by striking ‘‘REPORTS REQUIRED.—’’

21

and all that follows through ‘‘Not later than’’

22

and inserting ‘‘REPORT.—Not later than’’; and

23

(C) by redesignating subparagraphs (A),

24

(B), and (C) as paragraphs (1), (2), and (3) and

† HR 2810 PAP

554
1

indenting the left margin of such paragraphs, as

2

so redesignated, two ems from the left margin.

3

(4) Section 1207 (10 U.S.C. 2342 note) is

4

amended—

5

(A) by striking subsection (d); and

6

(B) by redesignating subsections (e) and (f)

7

as subsections (d) and (e), respectively.

8

(5) Section 1209 (128 Stat. 3542) is amended by

9

striking subsection (d).

10
11

(6) Section 1236 (128 Stat. 3559) is amended by
striking subsection (d).

12

(7) Section 1325 (50 U.S.C. 3715) is amended—

13

(A) by striking subsection (e); and

14

(B) by redesignating subsections (f) and (g)

15

as subsections (e) and (f), respectively.

16

(8) Section 1341 (50 U.S.C. 3741) is repealed.

17

(9) Section 1342 (50 U.S.C. 3742) is repealed.

18

(10) Section 1532(b) (128 Stat. 3613) is amend-

19

ed by striking paragraph (5).

20
21

(11) Section 1534 (128 Stat. 3616) is amended—

22

(A) by striking subsection (g); and

23

(B) by redesignating subsection (h) as sub-

24

section (g).

† HR 2810 PAP

555
1

(12) Section 1607 (128 Stat. 3625) is amend-

2

ed—

3

(A) by striking subsection (b);

4

(B) by redesignating subsections (c) and (d)

5

as subsections (b) and (c), respectively; and

6

(C) in subsection (c), as redesignated by

7

subparagraph (B), by striking ‘‘requirements

8

under subsections (a) and (b)’’ and inserting

9

‘‘requirement in subsection (a)’’.

10
11

(x) INTELLIGENCE REFORM
TION

ACT

OF

AND

TERRORISM PREVEN-

2004.—Section 3002(c) of the Intelligence Re-

12 form and Terrorism Prevention Act of 2004 (50 U.S.C.
13 3343(c)) is amended by striking paragraph (4).
14

SEC. 1069. ANNUAL REPORTS ON APPROVAL OF EMPLOY-

15

MENT OR COMPENSATION OF RETIRED GEN-

16

ERAL OR FLAG OFFICERS BY FOREIGN GOV-

17

ERNMENTS FOR EMOLUMENTS CLAUSE PUR-

18

POSES.

19

(a) ANNUAL REPORTS.—Section 908 of title 37,

20 United States Code, is amended by adding at the end the
21 following new subsection:
22

‘‘(d) ANNUAL REPORTS

23 GENERAL

AND

ON

APPROVALS

FOR

RETIRED

FLAG OFFICERS.—(1) Not later than Janu-

24 ary 31 each year, the Secretaries of the military depart25 ments shall jointly submit to the appropriate committees

† HR 2810 PAP

556
1 and Members of Congress a report on each approval under
2 subsection (b) for employment or compensation described in
3 subsection (a) for a retired member of the armed forces in
4 a general or flag officer grade that was issued during the
5 preceding year.
6

‘‘(2) In this subsection, the appropriate committees

7 and Members of Congress are—
8

‘‘(A) the Committee on Armed Services, the Com-

9

mittee on Foreign Relations, and the Committee on

10

Appropriations of the Senate;

11

‘‘(B) the Committee on Armed Services, the Com-

12

mittee on Foreign Affairs, and the Committee on Ap-

13

propriations of the House of Representatives;

14
15

‘‘(C) the Majority Leader and the Minority
Leader of the Senate; and

16

‘‘(D) the Speaker of the House of Representatives

17

and the Minority Leader of the House of Representa-

18

tives.’’.

19

(b) SCOPE

OF

FIRST REPORT.—The first report sub-

20 mitted pursuant to subsection (d) of section 908 of title 37,
21 United States Code (as added by subsection (a) of this sec22 tion), after the date of the enactment of this Act shall cover
23 the five-year period ending with the year before the year
24 in which such report is submitted.

† HR 2810 PAP

557
1

SEC. 1070. ANNUAL REPORT ON CIVILIAN CASUALTIES IN

2

CONNECTION WITH UNITED STATES MILI-

3

TARY OPERATIONS.

4

(a) ANNUAL REPORT REQUIRED.—Not later than May

5 1 each year, the Secretary of Defense shall submit to the
6 congressional defense committees a report on civilian cas7 ualties caused as a result of United States military oper8 ations during the preceding year.
9

(b) ELEMENTS.—Each report under subsection (a)

10 shall set forth the following:
11

(1) A list of all the United States military oper-

12

ations during the year covered by such report that

13

were confirmed to have resulted in civilian casualties.

14

(2) For each military operation listed pursuant

15

to paragraph (1), the following:

16

(A) The date.

17

(B) The location.

18

(C) The type of operation.

19

(D) The confirmed number of civilian cas-

20
21

ualties.
(c) FORM.—Each report under subsection (a) shall be

22 submitted in unclassified form, but may include a classified
23 annex.
24

(d) SUNSET.—The requirement to submit a report

25 under subsection (a) shall expire on the date that is five
26 years after the date of the enactment of this Act.
† HR 2810 PAP

558
1

SEC. 1071. REPORT ON LARGE-SCALE, JOINT EXERCISES IN-

2

VOLVING THE AIR AND LAND DOMAINS.

3

(a) FINDINGS.—Congress makes the following findings:

4

(1) General Milley has stated that the Army

5

would experience ‘‘High Military Risk’’ against

6

emerging threats or great power conflict.

7

(2) General Goldfein has stated that ‘‘for 15 con-

8

secutive years, the Army’s been decisively committed

9

to Iraq and Afghanistan and other counter terrorist,

10

counter insurgency type operations. In order to do

11

that, [the Air Force] essentially came off of a core

12

warfare fighting skills of combined arms maneuver

13

against a near peer or a higher end threat’’.

14

(3) The United States has grown accustomed to

15

technological supremacy and weapons overmatch to

16

deter and defeat potential adversaries.

17

(4) The Department of Defense conducts several

18

large-scale, joint exercises that stress interoperability

19

in contested air and sea domains, including the VAL-

20

IANT SHIELD, NORTHERN EDGE, and RIMPAC

21

exercises, yet few large-scale, joint Army and Air

22

Force exercises exist to stress interoperability in con-

23

tested air and land domains.

24

(5) Large-scale, joint training exercises that

25

stress interoperability across domains are a vital part

† HR 2810 PAP

559
1

of establishing and maintaining military readiness

2

for conflicts involving near-peer competitors.

3

(6) It is to the benefit of the United States and

4

the North Atlantic Treaty Organization (NATO) to

5

train to contested air and land operations in order to

6

increase joint and coalition readiness, as well as to

7

correct capability gaps in the European theatre of op-

8

erations that may be discovered during these exercises.

9

(b) REPORT REQUIRED.—Not later than 180 days

10 after the date of the enactment of this Act, the Secretary
11 of the Defense shall submit to the congressional defense com12 mittees a report on the following:
13
14
15
16
17

(1) Existing large-scale, joint exercises involving
the air and land domains.
(2) Plans to expand the scale and scope of the exercises described in paragraph (1).
(3) Plans to conduct new large-scale, joint exer-

18

cises in the domains referred to in paragraph (1).

19

(c) POTENTIAL LOCATIONS

FOR

EXPANDED

OR

NEW

20 EXERCISES.—The report under subsection (b) shall include
21 an analysis of potential locations for the expanded or new
22 exercises covered by the plans described in paragraphs (2)
23 and (3) of that subsection, with priority given to locations
24 that facilitate training by and with—

† HR 2810 PAP

560
1

(1) sufficient overlapping airspace and ground

2

range capabilities and capacity to meet the training

3

requirements for operating within an anti-access area

4

denial (A2/AD) environment for air and ground oper-

5

ations;

6

(2) the ability to host bilateral and multilateral

7

training opportunities with international partners in

8

both the air and land domains;

9
10

(3) limited encroachments that adversely impact
training or operations;

11

(4) robust use of the electromagnetic spectrum,

12

including global positioning system (GPS), atmos-

13

pheric, and communications-jamming;

14
15

(5) minimization of adversary intelligence collection capabilities;

16

(6) realistic replication of diverse geographic,

17

topographic, and weather environments in which a

18

near-peer combined air and ground campaign might

19

occur;

20

(7) existing facilities to support personnel, oper-

21

ations, and logistics associated with the flying mis-

22

sions and ground maneuver missions; and

23
24

(8) minimization of overall construction and
operational costs.

† HR 2810 PAP

561
1

SEC. 1072. DEPARTMENT OF DEFENSE REVIEW OF NAVY CA-

2
3
4

PABILITIES IN THE ARCTIC REGION.

(a) REPORT ON CAPABILITIES.—
(1) IN

GENERAL.—Not

later than 180 days after

5

the date of the enactment of this Act, the Secretary of

6

the Navy shall submit to the congressional defense

7

committees a report on the capabilities of the Navy in

8

the Arctic region.

9

(2) ELEMENTS.—The report required by para-

10

graph (1) shall include an analysis of the following:

11

(A) The current naval capabilities of the

12

Department of Defense in the Arctic region, with

13

a particular emphasis on surface capabilities.

14

(B) Any gaps that exist between the current

15

naval capabilities described in paragraph (1)

16

and the ability of the Department to fully exe-

17

cute its updated strategy for the Arctic region.

18

(C) Any gaps in the capabilities described

19

in paragraph (1) that require ice-hardening of

20

existing vessels or the construction of new vessels

21

to preserve freedom of navigation in the Arctic

22

region whenever and wherever necessary.

23

(D) An analysis and recommendation of

24

which Navy vessels could be ice-hardened to effec-

25

tively preserve freedom of navigation in the Arc-

† HR 2810 PAP

562
1

tic region when and where necessary, in all sea-

2

sons and weather conditions.

3

(E) An analysis of any cost increases or

4

schedule adjustments that may result from ice-

5

hardening existing or new Navy vessels.

6

(b) COMPTROLLER GENERAL

OF THE

UNITED STATES

7 REVIEW.—Not later than 90 days after the date on which
8 the Secretary submits the report required by subsection (a),
9 the Comptroller General of the United States shall submit
10 to the congressional defense committees a review of the re11 port, including any matters in connection with the report
12 and the review that the Comptroller General considers ap13 propriate.
14

(c) FORM.—The report under subsection (a) and the

15 review under subsection (b) shall each be submitted in un16 classified form, but may include a classified annex.
17

SEC. 1073. BUSINESS CASE ANALYSIS ON ESTABLISHMENT

18

OF ACTIVE DUTY ASSOCIATION AND ADDI-

19

TIONAL

20

TIONS FOR THE 168TH AIR REFUELING WING.

21

(a) BUSINESS CASE ANALYSIS.—The Secretary of the

PRIMARY

AIRCRAFT

AUTHORIZA-

22 Air Force shall conduct a business case analysis on the es23 tablishment of an active or classic association with the
24 168th Air Refueling Wing.

† HR 2810 PAP

563
1

(b) ELEMENTS.—The business case analysis conducted

2 under subsection (a) shall address the following:
3

(1) Consideration of the addition of two F–35A

4

squadrons at Eielson Air Force Base, Alaska, in

5

2020, and an examination of future shortfalls in air

6

refueling requirements due to such additional air-

7

craft.

8

(2) An analysis of potential benefits of adding

9

four primary aircraft authorizations (PAA) for KC–

10

135R tanker aircraft to the 168th Air Refueling

11

Wing.

12

(3) Identification of efficiencies and cost savings

13

to be achieved by the 168th Air Refueling Wing after

14

an active or classic association is in place in com-

15

parison with temporarily assigned tanker augmenta-

16

tion rotations.

17

(4) A detailed comparison of the costs and bene-

18

fits of an active association for the 168th Air Refuel-

19

ing Wing with a classic association for the Wing.

20

(5) An analysis of the effects of the augmented

21

airlift capability arising from additional tanker as-

22

sets for the 168th Air Refueling Wing in better facili-

23

tating rapid deployment of 5th Generation Fighters,

24

necessary support equipment and personnel, and

25

other rapid response forces.

† HR 2810 PAP

564
1

(c) REPORT.—Not later than 90 days after the date

2 of the enactment of this Act, the Secretary shall submit to
3 Congress a report on the business case analysis conducted
4 under subsection (a).
5

SEC. 1074. REPORT ON NAVY CAPACITY TO INCREASE PRO-

6

DUCTION OF ANTI-SUBMARINE WARFARE AND

7

SEARCH AND RESCUE ROTARY WING AIR-

8

CRAFT IN LIGHT OF INCREASE IN THE SIZE

9

OF THE SURFACE FLEET TO 355 SHIPS.

10

Not later than September 15, 2017, the Secretary of

11 the Navy shall submit to the congressional defense commit12 tees a report describing and assessing the capacity of the
13 Navy, in light of an increase in the size of the surface fleet
14 of the Navy to 355 ships, to increase production of the fol15 lowing:
16
17
18

(1) Anti-submarine warfare rotary wing aircraft.
(2) Search and rescue rotary wing aircraft.

19

Subtitle G—Other Matters

20

SEC. 1081. PROTECTION AGAINST MISUSE OF NAVAL SPE-

21
22

CIAL WARFARE COMMAND INSIGNIA.

(a) IN GENERAL.—Chapter 663 of title 10, United

23 States Code, is amended by adding at the end the following
24 new section:

† HR 2810 PAP

565
1 ‘‘§ 7882. Protection against misuse of insignia of
2
3

Naval Special Warfare Command

‘‘(a) PROTECTION AGAINST MISUSE.—Subject to sub-

4 section (b), no person may use any covered Naval Special
5 Warfare insignia in connection with any promotion, good,
6 service, or other commercial activity when a particular use
7 would be likely to suggest a false affiliation, connection, or
8 association with, endorsement by, or approval of, the
9 United States Government, the Department of Defense, or
10 the Department of the Navy.
11

‘‘(b) EXCEPTION.—Subsection (a) shall not apply to

12 the use of a covered Naval Special Warfare insignia for pur13 poses such as criticism, comment, news reporting, analysis,
14 research, or scholarship.
15

‘‘(c) TREATMENT

OF

DISCLAIMERS.—Any determina-

16 tion of whether a person has violated this section shall be
17 made without regard to any use of a disclaimer of affili18 ation, connection, or association with, endorsement by, or
19 approval of the United States Government, the Department
20 of Defense, the Department of the Navy, or any subordinate
21 organization thereof to the extent consistent with inter22 national obligations of the United States.
23

‘‘(d) ENFORCEMENT.—Whenever it appears to the At-

24 torney General that any person is engaged in, or is about
25 to engage in, an act or practice that constitutes or will con26 stitute conduct prohibited by this section, the Attorney Gen† HR 2810 PAP

566
1 eral may initiate a civil proceeding in a district court of
2 the United States to enjoin such act or practice, and such
3 court may take such injunctive or other action as is war4 ranted to prevent the act, practice, or conduct.
5

‘‘(e) RULE

OF

CONSTRUCTION.—Nothing in this sec-

6 tion shall be construed to limit the authority of the Sec7 retary of the Navy to register any symbol, name, phrase,
8 term, acronym, or abbreviation otherwise capable of reg9 istration under the provisions of the Act of July 5, 1946,
10 popularly known as the Lanham Act or the Trademark Act
11 of 1946 (15 U.S.C. 1051 et seq.).
12

‘‘(f) COVERED NAVAL SPECIAL WARFARE INSIGNIA

13 DEFINED.—In this section, the term ‘covered Naval Special
14 Warfare insignia’ means any of the following:
15

‘‘(1) The Naval Special Warfare insignia com-

16

prising or consisting of the design of an eagle holding

17

an anchor, trident, and flint-lock pistol.

18

‘‘(2) The Special Warfare Combatant Craft

19

Crewman insignia comprising or consisting of the de-

20

sign of the bow and superstructure of a Special Oper-

21

ations Craft on a crossed flint-lock pistol and enlisted

22

cutlass, on a background of ocean swells.

23

‘‘(3) Any colorable imitation of the insignia re-

24

ferred to in paragraphs (1) and (2), in a manner

25

which could reasonably be interpreted or construed as

† HR 2810 PAP

567
1

conveying the false impression that an advertisement,

2

solicitation, business activity, or product is in any

3

manner approved, endorsed, sponsored, or authorized

4

by, or associated with, the United States Government,

5

the Department of Defense, or the Department of the

6

Navy.’’.

7

(b) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of chapter 663 of such title is amended by
9 adding at the end the following new item:
‘‘7882. Protection against misuse of insignia of Naval Special Warfare Command.’’.

10

SEC.

1082.

COLLABORATIONS

BETWEEN

THE

ARMED

11

FORCES AND CERTAIN NON-FEDERAL ENTI-

12

TIES ON SUPPORT OF ARMED FORCES MIS-

13

SIONS ABROAD.

14

(a) FINDING.—The Senate finds that qualified non-

15 Federal entities have contributed to enhance the effectiveness
16 of the mission of the Department of Defense through the pro17 vision of private humanitarian, economic, and other non18 lethal assistance from United States citizens in response to
19 local needs identified by members of the Armed Forces in
20 areas in which the Armed Forces are deployed abroad.
21

(b) SENSE

OF

SENATE.—It is the sense of the Senate

22 that United States military commanders should collaborate
23 with and, consistent with applicable laws and regulations,
24 provide transportation, lodging, and other logistical sup† HR 2810 PAP

568
1 port to qualified non-Federal entities to advance missions
2 of the Armed Forces abroad.
3
4

(c) GUIDANCE ON COLLABORATIONS.—
(1) REVIEW

OF CURRENT GUIDANCE.—Not

later

5

than 120 days after the date of the enactment of this

6

Act, the Secretary of Defense shall conduct a review

7

of the guidance of the Department of Defense applica-

8

ble to collaborations between United States military

9

commanders and qualified non-Federal entities for

10
11

support of missions of the Armed Forces abroad.
(2) ADDITIONAL

GUIDANCE.—If

the Secretary de-

12

termines pursuant to the review that additional guid-

13

ance is required in connection with collaborations de-

14

scribed in paragraph (1), the Secretary shall, not

15

later than 180 days after the date of the enactment

16

of this Act, issue such additional guidance as the Sec-

17

retary considers appropriate in light of the review,

18

consistent with applicable law.

19

(3) BRIEFING.—Not later than 150 days after

20

the date of the enactment of this Act, the Secretary

21

shall provide to the Committees on Armed Services of

22

the Senate and the House of Representatives a brief-

23

ing on the findings of the review, including rec-

24

ommendations for such legislative action as the Sec-

25

retary considers appropriate to facilitate collabora-

† HR 2810 PAP

569
1

tion between United States military commanders and

2

qualified non-Federal entities for support of missions

3

of the Armed Forces abroad.

4

(d) QUALIFIED NON-FEDERAL ENTITY DEFINED.—In

5 this section, the term ‘‘qualified non-Federal entity’’ means
6 an organization that—
7

(1) is based in the United States;

8

(2) has an independent board of directors and is

9

subject to independent financial audits;

10

(3) is privately-funded;

11

(4) is described in section 501(c)(3) of the Inter-

12

nal Revenue Code of 1986 and is exempt from tax-

13

ation under section 501(a) of such Code;

14
15

(5) provides international humanitarian, economic, or other non-lethal assistance;

16

(6) is a Private Voluntary Organization reg-

17

istered with the United States Agency for Inter-

18

national Development; and

19

(7) has a stated mission of supporting the safety

20

and security of members of the Armed Forces, civilian

21

personnel of the United States, and United States

22

missions abroad.

23
24

SEC. 1083. FEDERAL CHARTER FOR SPIRIT OF AMERICA.

(a) FEDERAL CHARTER.—

† HR 2810 PAP

570
1

(1) IN

GENERAL.—Part

B of subtitle II of title

2

36, United States Code, is amended by inserting after

3

chapter 2003 the following new chapter:

4

‘‘CHAPTER 2005—SPIRIT OF AMERICA
‘‘Sec.
‘‘200501.
‘‘200502.
‘‘200503.
‘‘200504.
‘‘200505.

Organization.
Purposes.
Powers.
Duty to maintain tax-exempt status.
Annual report.

5 ‘‘§ 200501. Organization
6

‘‘(a) FEDERAL CHARTER.—Spirit of America (in this

7 chapter ‘the corporation’), a nonprofit corporation, is a fed8 erally chartered corporation.
9

‘‘(b) EXPIRATION

OF

CHARTER.—If the corporation

10 does not comply with the provisions of this chapter, the
11 charter granted by this chapter expires.
12

‘‘(c) SCOPE

OF

CHARTER.—Nothing in the charter

13 granted by this chapter shall be construed as conferring spe14 cial rights or privileges upon the corporation, or as placing
15 upon the Department of Defense any obligation with respect
16 to the corporation.
17
18

‘‘(d) NO CLAIM
THORITY.—The

OF

GOVERNMENTAL APPROVAL

OR

AU -

corporation may not claim approval of

19 Congress, or the authority of the United States, for any ac20 tivity of the corporation.

† HR 2810 PAP

571
1 ‘‘§ 200502. Purposes
2

‘‘The purposes of the corporation are as provided in

3 its constitution and bylaws and include the following patri4 otic, charitable, and inspirational purposes:
5

‘‘(1) To respond to the needs of local populations

6

abroad, as identified by members of the Armed Forces

7

and diplomats of the United States abroad.

8

‘‘(2) To provide privately-funded humanitarian,

9

economic, and other nonlethal assistance to address

10

such needs.

11

‘‘(3) To support the safety and success of mem-

12

bers of the Armed Forces and diplomats of the United

13

States abroad.

14

‘‘(4) To connect the people of the United States

15

more closely to the members of the Armed Forces and

16

diplomats of the United States abroad, and to the

17

missions carried out by such personnel abroad.

18
19

‘‘(5) To demonstrate the goodwill of the people of
the United States to peoples around the world.

20 ‘‘§ 200503. Powers
21

‘‘The corporation may—

22

‘‘(1) adopt and amend a constitution, by-laws,

23

and regulations to carry out the purposes of the cor-

24

poration;

25

‘‘(2) adopt and alter a corporate seal;

† HR 2810 PAP

572
1
2

‘‘(3) establish and maintain offices to conduct its
activities;

3

‘‘(4) enter into contracts;

4

‘‘(5) acquire, own, lease, encumber, and transfer

5

property as necessary and appropriate to carry out

6

the purposes of the corporation;

7

‘‘(6) establish, regulate, and discontinue subordi-

8

nate State and territorial subdivisions and local

9

chapters or posts;

10
11

‘‘(7) publish a magazine and other publications
(including through the Internet);

12

‘‘(8) sue and be sued; and

13

‘‘(9) do any other act necessary and proper to

14

carry out the purposes of the corporation as provided

15

in its constitution, by-laws, and regulations.

16 ‘‘§ 200504. Duty to maintain tax-exempt status
17

‘‘The corporation shall maintain its status as an orga-

18 nization exempt from taxation under the Internal Revenue
19 Code of 1986.
20 ‘‘§ 200505. Annual report
21

‘‘The corporation shall submit an annual report to

22 Congress on the activities of the corporation during the
23 prior fiscal year. The report shall be submitted as the same
24 time as the report of the audit required by section 10101

† HR 2810 PAP

573
1 of this title. The report may not be printed as public docu2 ment.’’.
3

(2) TABLES

OF CHAPTERS.—The

table of chap-

4

ters at the beginning of title 36, United States Code,

5

and at the beginning of subtitle II of such title, are

6

each amended by inserting after the item relating to

7

chapter 2003 the following new item:
‘‘2005. Spirit of America ......................................................................
200501.’’.

8

(b) DISTRIBUTION

OF

CORPORATION ASSISTANCE

9 ABROAD THROUGH DEPARTMENT OF DEFENSE.—
10

(1) ACCEPTANCE

AND COORDINATION OF ASSIST-

11

ANCE.—The

12

bers of the Armed Forces) may, in the discretion of

13

the Secretary of Defense and in accordance with guid-

14

ance issued by the Secretary—

Department of Defense (including mem-

15

(A) accept from Spirit of America, a feder-

16

ally-chartered corporation under chapter 2005 of

17

title 36, United States Code (as added by sub-

18

section (a)), humanitarian, economic, and other

19

nonlethal assistance funded by private funds in

20

the carrying out of the purposes of the corpora-

21

tion; and

22

(B) respond to requests from the corporation

23

for the identification of the needs of local popu-

24

lations abroad for assistance, and coordinate

25

with the corporation in the provision and dis† HR 2810 PAP

574
1

tribution of such assistance, in the carrying out

2

of such purposes.

3

(2) DISTRIBUTION

OF ASSISTANCE TO LOCAL

4

POPULATIONS.—In

5

by the Secretary, members of the Armed Forces

6

abroad may provide to local populations abroad hu-

7

manitarian, economic, and other nonlethal assistance

8

provided to the Department by the corporation pursu-

9

ant to this subsection.

10

(3) SCOPE

accordance with guidance issued

OF GUIDANCE.—The

guidance issued

11

pursuant to this subsection shall ensure that any as-

12

sistance distributed pursuant to this subsection shall

13

be for purposes of supporting the mission or missions

14

of the Department and the Armed Forces for which

15

such assistance is provided by the corporation.

16

(4) DOD

SUPPORT FOR CORPORATION ACTIVI-

17

TIES.—In

18

Secretary, the Department and the Armed Forces

19

may—

20
21

accordance with guidance issued by the

(A) provide transportation, lodging, storage,
and other logistical support—

22

(i) to personnel of the corporation

23

(whether in the United States or abroad)

24

who are carrying out the purposes of the

25

corporation; and

† HR 2810 PAP

575
1

(ii) in connection with the acceptance

2

and distribution of assistance provided by

3

the corporation; and

4

(B) use assets of the Department and the

5

Armed Forces in the provision of support de-

6

scribed in subparagraph (A).

7

SEC. 1084. RECONSIDERATION OF CLAIMS FOR DISABILITY

8

COMPENSATION FOR VETERANS WHO WERE

9

THE SUBJECTS OF MUSTARD GAS OR LEW-

10
11

ISITE EXPERIMENTS DURING WORLD WAR II.

(a) RECONSIDERATION

12 COMPENSATION
13
14

TARD

IN

OF

CLAIMS

FOR

DISABILITY

CONNECTION WITH EXPOSURE

TO

MUS-

GAS OR LEWISITE.—
(1) IN

GENERAL.—The

Secretary of Veterans Af-

15

fairs, in consultation with the Secretary of Defense,

16

shall reconsider all claims for compensation described

17

in paragraph (2) and make a new determination re-

18

garding each such claim.

19

(2) CLAIMS

FOR COMPENSATION DESCRIBED.—

20

Claims for compensation described in this paragraph

21

are claims for compensation under chapter 11 of title

22

38, United States Code, that the Secretary of Veterans

23

Affairs determines are in connection with full-body

24

exposure to mustard gas or lewisite during active

25

military, naval, or air service during World War II

† HR 2810 PAP

576
1

and that were denied before the date of the enactment

2

of this Act.

3

(3) PRESUMPTION

OF EXPOSURE.—In

carrying

4

out paragraph (1), if the Secretary of Veterans Af-

5

fairs or the Secretary of Defense makes a determina-

6

tion regarding whether a veteran experienced full-

7

body exposure to mustard gas or lewisite, such Sec-

8

retary—

9

(A) shall presume that the veteran experi-

10

enced full-body exposure to mustard gas or lew-

11

isite, as the case may be, unless proven other-

12

wise; and

13

(B) may not use information contained in

14

the DoD and VA Chemical Biological Warfare

15

Database or any list of known testing sites for

16

mustard gas or lewisite maintained by the De-

17

partment of Veterans Affairs or the Department

18

of Defense as the sole reason for determining that

19

the veteran did not experience full-body exposure

20

to mustard gas or lewisite.

21

(4) REPORT.—Not later than 90 days after the

22

date of the enactment of this Act, and not less fre-

23

quently than once every 90 days thereafter, the Sec-

24

retary of Veterans Affairs shall submit to the appro-

25

priate committees of Congress a report specifying any

† HR 2810 PAP

577
1

claims reconsidered under paragraph (1) that were

2

denied during the 90-day period preceding the sub-

3

mittal of the report, including the rationale for each

4

such denial.

5

(b) DEVELOPMENT

OF

POLICY.—Not later than one

6 year after the date of the enactment of this Act, the Sec7 retary of Veterans Affairs and the Secretary of Defense shall
8 jointly establish a policy for processing future claims for
9 compensation under chapter 11 of title 38, United States
10 Code, that the Secretary of Veterans Affairs determines are
11 in connection with exposure to mustard gas or lewisite dur12 ing active military, naval, or air service during World War
13 II.
14

(c) INVESTIGATION

AND

REPORT

BY

SECRETARY

OF

15 DEFENSE.—Not later than 180 days after the date of the
16 enactment of this Act, the Secretary of Defense shall—
17

(1) for purposes of determining whether a site

18

should be added to the list of the Department of De-

19

fense of sites where mustard gas or lewisite testing oc-

20

curred, investigate and assess sites where—

21

(A) the Army Corps of Engineers has un-

22

covered evidence of mustard gas or lewisite test-

23

ing; or

24

(B) more than two veterans have submitted

25

claims for compensation under chapter 11 of title

† HR 2810 PAP

578
1

38, United States Code, in connection with expo-

2

sure to mustard gas or lewisite at such site and

3

such claims were denied; and

4

(2) submit to the appropriate committees of Con-

5

gress a report on experiments conducted by the De-

6

partment of Defense during World War II to assess

7

the effects of mustard gas and lewisite on people,

8

which shall include—

9

(A) a list of each location where such an ex-

10

periment occurred, including locations inves-

11

tigated and assessed under paragraph (1);

12

(B) the dates of each such experiment; and

13

(C) the number of members of the Armed

14

Forces who were exposed to mustard gas or lew-

15

isite in each such experiment.

16

(d) INVESTIGATION

AND

REPORT

BY

SECRETARY

OF

17 VETERANS AFFAIRS.—Not later than 180 days after the
18 date of the enactment of this Act, the Secretary of Veterans
19 Affairs shall—
20

(1) investigate and assess—

21

(A) the actions taken by the Secretary to

22

reach out to individuals who had been exposed to

23

mustard gas or lewisite in the experiments de-

24

scribed in subsection (c)(2)(A); and

† HR 2810 PAP

579
1

(B) the claims for disability compensation

2

under laws administered by the Secretary that

3

were filed with the Secretary and the percentage

4

of such claims that were denied by the Secretary;

5

and

6

(2) submit to the appropriate committees of Con-

7

gress—

8

(A) a report on the findings of the Secretary

9

with respect to the investigations and assess-

10

ments carried out under paragraph (1); and

11

(B) a comprehensive list of each location

12

where an experiment described in subsection

13

(c)(2)(A) was conducted.

14

(e) DEFINITIONS.—In this section:

15

(1) The terms ‘‘active military, naval, or air

16

service’’, ‘‘veteran’’, and ‘‘World War II’’ have the

17

meanings given such terms in section 101 of title 38,

18

United States Code.

19
20

(2) The term ‘‘appropriate committees of Congress’’ means—

21

(A) the Committee on Veterans’ Affairs, the

22

Committee on Armed Services, and the Special

23

Committee on Aging of the Senate; and

† HR 2810 PAP

580
1

(B) the Committee on Veterans’ Affairs and

2

the Committee on Armed Services of the House

3

of Representatives.

4

(3) The term ‘‘full-body exposure’’, with respect

5

to mustard gas or lewisite, has the meaning given

6

that term by the Secretary of Defense.

7

SEC. 1085. PRIZE COMPETITION TO IDENTIFY ROOT CAUSE

8

OF PHYSIOLOGICAL EPISODES ON NAVY, MA-

9

RINE CORPS, AND AIR FORCE TRAINING AND

10
11

OPERATIONAL AIRCRAFT.

(a) IN GENERAL.—Under the authority of section

12 2374a of title 10, United States Code, and section 24 of
13 the Stevenson-Wydler Technology Innovation Act of 1980
14 (15 U.S.C. 3719), the Secretary of Defense, in consultation
15 with the Secretary of the Navy, the Secretary of the Air
16 Force, the Commandant of the Marine Corps, and the heads
17 of any other appropriate Federal agencies that have experi18 ence in prize competitions, and when appropriate, in co19 ordination with private organizations, may establish a
20 prize competition designed to accelerate identification of the
21 root cause or causes of physiological episodes experienced
22 in Navy, Marine Corps, and Air Force training and oper23 ational aircraft.

† HR 2810 PAP

581
1

(b) AUTHORIZATION

OF

APPROPRIATIONS.—There is

2 authorized to be appropriated $10,000,000 for fiscal year
3 2018 to carry out this section.
4

(c) SUPPLEMENT NOT SUPPLANT.—Any funds made

5 available pursuant to this section are in addition to any
6 other amount made available for research on identification
7 of root cause or causes of physiological episodes experienced
8 in Navy, Marine Corps, and Air Force training and oper9 ational aircraft.
10

SEC. 1086. EXCEPTION TO THE INTERDEPARTMENTAL WAIV-

11

ER DOCTRINE FOR CLEANUP OF VEHICLE

12

CRASHES.

13

(a) RESPONSIBILITY FOR CLEANUP.—Notwithstanding

14 the interdepartmental waiver doctrine, the Secretary of De15 fense may, at the request of the affected Federal department
16 or agency, expend funds necessary for cleanup resulting
17 from an activity of the Department of Defense involving
18 a vehicle crash on land or other property under the jurisdic19 tion of another Federal department or agency.
20

(b) SCOPE.—The authority under subsection (a) in-

21 cludes expenditures necessary to complete cleanup to meet
22 the regulations of the affected department or agency, which
23 may be different than the regulations applicable to the De24 partment.

† HR 2810 PAP

582
1

SEC. 1087. TRANSFER OF SURPLUS FIREARMS TO CORPORA-

2

TION FOR THE PROMOTION OF RIFLE PRAC-

3

TICE AND FIREARMS SAFETY.

4

(a) IN GENERAL.—Section 40728(h) of title 36, United

5 States Code, is amended—
6

(1) by striking ‘‘(1) Subject to paragraph (2),

7

the Secretary may transfer’’ and inserting ‘‘The Sec-

8

retary shall transfer’’; and

9

(2) by striking ‘‘The Secretary shall determine a

10

reasonable schedule for the transfer of such surplus

11

pistols.’’.

12

(b) SALE OF M1911/M1911A1 PISTOLS.—

13

(1) SALE.—Any M1911/M1911A1 pistols sold

14

under the Civilian Marksmanship Program under

15

subchapter II of chapter 407 of title 36, United States

16

Code, shall be sold at fair market value.

17

(2) DISPOSITION

OF PROCEEDS.—Any

proceeds

18

of the sale of M1911/M1911A1 pistols pursuant to

19

paragraph (1), less transfer and storage costs, shall be

20

covered over into the Treasury as miscellaneous re-

21

ceipts.

22

SEC. 1088. PREVENTION OF CERTAIN HEALTH CARE PRO-

23

VIDERS FROM PROVIDING NON-DEPARTMENT

24

HEALTH CARE SERVICES TO VETERANS.

25

(a) IN GENERAL.—On and after the date that is one

26 year after the date of the enactment of this Act, the Sec† HR 2810 PAP

583
1 retary of Veterans Affairs shall deny or revoke the eligibility
2 of a health care provider to provide non-Department health
3 care services to veterans if the Secretary determines that
4 the health care provider—
5

(1) was removed from employment with the De-

6

partment of Veterans Affairs due to conduct that vio-

7

lated a policy of the Department relating to the deliv-

8

ery of safe and appropriate health care;

9
10

(2) violated the requirements of a medical license
of the health care provider;

11

(3) had a Department credential revoked and the

12

grounds for such revocation impacts the ability of the

13

health care provider to deliver safe and appropriate

14

health care; or

15

(4) violated a law for which a term of imprison-

16

ment of more than one year may be imposed.

17

(b) PERMISSIVE ACTION.—On and after the date that

18 is one year after the date of the enactment of this Act, the
19 Secretary may deny, revoke, or suspend the eligibility of
20 a health care provider to provide non-Department health
21 care services if the Secretary has reasonable belief that such
22 action is necessary to immediately protect the health, safety,
23 or welfare of veterans and—

† HR 2810 PAP

584
1

(1) the health care provider is under investiga-

2

tion by the medical licensing board of a State in

3

which the health care provider is licensed or practices;

4

(2) the health care provider has entered into a

5

settlement agreement for a disciplinary charge relat-

6

ing to the practice of medicine by the health care pro-

7

vider; or

8
9
10

(3) the Secretary otherwise determines that such
action is appropriate under the circumstances.
(c) SUSPENSION.—The Secretary shall suspend the eli-

11 gibility of a health care provider to provide non-Depart12 ment health care services to veterans if the health care pro13 vider is suspended from serving as a health care provider
14 of the Department.
15
16

(d) INITIAL REVIEW
MENT.—Not

OF

DEPARTMENT EMPLOY-

later than one year after the date of the enact-

17 ment of this Act, with respect to each health care provider
18 providing non-Department health care services, the Sec19 retary shall review the status of each such health care pro20 vider as an employee of the Department and the history
21 of employment of each such health care provider with the
22 Department to determine whether the health care provider
23 is described in any of subsections (a) through (c).
24

(e) COMPTROLLER GENERAL REPORT.—Not later than

25 two years after the date of the enactment of this Act, the

† HR 2810 PAP

585
1 Comptroller General of the United States shall submit to
2 Congress a report on the implementation by the Secretary
3 of this section, including the following:
4

(1) The aggregate number of health care pro-

5

viders denied or suspended under this section from

6

participation in providing non-Department health

7

care services.

8

(2) An evaluation of any impact on access to

9

health care for patients or staffing shortages in pro-

10

grams of the Department providing non-Department

11

health care services.

12

(3) An explanation of the coordination of the De-

13

partment with the medical licensing boards of States

14

in implementing this section, the amount of involve-

15

ment of such boards in such implementation, and ef-

16

forts by the Department to address any concerns

17

raised by such boards with respect to such implemen-

18

tation.

19

(4) Such recommendations as the Comptroller

20

General considers appropriate regarding harmonizing

21

eligibility criteria between health care providers of the

22

Department and health care providers eligible to pro-

23

vide non-Department health care services.

† HR 2810 PAP

586
1
2

(f) NON-DEPARTMENT HEALTH CARE SERVICES DEFINED.—In

this section, the term ‘‘non-Department health

3 care services’’ means services—
4

(1) provided under subchapter I of chapter 17 of

5

title 38, United States Code, at non-Department fa-

6

cilities (as defined in section 1701 of such title);

7

(2) provided under section 101 of the Veterans

8

Access, Choice, and Accountability Act of 2014 (Pub-

9

lic Law 113–146; 38 U.S.C. 1701 note);

10
11

(3) purchased through the Medical Community
Care account of the Department; or

12

(4) purchased with amounts deposited in the Vet-

13

erans Choice Fund under section 802 of the Veterans

14

Access, Choice, and Accountability Act of 2014.

15

SEC. 1089. DECLASSIFICATION BY DEPARTMENT OF DE-

16

FENSE OF CERTAIN INCIDENTS OF EXPOSURE

17

OF MEMBERS OF THE ARMED FORCES TO

18

TOXIC SUBSTANCES.

19

(a) IN GENERAL.—The Secretary of Defense shall de-

20 classify documents related to any known incident in which
21 not fewer than 100 members of the Armed Forces were ex22 posed to a toxic substance that resulted in at least one case
23 of a disability that a member of the medical profession has
24 determined to be associated with that toxic substance.

† HR 2810 PAP

587
1

(b) LIMITATION.—The declassification required by sub-

2 section (a) shall be limited to information necessary for an
3 individual who was potentially exposed to a toxic substance
4 to determine the following:
5
6
7
8
9

(1) Whether that individual was exposed to that
toxic substance.
(2) The potential severity of the exposure of that
individual to that toxic substance.
(3) Any potential health conditions that may

10

have resulted from exposure to that toxic substance.

11

(c) EXCEPTION.—The Secretary of Defense is not re-

12 quired to declassify documents under subsection (a) if the
13 Secretary determines that declassification of those docu14 ments would materially and immediately threaten the secu15 rity of the United States.
16
17

(d) DEFINITIONS.—In this section:
(1) ARMED

FORCES.—The

term ‘‘Armed Forces’’

18

has the meaning given that term in section 101 of

19

title 10, United States Code.

20

(2) EXPOSED.—The term ‘‘exposed’’ means, with

21

respect to a toxic substance, that an individual came

22

into contact with that toxic substance in a manner

23

that could be hazardous to the health of that indi-

24

vidual, that may include if that toxic substance was

25

inhaled, ingested, or touched the skin or eyes.

† HR 2810 PAP

588
1

(3) EXPOSURE.—The term ‘‘exposure’’ means,

2

with respect to a toxic substance, an event during

3

which an individual was exposed to that toxic sub-

4

stance.

5

(4) TOXIC

SUBSTANCE.—The

term ‘‘toxic sub-

6

stance’’ means any substance determined by the Ad-

7

ministrator of the Environmental Protection Agency

8

to be harmful to the environment or hazardous to the

9

health of an individual if inhaled or ingested by or

10
11
12

absorbed through the skin of that individual.
SEC. 1089A. CARRIAGE OF CERTAIN PROGRAMMING.

(a) DEFINITIONS.—In this section—

13

(1) the term ‘‘local commercial television sta-

14

tion’’ has the meaning given the term in section

15

614(h) of the Communications Act of 1934 (47 U.S.C.

16

534(h));

17

(2) the term ‘‘multichannel video programming

18

distributor’’ has the meaning given the term in sec-

19

tion 602 of the Communications Act of 1934 (47

20

U.S.C. 522);

21

(3) the term ‘‘qualified noncommercial edu-

22

cational television station’’ has the meaning given the

23

term in section 615(l) of the Communications Act of

24

1934 (47 U.S.C. 535(l));

† HR 2810 PAP

589
1

(4) the term ‘‘retransmission consent’’ means the

2

authority granted to a multichannel video program-

3

ming distributor under section 325(b) of the Commu-

4

nications Act of 1934 (47 U.S.C. 325(b)) to re-

5

transmit the signal of a television broadcast station;

6

and

7

(5) the term ‘‘television broadcast station’’ has

8

the meaning given the term in section 76.66(a) of title

9

47, Code of Federal Regulations.

10

(b) CARRIAGE

OF

CERTAIN CONTENT.—Notwith-

11 standing any other provision of law, a multichannel video
12 programming distributor may not be directly or indirectly
13 required, including as a condition of obtaining retrans14 mission consent, to—
15

(1) carry non-incidental video content from a

16

local commercial television station, qualified non-

17

commercial educational television station, or tele-

18

vision broadcast station to the extent that such con-

19

tent is owned, controlled, or financed (in whole or in

20

part) by the Government of the Russian Federation;

21

or

22

(2) lease, or otherwise make available, channel

23

capacity to any person for the provision of video pro-

24

gramming that is owned, controlled, or financed (in

† HR 2810 PAP

590
1

whole or in part) by the Government of the Russian

2

Federation.

3

(c) RULE

OF

CONSTRUCTION.—Nothing in this section

4 may be construed as applying to the editorial use by a local
5 commercial television station, qualified noncommercial edu6 cational television station, or television broadcast station
7 of programming that is owned, controlled, or financed (in
8 whole or in part) by the Government of the Russian Federa9 tion.
10
11
12
13

Subtitle H—Modernizing
Government Technology
SEC. 1091. SHORT TITLE.

This subtitle may be cited as the ‘‘Modernizing Gov-

14 ernment Technology Act of 2017’’ or the ‘‘MGT Act’’.
15

SEC. 1092. DEFINITIONS.

16

In this subtitle:

17

(1)

ADMINISTRATOR.—The

term

‘‘Adminis-

18

trator’’ means the Administrator of General Services.

19

(2) BOARD.—The term ‘‘Board’’ means the Tech-

20

nology Modernization Board established under section

21

1094(c)(1).

22

(3) CLOUD

COMPUTING.—The

term ‘‘cloud com-

23

puting’’ has the meaning given the term by the Na-

24

tional Institute of Standards and Technology in

† HR 2810 PAP

591
1

NIST Special Publication 800–145 and any amend-

2

atory or superseding document thereto.

3
4

(4) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Office of Management and Budget.

5

(5) FUND.—The term ‘‘Fund’’ means the Tech-

6

nology Modernization Fund established under section

7

1094(b)(1).

8
9
10
11

(6) INFORMATION

TECHNOLOGY.—The

term ‘‘in-

formation technology’’ has the meaning given the term
in section 3502 of title 44, United States Code.
(7) IT

WORKING CAPITAL FUND.—The

term ‘‘IT

12

working capital fund’’ means an information tech-

13

nology system modernization and working capital

14

fund established under section 1093(b)(1).

15

(8) LEGACY

INFORMATION

TECHNOLOGY

SYS-

16

TEM.—The

17

tem’’ means an outdated or obsolete system of infor-

18

mation technology.

19

term ‘‘legacy information technology sys-

SEC. 1093. ESTABLISHMENT OF AGENCY INFORMATION

20

TECHNOLOGY

21

AND WORKING CAPITAL FUNDS.

22

SYSTEMS

MODERNIZATION

(a) DEFINITION.—In this section, the term ‘‘covered

23 agency’’ means each agency listed in section 901(b) of title
24 31, United States Code.

† HR 2810 PAP

592
1
2

(b) INFORMATION TECHNOLOGY SYSTEM MODERNIZATION AND

WORKING CAPITAL FUNDS.—

3

(1) ESTABLISHMENT.—The head of a covered

4

agency may establish within the covered agency an

5

information technology system modernization and

6

working capital fund for necessary expenses described

7

in paragraph (3).

8
9

(2) SOURCE

OF FUNDS.—The

following amounts

may be deposited into an IT working capital fund:

10

(A) Reprogramming and transfer of funds

11

made available in appropriations Acts enacted

12

after the date of enactment of this Act, including

13

the transfer of any funds for the operation and

14

maintenance of legacy information technology

15

systems, in compliance with any applicable re-

16

programming law or guidelines of the Commit-

17

tees on Appropriations of the Senate and the

18

House of Representatives or transfer authority

19

specifically provided in appropriations law.

20

(B) Amounts made available to the IT

21

working capital fund through discretionary ap-

22

propriations made available after the date of en-

23

actment of this Act.

† HR 2810 PAP

593
1

(3) USE

OF FUNDS.—An

IT working capital

2

fund established under paragraph (1) may only be

3

used—

4

(A) to improve, retire, or replace existing

5

information technology systems in the covered

6

agency to enhance cybersecurity and to improve

7

efficiency and effectiveness across the life of a

8

given workload, procured using full and open

9

competition among all commercial items to the

10

greatest extent practicable;

11

(B) to transition legacy information tech-

12

nology systems at the covered agency to commer-

13

cial cloud computing and other innovative com-

14

mercial platforms and technologies, including

15

those serving more than 1 covered agency with

16

common requirements;

17

(C) to assist and support covered agency ef-

18

forts to provide adequate, risk-based, and cost-ef-

19

fective information technology capabilities that

20

address evolving threats to information security;

21

(D) to reimburse funds transferred to the

22

covered agency from the Fund with the approval

23

of the Chief Information Officer, in consultation

24

with the Chief Financial Officer, of the covered

25

agency; and

† HR 2810 PAP

594
1

(E) for a program, project, or activity or to

2

increase funds for any program, project, or ac-

3

tivity that has not been denied or restricted by

4

Congress.

5

(4) EXISTING

FUNDS.—An

IT working capital

6

fund may not be used to supplant funds provided for

7

the operation and maintenance of any system within

8

an appropriation for the covered agency at the time

9

of establishment of the IT working capital fund.

10
11

(5) PRIORITIZATION

OF FUNDS.—The

head of

each covered agency—

12

(A) shall prioritize funds within the IT

13

working capital fund of the covered agency to be

14

used initially for cost savings activities approved

15

by the Chief Information Officer of the covered

16

agency; and

17

(B) may reprogram and transfer any

18

amounts saved as a direct result of the cost sav-

19

ings activities approved under clause (i) for de-

20

posit into the IT working capital fund of the cov-

21

ered agency, consistent with paragraph (2)(A).

22

(6) AVAILABILITY

23

(A) IN

OF FUNDS.—

GENERAL.—Any

funds deposited into

24

an IT working capital fund shall be available for

25

obligation for the 3-year period beginning on the

† HR 2810 PAP

595
1

last day of the fiscal year in which the funds

2

were deposited.

3

(B)

TRANSFER

OF

UNOBLIGATED

4

AMOUNTS.—Any

5

ital fund that are unobligated at the end of the

6

3-year period described in subparagraph (A)

7

shall be transferred to the general fund of the

8

Treasury.

9

(7) AGENCY

amounts in an IT working cap-

CIO RESPONSIBILITIES.—In

evalu-

10

ating projects to be funded by the IT working capital

11

fund of a covered agency, the Chief Information Offi-

12

cer of the covered agency shall consider, to the extent

13

applicable, guidance issued under section 1094(b)(1)

14

to evaluate applications for funding from the Fund

15

that include factors including a strong business case,

16

technical design, consideration of commercial off-the-

17

shelf products and services, procurement strategy (in-

18

cluding adequate use of rapid, iterative software de-

19

velopment practices), and program management.

20

(c) REPORTING REQUIREMENT.—

21

(1) IN

GENERAL.—Not

later than 1 year after

22

the date of enactment of this Act, and every 6 months

23

thereafter, the head of each covered agency shall sub-

24

mit to the Director, with respect to the IT working

25

capital fund of the covered agency—

† HR 2810 PAP

596
1

(A) a list of each information technology in-

2

vestment funded, including the estimated cost

3

and completion date for each investment; and

4

(B) a summary by fiscal year of obliga-

5

tions, expenditures, and unused balances.

6

(2) PUBLIC

AVAILABILITY.—The

Director shall

7

make the information submitted under paragraph (1)

8

publicly available on a website.

9

SEC. 1094. ESTABLISHMENT OF TECHNOLOGY MODERNIZA-

10
11

TION FUND AND BOARD.

(a) DEFINITION.—In this section, the term ‘‘agency’’

12 has the meaning given the term in section 551 of title 5,
13 United States Code.
14

(b) TECHNOLOGY MODERNIZATION FUND.—

15

(1) ESTABLISHMENT.—There is established in

16

the Treasury a Technology Modernization Fund for

17

technology-related activities, to improve information

18

technology, to enhance cybersecurity across the Fed-

19

eral Government, and to be administered in accord-

20

ance with guidance issued by the Director.

21

(2) ADMINISTRATION

OF FUND.—The

Adminis-

22

trator, in consultation with the Chief Information Of-

23

ficers Council and with the approval of the Director,

24

shall administer the Fund in accordance with this

25

subsection.

† HR 2810 PAP

597
1

(3) USE

OF FUNDS.—The

Administrator shall,

2

in accordance with recommendations from the Board,

3

use amounts in the Fund—

4

(A) to transfer such amounts, to remain

5

available until expended, to the head of an agen-

6

cy for the acquisition of products and services, or

7

the development of such products and services

8

when more efficient and cost effective, to im-

9

prove, retire, or replace existing Federal infor-

10

mation technology systems to enhance cybersecu-

11

rity and privacy and improve long-term effi-

12

ciency and effectiveness;

13

(B) to transfer such amounts, to remain

14

available until expended, to the head of an agen-

15

cy for the operation and procurement of infor-

16

mation technology products and services, or the

17

development of such products and services when

18

more efficient and cost effective, and acquisition

19

vehicles for use by agencies to improve Govern-

20

mentwide efficiency and cybersecurity in accord-

21

ance with the requirements of the agencies;

22
23

(C) to provide services or work performed in
support of—

24

(i) the activities described in subpara-

25

graph (A) or (B); and

† HR 2810 PAP

598
1

(ii) the Board and the Director in car-

2

rying out the responsibilities described in

3

subsection (c)(2); and

4

(D) to fund only programs, projects, or ac-

5

tivities or to fund increases for any programs,

6

projects, or activities that have not been denied

7

or restricted by Congress.

8

(4) AUTHORIZATION

9

OF APPROPRIATIONS; CRED-

ITS; AVAILABILITY OF FUNDS.—

10

(A)

AUTHORIZATION

OF

APPROPRIA-

11

TIONS.—There

12

to the Fund $250,000,000 for each of fiscal years

13

2018 and 2019.

is authorized to be appropriated

14

(B) CREDITS.—In addition to any funds

15

otherwise appropriated, the Fund shall be cred-

16

ited with all reimbursements, advances, or re-

17

funds or recoveries relating to information tech-

18

nology or services provided for the purposes de-

19

scribed in paragraph (3).

20

(C) AVAILABILITY

OF FUNDS.—Amounts

de-

21

posited, credited, or otherwise made available to

22

the Fund shall be available until expended for

23

the purposes described in paragraph (3).

24

(5) REIMBURSEMENT.—

25

(A) REIMBURSEMENT

† HR 2810 PAP

BY AGENCY.—

599
1

(i) IN

GENERAL.—The

head of an

2

agency shall reimburse the Fund for any

3

transfer made under subparagraph (A) or

4

(B) of paragraph (3), including any serv-

5

ices or work performed in support of the

6

transfer under paragraph (3)(C), in accord-

7

ance with the terms established in a written

8

agreement described in paragraph (6).

9

(ii) REIMBURSEMENT

FROM

SUBSE-

10

QUENT APPROPRIATIONS.—Notwithstanding

11

any other provision of law, an agency may

12

make a reimbursement required under

13

clause (i) from any appropriation made

14

available after the date of enactment of this

15

Act for information technology activities,

16

consistent with any applicable reprogram-

17

ming law or guidelines of the Committees

18

on Appropriations of the Senate and the

19

House of Representatives.

20

(iii) RECORDING

OF

OBLIGATION.—

21

Notwithstanding section 1501 of title 31,

22

United States Code, an obligation to make

23

a payment under a written agreement de-

24

scribed in paragraph (6) in a fiscal year

25

after the date of enactment of this Act shall

† HR 2810 PAP

600
1

be recorded in the fiscal year in which the

2

payment is due.

3

(B) PRICES

4

(i) IN

FIXED BY ADMINISTRATOR.—
GENERAL.—The

Administrator,

5

in consultation with the Director, shall es-

6

tablish amounts to be paid by an agency

7

under this paragraph and the terms of re-

8

payment for activities funded under para-

9

graph (3), including any services or work

10

performed in support of that development

11

under paragraph (3)(C), at levels sufficient

12

to ensure the solvency of the Fund, includ-

13

ing operating expenses.

14

(ii) REVIEW

AND APPROVAL.—Before

15

making any changes to the established

16

amounts and terms of repayment, the Ad-

17

ministrator shall conduct a review and ob-

18

tain approval from the Director.

19

(C) FAILURE

TO MAKE TIMELY REIMBURSE-

20

MENT.—The

21

bursement from an agency under this paragraph

22

by the issuance of transfer and counterwarrants,

23

or other lawful transfer documents, supported by

24

itemized bills, if payment is not made by the

25

agency during the 90-day period beginning after

† HR 2810 PAP

Administrator may obtain reim-

601
1

the expiration of a repayment period described

2

in a written agreement described in paragraph

3

(6).

4

(6) WRITTEN

5

(A) IN

AGREEMENT.—
GENERAL.—Before

the transfer of

6

funds to an agency under subparagraphs (A)

7

and (B) of paragraph (3), the Administrator, in

8

consultation with the Director, and the head of

9

the agency shall enter into a written agree-

10

ment—

11

(i) documenting the purpose for which

12

the funds will be used and the terms of re-

13

payment, which may not exceed 5 years un-

14

less approved by the Director; and

15

(ii) which shall be recorded as an obli-

16

gation as provided in paragraph (5)(A).

17

(B) REQUIREMENT

FOR USE OF INCRE-

18

MENTAL FUNDING, COMMERCIAL PRODUCTS AND

19

SERVICES, AND RAPID, ITERATIVE DEVELOPMENT

20

PRACTICES.—The

Administrator shall ensure—

21

(i) for any funds transferred to an

22

agency under paragraph (3)(A), in the ab-

23

sence of compelling circumstances docu-

24

mented by the Administrator at the time of

25

transfer, that such funds shall be transferred

† HR 2810 PAP

602
1

only on an incremental basis, tied to met-

2

ric-based development milestones achieved

3

by the agency through the use of rapid,

4

iterative, development processes; and

5

(ii) that the use of commercial prod-

6

ucts and services are incorporated to the

7

greatest extent practicable in activities

8

funded under subparagraphs (A) and (B) of

9

paragraph (3), and that the written agree-

10

ment required under paragraph (6) docu-

11

ments this preference.

12

(7) REPORTING

13

(A) LIST

14

REQUIREMENTS.—

OF PROJECTS.—

(i) IN

GENERAL.—Not

later than 6

15

months after the date of enactment of this

16

Act, the Director shall maintain a list of

17

each project funded by the Fund, to be up-

18

dated not less than quarterly, that includes

19

a description of the project, project status

20

(including any schedule delay and cost

21

overruns), financial expenditure data re-

22

lated to the project, and the extent to which

23

the project is using commercial products

24

and services, including if applicable, a jus-

25

tification of why commercial products and

† HR 2810 PAP

603
1

services were not used and the associated de-

2

velopment and integration costs of custom

3

development.

4

(ii) PUBLIC

AVAILABILITY.—The

list

5

required under clause (i) shall be published

6

on a public website in a manner that is, to

7

the greatest extent possible, consistent with

8

applicable law on the protection of classified

9

information, sources, and methods.

10

(B) COMPTROLLER

GENERAL REPORTS.—

11

Not later than 2 years after the date of enact-

12

ment of this Act, and every 2 years thereafter,

13

the Comptroller General of the United States

14

shall submit to Congress and make publically

15

available a report assessing—

16

(i) the costs associated with estab-

17

lishing the Fund and maintaining the over-

18

sight structure associated with the Fund

19

compared with the cost savings associated

20

with the projects funded both annually and

21

over the life of the acquired products and

22

services by the Fund;

23

(ii) the reliability of the cost savings

24

estimated

25

projects funded by the Fund;

† HR 2810 PAP

by

agencies

associated

with

604
1

(iii) whether agencies receiving trans-

2

fers of funds from the Fund used full and

3

open competition to acquire the custom de-

4

velopment of information technology prod-

5

ucts or services; and

6

(iv) the number of IT procurement, de-

7

velopment, and modernization programs, of-

8

fices, and entities in the Federal Govern-

9

ment, including 18F and the United States

10

Digital Services, the roles, responsibilities,

11

and goals of those programs and entities,

12

and the extent to which they duplicate work.

13

(c) TECHNOLOGY MODERNIZATION BOARD.—

14

(1) ESTABLISHMENT.—There is established a

15

Technology Modernization Board to evaluate pro-

16

posals submitted by agencies for funding authorized

17

under the Fund.

18
19

(2) RESPONSIBILITIES.—The responsibilities of
the Board are—

20

(A) to provide input to the Director for the

21

development of processes for agencies to submit

22

modernization proposals to the Board and to es-

23

tablish the criteria by which those proposals are

24

evaluated, which shall include—

† HR 2810 PAP

605
1

(i) addressing the greatest security,

2

privacy, and operational risks;

3

(ii) having the greatest Government-

4

wide impact; and

5

(iii) having a high probability of suc-

6

cess based on factors including a strong

7

business case, technical design, consider-

8

ation of commercial off-the-shelf products

9

and services, procurement strategy (includ-

10

ing adequate use of rapid, agile iterative

11

software development practices), and pro-

12

gram management;

13

(B) to make recommendations to the Ad-

14

ministrator to assist agencies in the further de-

15

velopment and refinement of select submitted

16

modernization proposals, based on an initial

17

evaluation performed with the assistance of the

18

Administrator;

19

(C) to review and prioritize, with the assist-

20

ance of the Administrator and the Director, mod-

21

ernization proposals based on criteria established

22

pursuant to subparagraph (A);

23

(D) to identify, with the assistance of the

24

Administrator, opportunities to improve or re-

25

place multiple information technology systems

† HR 2810 PAP

606
1

with a smaller number of information technology

2

services common to multiple agencies;

3

(E) to recommend the funding of mod-

4

ernization projects, in accordance with the uses

5

described in subsection (b)(3), to the Adminis-

6

trator;

7

(F) to monitor, in consultation with the Ad-

8

ministrator, progress and performance in exe-

9

cuting approved projects and, if necessary, rec-

10

ommend the suspension or termination of fund-

11

ing for projects based on factors including the

12

failure to meet the terms of a written agreement

13

described in subsection (b)(6); and

14

(G) to monitor the operating costs of the

15

Fund.

16

(3) MEMBERSHIP.—The Board shall consist of 7

17

voting members.

18

(4) CHAIR.—The Chair of the Board shall be the

19

Administrator of the Office of Electronic Government.

20
21

(5) PERMANENT

permanent

members of the Board shall be—

22
23

MEMBERS.—The

(A) the Administrator of the Office of Electronic Government; and

24

(B) a senior official from the General Serv-

25

ices Administration having technical expertise in

† HR 2810 PAP

607
1

information technology development, appointed

2

by the Administrator, with the approval of the

3

Director.

4

(6) ADDITIONAL

5
6

MEMBERS OF THE BOARD.—

(A) APPOINTMENT.—The other members of
the Board shall be—

7

(i) 1 employee of the National Protec-

8

tion and Programs Directorate of the De-

9

partment of Homeland Security, appointed

10

by the Secretary of Homeland Security; and

11

(ii) 4 employees of the Federal Govern-

12

ment primarily having technical expertise

13

in information technology development, fi-

14

nancial management, cybersecurity and

15

privacy, and acquisition, appointed by the

16

Director.

17

(B) TERM.—Each member of the Board de-

18

scribed in paragraph (A) shall serve a term of 1

19

year, which shall be renewable not more than 4

20

times at the discretion of the appointing Sec-

21

retary or Director, as applicable.

22

(7) PROHIBITION

ON COMPENSATION.—Members

23

of the Board may not receive additional pay, allow-

24

ances, or benefits by reason of their service on the

25

Board.

† HR 2810 PAP

608
1

(8) STAFF.—Upon request of the Chair of the

2

Board, the Director and the Administrator may de-

3

tail, on a reimbursable or nonreimbursable basis, any

4

employee of the Federal Government to the Board to

5

assist the Board in carrying out the functions of the

6

Board.

7

(d) RESPONSIBILITIES OF ADMINISTRATOR.—

8

(1) IN

GENERAL.—In

addition to the responsibil-

9

ities described in subsection (b), the Administrator

10

shall support the activities of the Board and provide

11

technical support to, and, with the concurrence of the

12

Director, oversight of, agencies that receive transfers

13

from the Fund.

14
15

(2) RESPONSIBILITIES.—The responsibilities of
the Administrator are—

16

(A) to provide direct technical support in

17

the form of personnel services or otherwise to

18

agencies transferred amounts under subsection

19

(b)(3)(A) and for products, services, and acquisi-

20

tion vehicles funded under subsection (b)(3)(B);

21

(B) to assist the Board with the evaluation,

22

prioritization, and development of agency mod-

23

ernization proposals.

24

(C) to perform regular project oversight and

25

monitoring of approved agency modernization

† HR 2810 PAP

609
1

projects, in consultation with the Board and the

2

Director, to increase the likelihood of successful

3

implementation and reduce waste; and

4

(D) to provide the Director with informa-

5

tion necessary to meet the requirements of sub-

6

section (b)(7).

7

(e) EFFECTIVE DATE.—This section shall take effect on

8 the date that is 90 days after the date of enactment of this
9 Act.
10

(f) SUNSET.—

11

(1) IN

GENERAL.—On

and after the date that is

12

2 years after the date on which the Comptroller Gen-

13

eral of the United States issues the third report re-

14

quired under subsection (b)(7)(B), the Administrator

15

may not award or transfer funds from the Fund for

16

any project that is not already in progress as of such

17

date.

18

(2) TRANSFER

OF UNOBLIGATED AMOUNTS.—Not

19

later than 90 days after the date on which all projects

20

that received an award from the Fund are completed,

21

any amounts in the Fund shall be transferred to the

22

general fund of the Treasury and shall be used for

23

deficit reduction.

24
25

(3) TERMINATION
TION BOARD.—Not

† HR 2810 PAP

OF TECHNOLOGY MODERNIZA-

later than 90 days after the date

610
1

on which all projects that received an award from the

2

Fund are completed, the Technology Modernization

3

Board and all the authorities of subsection (c) shall

4

terminate.

8

TITLE XI—CIVILIAN PERSONNEL
MATTERS
Subtitle A—Department of Defense
Matters

9

SEC. 1101. PILOT PROGRAM ON ENHANCED PERSONNEL

10

MANAGEMENT SYSTEM FOR CYBERSECURITY

11

AND LEGAL PROFESSIONALS IN THE DEPART-

12

MENT OF DEFENSE.

5
6
7

13

(a) PILOT PROGRAM REQUIRED.—The Secretary of

14 Defense shall carry out within the Department of Defense
15 a pilot program to assess the feasability and advisability
16 of an enhanced personnel management system in accord17 ance with this section for cybersecurity and legal profes18 sionals in the Department described in subsection (b) who
19 enter civilian service with the Department on or after Janu20 ary 1, 2020.
21
22

(b) CYBERSECURITY AND LEGAL PROFESSIONALS.—
(1) IN

GENERAL.—The

cybersecurity and legal

23

professionals described in this subsection are the fol-

24

lowing:

† HR 2810 PAP

611
1

(A) Civilian cybersecurity professionals in

2

the Department of Defense consisting of civilian

3

personnel engaged in or directly supporting

4

planning, commanding and controlling, train-

5

ing, developing, acquiring, modifying, and oper-

6

ating systems and capabilities, and military

7

units and intelligence organizations (other than

8

those funded by the National Intelligence Pro-

9

gram) that are directly engaged in or used for

10

offensive and defensive cyber and information

11

warfare or intelligence activities in support

12

thereof.

13

(B) Civilian legal professionals in the De-

14

partment occupying legal or similar positions,

15

as determined by the Secretary of Defense for

16

purposes of the pilot program, that require eligi-

17

bility to practice law in a State or territory of

18

the United States.

19

(2) INAPPLICABILITY

TO SES POSITIONS.—The

20

pilot program shall not apply to positions within the

21

Senior Executive Service under subchapter VIII of

22

chapter 53 of title 5, United States Code.

23

(c) DIRECT-APPOINTMENT AUTHORITY.—

24
25

(1) INAPPLICABILITY
APPOINTMENT

† HR 2810 PAP

OF GENERAL CIVIL SERVICE

AUTHORITIES

TO

APPOINTMENTS.—

612
1

Under the pilot program, the Secretary of Defense,

2

with respect to the Defense Agencies, and the Sec-

3

retary of the military department concerned, with re-

4

spect to the military departments, may appoint

5

qualified candidates as cybersecurity and legal profes-

6

sionals without regard to the provisions of subchapter

7

I of chapter 33 of title 5, United States Code.

8
9

(2) APPOINTMENT

ON DIRECT-HIRE BASIS.—Ap-

pointments under the pilot program shall be made on

10

a direct-hire basis.

11

(d) TERM APPOINTMENTS.—

12

(1) RENEWABLE

TERM APPOINTMENTS.—Each

13

individual shall serve with the Department of Defense

14

as a cybersecurity or legal professional under the pilot

15

program pursuant to an initial appointment to serv-

16

ice with the Department for a term of not less than

17

2 years nor more than 8 years. Any term of appoint-

18

ment under the pilot program may be renewed for one

19

or more additional terms of not less than 2 years nor

20

more than 8 years as provided in subsection (h).

21

(2) LENGTH

OF TERMS.—The

length of the term

22

of appointment to a position under the pilot program

23

shall be prescribed by the Secretary of Defense taking

24

into account the national security, mission, and other

25

applicable requirements of the position. Positions hav-

† HR 2810 PAP

613
1

ing identical or similar requirements or terms may be

2

grouped into categories for purposes of the pilot pro-

3

gram. The Secretary may delegate any authority in

4

this paragraph to a commissioned officer of the

5

Armed Forces in pay grade O–7 or above or an em-

6

ployee in the Department in the Senior Executive

7

Service.

8

(e) NATURE OF SERVICE UNDER APPOINTMENTS.—

9

(1) TREATMENT

OF PERSONNEL APPOINTED AS

10

‘‘EMPLOYEES’’.—Except as otherwise provided by this

11

section, individuals serving with the Department of

12

Defense as cybersecurity or legal professionals under

13

the pilot program pursuant to appointments under

14

this section shall be considered employees (as specified

15

in section 2105 of title 5, United States Code) for

16

purposes of the provisions of title 5, United States

17

Code, and other applicable provisions of law, includ-

18

ing, in particular, for purposes as follows:

19

(A) Eligibility for participation in the Fed-

20

eral Employees’ Retirement System under chap-

21

ter 84 of title 5, United States Code, subject to

22

the provisions of section 8402 of such title and

23

the regulations prescribed pursuant to such sec-

24

tion.

† HR 2810 PAP

614
1

(B) Eligibility for enrollment in a health

2

benefits plan under chapter 89 of title 5, United

3

States Code (commonly referred as the ‘‘Federal

4

Employees Health Benefits Program’’).

5

(C) Eligibility for and subject to the em-

6

ployment protections of subpart F of part III of

7

title 5, United States Code, relating to merit

8

principles and protections.

9

(D) Eligibility for the protections of chapter

10

81, of title 5, United States Code, relating to

11

workers compensation.

12

(2) SCOPE

OF RIGHTS AND BENEFITS.—In

ad-

13

ministering the pilot program, the Secretary of De-

14

fense shall specify, and from time to time update, a

15

comprehensive description of the rights and benefits of

16

individuals serving with the Department under the

17

pilot program pursuant to this subsection and of the

18

provisions of law under which such rights and bene-

19

fits arise.

20

(f) COMPENSATION.—

21

(1) BASIC

PAY.—Individuals

serving with the

22

Department of Defense as cybersecurity or legal pro-

23

fessionals under the pilot program shall be paid basic

24

pay for such service in accordance with a schedule of

† HR 2810 PAP

615
1

pay prescribed by the Secretary of Defense for pur-

2

poses of the pilot program.

3

(2) TREATMENT

AS BASIC PAY.—Basic

pay pay-

4

able under the pilot program shall be treated for all

5

purposes as basic pay paid under the provisions of

6

title 5, United States Code.

7

(3) PERFORMANCE

AWARDS.—Individuals

serv-

8

ing with the Department as cybersecurity or legal

9

professionals under the pilot program may be award-

10

ed such performance awards for outstanding perform-

11

ance as the Secretary shall prescribe for purposes of

12

the pilot program. The performance awards may in-

13

clude a monetary bonus, time off with pay, or such

14

other awards as the Secretary considers appropriate

15

for purposes of the pilot program. The award of per-

16

formance awards under the pilot program shall based

17

in accordance with such policies and requirements as

18

the Secretary shall prescribe for purposes of the pilot

19

program.

20

(4) ADDITIONAL

COMPENSATION.—Individuals

21

serving with the Department as cybersecurity or legal

22

professionals under the pilot program may be award-

23

ed such additional compensation above basic pay as

24

the Secretary (or the designees of the Secretary) con-

25

sider appropriate in order to promote the recruitment

† HR 2810 PAP

616
1

and retention of highly skilled and productive cyberse-

2

curity and legal professionals to and with the Depart-

3

ment.

4

(g) PROBATIONARY PERIOD.—The following terms of

5 appointment shall be treated as a probationary period
6 under the pilot program:
7

(1) The first term of appointment of an indi-

8

vidual to service with the Department of Defense as

9

a cybersecurity or legal professional, regardless of

10

length.

11

(2) The first term of appointment of an indi-

12

vidual to a supervisory position in the Department as

13

a cybersecurity or legal professional, regardless of

14

length and regardless of whether or not such term of

15

appointment to a supervisory position is the first

16

term of appointment of the individual concerned to

17

service with the Department as a cybersecurity or

18

legal professional.

19

(h) RENEWAL OF APPOINTMENTS.—

20

(1) IN

GENERAL.—The

Secretary of Defense shall

21

prescribe the conditions for the renewal of appoint-

22

ments under the pilot program. The conditions may

23

apply to one or more categories of positions, positions

24

on a case-by-case basis, or both.

† HR 2810 PAP

617
1

(2) PARTICULAR

CONDITIONS.—In

prescribing

2

conditions for the renewal of appointments under the

3

pilot program, the Secretary shall take into account

4

the following (in the order specified):

5

(A) The necessity for the continuation of the

6

position concerned based on mission require-

7

ments and other applicable justifications for the

8

position.

9

(B) The service performance of the indi-

10

vidual serving in the position concerned, with

11

individuals with satisfactory or better perform-

12

ance afforded preference in renewal.

13
14

(C) Input from employees on conditions for
renewal.

15

(D) Applicable private and public sector

16

labor market conditions.

17

(3) SERVICE

PERFORMANCE.—The

assessment of

18

the service performance of an individual under the

19

pilot program for purposes of paragraph (2)(B) shall

20

consist of an assessment of the ability of the indi-

21

vidual to effectively accomplish mission goals for the

22

position concerned as determined by the supervisor or

23

manager of the individual based on the individual’s

24

performance evaluations and the knowledge of and re-

25

view by such supervisor or manager (developed in

† HR 2810 PAP

618
1

consultation with the individual) of the individual’s

2

performance in the position. An individual’s tenure of

3

service in a position or the Department of Defense

4

may not be the primary element of the assessment.

5

(i) PROFESSIONAL DEVELOPMENT.—The pilot pro-

6 gram shall provide for the professional development of indi7 viduals serving with the Department of Defense as cyberse8 curity and legal professionals under the pilot program in
9 a manner that—
10

(1) creates opportunities for education, training,

11

and career-broadening experiences, and for experi-

12

mental opportunities in other organizations within

13

and outside the Federal Government; and

14

(2) reflects the differentiated needs of personnel

15

at different stages of their careers.

16

(j) SABBATICALS.—

17

(1) IN

GENERAL.—The

pilot program shall pro-

18

vide for an individual who is in a successive term

19

after the first 8 years with the Department of Defense

20

as a cybersecurity or legal professional under the pilot

21

program to take, at the election of the individual, a

22

paid or unpaid sabbatical from service with the De-

23

partment for professional development or education

24

purposes. The length of a sabbatical shall be any

25

length not less than 6 months nor more than 1 year

† HR 2810 PAP

619
1

(unless a different period is approved by the Sec-

2

retary of the military department or head of the orga-

3

nization or element of the Department concerned for

4

purposes of this subsection). The purpose of any sab-

5

batical shall be subject to advance approval by the or-

6

ganization or element in the Department in which the

7

individual is currently performing service. The taking

8

of a sabbatical shall be contingent on the written

9

agreement of the individual concerned to serve with

10

the Department for an appropriate length of time at

11

the conclusion of the term of appointment in which

12

the sabbatical commences, with the period of such

13

service to be in addition to the period of such term

14

of appointment.

15

(2) NUMBER

OF SABBATICALS.—An

individual

16

may take more than one sabbatical under this sub-

17

section.

18

(3) REPAYMENT.—Except as provided in para-

19

graph (4), an individual who fails to satisfy a writ-

20

ten agreement executed under paragraph (1) with re-

21

spect to a sabbatical shall repay the Department an

22

amount equal to any pay, allowances, and other bene-

23

fits received by the individual from the Department

24

during the period of the sabbatical.

† HR 2810 PAP

620
1

(4) WAIVER

OF

REPAYMENT.—An

agreement

2

under paragraph (1) may include such conditions for

3

the waiver of repayment otherwise required under

4

paragraph (3) for failure to satisfy such agreement as

5

the Secretary specifies in such agreement.

6

(k) REGULATIONS.—The Secretary of Defense shall ad-

7 minister the pilot program under regulations prescribed by
8 the Secretary for purposes of the pilot program.
9
10

(l) TERMINATION.—
(1) IN

GENERAL.—The

authority of the Secretary

11

of Defense to appoint individuals for service with the

12

Department of Defense as cybersecurity or legal pro-

13

fessionals under the pilot program shall expire on De-

14

cember 31, 2029.

15

(2) EFFECT

ON EXISTING APPOINTMENTS.—The

16

termination of authority in paragraph (1) shall not

17

be construed to terminate or otherwise affect any ap-

18

pointment made under this section before December

19

31, 2029, that remains valid as of that date.

20

(m) IMPLEMENTATION.—

21

(1) INTERIM

FINAL RULE.—Not

later than one

22

year after the date of the enactment of this Act, the

23

Secretary of Defense shall prescribe an interim final

24

rule to implement the pilot program.

† HR 2810 PAP

621
1

(2) FINAL

RULE.—Not

later than 180 days after

2

prescribing the interim final rule under paragraph

3

(1) and considering public comments with respect to

4

such interim final rule, the Secretary shall prescribe

5

a final rule to implement the pilot program.

6

(3) OBJECTIVES.—The regulations prescribed

7

under paragraphs (1) and (2) shall accomplish the

8

objectives set forth in subsections (a) through (j) and

9

otherwise ensure flexibility and expedited appoint-

10

ment of cybersecurity and legal professionals in the

11

Department of Defense under the pilot program.

12

(n) REPORTS.—

13

(1) REPORTS

REQUIRED.—Not

later than Janu-

14

ary 30 of each of 2022, 2025, and 2028, the Secretary

15

of Defense shall submit to the appropriate committees

16

of Congress a report on the carrying out of the pilot

17

program. Each report shall include the following:

18

(A) A description and assessment of the car-

19

rying out of the pilot program during the period

20

since the commencement of the pilot program or

21

the previous submittal of a report under this

22

subsection, as applicable.

23

(B) A description and assessment of the suc-

24

cesses in and impediments to carrying out the

25

pilot program system during such period.

† HR 2810 PAP

622
1

(C) Such recommendations as the Secretary

2

considers appropriate for legislative action to

3

improve the pilot program and to otherwise im-

4

prove civilian personnel management of cyberse-

5

curity and legal professionals by the Department

6

of Defense.

7

(D) In the case of the report submitted in

8

2028, an assessment and recommendations by

9

the Secretary on whether to make the pilot pro-

10

gram permanent.

11

(2) APPROPRIATE

COMMITTEES OF CONGRESS

12

DEFINED.—In

13

committees of Congress’’ means—

this subsection, the term ‘‘appropriate

14

(A) the Committee on Armed Services and

15

the Committee on Homeland Security and Gov-

16

ernmental Affairs of the Senate; and

17

(B) the Committee on Armed Services and

18

the Committee on Oversight and Government Re-

19

form of the House of Representatives.

† HR 2810 PAP

623
1

SEC. 1102. INCLUSION OF STRATEGIC CAPABILITIES OFFICE

2

AND DEFENSE INNOVATION UNIT EXPERI-

3

MENTAL OF THE DEPARTMENT OF DEFENSE

4

IN PERSONNEL MANAGEMENT AUTHORITY TO

5

ATTRACT EXPERTS IN SCIENCE AND ENGI-

6

NEERING.

7

(a) IN GENERAL.—Subsection (a) of section 1599h of

8 title 10, United States Code, is amended by adding at the
9 end the following new paragraphs:
10

‘‘(4) STRATEGIC

CAPABILITIES OFFICE.—The

Di-

11

rector of the Strategic Capabilities Office may carry

12

out a program of personnel management authority

13

provided in subsection (b) in order to facilitate re-

14

cruitment of eminent experts in science or engineering

15

for the Office.

16

‘‘(5) DIUx.—The Director of the Defense Innova-

17

tion Unit Experimental may carry out a program of

18

personnel management authority provided in sub-

19

section (b) in order to facilitate recruitment of emi-

20

nent experts in science or engineering for the Unit.’’.

21

(b) SCOPE

OF

APPOINTMENT AUTHORITY.—Subsection

22 (b)(1) of such section is amended—
23
24
25
26

(1) in subparagraph (B), by striking ‘‘and’’ at
the end; and
(2) by adding at the end the following new subparagraphs:
† HR 2810 PAP

624
1

‘‘(D) in the case of the Strategic Capabili-

2

ties Office, appoint scientists and engineers to a

3

total of not more than 5 scientific and engineer-

4

ing positions in the Office; and

5

‘‘(E) in the case of the Defense Innovation

6

Unit Experimental, appoint scientists and engi-

7

neers to a total of not more than 5 scientific and

8

engineering positions in the Unit;’’.

9

(c) EXTENSION

OF

TERMS

OF

APPOINTMENT.—Sub-

10 section (c)(2) of such section is amended by striking ‘‘or
11 the Office of Operational Test and Evaluation’’ and insert12 ing ‘‘the Office of Operational Test and Evaluation, the
13 Strategic Capabilities Office, or the Defense Innovation
14 Unit Experimental’’.
15

SEC. 1103. PERMANENT AUTHORITY FOR DEMONSTRATION

16

PROJECTS RELATING TO ACQUISITION PER-

17

SONNEL MANAGEMENT POLICIES AND PRO-

18

CEDURES.

19

(a) PERMANENT AUTHORITY.—Section 1762 of title

20 10, United States Code, is amended by striking subsections
21 (g) and (h).
22

(b) SCOPE OF AUTHORITY.—Subsection (a) of such sec-

23 tion is amended by striking ‘‘COMMENCEMENT.—’’ and all
24 that follows through ‘‘a demonstration project’’ and insert-

† HR 2810 PAP

625
1 ing ‘‘IN GENERAL.—The Secretary of Defense may carry
2 out demonstration projects’’.
3
4

(c) INCREASE
PANTS.—Subsection

IN

LIMIT

ON

NUMBER

OF

PARTICI-

(c) of such section is amended by strik-

5 ing ‘‘the demonstration project under this section may not
6 exceed 120,000’’ and inserting ‘‘at any one time in dem7 onstration projects under this section may not exceed
8 130,000’’.
9

(d) ASSESSMENTS.—Subsection (e) of such section is

10 amended—
11

(1) by striking paragraph (1) and inserting the

12

following new paragraph:

13

‘‘(1) Upon the completion of a demonstration project

14 under this section, the Secretary of Defense shall provide
15 for the conduct of an assessment of the demonstration
16 project by an appropriate independent organization des17 ignated by the Secretary for that purpose. The Secretary
18 shall submit to the covered congressional committees a re19 port on each assessment conducted pursuant to this para20 graph.’’; and
21

(2) by striking paragraph (3).

† HR 2810 PAP

626
1

SEC. 1104. ESTABLISHMENT OF SENIOR SCIENTIFIC TECH-

2

NICAL MANAGERS AT MAJOR RANGE AND

3

TEST FACILITY BASE FACILITIES AND DE-

4

FENSE TEST RESOURCE MANAGEMENT CEN-

5

TER.

6

Section 2358a of title 10, United States Code, is

7 amended—
8

(1) in subsection (d)—

9

(A) in paragraph (1)—

10

(i) in the matter preceding subpara-

11

graph (A), by inserting ‘‘, each facility of

12

the Major Range and Test Facility Base,

13

and the Defense Test Resource Management

14

Center’’ after ‘‘each STRL’’; and

15

(ii) in subparagraph (A), by inserting

16

‘‘, of such facility of the Major Range and

17

Test Facility Base, or the Defense Test Re-

18

source Management Center’’; and

19

(B) in paragraph (2)—

20

(i) by striking ‘‘The positions’’ and in-

21

serting ‘‘(A) The laboratory positions’’; and

22

(ii) by adding at the end the following

23

new subparagraph:

24

‘‘(B) The test and evaluation positions described

25

in paragraph (1) may be filled, and shall be man-

26

aged, by the director of the Major Range and Test Fa† HR 2810 PAP

627
1

cility Base, in the case of a position at a facility of

2

the Major Range and Test Facility Base, and the di-

3

rector of the Defense Test Resource Management Cen-

4

ter, in the case of a position at such center, under cri-

5

teria established pursuant to section 342(b) of the Na-

6

tional Defense Authorization Act for Fiscal Year 1995

7

(Public Law 103–337; 10 U.S.C. 2358 note), relating

8

to personnel demonstration projects at laboratories of

9

the Department of Defense, except that the director

10

involved shall determine the number of such positions

11

at each facility of the Major Range and Test Facility

12

Base and the Defense Test Resource Management Cen-

13

ter, not to exceed two percent of the number of sci-

14

entists and engineers employed at the Major Range

15

and Test Facility Base or the Defense Test Resource

16

Management Center, as the case may be, as of the

17

close of the last fiscal year before the fiscal year in

18

which any appointments subject to that numerical

19

limitations are made.’’; and

20

(2) in subsection (f)—

21
22

(A) by redesignating paragraphs (1) and
(2) as paragraphs (2) and (4), respectively;

23

(B) by inserting before paragraph (2), as

24

redesignated by subparagraph (A), the following

25

new paragraph (1):

† HR 2810 PAP

628
1

‘‘(1) The term ‘Defense Test Resource Manage-

2

ment Center’ means the Department of Defense Test

3

Resource Management Center established under sec-

4

tion 196 of this title.’’; and

5

(C) by inserting after paragraph (2), as so

6

redesignated, the following new paragraph:

7

‘‘(3) The term ‘Major Range and Test Facility

8

Base’ means the test and evaluation facilities and re-

9

sources that are designated by the Secretary of De-

10

fense as facilities and resources comprising the Major

11

Range and Test Facility Base.’’.

12

SEC. 1105. EXTENSION OF TEMPORARY DIRECT HIRE AU-

13

THORITY FOR DOMESTIC DEFENSE INDUS-

14

TRIAL BASE FACILITIES AND THE MAJOR

15

RANGE AND TEST FACILITIES BASE.

16

Section 1125(a) of the National Defense Authorization

17 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
18 2457; 10 U.S.C. 1580 note prec.) is amended by striking
19 ‘‘and 2018’’ and inserting ‘‘through 2019’’.
20

SEC. 1106. DIRECT HIRE AUTHORITY FOR FINANCIAL MAN-

21

AGEMENT EXPERTS IN THE DEPARTMENT OF

22

DEFENSE WORKFORCE.

23

Section 1110 of the National Defense Authorization

24 Act for 2017 (Public Law 114–328; 130 Stat. 2450; 10
25 U.S.C. 1580 note prec.) is amended—

† HR 2810 PAP

629
1

(1) in subsection (a), by striking ‘‘the Defense

2

Agencies or the applicable military Department’’ and

3

inserting ‘‘a Department of Defense component’’;

4

(2) in subsection (b)(1), by striking ‘‘the Defense

5

Agencies’’ and inserting ‘‘each Department of Defense

6

component listed in subsection (f) other than the De-

7

partment of the Army, the Department of the Navy,

8

and the Department of the Air Force’’;

9

(3) in subsection (d)—

10

(A) by striking ‘‘any Defense Agency or

11

military department’’ and inserting ‘‘any De-

12

partment of Defense component’’; and

13

(B) by striking ‘‘such Defense Agency or

14

military department’’ and inserting ‘‘such De-

15

partment of Defense component’’; and

16

(4) by striking subsection (f) and inserting the

17

following new subsection (f):

18

‘‘(f) DEPARTMENT

19

FINED.—In

OF

DEFENSE COMPONENT DE-

this section, the term ‘Department of Defense

20 component’ means the following:
21

‘‘(1) A Defense Agency.

22

‘‘(2) The Office of the Chairman of the Joint

23

Chiefs of Staff.

24

‘‘(3) The Joint Staff.

25

‘‘(4) A combatant command.

† HR 2810 PAP

630
1
2
3
4

‘‘(5) The Office of the Inspector General of the
Department of Defense.
‘‘(6) A Field Activity of the Department of Defense.

5

‘‘(7) The Department of the Army.

6

‘‘(8) The Department of the Navy.

7

‘‘(9) The Department of the Air Force.’’.

8

SEC. 1107. AUTHORITY FOR WAIVER OF REQUIREMENT FOR

9

A BACCALAUREATE DEGREE FOR POSITIONS

10

IN THE DEPARTMENT OF DEFENSE ON CY-

11

BERSECURITY

12

MING.

13

(a) BRIEFING

ON

AND

COMPUTER

PROGRAM-

WAIVER REQUIRED.—Not later than

14 60 days after the date of the enactment of this Act, the Sec15 retary of Defense shall provide the Committees on Armed
16 Services of the Senate and the House of Representatives a
17 briefing on the feasability and advisability of the enactment
18 into law of the waiver authority described in subsection (b)
19 and the authorities in subsections (c) through (e).
20

(b) WAIVER AUTHORITY.—The waiver authority de-

21 scribed in this subsection is the authority of the Secretary
22 of Defense to waive any requirement in law for the posses23 sion of a baccalaureate degree as a condition of appoint24 ment to a position or category of positions in the Depart25 ment of Defense specified in subsection (c) if the Secretary

† HR 2810 PAP

631
1 determined that the duties of the position or category of po2 sitions could be appropriately discharged by individuals
3 demonstrating expertise other than a baccalaureate degree.
4

(c) POSITIONS.—The positions or categories of posi-

5 tions in the Department specified in this subsection are po6 sitions or categories of positions whose primary duties in7 volve the following:
8

(1) Cybersecurity, including computer network

9

operations, computer network defense, computer net-

10
11
12

work attack, and computer network exploitation.
(2) Computer programming.
(d) APPOINTMENT.—An individual who does not pos-

13 sess a baccalaureate degree could be appointed to a position
14 covered by a waiver pursuant to subsection (b) only if the
15 Secretary determined that the expertise demonstrated by the
16 individual was sufficient for the appropriate discharge of
17 the duties of the position by the individual.
18

(e) GUIDANCE.—The Secretary would issue guidance

19 for purposes of this section setting forth the following:
20

(1) The positions or categories of positions in the

21

Department subject to the waiver authorized by sub-

22

section (b).

23

(2) For each position or category of positions,

24

the expertise required for appointment to such posi-

25

tion or category of positions.

† HR 2810 PAP

632

2

Subtitle B—Government-wide
Matters

3

SEC. 1111. ELIMINATION OF FOREIGN EXEMPTION PROVI-

4

SION IN REGARD TO OVERTIME FOR FEDERAL

5

CIVILIAN

6

SIGNED TO A FOREIGN AREA.

1

7

EMPLOYEES

TEMPORARILY

AS-

(a) IN GENERAL.—Section 5542 of title 5, United

8 States Code, is amended by adding at the end the following:
9

‘‘(h) Notwithstanding section 13(f) of the Fair Labor

10 Standards Act of 1938 (29 U.S.C. 213(f)), an employee who
11 is working at a location in a foreign country, or in a terri12 tory under the jurisdiction of the United States to which
13 the exemption under such section 13(f) applies, in tem14 porary duty travel status while maintaining an official
15 duty station or worksite in an area of the United States
16 that is not exempted under such section 13(f) shall not be
17 considered, for all purposes, to be exempted from section 7
18 of such Act (29 U.S.C. 207) on the basis of the employee
19 performing work at such a location.’’.
20

(b) FEDERAL WAGE SYSTEM EMPLOYEES.—Section

21 5544 of title 5, United States Code, is amended by adding
22 at the end the following:
23

‘‘(d) Notwithstanding section 13(f) of the Fair Labor

24 Standards Act of 1938 (29 U.S.C. 213(f)), an employee
25 whose overtime pay is determined in accordance with sub† HR 2810 PAP

633
1 section (a) who is working at a location in a foreign coun2 try, or in a territory under the jurisdiction of the United
3 States to which the exemption under such section 13(f) ap4 plies, in temporary duty travel status while maintaining
5 an official duty station or worksite in an area of the United
6 States that is not exempted under such section 13(f) shall
7 not be considered, for all purposes, to be exempted from sec8 tion 7 of such Act (29 U.S.C. 207) on the basis of the em9 ployee performing work at such a location.’’.
10

(c) CONFORMING REPEAL.—Section 5542(a) of title 5,

11 United States Code, is amended by striking paragraph (6).
12

SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE

13

ANNUAL LIMITATION ON PREMIUM PAY AND

14

AGGREGATE LIMITATION ON PAY FOR FED-

15

ERAL CIVILIAN EMPLOYEES WORKING OVER-

16

SEAS.

17

Section 1101(a) of the Duncan Hunter National De-

18 fense Authorization Act for Fiscal Year 2009 (Public Law
19 110–417; 122 Stat. 4615), as most recently amended by sec20 tion 1137 of the National Defense Authorization Act for Fis21 cal Year 2017 (Public Law 114–328), is further amended
22 by striking ‘‘through 2017’’ and inserting ‘‘through 2018’’.

† HR 2810 PAP

634
1

SEC. 1113. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-

2

ITY TO GRANT ALLOWANCES, BENEFITS, AND

3

GRATUITIES TO CIVILIAN PERSONNEL ON OF-

4

FICIAL DUTY IN A COMBAT ZONE.

5

Paragraph (2) of section 1603(a) of the Emergency

6 Supplemental Appropriations Act for Defense, the Global
7 War on Terror, and Hurricane Recovery, 2006 (Public Law
8 109–234; 120 Stat. 443), as added by section 1102 of the
9 Duncan Hunter National Defense Authorization Act for
10 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616)
11 and most recently amended by section 1133 of the National
12 Defense Authorization Act for Fiscal Year 2017 (Public
13 Law 114–328), is further amended by striking ‘‘2018’’ and
14 inserting ‘‘2019’’.

18

TITLE XII—MATTERS RELATING
TO FOREIGN NATIONS
Subtitle A—Assistance and
Training

19

SEC. 1201. SUPPORT OF SPECIAL OPERATIONS FOR IRREG-

15
16
17

20
21

ULAR WARFARE.

(a) AUTHORITY.—The Secretary of Defense may, with

22 the concurrence of the relevant Chief of Mission, expend up
23 to $10,000,000 during each of fiscal years 2018 through
24 2021 to provide support to foreign forces, irregular forces,
25 groups, or individuals engaged in supporting or facilitating

† HR 2810 PAP

635
1 ongoing irregular warfare operations by United States Spe2 cial Operations Forces.
3

(b) FUNDS.—Funds for support under this section in

4 a fiscal year shall be derived from amounts authorized to
5 be appropriated for that fiscal year for the Department of
6 Defense for operation and maintenance.
7
8

(c) PROCEDURES.—
(1) IN

GENERAL.—The

authority in this section

9

shall be exercised in accordance with such procedures

10

as the Secretary shall establish for purposes of this

11

section.

12
13

(2) ELEMENTS.—The procedures that shall establish, at a minimum, the following:

14
15

(A) Policy guidance for the execution of activities under the authority in this section.

16

(B) The processes through which activities

17

under the authority in this section are to be de-

18

veloped, validated, and coordinated, as appro-

19

priate, with relevant entities of the United States

20

Government.

21

(3) NOTICE

TO CONGRESS ON PROCEDURES AND

22

MATERIAL MODIFICATIONS.—The

23

tify the congressional defense committees of the proce-

24

dures established pursuant to this section before any

25

exercise of the authority in this section, and shall no-

† HR 2810 PAP

Secretary shall no-

636
1

tify such committee of any material modification of

2

the procedures.

3

(d) NOTIFICATION.—

4

(1) IN

GENERAL.—Not

later than 15 days before

5

exercising the authority in this section to make funds

6

available to initiate support of an approved military

7

operation or changing the scope or funding level of

8

any support under this section for such an operation

9

by $500,000 or an amount equal to 10 percent of such

10

funding level (whichever is less), or not later than 48

11

hours after exercising such authority if the Secretary

12

determines that extraordinary circumstances that im-

13

pact the national security of the United States exist

14

that otherwise prevent notice under this subsection be-

15

fore the exercise of such authority, the Secretary shall

16

notify the congressional defense committees of the use

17

of such authority with respect to such operation. Any

18

such notification shall be in writing.

19
20

(2) ELEMENTS.—A notification required by this
subsection shall include the following:

21

(A) The type of support provided or to be

22

provided to United States Special Operations

23

Forces.

24
25

(B) The type of support provided or to be
provided to the recipient of the funds.

† HR 2810 PAP

637
1
2
3

(C) The amount obligated under the authority to provide support.
(e) LIMITATION

DELEGATION.—The authority of

ON

4 the Secretary to make funds available under this section
5 for support of a military operation may not be delegated.
6

(f) CONSTRUCTION

OF

AUTHORITY.—Nothing in this

7 section shall be construed to constitute a specific statutory
8 authorization for any of the following:
9

(1) The conduct of a covert action, as such term

10

is defined in section 503(e) of the National Security

11

Act of 1947 (50 U.S.C. 3093(e)).

12

(2) The introduction of United States Armed

13

Forces into hostilities or into situations wherein hos-

14

tilities are clearly indicated by the circumstances.

15

(3) The conduct or support of activities, directly

16

or indirectly, that are inconsistent with the laws of

17

armed conflict.

18

(g) PROGRAMMATIC

AND

POLICY OVERSIGHT.—The

19 Assistant Secretary of Defense for Special Operations and
20 Low-Intensity Conflict shall have primary programmatic
21 and policy oversight within the Office of the Secretary of
22 Defense of support to irregular warfare activities authorized
23 by this section.
24

(h) BIANNUAL REPORTS.—

† HR 2810 PAP

638
1

(1) REPORT

ON PRECEDING FISCAL YEAR.—Not

2

later than 120 days after the close of each fiscal year

3

in which subsection (a) is in effect, the Secretary shall

4

submit to the congressional defense committees a re-

5

port on the support provided under this section dur-

6

ing the preceding fiscal year.

7

(2) REPORT

ON CURRENT CALENDAR YEAR.—Not

8

later than 180 days after the submittal of each report

9

required by paragraph (1), the Secretary shall submit

10

to the congressional defense committees a report on

11

the support provided under this section during the

12

first half of the fiscal year in which the report under

13

this paragraph is submitted.

14
15

(3) ELEMENTS.—Each report required by this
subsection shall include the following:

16

(A) A summary of the ongoing irregular

17

warfare operations by United States Special Op-

18

erations Forces that were supported or facilitated

19

by foreign forces, irregular forces, groups, or in-

20

dividuals for which support was provided under

21

this section during the period covered by such re-

22

port.

23

(B) A description of the support or facilita-

24

tion provided by such foreign forces, irregular

† HR 2810 PAP

639
1

forces, groups, or individuals to United States

2

Special Operations Forces during such period.

3

(C) The type of recipients that were pro-

4

vided support under this section during such pe-

5

riod, identified by authorized category (foreign

6

forces, irregular forces, groups, or individuals).

7

(D) A detailed description of the support

8

provided to the recipients under this section dur-

9

ing such period.

10

(E) The total amount obligated for support

11

under this section during such period, including

12

budget details.

13
14

(F) The intended duration of support provided under this section during such period

15

(G) An assessment of value of the support

16

provided under this section during such period,

17

including a summary of significant activities

18

undertaken by foreign forces, irregular forces,

19

groups, or individuals to support irregular war-

20

fare operations by United States Special Oper-

21

ations Forces.

22
23
24

(H) The total amount obligated for support
under this section in prior fiscal years.
(i) IRREGULAR WARFARE DEFINED.—In this section,

25 the term ‘‘irregular warfare’’ means activities in support

† HR 2810 PAP

640
1 of predetermined United States policy and military objec2 tives conducted by, with, and through regular forces, irreg3 ular forces, groups, and individuals participating in com4 petition between state and non-state actors short of tradi5 tional armed conflict.
6

SEC. 1202. MODIFICATION OF AUTHORITY ON SUPPORT OF

7

SPECIAL

8

RORISM.

9

(a) OVERSIGHT

OPERATIONS

OF

TO

COMBAT

TER-

SUPPORT.—Section 127e of title

10 10, United States Code, is amended—
11
12
13

(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following

14

new subsection (g):

15

‘‘(g) OVERSIGHT

BY

ASD

FOR

SOLIC.—The Assistant

16 Secretary of Defense for Special Operations and Low-Inten17 sity Conflict shall have primary responsibility within the
18 Office of the Secretary of Defense for oversight of policies
19 and programs for support authorized by this section.’’.
20

(b) REPORTS.—Subsection (h) of such section, as re-

21 designated by subsection (a)(1) of this section is further
22 amended—
23

(1) in paragraph (1)—

24
25

(A) in the heading, by striking ‘‘CALENDAR
YEAR’’

† HR 2810 PAP

and inserting ‘‘FISCAL

YEAR’’;

641
1

(B) by striking ‘‘March 1 each year’’ and

2

inserting ‘‘120 days after the end of the pre-

3

ceding fiscal year of each year’’; and

4

(C) by striking ‘‘the preceding calendar

5

year’’ and inserting ‘‘such preceding fiscal year’’;

6

and

7

(2) in paragraph (2)—

8
9

(A) in the heading, by striking ‘‘CALENDAR
YEAR’’

10
11

YEAR’’;

(B) by striking ‘‘September 1’’ and inserting ‘‘July 1’’; and

12
13

and inserting ‘‘FISCAL

(C) by striking ‘‘the calendar year’’ and inserting ‘‘the fiscal year’’.

14

SEC. 1203. MODIFICATIONS OF CERTAIN AUTHORITY IN

15

CONNECTION WITH REFORM OF DEFENSE SE-

16

CURITY COOPERATION PROGRAMS AND AC-

17

TIVITIES.

18

(a) DEFENSE INSTITUTIONAL CAPACITY BUILDING

OF

19 FOREIGN COUNTRIES.—Section 332 of title 10, United
20 States Code, is amended—
21

(1) in subsection (a), by inserting ‘‘members of

22

the armed forces and’’ before ‘‘civilian employees’’ in

23

the matter preceding paragraph (1);

24

(2) in subsection (b)(2)(B)—

† HR 2810 PAP

642
1
2

(A) by striking ‘‘employees’’ both place it
appears and inserting ‘‘advisors’’; and

3

(B) by striking ‘‘employee’s’’ and inserting

4

‘‘advisor’s’’; and

5

(3) in subsection (c)—

6

(A) by inserting ‘‘member of the armed

7

forces or’’ before ‘‘civilian employee of the De-

8

partment of Defense’’ in the matter preceding

9

paragraph (1);

10
11

(B) in paragraph (1), by striking ‘‘employee as an’’; and

12
13
14

(C) in paragraph (3), by striking ‘‘the employee’’ and inserting ‘‘the advisor’’.
(b) DEFENSE INSTITUTIONAL CAPACITY BUILDING

OF

15 FOREIGN FORCES.—Section 333(c)(4) of such title is
16 amended by striking ‘‘the Department’’ and inserting ‘‘the
17 Department of Defense or another department or agency of
18 the United States Government’’.
19

SEC. 1204. GLOBAL SECURITY CONTINGENCY FUND MAT-

20
21

TERS.

(a) TWO-YEAR EXTENSION

OF

AUTHORITY.—Section

22 1207 of the National Defense Authorization Act for Fiscal
23 Year 2012 (22 U.S.C. 2151 note) is amended—
24
25

(1) in subsection (i), by striking ‘‘September 30,
2017’’ and inserting ‘‘September 30, 2019’’; and

† HR 2810 PAP

643
1

(2) in subsection (p)—

2
3

(A) by striking ‘‘September 30, 2017’’ and
inserting ‘‘September 30, 2019’’; and

4
5
6

(B) by striking ‘‘through 2017’’ and inserting ‘‘through 2019’’.
(b) PURPOSES

OF

FUND.—Subsection (b) of such sec-

7 tion is amended—
8

(1) in paragraph (1)—

9

(A) in the matter preceding subparagraph

10

(A), by striking ‘‘, or other national security

11

forces that conduct border and maritime secu-

12

rity, internal defense, and counterterrorism oper-

13

ations’’ and inserting ‘‘or other national security

14

forces’’;

15
16

(B) in subparagraph (A), by striking ‘‘or’’
at the end;

17
18

(C) in subparagraph (B), by striking the
period at the end and inserting ‘‘; or’’; and

19
20

(D) by adding at the end the following new
subparagraph:

21

‘‘(C) provide support to civil or national se-

22

curity authorities in connection with humani-

23

tarian assistance (including demining), disaster

24

response, and disaster risk reduction activities.’’;

25

and

† HR 2810 PAP

644
1

(2) in paragraph (2), by striking ‘‘rule of law

2

programs,’’ and all that follows and inserting ‘‘rule

3

of law programs and stabilization efforts in a coun-

4

try.’’.

5

(c) NOTICE

6

TO

ANCE.—Subsection

CONGRESS

ON

INITIATION

OF

ASSIST-

(l) of such section is amended by strik-

7 ing ‘‘30 days’’ and inserting ‘‘15 days’’.
8

SEC. 1205. DEFENSE INSTITUTE OF INTERNATIONAL LEGAL

9
10

STUDIES.

(a) IN GENERAL.—The Secretary of Defense may oper-

11 ate an institute to be known as the ‘‘Defense Institute of
12 International Legal Studies’’ (in this section referred to as
13 the ‘‘Institute’’) in accordance with this section for purposes
14 in furtherance of United States security and foreign policy
15 objectives of—
16
17

(1) promoting an understanding of and appreciation for the rule of law; and

18

(2) encouraging the international development of

19

internal capacities of foreign governments for civilian

20

control of the military, military justice, the legal as-

21

pects of peacekeeping, good governance and anti-cor-

22

ruption in defense reform, and human rights.

23

(b) ACTIVITIES.—In carrying out the purposes speci-

24 fied in subsection (a), the Institute may conduct activities
25 as follows:

† HR 2810 PAP

645
1
2

(1) Research, communication, and exchange of
ideas.

3

(2) Education and training involving military

4

and civilian personnel, both within and outside the

5

United States.

6

(3) Building the legal capacity of foreign mili-

7

tary and other security forces, including equitable,

8

transparent, and accountable defense institutions, ci-

9

vilian control of the military, human rights, and

10
11

democratic governance.
(4) Institutional legal capacity building of for-

12

eign defense and security institutions.

13

(c) CONCURRENCE

OF

SECRETARY

OF

STATE.—The

14 concurrence of the Secretary of State is required to conduct
15 activities specified in subsection (b).
16
17

(d) DEPARTMENT OF DEFENSE REVIEW.—
(1) IN

GENERAL.—The

Secretary of Defense shall

18

conduct a comprehensive review of the mission, work-

19

force, funding, and other support of the Institute.

20
21

(2) ELEMENTS.—The review shall include, but
not be limited to, the following:

22

(A) An assessment of the scope of the mis-

23

sion of the Institute, taking into account the in-

24

creasing security cooperation authorities and re-

25

quirements of the Department of Defense, includ-

† HR 2810 PAP

646
1

ing core rule of law training in the United

2

States and abroad, defense legal institution

3

building, and statutorily required human rights

4

and legal capacity building of foreign security

5

forces.

6

(B) An assessment of the workforce of the

7

Institute, including whether it is appropriately

8

sized to align with the full scope of the mission

9

of the Institute.

10

(C) A review of the funding mechanisms for

11

the activities of the Institute, including the cur-

12

rent mechanisms for reimbursing the Institute by

13

the Department of State and by the Department

14

of Defense through the budget of the Defense Se-

15

curity Cooperation Agency.

16

(D) An evaluation of the feasibility and ad-

17

visability of the provision of funds appropriated

18

for the Department of Defense directly to the In-

19

stitute, and the actions, if any, required to au-

20

thorize the Institute to receive such funds di-

21

rectly.

22

(E) A description of the challenges, if any,

23

of the Institute to increase its capacity to pro-

24

vide residence courses to meet demands for train-

25

ing and assistance.

† HR 2810 PAP

647
1

(F) An assessment of the capacity of the De-

2

partment of Defense to assess, monitor, and

3

evaluate the effectiveness of the human rights

4

training and other activities of the Institute.

5

(3) REPORT.—Not later than 180 days after the

6

date of the enactment of this Act, the Secretary shall

7

submit to the congressional defense committees a re-

8

port summarizing the findings of the review and any

9

recommendations for enhancing the capability of the

10

Institute to fulfill its mission that the Secretary con-

11

siders appropriate.

13

Subtitle B—Matters Relating to
Afghanistan and Pakistan

14

SEC. 1211. EXTENSION OF COMMANDERS’ EMERGENCY RE-

15

SPONSE PROGRAM AND RELATED AUTHORI-

16

TIES.

12

17

(a) CERP.—Section 1201 of the National Defense Au-

18 thorization Act for Fiscal Year 2012 (Public Law 112–81;
19 125 Stat. 1619), as most recently amended by section
20 1211(a) of the National Defense Authorization Act for Fis21 cal Year 2017 (Public Law 114–328; 130 Stat. 2477), is
22 further amended—
23
24

(1) in subsection (a), by striking ‘‘December 31,
2018’’ and inserting ‘‘December 31, 2019’’;

† HR 2810 PAP

648
1

(2) in subsection (b), by striking ‘‘fiscal year

2

2017 and fiscal year 2018’’ and inserting ‘‘each of fis-

3

cal years 2017, 2018, and 2019’’; and

4

(3) in subsection (f), by striking ‘‘December 31,

5

2018’’ and inserting ‘‘December 31, 2019’’.

6

(b) PAYMENTS

7

RIES.—Section

FOR

REDRESS

OF

CERTAIN INJU-

1211(b)(1) of the National Defense Author-

8 ization Act for Fiscal Year 2017 (130 Stat. 2478) is amend9 ed by striking ‘‘December 31, 2018’’ and inserting ‘‘Decem10 ber 31, 2019’’.
11

SEC. 1212. EXTENSION OF AUTHORITY TO TRANSFER DE-

12

FENSE ARTICLES AND PROVIDE DEFENSE

13

SERVICES TO THE MILITARY AND SECURITY

14

FORCES OF AFGHANISTAN.

15

(a) EXPIRATION.—Subsection (h) of section 1222 of the

16 National Defense Authorization Act for Fiscal Year 2013
17 (Public Law 112–239; 126 Stat. 1992), as most recently
18 amended by section 1213 of the National Defense Authoriza19 tion Act for Fiscal Year 2017 (Public Law 114–328; 130
20 Stat. 2478), is further amended by striking ‘‘December 31,
21 2017’’ and inserting ‘‘December 31, 2018’’.
22

(b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) of

23 such section 1222, as so amended, is further amended by
24 striking ‘‘December 31, 2017’’ each place it appears and
25 inserting ‘‘December 31, 2018’’.

† HR 2810 PAP

649
1

SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY

2

FOR REIMBURSEMENT OF CERTAIN COALI-

3

TION NATIONS FOR SUPPORT PROVIDED TO

4

UNITED STATES MILITARY OPERATIONS.

5

(a) EXTENSION.—Subsection (a) of section 1233 of the

6 National Defense Authorization Act for Fiscal Year 2008
7 (Public Law 110–181; 122 Stat. 393), as most recently
8 amended by section 1218 of the National Defense Authoriza9 tion Act for Fiscal Year 2017 (Public Law 114–328), is
10 further amended by striking ‘‘the period beginning on Octo11 ber 1, 2016, and ending on December 31, 2017,’’ and insert12 ing ‘‘fiscal year 2018,’’.
13

(b) LIMITATIONS

ON

AMOUNTS AVAILABLE.—Sub-

14 section (d)(1) of such section, as so amended, is further
15 amended—
16

(1) in the first sentence, by striking ‘‘during the

17

period beginning on October 1, 2016, and ending on

18

December 31, 2017, may not exceed $1,100,000,000’’

19

and inserting ‘‘during fiscal year 2018 may not ex-

20

ceed $900,000,000’’; and

21

(2) in the second sentence, by striking ‘‘the pe-

22

riod beginning on October 1, 2016 and ending on De-

23

cember 31, 2017, may not exceed $900,000,000’’ and

24

inserting ‘‘during fiscal year 2018 may not exceed

25

$700,000,000’’.

† HR 2810 PAP

650
1
2

(c) EXTENSION
IMBURSEMENT OF

OF

REPORTING REQUIREMENT

ON

RE -

PAKISTAN FOR SECURITY ENHANCEMENT

3 ACTIVITIES.—Subsection (e)(2) of such section, as added by
4 section 1218 of the National Defense Authorization Act for
5 Fiscal Year 2017, is amended by inserting ‘‘and annually
6 thereafter,’’ after ‘‘December 31, 2017,’’.
7

(d) EXTENSION

8

TO

9

VIDED BY

OF

REIMBURSEMENT

NOTICE REQUIREMENT RELATING

OF

PAKISTAN

FOR

SUPPORT PRO-

PAKISTAN.—Section 1232(b)(6) of the National

10 Defense Authorization Act for Fiscal Year 2008, as most
11 recently amended by section 1218(e) of the National Defense
12 Authorization Act for Fiscal Year 2017, is further amended
13 by striking ‘‘December 31, 2017’’ and inserting ‘‘September
14 30, 2018’’.
15
16

(e) EXTENSION
OF

OF

LIMITATION

ON

PAKISTAN PENDING CERTIFICATION

REIMBURSEMENT
ON

PAKISTAN.—

17 Section 1227(d)(1) of the National Defense Authorization
18 Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat.
19 2001), as most recently amended by section 1218(f) of the
20 National Defense Authorization Act for Fiscal Year 2017,
21 is further amended by striking ‘‘for any period prior to De22 cember 31, 2017’’ and inserting ‘‘for fiscal year 2018 and
23 any prior fiscal year’’.
24

(f) ADDITIONAL LIMITATION

ON

25 PAKISTAN PENDING CERTIFICATION

† HR 2810 PAP

REIMBURSEMENT

ON

OF

PAKISTAN.—Of the

651
1 total amount of reimbursements and support authorized for
2 Pakistan during fiscal year 2018 pursuant to the second
3 sentence of section 1233(d)(1) of the National Defense Au4 thorization Act for Fiscal Year 2008 (as amended by sub5 section (b)(2)), $350,000,000 shall not be eligible for the
6 waiver under section 1227(d)(2) of the National Defense
7 Authorization Act for Fiscal Year 2013 (126 Stat. 2001)
8 unless the Secretary of Defense certifies to the congressional
9 defense committees that—
10

(1) Pakistan continues to conduct military oper-

11

ations that are contributing to significantly dis-

12

rupting the safe havens, fundraising and recruiting

13

efforts, and freedom of movement of the Haqqani Net-

14

work and Lashkar-e-Tayyiba in Pakistan;

15

(2) Pakistan has taken steps to demonstrate its

16

commitment to prevent the Haqqani Network and

17

Lashkar-e-Tayyiba from using any Pakistan territory

18

as a safe haven and for fundraising and recruiting ef-

19

forts;

20

(3) the Government of Pakistan is making an at-

21

tempt to actively coordinate with the Government of

22

Afghanistan to restrict the movement of militants,

23

such as the Haqqani Network and Lashkar-e-Tayyiba,

24

along the Afghanistan-Pakistan border; and

† HR 2810 PAP

652
1

(4) Pakistan has shown progress in arresting

2

and

3

operatives of the Haqqani Network and Lashkar-e-

4

Tayyiba.

prosecuting

senior

leaders

and

mid-level

5

SEC. 1214. EXTENSION OF AUTHORITY TO ACQUIRE PROD-

6

UCTS AND SERVICES PRODUCED IN COUN-

7

TRIES ALONG A MAJOR ROUTE OF SUPPLY TO

8

AFGHANISTAN.

9

Section 801(f) of the National Defense Authorization

10 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
11 2399), as most recently amended by section 1212 of the Na12 tional Defense Authorization Act for Fiscal Year 2017 (Pub13 lic Law 114–328; 130 Stat. 2478), is further amended by
14 striking ‘‘December 31, 2018’’ and inserting ‘‘December 31,
15 2019’’.
16

SEC. 1215. EXTENSION OF SEMIANNUAL REPORT ON EN-

17

HANCING SECURITY AND STABILITY IN AF-

18

GHANISTAN.

19

Section 1225(a)(2) of the Carl Levin and Howard P.

20 ‘‘Buck’’ McKeon National Defense Authorization Act for
21 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3550),
22 as amended by section 1215(a) of the National Defense Au23 thorization Act for Fiscal Year 2017 (Public Law 114–328;
24 130 Stat. 2480), is further amended by striking ‘‘December
25 15, 2019’’ and inserting ‘‘December 15, 2020’’.

† HR 2810 PAP

653
1

SEC. 1216. SENSE OF CONGRESS REGARDING THE AFGHAN

2
3

SPECIAL IMMIGRANT VISA PROGRAM.

(a) FINDINGS.—Congress finds the following:

4

(1) The Armed Forces, the Department of State,

5

the United States Agency for International Develop-

6

ment, and other agencies and departments of the

7

United States rely on the services of Afghan nationals

8

in a variety of sensitive and trusted capacities to sup-

9

port the operations of the United States Government

10

in Afghanistan.

11

(2) Afghans who have supported the United

12

States Government in Afghanistan face grave threats

13

from the Taliban and other terrorist groups as a re-

14

sult of their service.

15

(3) Commander of the United States Central

16

Command, General Joseph L. Votel, warned in a

17

June 14, 2017, letter that ‘‘curtailing or abandoning’’

18

the special immigrant visa program for Afghans car-

19

ried out under the Afghan Allies Protection Act of

20

2009 (8 U.S.C. 1101 note) ‘‘would risk significantly

21

undermining years of progress and goodwill and

22

could serve to tip the balance in favor of malign ac-

23

tors’’.

24

(4) Commander of Resolute Support and United

25

States Forces-Afghanistan, General John W. Nichol-

26

son Jr., warned in a June 12, 2017, letter that if such
† HR 2810 PAP

654
1

program ‘‘is not fully resourced it could significantly

2

undermine our credibility and the 16 years of tremen-

3

dous sacrifice by thousands of Afghans on behalf of

4

Americans and Coalition partners’’.

5

(5) All visas allocated for such program are pro-

6

jected to be exhausted and all visa issuances for prin-

7

cipal applicants will cease in October 2017, if addi-

8

tional visas are not authorized.

9

(6) The cessation of the issuance of special immi-

10

grant visas for Afghans is likely to cause panic

11

among the Afghans who are assisting the United

12

States, often at great personal risk, and could signifi-

13

cantly affect the operations of the United States Gov-

14

ernment in Afghanistan.

15

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

16 that an additional 4,000 visas should be made available for
17 principal aliens who are eligible for special immigrant sta18 tus under the Afghan Allies Protection Act of 2009 (8
19 U.S.C. 1101 note) to prevent harm to the operations of the
20 United States Government in Afghanistan.
21

SEC. 1217. SPECIAL IMMIGRANT VISAS FOR AFGHAN ALLIES.

22

Section 602(b)(3)(F) of the Afghan Allies Protection

23 Act of 2009 (8 U.S.C. 1101 note) is amended in the matter
24 preceding clause (i), by striking ‘‘11,000’’ and inserting
25 ‘‘15,000’’.

† HR 2810 PAP

655

2

Subtitle C—Matters Relating to
Syria, Iraq, and Iran

3

SEC. 1231. MODIFICATION OF AUTHORITY TO PROVIDE AS-

4

SISTANCE TO COUNTER THE ISLAMIC STATE

5

OF IRAQ AND SYRIA.

1

6

(a) CLARIFICATION

OF

CONSTRUCTION AUTHORITY.—

7

(1) CLARIFICATION.—Subsection (a) of section

8

1236 of the Carl Levin and Howard P. ‘‘Buck’’

9

McKeon National Defense Authorization Act for Fis-

10

cal Year 2015 (Public Law 113–291; 128 Stat. 3558),

11

as most recently amended by section 1222 of the Na-

12

tional Defense Authorization Act for Fiscal Year 2017

13

(Public Law 114–328; 130 Stat. 2485), is further

14

amended by striking ‘‘facility and infrastructure re-

15

pair and renovation,’’ and inserting ‘‘infrastructure

16

repair and renovation, small-scale construction of

17

temporary facilities necessary to meet urgent oper-

18

ational or force protection requirements with a cost

19

less than $4,000,000,’’.

20

(2) ADDITIONAL

LIMITATIONS

AND

REQUIRE-

21

MENTS.—Such

22

adding at the end the following new subsections:

23

‘‘(m) LIMITATION

24

STRUCTION,

section 1236 is further amended by

REPAIR,

ON

AND

AGGREGATE COST

OF

CON-

RENOVATION PROJECTS.—The

25 aggregate amount of construction, repair, and renovation
† HR 2810 PAP

656
1 projects carried out under this section in any fiscal year
2 may not exceed $30,000,000.
3
4

‘‘(n) APPROVAL
STRUCTION,

AND

NOTICE BEFORE CERTAIN CON-

REPAIR, AND RENOVATION PROJECTS.—

5

‘‘(1) APPROVAL.—A construction, repair, or ren-

6

ovation project costing more than $1,000,000 may not

7

be carried out under this section unless approved in

8

advance by the Commander of the United States Cen-

9

tral Command.

10

‘‘(2) NOTICE.—When a decision is made to carry

11

out a construction, repair, or renovation project to

12

which paragraph (1) applies, the Commander of the

13

United States Central Command shall notify in writ-

14

ing the appropriate committees of Congress of that de-

15

cision, including the justification for the project and

16

the estimated cost of the project. The project may be

17

carried out only after the end of the 21-day period be-

18

ginning on the date the notification is received by the

19

committees or, if earlier, the end of the 14-day period

20

beginning on the date on which a copy of the notifica-

21

tion is provided in an electronic medium pursuant to

22

section 480 of title 10, United States Code.’’.

23
24

(3) ELEMENT

IN QUARTERLY REPORTS ON CON-

STRUCTION, REPAIR, AND RENOVATION.—Paragraph

† HR 2810 PAP

657
1

(8) of subsection (d) of such section 1236 is amended

2

to read as follows:

3

‘‘(8) A list of new projects for construction, re-

4

pair, or renovation commenced during the period cov-

5

ered by such progress report, and a list of projects for

6

construction, repair, or renovation continuing from

7

the period covered by the preceding progress report.’’.

8

(b) FUNDING.—Subsection (g) of such section 1236, as

9 most recently amended by section 1222 of the National De10 fense Authorization Act for Fiscal Year 2017, is further
11 amended—
12

(1) by striking ‘‘in the National Defense Author-

13

ization Act for Fiscal Year 2017 for Overseas Contin-

14

gency Operations in title XV for fiscal year 2017’’

15

and inserting ‘‘for the Department of Defense for

16

Overseas Contingency Operations for fiscal year

17

2018’’; and

18

(2) by striking ‘‘$630,000,000’’ and inserting

19

‘‘$1,269,000,000’’.

20

(c) NAME

OF

21

(1) IN

22

amended—

23

ISLAMIC STATE

GENERAL.—Such

OR

IRAQ

AND

SYRIA.—

section 1236 is further

(A) in subsection (a)(1)—

24

(i) by striking ‘‘the Levant’’ and in-

25

serting ‘‘Syria’’; and

† HR 2810 PAP

658
1

(ii) by striking ‘‘ISIL’’ each place it

2

appears and inserting ‘‘ISIS’’; and

3

(B) in subsection (l)—

4

(i) in paragraph (1)(B)(i), by striking

5

‘‘the Levant (ISIL)’’ and inserting ‘‘Syria

6

(ISIS)’’; and

7

(ii) in paragraph (2)(A), by striking

8

‘‘ISIL’’ and inserting ‘‘ISIS’’.

9
10
11

(2) HEADING

AMENDMENT.—The

heading of such

section 1236 is amended to read as follows:
‘‘SEC.

1236.

AUTHORITY

TO

PROVIDE

ASSISTANCE

TO

12

COUNTER THE ISLAMIC STATE OF IRAQ AND

13

SYRIA.’’.

14

SEC. 1232. MODIFICATION OF AUTHORITY TO PROVIDE AS-

15

SISTANCE TO THE VETTED SYRIAN OPPOSI-

16

TION.

17

(a) NATURE

OF

ASSISTANCE.—Subsection (a) of sec-

18 tion 1209 of the Carl Levin and Howard P. ‘‘Buck’’
19 McKeon National Defense Authorization Act for Fiscal Year
20 2015 (Public Law 113–291; 128 Stat. 3541), as amended
21 by section 1221(a) of the National Defense Authorization
22 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
23 2485), is further amended in the matter preceding para24 graph (1) by striking ‘‘construction of training and associ25 ated facilities’’ and inserting ‘‘construction and repair of

† HR 2810 PAP

659
1 training and associated facilities or other facilities nec2 essary to meet urgent military operational requirements of
3 a temporary nature with a cost less than $4,000,000’’.
4
5

(b) SCOPE
IN

OF

ELEMENT

ON

CONSTRUCTION PROJECTS

QUARTERLY PROGRESS REPORTS.—Subsection (d)(9) of

6 such section 1209 is amended by inserting before the semi7 colon the following: ‘‘, including new construction or repair
8 commenced during the period covered by such progress re9 port and construction and repair continuing from the pe10 riod covered by the preceding progress report’’.
11
12

(c) NOTICE ON NEW INITIATIVES.—
(1) IN

GENERAL.—Subsection

(f) of such section

13

1209, as most recently amended by section 1221(b) of

14

the National Defense Authorization Act for Fiscal

15

Year 2017, is further amended to read as follows:

16

‘‘(f) NOTICE

TO

CONGRESS BEFORE INITIATION

OF

17 NEW INITIATIVES.—Not later than 30 days before initiating
18 a new initiative under subsection (a), the Secretary of De19 fense shall submit to the appropriate congressional commit20 tees a notice setting forth the following:
21
22

‘‘(1) The initiative to be carried out, including
a detailed description of the assistance provided.

23

‘‘(2) The budget, implementation timeline and

24

anticipated delivery schedule for the assistance to

25

which the initiative relates, the military department

† HR 2810 PAP

660
1

responsible for management and the associated pro-

2

gram executive office, and the completion date for the

3

initiative.

4
5

‘‘(3) The amount, source, and planned expenditure of funds to carry out the initiative.

6
7

‘‘(4) Any financial or other support for the initiation provided by foreign governments.

8

‘‘(5) Any other information with respect to the

9

initiative that the Secretary considers appropriate.’’.

10

(2) EFFECTIVE

DATE.—The

amendment made by

11

paragraph (1) shall take effect on the date of the en-

12

actment of this Act, and shall apply with respect to

13

new initiatives initiated under section 1209 of the

14

Carl Levin and Howard P. ‘‘Buck’’ McKeon National

15

Defense Authorization Act for Fiscal Year 2015 on or

16

after the date that is 30 days after the date of the en-

17

actment of this Act.

18

(d) LIMITATION

19

TION AND

ON

AGGREGATE COST

OF

CONSTRUC-

REPAIR PROJECTS.—Such section 1209 is further

20 amended by adding at the end the following new subsection:
21
22

‘‘(l) LIMITATION
TION AND

ON

AGGREGATE COST

OF

CONSTRUC-

REPAIR PROJECTS.—The aggregate amount of

23 construction and repair projects carried out under this sec24 tion in any fiscal year may not exceed $10,000,000.’’.

† HR 2810 PAP

661
1
2

(e) APPROVAL
STRUCTION AND

AND

NOTICE BEFORE CERTAIN CON-

REPAIR PROJECTS.—Such section 1209 is

3 further amended by adding at the end the following new
4 subsection:
5
6
7

‘‘(m) APPROVAL
STRUCTION AND

‘‘(1)

AND

NOTICE BEFORE CERTAIN CON-

REPAIR PROJECTS.—
APPROVAL.—A

construction

or

repair

8

project costing more than $1,000,000 may not be car-

9

ried out under this section unless approved in ad-

10

vance by the Commander of the United States Central

11

Command.

12

‘‘(2) NOTICE.—When a decision is made to carry

13

out a construction or repair project to which para-

14

graph (1) applies, the Commander of the United

15

States Central Command shall notify in writing the

16

appropriate committees of Congress of that decision,

17

including the justification for the project and the esti-

18

mated cost of the project. The project may be carried

19

out only after the end of the 21-day period beginning

20

on the date the notification is received by the commit-

21

tees or, if earlier, the end of the 14-day period begin-

22

ning on the date on which a copy of the notification

23

is provided in an electronic medium pursuant to sec-

24

tion 480 of title 10, United States Code.’’.

† HR 2810 PAP

662
1

SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY

2

TO SUPPORT OPERATIONS AND ACTIVITIES

3

OF THE OFFICE OF SECURITY COOPERATION

4

IN IRAQ.

5

(a) EXTENSION

OF

AUTHORITY.—Subsection (f)(1) of

6 section 1215 of the National Defense Authorization Act for
7 Fiscal Year 2012 (10 U.S.C. 113 note) is amended by strik8 ing ‘‘fiscal year 2017’’ and inserting ‘‘fiscal year 2018’’.
9
10
11

(b) AMOUNT AVAILABLE.—
(1) IN

GENERAL.—Such

section is further

amended—

12

(A) in subsection (c), by striking ‘‘fiscal

13

year 2017 may not exceed $70,000,000’’ and in-

14

serting ‘‘fiscal year 2018 may not exceed

15

$42,000,000’’; and

16

(B) in subsection (d), by striking ‘‘fiscal

17

year 2017’’ and inserting ‘‘fiscal year 2018’’.

18

(2) LIMITATION

OF USE OF FY18 FUNDS PENDING

19

PLAN.—Of

20

for section 1215 of the National Defense Authorization

21

Act for Fiscal Year 2012, as amended by this section,

22

not more than 50 percent may be obligated or ex-

23

pended until 30 days after the date on which the plan

24

required by the joint explanatory statement to accom-

25

pany the conference report on S.2943 of the 114th

26

Congress, the National Defense Authorization Act for
† HR 2810 PAP

the amount available for fiscal year 2018

663
1

Fiscal Year 2017, and entitled ‘‘to transition the ac-

2

tivities conducted by OSC-I but funded by the De-

3

partment of Defense to another entity or transition

4

the funding of such activities to another source’’ is

5

provided to the appropriate committees of Congress.

6

(c) CLARIFICATION

7

SION OF

OF

OSC–I MANDATE

AND

EXPAN-

ELIGIBLE RECIPIENTS.—Subsection (f) of such sec-

8 tion is further amended—
9

(1) in paragraph (1), by striking ‘‘training ac-

10

tivities in support of Iraqi Ministry of Defense and

11

Counter Terrorism Service personnel’’ and all that

12

follows and inserting ‘‘activities to support the fol-

13

lowing:

14

‘‘(A) Defense institution building to miti-

15

gate capability gaps and promote effective and

16

sustainable defense institutions.

17

‘‘(B) Professionalization, strategic planning

18

and reform, financial management, manpower

19

management, and logistics management of mili-

20

tary and other security forces of or associated

21

with the Government of Iraq, including Kurdish

22

and tribal security forces or other local security

23

forces with a national security mission, at a base

24

or facility of the Government of Iraq.’’; and

25

(2) in paragraph (2)—

† HR 2810 PAP

664
1
2

(A) in the heading, by striking ‘‘OF
ING’’;

TRAIN-

and

3

(B) by striking ‘‘training’’ and inserting

4

‘‘activities of the Office of Security Cooperation

5

in Iraq’’.

6

SEC. 1234. MODIFICATION AND ADDITIONAL ELEMENTS IN

7

ANNUAL REPORT ON THE MILITARY POWER

8

OF IRAN.

9

(a) IN GENERAL.—Section 1245(b) of the National De-

10 fense Authorization Act for Fiscal Year 2010 (10 U.S.C.
11 113 note) is amended—
12

(1) in paragraph (5)—

13
14

(A) by inserting ‘‘and from’’ after ‘‘transfers to’’;

15

(B) by striking ‘‘from non-Iranian sources’’

16

and inserting ‘‘from or to non-Iranian sources or

17

destinations’’; and

18

(C) by inserting before the period at the end

19

the following: ‘‘, including transfers that pertain

20

to nuclear development, ballistic missiles, and

21

chemical, biological, and advanced conventional

22

weapons, weapon systems, and delivery vehicles’’;

23

and

24

(2) by adding at the end the following new para-

25

graphs:

† HR 2810 PAP

665
1

‘‘(6) An assessment of the use of civilian trans-

2

portation infrastructure and assets, including sea-

3

ports, airports, and commercial vessels and aircraft,

4

used to transport illicit military cargo to or from

5

Iran, including military personnel, military goods,

6

and related components.

7

‘‘(7) An assessment of military-to-military co-

8

operation between Iran and foreign counties, includ-

9

ing Cuba, North Korea, Pakistan, Sudan, Syria, Ven-

10

ezuela, and any other country designated by the Sec-

11

retary of Defense with additional reference to coopera-

12

tion and collaboration on the development of nuclear,

13

biological, chemical, and advanced conventional

14

weapons, weapon systems, and delivery vehicles.’’.

15

(b) EFFECTIVE DATE.—The amendments made by this

16 section shall take effect on the date of the enactment of this
17 Act, and shall apply with respect to reports required to be
18 submitted under section 1245 of the National Defense Au19 thorization Act for Fiscal Year 2010 after that date.

† HR 2810 PAP

666

2

Subtitle D—Matters Relating to the
Russian Federation

3

SEC. 1241. EXTENSION OF LIMITATION ON MILITARY CO-

4

OPERATION BETWEEN THE UNITED STATES

5

AND THE RUSSIAN FEDERATION.

1

6

Section 1232 of the National Defense Authorization

7 Act for Fiscal Year 2017 (Public Law 114–328) is amend8 ed—
9

(1) in subsection (a)—

10

(A) by inserting ‘‘or 2018’’ after ‘‘fiscal

11

year 2017’’; and

12

(B) by inserting ‘‘in the fiscal year con-

13

cerned’’ after ‘‘may be used’’; and

14

(2) in subsection (c), by inserting ‘‘with respect

15

to funds for a fiscal year’’ after ‘‘the limitation in

16

subsection (a)’’.

17

SEC. 1242. EXTENSION OF LIMITATION ON AVAILABILITY OF

18

FUNDS RELATING TO ACTIVITIES TO RECOG-

19

NIZE THE SOVEREIGNTY OF THE RUSSIAN

20

FEDERATION OVER CRIMEA.

21

Section 1234 of the National Defense Authorization

22 Act for Fiscal Year 2017 (Public Law 114–328) is amend23 ed—
24
25

(1) in subsection (a), by inserting ‘‘or 2018’’
after ‘‘fiscal year 2017’’; and
† HR 2810 PAP

667
1
2
3

(2) in subsection (b), by inserting ‘‘for a fiscal
year’’ after ‘‘expenditure of funds’’.
SEC. 1243. EXTENSION OF UKRAINE SECURITY ASSISTANCE

4
5

INITIATIVE.

(a) EXTENSION.—Subsection (h) of section 1250 of the

6 National Defense Authorization Act for Fiscal Year 2016
7 (Public Law 114–92; 129 Stat. 1068), as amended by sec8 tion 1237 of the National Defense Authorization Act for Fis9 cal Year 2017 (Public Law 114–328; 130 Stat. 2494), is
10 further amended by striking ‘‘December 31, 2018’’ and in11 serting ‘‘December 31, 2019’’.
12

(b) FUNDING

FOR

FISCAL YEAR 2018.—Subsection (f)

13 of such section 1250, as added by subsection (a) of such
14 section 1237, is further amended by adding at the end the
15 following new paragraph:
16
17

‘‘(3) For fiscal year 2018, $500,000,000.’’.
(c) AVAILABILITY

OF

FUNDS.—Subsection (c) of such

18 section 1250, as amended by subsection (c) of such section
19 1237, is further amended—
20

(1) in paragraph (1), by inserting after ‘‘pursu-

21

ant to subsection (f)(2)’’ the following: ‘‘, or more

22

than $250,000,000 of the funds available for fiscal

23

year 2018 pursuant to subsection (f)(3),’’;

† HR 2810 PAP

668
1

(2) in paragraph (2), by inserting ‘‘with respect

2

to the fiscal year concerned’’ after ‘‘is a certification’’;

3

and

4

(3) in paragraph (3)—

5
6

(A) by inserting ‘‘or 2018’’ after ‘‘in fiscal
year 2017’’; and

7

(B) by striking ‘‘in paragraph (2), such

8

funds may be used in that fiscal year’’ and in-

9

serting ‘‘in paragraph (2) with respect to such

10

fiscal year, such funds may be used in such fiscal

11

year’’.

12

SEC. 1244. EXTENSION OF AUTHORITY ON TRAINING FOR

13

EASTERN EUROPEAN NATIONAL SECURITY

14

FORCES IN THE COURSE OF MULTILATERAL

15

EXERCISES.

16

(a) EXTENSION.—Subsection (h) of section 1251 of the

17 National Defense Authorization Act for Fiscal Year 2016
18 (10 U.S.C. 2282 note) is amended—
19
20

(1) by striking ‘‘September 30, 2018’’ and inserting ‘‘December 31, 2020’’; and

21

(2) by striking ‘‘fiscal years 2016 through 2018’’

22

and inserting ‘‘fiscal year 2016 through calendar year

23

2020’’.

24

(b) TECHNICAL

AND

CONFORMING AMENDMENTS.—

25 Such section is further amended—

† HR 2810 PAP

669
1
2

(1) by striking ‘‘military’’ each place it appears
and inserting ‘‘security’’;

3
4

(2) in subsection (e), by striking ‘‘that’’ and inserting ‘‘than’’; and

5
6

(3) in subsection (f), by striking ‘‘section 2282’’
and inserting ‘‘chapter 16’’.

7

SEC. 1245. SECURITY ASSISTANCE FOR BALTIC NATIONS

8

FOR JOINT PROGRAM FOR RESILIENCY AND

9

DETERRENCE AGAINST AGGRESSION.

10

(a) IN GENERAL.—The Secretary of Defense may, with

11 the concurrence of the Secretary of State, conduct or support
12 a joint program of the Baltic nations to improve their resil13 ience against and build their capacity to deter aggression
14 by the Russian Federation.
15

(b) JOINT PROGRAM.—For purposes of subsection (a),

16 a joint program of the Baltic nations may be either of the
17 following:
18

(1) A program jointly agreed by the Baltic na-

19

tions that builds interoperability among those coun-

20

tries.

21

(2) An agreement for the joint procurement by

22

the Baltic nations of defense articles or services using

23

assistance provided pursuant to subsection (a).

24

(c) PARTICIPATION

OF

OTHER COUNTRIES.—Any

25 country other than a Baltic nation may participate in the

† HR 2810 PAP

670
1 joint program described in subsection (a), but only using
2 funds of such country.
3

(d) LIMITATION

ON

AMOUNT.—The total amount of as-

4 sistance provided pursuant to subsection (a) in fiscal year
5 2018 may not exceed $100,000,000.
6

(e) FUNDING.—Amounts for assistance provided pur-

7 suant to subsection (a) shall be derived from amounts au8 thorized to be appropriated by this Act and available for
9 the European Deterrence Initiative (EDI).
10

(f) BALTIC NATIONS DEFINED.—In this section, the

11 term ‘‘Baltic nations’’ means the following:
12

(1) Estonia.

13

(2) Latvia.

14

(3) Lithuania.

15

SEC. 1246. ANNUAL REPORT ON MILITARY AND SECURITY

16

DEVELOPMENTS INVOLVING THE RUSSIAN

17

FEDERATION.

18

Section 1245(b) of the Carl Levin and Howard P.

19 ‘‘Buck’’ McKeon National Defense Authorization Act for
20 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3566),
21 as most recently amended by section 1235(a) of the National
22 Defense Authorization Act for Fiscal Year 2017 (Public
23 Law 114–328; 130 Stat. 2490), is further amended—

† HR 2810 PAP

671
1

(1) by redesignating paragraphs (14) through

2

(20) as paragraphs (15) through (21), respectively;

3

and

4
5
6
7

(2) by inserting after paragraph (13) the following new paragraph (14):
‘‘(14) An assessment of Russia’s hybrid warfare
strategy and capabilities, including—

8

‘‘(A) Russia’s information warfare strategy

9

and capabilities, including the use of misin-

10

formation, disinformation, and propaganda in

11

social and traditional media;

12

‘‘(B) Russia’s financing of political parties,

13

think tanks, media organizations, and academic

14

institutions;

15

‘‘(C) Russia’s malicious cyber activities;

16

‘‘(D) Russia’s use of coercive economic tools,

17

including sanctions, market access, and differen-

18

tial pricing, especially in energy exports; and

19
20

‘‘(E) Russia’s use of criminal networks and
corruption to achieve political objectives.’’.

† HR 2810 PAP

672
1

SEC. 1247. ANNUAL REPORT ON ATTEMPTS OF THE RUS-

2

SIAN

3

DISINFORMATION

4

MEMBERS OF THE ARMED FORCES BY SOCIAL

5

MEDIA.

6

FEDERATION
AND

TO

PROVIDE

PROPAGANDA

TO

(a) ANNUAL REPORT REQUIRED.—Not later than

7 March 31 each year, the Secretary of Defense shall submit
8 to the congressional defense committees a report on attempts
9 by the Russian Federation, or any foreign person acting
10 as an agent of or on behalf of the Russian Federation, dur11 ing the preceding year to knowingly disseminate Russian
12 Federation-supported

disinformation

or

propaganda,

13 through social media applications or related Internet-based
14 means, to members of the Armed Forces with probable in15 tent to cause injury to the United States or advantage the
16 Government of the Russian Federation.
17

(b) FORM.—Each report under this section shall be

18 submitted in unclassified form, but may include a classified
19 annex.
20

SEC. 1248. SUPPORT OF EUROPEAN DETERRENCE INITIA-

21

TIVE TO DETER RUSSIAN AGGRESSION.

22

(a) FINDINGS.—Congress makes the following findings:

23

(1) Military exercises, such as Exercise Nifty

24

Nugget and Exercise Reforger during the Cold War,

25

have historically made important contributions to

26

testing operational concepts, technologies, and leader† HR 2810 PAP

673
1

ship approaches; identifying limiting factors in the

2

execution of operational plans and appropriate cor-

3

rective action; and bolstering deterrence against ad-

4

versaries by demonstrating United States military ca-

5

pabilities.

6

(2) Military exercises with North Atlantic Treaty

7

Organization (NATO) allies enhance the interoper-

8

ability and strategic credibility of the alliance.

9

(3) The increase in conventional, nuclear, and

10

hybrid threats by the Russian Federation against the

11

security interests of the United States and allies in

12

Europe requires substantial and sustained investment

13

to improve United States combat capability in Eu-

14

rope.

15

(4) The decline of a permanent United States

16

military presence in Europe in recent years increases

17

the likelihood the United States will rely on being

18

able to flow forces from the continental United States

19

to the European theater in the event of a major con-

20

tingency.

21

(5) Senior military leaders, including the Com-

22

mander of United States Transportation Command,

23

have warned that a variety of increasingly advanced

24

capabilities, especially the proliferation of anti-access,

25

area denial (A2/AD) capabilities, have given adver-

† HR 2810 PAP

674
1

saries of the United States the ability to challenge the

2

freedom of movement of the United States military in

3

all domains from force deployment to employment to

4

disrupt, delay, or deny operations.

5

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

6 that, to enhance the European Deterrence Initiative and
7 bolster deterrence against Russian aggression, the United
8 States, together with North Atlantic Treaty Organization
9 allies and other European partners, should demonstrate its
10 resolve and ability to meet its commitments under Article
11 V of the North Atlantic Treaty through appropriate mili12 tary exercises with an emphasis on participation of United
13 States forces based in the continental United States and
14 testing strategic and operational logistics and transpor15 tation capabilities.
16

(c) REPORT.—

17

(1) IN

GENERAL.—Not

later than March 1, 2018,

18

the Secretary of Defense shall submit to the congres-

19

sional defense committees a report setting forth the

20

following:

21

(A) An analysis of the challenges to the

22

ability of the United States to flow significant

23

forces from the continental United States to the

24

European theater in the event of a major contin-

25

gency.

† HR 2810 PAP

675
1

(B) The plans of the Department of Defense,

2

including the conduct of military exercises, to

3

address such challenges.

4

(2) FORM.—The report required by paragraph

5

(1) shall be submitted in unclassified form, but may

6

include a classified annex.

7

SEC. 1249. SENSE OF CONGRESS ON THE EUROPEAN DETER-

8
9

RENCE INITIATIVE.

It is the sense of Congress that—

10

(1) the European Deterrence Initiative will bol-

11

ster efforts to deter further Russian aggression by pro-

12

viding resources to—

13

(A) train and equip the military forces of

14

North Atlantic Treaty Organization (NATO)

15

and non-North Atlantic Treaty Organization

16

partners in order to improve responsiveness, ex-

17

pand expeditionary capability, and strengthen

18

combat effectiveness across the spectrum of secu-

19

rity environments;

20

(B) enhance the indications and warning,

21

interoperability, and logistics capabilities of Al-

22

lied and partner military forces to increase their

23

ability to respond to external aggression, defend

24

sovereignty and territorial integrity, and pre-

25

serve regional stability;

† HR 2810 PAP

676
1

(C) improve the agility and flexibility of

2

military forces required to address threats across

3

the full spectrum of domains and effectively oper-

4

ate in a wide array of coalition operations

5

across diverse global environments from North

6

Africa and the Middle East to Eastern Europe

7

and the Arctic; and

8

(D) mitigate potential gaps forming in the

9

areas of information warfare, Anti-Access Area

10

Denial, and force projection;

11

(2) investments that support the security and

12

stability of Europe, and that assist European nations

13

in further developing their security capabilities, are

14

in the long-term vital national security interests of

15

the United States; and

16

(3) funds for such efforts should be authorized

17

and appropriated in the base budget of the Depart-

18

ment of Defense in order to ensure continued and

19

planned funding to address long-term stability in Eu-

20

rope, reassure the European allies and partners of the

21

United States, and deter further Russian aggression.

22

SEC. 1250. ENHANCEMENT OF UKRAINE SECURITY ASSIST-

23
24

ANCE INITIATIVE.

Section 1250(b) of National Defense Authorization Act

25 for Fiscal Year 2016 (Public Law 114–92; 126 Stat. 1068),

† HR 2810 PAP

677
1 as amended by section 1237(b) of the National Defense Au2 thorization Act for Fiscal Year 2017 (Public Law 114–328;
3 130 Stat. 2495), is further amended by adding at the end
4 the following new paragraph:
5

‘‘(12) Treatment of wounded Ukraine soldiers in

6

the United States in medical treatment facilities

7

through the Secretarial Designee Program, and trans-

8

portation, lodging, meals, and other appropriate non-

9

medical support in connection with such treatment

10

(including incidental expenses in connection with

11

such support).’’.

12

SEC. 1251. SENSE OF CONGRESS ON THE IMPORTANCE OF

13

THE NORTH ATLANTIC TREATY ORGANIZA-

14

TION INTELLIGENCE FUSION CENTER.

15

(a) FINDINGS.—Congress makes the following findings:

16

(1) The North Atlantic Treaty Organization

17

(NATO) Intelligence Fusion Center provides a crucial

18

contribution to the North Atlantic Treaty Organiza-

19

tion alliance and the national security of the United

20

States.

21

(2) The fast-paced evolution of the security situa-

22

tion throughout Europe and its periphery, as well as

23

a marked increase in conventional, nuclear, and hy-

24

brid threats from the Russian Federation, require op-

25

timized efforts to track and attribute critical threats

† HR 2810 PAP

678
1

to the security and stability of Europe and United

2

States national security interests.

3

(3) The ability of the North Atlantic Treaty Or-

4

ganization Intelligence Fusion Center to leverage stra-

5

tegic intelligence partnerships with the United States

6

and other allies facilitates daily and direct collabora-

7

tion that provides operational advantages and effi-

8

ciencies needed to ensure the rapid and proper re-

9

sponse by the North Atlantic Treaty Organization to

10

Russian aggression in the conventional, nuclear, and

11

hybrid domains.

12

(4) The collocation of the North Atlantic Treaty

13

Organization Intelligence Fusion Center with the

14

Joint Intelligence Analysis Complex of the United

15

States European Command facilitates the sharing

16

and fusion of intelligence, contributes to filling intel-

17

ligence gaps within both the North Atlantic Treaty

18

Organization and the United States European Com-

19

mand, and supports a common intelligence picture

20

for the North Atlantic Council, which is essential to

21

establishing political consensus on evaluating, ana-

22

lyzing, and attributing existing and emerging threats.

23

(5) The North Atlantic Treaty Organization In-

24

telligence Fusion Center and its collocation with the

25

Joint Intelligence Analysis Complex contribute sig-

† HR 2810 PAP

679
1

nificantly to providing the North Atlantic Treaty Or-

2

ganization alliance and the United States European

3

Command timely and effective indications and warn-

4

ings of threats emanating from within and around

5

Europe.

6

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

7 that the collocation of the North Atlantic Treaty Organiza8 tion Intelligence Fusion Center with the Joint Intelligence
9 Analysis Complex of the United States European Command
10 provides the optimal solution to intelligence and oper11 ational requirements, while fostering critical diplomatic re12 lationships, and is the most efficient configuration of the
13 intelligence enterprise.
14
15
16
17

Subtitle E—Matters Relating to the
Asia-Pacific Region
SEC. 1261. ASIA-PACIFIC STABILITY INITIATIVE.

(a) IN GENERAL.—The Secretary of Defense may

18 carry out a program of activities described in subsection
19 (b) for the purpose of enhancing stability in the Asia-Pa20 cific region. The program of activities shall be known as
21 the ‘‘Asia-Pacific Stability Initiative’’.
22

(b) ACTIVITIES.—The activities described in this sub-

23 section are the following:

† HR 2810 PAP

680
1

(1) Activities to increase the presence and en-

2

hance the posture of the United States Armed Forces

3

in the Asia-Pacific region.

4

(2) Bilateral and multilateral military training

5

and exercises with allies and partner nations in the

6

Asia-Pacific region.

7

(3) Activities to improve military and defense

8

infrastructure in the Asia-Pacific region in order to

9

enhance the responsiveness and capabilities of the

10

United States Armed Forces in that region.

11

(4) Activities to enhance the storage and pre-po-

12

sitioning in the Asia-Pacific region of equipment of

13

the United States Armed Forces.

14

(5) Activities to build the defense and security

15

capacity of the United States Armed Forces in the

16

Asia-Pacific region and, using the authorities speci-

17

fied in subsection (c), the defense and security capac-

18

ity of allies and partner nations in that region.

19

(c) ACTIVITIES TO BUILD DEFENSE

20 CAPACITY

OF

ALLIES

AND

AND

SECURITY

PARTNER NATIONS.—The activi-

21 ties to build the defense and security capacity of allies and
22 partner nations in the Asia-Pacific region described in sub23 section (b)(5) may include activities under the authorities
24 of the Department of Defense as follows:

† HR 2810 PAP

681
1

(1) Section 2282 of title 10, United States Code,

2

or section 333 of such title (its successor section), re-

3

lating to authority to build the capacity of foreign se-

4

curity forces.

5

(2) Section 332 of title 10, United States Code,

6

relating to defense institution capacity building for

7

friendly foreign countries and international and re-

8

gional organizations.

9

(3) Section 1263 of the National Defense Author-

10

ization Act for Fiscal Year 2016 (10 U.S.C. 2282

11

note), relating to the Southeast Asia Maritime Secu-

12

rity Initiative.

13

(4) Section 1206 of the Carl Levin and Howard

14

P. ‘‘Buck’’ McKeon National Defense Authorization

15

Act for Fiscal Year 2015 (10 U.S.C. 2282 note), relat-

16

ing to training of security forces and associated min-

17

istries of foreign countries to promote respect for the

18

rule of law and human rights.

19

(5) Any other authority available to the Sec-

20

retary of Defense for the purpose of building the de-

21

fense and security capacity of allies and partner na-

22

tions in the Asia-Pacific region.

23

(d) TRANSFER REQUIREMENTS.—

24

(1) USE

OF FUNDS ONLY PURSUANT TO TRANS-

25

FER.—Funds

available for the Asia-Pacific Stability

† HR 2810 PAP

682
1

Initiative may be used for activities described in sub-

2

sections (b) and (c) only pursuant to a transfer of

3

such funds to or among either or both of the following

4

accounts of the Department of Defense:

5

(A) Military personnel accounts.

6

(B) Operation and maintenance accounts.

7

(2) EFFECT

ON AUTHORIZATION AMOUNTS.—The

8

transfer of an amount available for the Asia-Pacific

9

Stability Initiative to an account under the authority

10

provided by paragraph (1) in a fiscal year shall be

11

deemed to increase the amount authorized for such ac-

12

count for such fiscal year by an amount equal to the

13

amount transferred.

14

(3) CONSTRUCTION

WITH OTHER TRANSFER AU-

15

THORITY.—The

16

graph (1) is in addition to any other transfer author-

17

ity available to the Department of Defense by law.

18

(e) NOTIFICATION REQUIREMENTS.—Not later than 15

transfer authority provided by para-

19 days before that date on which a transfer of funds under
20 subsection (d) takes effect, the Secretary of Defense shall no21 tify the Committees on Armed Services of the Senate and
22 the House of Representatives in writing of the transfer.
23 Each notice of a transfer of funds shall include the fol24 lowing:

† HR 2810 PAP

683
1

(1) A detailed description of the project or activ-

2

ity to be supported by the transfer of funds, including

3

any request of the Commander of the United States

4

Pacific Command for support, urgent operational

5

need, or emergent operational need to be satisfied by

6

the project or activity.

7
8
9

(2) The amount to be transferred and expended
on the project or activity.
(3) A timeline for expenditure of the transferred

10

funds.

11

(f) FUNDING.—Amounts for the Asia- Pacific Stability

12 Initiative shall be derived from amounts authorized to be
13 appropriated for fiscal year 2018 for the Department of De14 fense for operation and maintenance by section 301 and
15 available for the Asia-Pacific Stability Initiative as speci16 fied in the funding table in section 4301.
17

(g) DURATION

OF

TRANSFER AUTHORITY.—The au-

18 thority in subsection (d) to transfer funds expires Sep19 tember 30, 2019.
20

(h) ASIA-PACIFIC REGION DEFINED.—In this section,

21 the term ‘‘Asia-Pacific region’’ means the region that falls
22 under the responsibility and jurisdiction of United States
23 Pacific Command.

† HR 2810 PAP

684
1

SEC. 1262. EXPANSION OF MILITARY-TO-MILITARY ENGAGE-

2
3

MENT WITH THE GOVERNMENT OF BURMA.

Section 1253(a) of the Carl Levin and Howard P.

4 ‘‘Buck’’ McKeon National Defense Authorization Act for
5 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3571;
6 22 U.S.C. 2151 note) is amended by adding at the end the
7 following new paragraphs:
8
9

‘‘(6) Courses or workshops to improve the Burmese military’s—

10
11

‘‘(A) understanding of regional and global
security issues; and

12

‘‘(B) ability to adhere to international

13

training standards.

14

‘‘(7) Consultation, education, and training on

15
16
17
18
19

maritime domain awareness.
‘‘(8) Consultation, education, and training on
peacekeeping operations.
‘‘(9) Courses or workshops on combating illegal
trafficking and migration.’’.

20

SEC. 1263. AGREEMENT SUPPLEMENTAL TO COMPACT OF

21

FREE ASSOCIATION WITH PALAU.

22

(a) APPROVAL

OF

AGREEMENT SUPPLEMENTAL

TO

23 COMPACT.—The Compact Review Agreement and appen24 dices signed by the United States and the Republic of Palau
25 on September 3, 2010, in connection with section 432 of
26 the Compact of Free Association with Palau (Public Law
† HR 2810 PAP

685
1 99–658; 48 U.S.C. 1931 note), with the funding schedule
2 therein to be modified by the parties to the Agreement as
3 necessary and appropriate, are approved (hereinafter the
4 ‘‘Agreement’’).
5

(b) STATUS

OF

PRIOR YEAR PAYMENTS.—Amounts

6 provided to the Government of Palau by the Government
7 of the United States in fiscal years 2011 through 2017 shall
8 also be considered as funding to implement the Agreement.
9

(c)

EXTENSION

OF

EFFECTIVE

DATE.—Section

10 105(f)(1)(B)(ix) of the Compact of Free Association Amend11 ments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) is amend12 ed by striking ‘‘2009’’ and inserting ‘‘2024’’.
13

SEC. 1264. WORKFORCE ISSUES FOR RELOCATION OF MA-

14
15

RINES TO GUAM.

(a) AMENDMENTS

16 AUTHORIZATION ACT

TO THE

FOR

MILITARY CONSTRUCTION

FISCAL YEAR 2009.—Subsection

17 2824(c)(6)(D) of the Military Construction Authorization
18 Act for Fiscal Year 2009 (division B of Public Law 110–
19 417; 10 U.S.C. 2687 note) is amended—
20

(1) by inserting ‘‘and the Secretary of Veterans

21

Affairs’’ after ‘‘the Secretary of Labor’’ each place it

22

appears; and

23
24

(2) in the last sentence, by striking ‘‘determines’’
and inserting ‘‘determine’’.

† HR 2810 PAP

686
1
2

(b) AMENDMENT
THE

TO

JOINT RESOLUTION APPROVING

COVENANT ESTABLISHING COMMONWEALTH

OF THE

3 NORTHERN MARIANA ISLANDS.—Section 6(b) of the Joint
4 Resolution entitled ‘‘A Joint Resolution to approve the
5 ‘Covenant To Establish a Commonwealth of the Northern
6 Mariana Islands in Political Union With the United States
7 of America’, and for other purposes’’, approved March 24,
8 1976 (48 U.S.C. 1806(b)) is amended to read as follows:
9

‘‘(b) NUMERICAL LIMITATIONS

FOR

NONIMMIGRANT

10 WORKERS.—
11

‘‘(1) IN

GENERAL.—An

alien, if otherwise quali-

12

fied, may, before December 31, 2023, seek admission

13

to Guam as a nonimmigrant worker under section

14

101(a)(15)(H) of the Immigration and Nationality

15

Act (8 U.S.C. 1101(a)(15)(H)) without counting

16

against the numerical limitations set forth in section

17

214(g) of such Act (8 U.S.C. 1184(g)). The numerical

18

limitation of such aliens may not exceed 4,000 for

19

any fiscal year. An alien, if otherwise qualified, may,

20

before December 31, 2023, be admitted under section

21

101(a)(15)(H)(ii)(b) of such Act for a period of up to

22

3 years to perform services or labor on Guam pursu-

23

ant to any agreement entered into by a prime con-

24

tractor or subcontractor calling for services or labor

25

required for performance of the contract or sub-

† HR 2810 PAP

687
1

contract in direct support of all military-funded con-

2

struction, repairs, renovation, and facilities services

3

necessary to enable the Marine Corps realignment in

4

the Pacific, notwithstanding the requirement of such

5

section that the service or labor be temporary. This

6

subsection does not apply to any employment to be

7

performed outside of Guam or the Commonwealth.

8
9

‘‘(2) APPLICABILITY
MENTS.—The

OF

CERTAIN

REQUIRE-

requirements of section 2824(c) of the

10

Military Construction Act for Fiscal Year 2009 (divi-

11

sion B of Public Law 110–417; 10 U.S.C. note) shall

12

apply to this subsection.’’.

13

(c) EFFECTIVE DATE.—The amendment made by sub-

14 section (b) shall take effect on the date that is 120 days
15 after the date of enactment of this Act.
16

SEC. 1265. UNITED STATES POLICY WITH RESPECT TO

17

FREEDOM OF NAVIGATION OPERATIONS AND

18

OVERFLIGHT

19

SEAS.

BEYOND

THE

TERRITORIAL

20

(a) FINDINGS.—Congress makes the following findings:

21

(1) Since the Declaration of Independence in

22

1776, which was inspired in part as a response to a

23

‘‘tyrant’’ who ‘‘plundered our seas, ravaged our

24

Coasts’’ and who wrote laws ‘‘for cutting off our

25

Trade with all parts of the world’’, freedom of seas

† HR 2810 PAP

688
1

and promotion of international commerce have been

2

core security interests of the United States.

3

(2) Article I, section 8 of the Constitution of the

4

United States establishes enumerated powers for Con-

5

gress, which include regulating commerce with foreign

6

nations, punishing piracies and felonies committed on

7

the high seas and offenses against the law of nations,

8

and providing and maintaining a Navy.

9

(3) For centuries, the United States has main-

10

tained a commitment to ensuring the right to freedom

11

of navigation for all law-abiding parties in every re-

12

gion of the world.

13

(4) In support of international law, the long-

14

standing United States commitment to freedom of

15

navigation and ensuring the free access to sea lanes

16

to promote global commerce remains a core security

17

interest of the United States.

18

(5) This is particularly true in areas of the

19

world that are critical transportation corridors and

20

key routes for global commerce, such as the South

21

China Sea and the East China Sea, through which a

22

significant portion of global commerce transits.

23

(6) The consistent exercise of freedom of naviga-

24

tion operations and overflights by United States

25

naval and air forces throughout the world plays a

† HR 2810 PAP

689
1

critical role in safeguarding the freedom of the seas

2

for all lawful nations, supporting international law,

3

and ensuring the continued safe passage and pro-

4

motion of global commerce and trade.

5

(b) DECLARATION

OF

POLICY.—It is the policy of the

6 United States to fly, sail, and operate throughout the
7 oceans, seas, and airspace of the world wherever inter8 national law allows.
9

(c) IMPLEMENTATION

OF

POLICY.—In furtherance of

10 the policy set forth in subsection (b), the Secretary of De11 fense shall—
12

(1) plan and execute a robust series of routine

13

and regular naval presence missions and freedom of

14

navigation operations (FONOPs) throughout the

15

world, including for critical transportation corridors

16

and key routes for global commerce;

17

(2) execute, in such critical transportation cor-

18

ridors, routine and regular naval presence missions

19

and maritime freedom of navigation operations

20

throughout the year;

21

(3) in addition to the operations executed pursu-

22

ant to paragraph (2), execute routine and regular

23

maritime freedom of navigation operations through-

24

out the year, in accordance with international law,

† HR 2810 PAP

690
1

including the use of expanded military options and

2

maneuvers beyond innocent passage; and

3

(4) to the maximum extent practicable, execute

4

freedom of navigation operations pursuant to this

5

subsection with regional partner countries and allies

6

of the United States.

7

SEC. 1266. SENSE OF CONGRESS ON THE IMPORTANCE OF

8

THE RULE OF LAW IN THE SOUTH CHINA SEA.

9

It is the sense of Congress that—

10

(1) the South China Sea is a vitally important

11

waterway for global commerce and for regional secu-

12

rity, with almost 30 percent of the maritime trade of

13

the world transiting the South China Sea annually;

14

(2) the People’s Republic of China is under-

15

mining regional security and prosperity and chal-

16

lenging international rules and norms by engaging in

17

coercive activities and attempting to limit lawful for-

18

eign operations in the South China Sea;

19

(3) a tribunal determined ‘‘that China had vio-

20

lated the Philippines’ sovereign rights in its exclusive

21

economic zone by (a) interfering with Philippine fish-

22

ing and petroleum exploration, (b) constructing arti-

23

ficial islands and (c) failing to prevent Chinese fish-

24

ermen from fishing in the zone,’’ and that ‘‘Chinese

25

law enforcement vessels had unlawfully created a seri-

† HR 2810 PAP

691
1

ous risk of collision when they physically obstructed

2

Philippine vessels’’;

3

(4) the arbitral tribunal award of July 2016

4

stated that there is ‘‘no legal basis for China to claim

5

historic rights to resources within the sea areas fall-

6

ing within the nine-dash line’’; and

7

(5) the United States should play a vital role in

8

securing the South China Sea and ensuring freedom

9

of navigation and overflight for all countries by un-

10

dertaking freedom of navigation operations on a reg-

11

ular and consistent basis, as well as maintaining per-

12

sistent presence operations in the region.

13

SEC. 1267. SENSE OF CONGRESS ON THE IMPORTANCE OF

14

THE RELATIONSHIP BETWEEN THE UNITED

15

STATES AND JAPAN.

16

It is the sense of Congress that—

17

(1) the United States and Japan are indispen-

18

sable partners in tackling global challenges, and have

19

pledged significant support for efforts to counter vio-

20

lent extremism (including the threat of the Islamic

21

State), combat the proliferation of weapons of mass

22

destruction, prevent piracy, and assist the victims of

23

conflict and disaster worldwide;

24

(2) the security alliance between the United

25

States and Japan has evolved considerably over many

† HR 2810 PAP

692
1

decades and will continue to transform as a partner-

2

ship, sharing greater responsibilities, dedicated to en-

3

suring a secure and prosperous Asia-Pacific region

4

and world;

5

(3) the alliance between the United States and

6

Japan is essential for ensuring maritime security and

7

freedom of navigation, commerce, and overflight in

8

the waters of the East China Sea;

9

(4) Japan, a cornerstone of peace in the Asia-

10

Pacific region, stands as a strong partner of the

11

United States in efforts to uphold respect for the rule

12

of law and to oppose the use of coercion, intimida-

13

tion, or force to change the regional or global status

14

quo, including in the East China Sea and the South

15

China Sea, which are among the busiest waterways in

16

the world;

17

(5) the United States and Japan are committed

18

to working together towards a world in which the

19

Democratic People’s Republic of Korea (DPRK) does

20

not threaten global peace and security with its weap-

21

ons of mass destruction and illicit activities, and in

22

which it respects human rights and its people can live

23

in freedom;

24

(6) the alliance between the United States and

25

Japan should be strengthened to maintain peace and

† HR 2810 PAP

693
1

stability in the Asia-Pacific region and beyond, to

2

confront emerging challenges, and to safeguard mari-

3

time security and ensure freedom of navigation, com-

4

merce, and overflight in the East China Sea and the

5

South China Sea;

6

(7) although the United States Government does

7

not take a position on sovereignty of the Senkaku Is-

8

lands, the United States acknowledges that the islands

9

are under the administration of Japan and opposes

10

any unilateral actions that would seek to undermine

11

their administration by Japan; and

12

(8) the unilateral actions of a third party will

13

not affect the United States acknowledgment of the

14

administration of Japan over the Senkaku Islands,

15

and the United States remains committed under the

16

Treaty of Mutual Cooperation and Security with

17

Japan to respond to any armed attack in the terri-

18

tories under the administration of Japan.

19

SEC. 1268. SENSE OF CONGRESS ON THE IMPORTANCE OF

20

THE UNITED STATES ALLIANCE WITH THE RE-

21

PUBLIC OF KOREA.

22

(a) FINDINGS.—Congress makes the following findings:

23

(1) The Government of North Korea has repeat-

24

edly violated its commitments to the complete,

† HR 2810 PAP

694
1

verifiable, and irreversible dismantlement of its nu-

2

clear weapons programs.

3

(2) Based on its past actions, including the

4

transfer of sensitive nuclear and missile technology to

5

state sponsors of terrorism, North Korea poses a grave

6

risk for the proliferation of nuclear weapons and

7

other weapons of mass destruction.

8

(3) North Korea has—

9

(A) unilaterally withdrawn from the Ko-

10

rean War Armistice Agreement, done at Pan-

11

munjom, Korea, July 27, 1953; and

12
13

(B) committed provocations against South
Korea—

14

(i) by sinking the warship Cheonan

15

and killing 46 of her crew on March 26,

16

2010;

17

(ii) by shelling Yeonpyeong Island and

18

killing 4 South Korea civilians on Novem-

19

ber 23, 2010; and

20

(iii)

by

its

involvement

in

the

21

‘‘DarkSeoul’’ cyberattacks against the fi-

22

nancial and communications interests of the

23

Republic of Korea on March 20, 2013.

† HR 2810 PAP

695
1

(4) North Korea maintains a system of brutal

2

political prison camps that contain as many as

3

200,000 men, women, and children, who are—

4

(A) kept in atrocious living conditions with

5

insufficient food, clothing, and medical care; and

6

(B) under constant fear of rape, torture, or

7

arbitrary execution.

8

(5) The Government of North Korea has provided

9

technical support and conducted destructive and coer-

10

cive cyberattacks including against Sony Pictures

11

Entertainment and other United States persons.

12
13

(6) The conduct of the Government of North
Korea poses an imminent threat to—

14
15

(A) the security of the United States and its
allies;

16

(B) the global economy;

17

(C) the safety of members of the United

18

States Armed Forces;

19
20

(D) the integrity of the global financial system;

21
22

(E) the integrity of global nonproliferation
programs; and

23

(F) the people of North Korea.

† HR 2810 PAP

696
1

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

2 that, in order to achieve the peaceful disarmament of North
3 Korea, the United States should—
4

(1) reaffirm the commitment of the United States

5

to defending our allies in the region, including

6

through the deployment of a Terminal High Altitude

7

Area Defense (THAAD) battery to the Republic of

8

Korea, and the commitment to provide extended deter-

9

rence, guaranteed by the full spectrum of United

10

States defense capabilities, including conventional ca-

11

pabilities, missile defense, and the nuclear umbrella;

12

(2) support ongoing efforts to strengthen the alli-

13

ance between the United States and the Republic of

14

Korea alliance, to protect the 28,500 members of the

15

United States Armed Forces stationed on the Korean

16

Peninsula, and to defend the alliance against any

17

and all provocations committed by the North Korea

18

regime; and

19

(3) support efforts to deepen trilateral coordina-

20

tion and cooperation between the United States, the

21

Republic of Korea, and Japan, to address the grave

22

and growing threat of the ballistic missiles and nu-

23

clear weapons programs of North Korea.

† HR 2810 PAP

697
1

SEC. 1269. SENSE OF CONGRESS ON EXTENDED DETER-

2

RENCE FOR THE KOREAN PENINSULA AND

3

JAPAN.

4

It is the sense of Congress that—

5

(1) the nuclear and missile program of North

6

Korea is one of the most dangerous national security

7

threats facing the United States today; and

8

(2) given the threat posed by North Korea to our

9

allies, the Republic of Korea and Japan, the Nuclear

10

Posture Review that will occur this year should fully

11

consider the perspectives of key allies and partners of

12

the United States in East Asia, including the Repub-

13

lic of Korea and Japan.

14

SEC. 1270. DEFENSE PARTNERSHIP BETWEEN THE UNITED

15
16

STATES AND TAIWAN.

(a) SENSE

OF

CONGRESS.—It is the sense of Congress

17 that United States should strengthen and enhance its long18 standing partnership and strategic cooperation with Tai19 wan, and reinforce its commitment to the Taiwan Relations
20 Act and the ‘‘Six Assurances’’ as both countries work to21 ward mutual security objectives, by—
22

(1) conducting regular transfers of defense arti-

23

cles and defense services necessary to enable Taiwan

24

to secure common interests and objectives with the

25

United States, based solely on the needs of Taiwan;

† HR 2810 PAP

698
1

(2) assisting Taiwan in building an effective air

2

defense capability consisting of a balance of fighters

3

and mobile air defense systems; and

4

(3) inviting Taiwan to participate in multilat-

5

eral training activities hosted by the United States

6

that increase the credible deterrent capabilities of Tai-

7

wan.

8

(b) REPORT

ON

NAVAL PORT

OF

CALL EXCHANGES

9 BETWEEN THE UNITED STATES AND TAIWAN.—
10

(1) REPORT

REQUIRED.—Not

later than Sep-

11

tember 1, 2018, the Secretary of Defense shall submit

12

to the appropriate committees of Congress a report on

13

the following:

14

(A) An assessment and planning regarding

15

ports of call by the United States Navy at

16

Kaohsiung, or any other suitable port or ports

17

on the island of Taiwan.

18

(B) An assessment of the feasibility and ad-

19

visability of permitting the United States Pacific

20

Command (PACOM) to receive ports of call by

21

the navy of Taiwan in Hawaii, Guam, and

22

other appropriate locations.

23

(2) FORM.—The report required by paragraph

24

(1) shall be submitted in unclassified form, but may

25

include a classified annex.

† HR 2810 PAP

699
1

(3) APPROPRIATE

COMMITTEES OF CONGRESS

2

DEFINED.—In

3

committees of Congress’’ means—

this subsection, the term ‘‘appropriate

4

(A) the Committee on Armed Services and

5

the Committee on Foreign Relations of the Sen-

6

ate; and

7

(B) the Committee on Armed Services and

8

the Committee on Foreign Affairs of the House

9

of Representatives.

10

SEC. 1270A. NAVAL PORT OF CALL EXCHANGES BETWEEN

11
12

THE UNITED STATES AND TAIWAN.

The Secretary of Defense shall—

13

(1) reestablish regular ports of call by the United

14

States Navy at Kaohsiung or any other suitable port

15

or ports on the island of Taiwan; and

16

(2) permit the United States Pacific Command

17

(PACOM) to receive ports of call by the navy of Tai-

18

wan in Hawaii, Guam, and other appropriate loca-

19

tions.

20

SEC. 1270B. PROGRAM TO ENHANCE THE UNDERSEA WAR-

21

FARE CAPABILITIES OF TAIWAN.

22

The Secretary of Defense shall implement a program

23 of technical assistance and consultation to support the ef24 forts of Taiwan to develop indigenous undersea warfare ca-

† HR 2810 PAP

700
1 pabilities, including vehicles and sea mines, for its military
2 forces.
3

SEC. 1270C. INVITATION OF TAIWAN MILITARY FORCES TO

4

PARTICIPATE IN JOINT MILITARY EXERCISES.

5

The Secretary of Defense shall invite the military

6 forces of Taiwan to participate in one of the military exer7 cises known as the ‘‘Red Flag’’ exercises, conducted at
8 Eielson Air Force Base, Alaska, and Nellis Air Force Base,
9 Nevada, that are conducted during the one-year period be10 ginning on the date of the enactment of this Act.
11

SEC. 1270D. REPORT ON MILITARY EXCHANGES BETWEEN

12

SENIOR OFFICERS AND OFFICIALS OF THE

13

UNITED STATES AND TAIWAN.

14

Not later than April 1, 2018, the Secretary of Defense

15 shall submit to the congressional defense committees a re16 port that includes the following:
17

(1) A list of actions taken to implement the rec-

18

ommendations contained in section 1284 of the Na-

19

tional Defense Authorization Act for Fiscal Year 2017

20

(Public Law 114–328; 130 Stat. 2544).

21

(2) A description of future plans to implement

22

the recommendations contained in section 1284 of the

23

National Defense Authorization Act for Fiscal Year

24

2017.

† HR 2810 PAP

701
1

(3) If no actions have been taken to implement

2

the recommendations contained in section 1284 of the

3

National Defense Authorization Act for Fiscal Year

4

2017 or there are no future plans to implement the

5

recommendations, the reasons why.

6

Subtitle F—Reports

7

SEC. 1271. SUBMITTAL OF DEPARTMENT OF DEFENSE SUP-

8

PLEMENTAL AND COST OF WAR EXECUTION

9

REPORTS ON QUARTERLY BASIS.

10

Subsection (c) of section 1212 of the National Defense

11 Authorization Act for Fiscal Year 2006 (10 U.S.C. 113
12 note) is amended to read as follows:
13
14

‘‘(c) QUARTERLY SUBMITTAL
OF

CERTAIN REPORTS

ON

TO

CONGRESS

AND

GAO

COSTS.—Not later than 45 days

15 after the end of each fiscal year quarter, the Secretary of
16 Defense shall submit to the congressional defense committees
17 and the Comptroller General of the United States the De18 partment of Defense Supplemental and Cost of War Execu19 tion report for such fiscal year quarter.’’.

† HR 2810 PAP

702
1

SEC.

1272.

CONSOLIDATION

OF

REPORTS

ON

UNITED

2

STATES ARMED FORCES, CIVILIAN EMPLOY-

3

EES, AND CONTRACTORS DEPLOYED IN SUP-

4

PORT OF OPERATION INHERENT RESOLVE

5

AND OPERATION FREEDOM’S SENTINEL.

6

(a) REPORTS REQUIRED.—Not later than 30 days

7 after the date of the enactment of this Act, and every 90
8 days thereafter, the Secretary of Defense shall submit to the
9 congressional defense committees a report on United States
10 Armed Forces, Department of Defense civilian employees,
11 and Department of Defense contractor employees deployed
12 in support of Operation Inherent Resolve and Operation
13 Freedom’s Sentinel.
14

(b) ELEMENTS.—Each report under subsection (a)

15 shall include the following:
16

(1) The total number of members of the United

17

States Armed Forces, set forth by Armed Force and

18

component (whether regular, National Guard, or Re-

19

serve), Department of Defense civilian employees, and

20

Department of Defense contractor employees deployed

21

in support of Operation Inherent Resolve and Oper-

22

ation Freedom’s Sentinel for the most recent month

23

for which data is available.

24

(2) An estimate for the 3-month period following

25

the date on which the report is submitted of the total

26

number of members of the United States Armed
† HR 2810 PAP

703
1

Forces, set forth by Armed Force and component

2

(whether regular, National Guard, or Reserve), De-

3

partment civilian employees, and Department con-

4

tractor employees to be deployed in support of Oper-

5

ation Inherent Resolve and Operation Freedom’s Sen-

6

tinel.

7

(3) A description of any limitations on the num-

8

ber of United States Armed Forces, Department civil-

9

ian employees, and Department contractor employees

10

deployed in support of Operation Inherent Resolve

11

and Operation Freedom’s Sentinel.

12

(4) A description of military functions that are

13

and are not subject to the limitations described in

14

paragraph (3).

15

(5) The total number of members of the United

16

States Armed Forces, set forth by Armed Force and

17

component (whether regular, National Guard, or Re-

18

serve), Department civilian employees, and Depart-

19

ment contractor employees deployed in support of Op-

20

eration Inherent Resolve or Operation Freedom’s Sen-

21

tinel that are not subject to the limitations described

22

in paragraph (3) for the most recent month for which

23

data is available.

24
25

(6) Any changes to the limitations described in
paragraph (3), and the rationale for such changes.

† HR 2810 PAP

704
1

(7) Any other matters the Secretary considers

2

appropriate.

3

(c) FORM.—If any report under subsection (a) is sub-

4 mitted in classified form, such report shall be accompanied
5 by an unclassified summary that includes, at a minimum,
6 the information required by subsection (b)(1).
7

(d) SUNSET.—The requirement to submit reports

8 under this section shall terminate on the earlier of—
9

(1) the date on which Operation Inherent Resolve

10

and Operation Freedom’s Sentinel terminate, which-

11

ever is later; or

12

(2) the date that is five years after the date of

13

the enactment of this Act.

14

(e) REPEAL

OF

SUPERSEDED PROVISION.—Section

15 1224 of the National Defense Authorization Act for Fiscal
16 Year 2016 (Public Law 114–92; 129 Stat. 1053) is repealed.
17

Subtitle G—Other Matters

18

SEC. 1281. MODIFICATION OF AVAILABILITY OF FUNDS IN

19

SPECIAL DEFENSE ACQUISITION FUND FOR

20

PRECISION GUIDED MUNITIONS.

21

(a) IN GENERAL.—Section 114(c)(3) of title 10,

22 United States Code, is amended—
23

(1) by striking ‘‘amount available’’ and all that

24

follows

25

‘‘amount of obligation authority available from the

† HR 2810 PAP

through

‘‘$500,000,000’’

and

inserting

705
1

Special Defense Acquisition Fund in any fiscal year

2

after fiscal year 2017, 20 percent’’; and

3

(2) by inserting after ‘‘precision guided muni-

4

tions’’ the following: ‘‘, and associated support equip-

5

ment and services,’’.

6

(b) EFFECTIVE DATE.—The amendments made by sub-

7 section (a) shall take effect on October 1, 2017.
8

SEC. 1282. USE OF FUNDS IN THE UNITED STATES FOR CER-

9

TAIN UNITED STATES-ISRAEL ANTI-TUNNEL

10
11

COOPERATION ACTIVITIES.

(a) IN GENERAL.—Section 1279(b) of the National De-

12 fense Authorization Act for Fiscal Year 2016 (22 U.S.C.
13 8606(b)) is amended by adding at the end the following new
14 paragraph:
15

‘‘(5) USE

OF CERTAIN AMOUNT FOR RDT&E IN

16

US.—Of

17

support under paragraph (1), not less than 50 percent

18

of such amount shall be used for research, develop-

19

ment, test, and evaluation activities in the United

20

States in connection with such support.’’.

21

(b) REPEAL

the amount provided by the United States in

OF

SUPERSEDED LIMITATION.—Section

22 1295 of the National Defense Authorization Act for Fiscal
23 Year 2017 (Public Law 114–328; 130 Stat. 2562) is amend24 ed by striking subsection (c).

† HR 2810 PAP

706
1

SEC. 1283. FOREIGN MILITARY SALES LETTERS OF REQUEST

2

FOR PRICING AND AVAILABILITY.

3

Before delivering a formal pricing and availability re-

4 sponse to a foreign customer with respect to a foreign mili5 tary sale, the Department of Defense implementing agency
6 shall consult with relevant United States commercial enti7 ties that would be involved in the foreign military sale case.
8 If as a result of such consultation a commercial entity de9 termines that the pricing and availability factors being de10 veloped by the implementing agency are not accurate, the
11 implementing agency and the commercial entity shall each
12 provide a justification with respect to the differences to the
13 Defense Security Cooperation Agency within 30 days of the
14 implementing agency being notified of such discrepancy.
15

SEC. 1284. SENSE OF CONGRESS ON REAFFIRMING STRA-

16

TEGIC PARTNERSHIPS AND ALLIES.

17

(a) FINDINGS.—Congress makes the following findings:

18

(1) Since World War II, the United States has

19

sought partnership and cooperation in establishing a

20

rules-based international order which has resulted in

21

one of the most prosperous periods of human history.

22

(2) The United States is signatory to seven mu-

23

tual defense treaties with 56 different countries.

24

(3) One of the United States defense alliances is

25

the 29-nation-strong North Atlantic Treaty Organiza-

† HR 2810 PAP

707
1

tion (NATO) which is celebrating its 68th anniver-

2

sary.

3

(4) The United States has not faced a more di-

4

verse and complex array of crises and threats, includ-

5

ing the emergence of competitors like Russia and

6

China, increasingly unstable threats from North

7

Korea and Iran, and the continued threat from

8

transnational violent extremist groups like the Is-

9

lamic State and al–Qaeda.

10

(5) The strain of a decreased military budget has

11

decreased capability at precisely the time when de-

12

mand for United States military strength has in-

13

creased.

14

(6) Fifteen years of continuous war has stymied

15

military modernization, focused training on asym-

16

metrical warfare over large-scale conflicts.

17

(7) Secretary of Defense James Mattis stated

18

that ‘‘alliances provide avenues for peace, fostering

19

the conditions for economic growth with countries

20

that share the same vision, while tempering the plans

21

of those who would attack other nations or try to im-

22

pose their will over the less powerful’’.

23

(b) SENSE

24 that—

† HR 2810 PAP

OF

CONGRESS.—It is the sense of Congress

708
1

(1) the United States is an ally rich nation and

2

our potential competitors—such as Russia, China,

3

and North Korea—are ally poor;

4

(2) United States allies and partners are critical

5

to defending peace and prosperity throughout the

6

world;

7

(3) the rules-based international order supported

8

by the United States and its allies has ensured—and

9

will continue to promote—an international system

10

that benefits all nations;

11

(4) throughout the world, the United States will

12

continue to foster relationships with nations of like

13

minds and beliefs;

14

(5) as the United States manages multiple stra-

15

tegic challenges, our enduring strength remains in al-

16

liances such as the North Atlantic Treaty Organiza-

17

tion; and

18

(6) the United States will continue to deepen al-

19

liances and expand them, and will take no ally for

20

granted.

21

SEC. 1285. SENSE OF CONGRESS ON CONSIDERATION OF IM-

22

PACT OF MARINE DEBRIS IN TRADE AGREE-

23

MENTS.

24

Recognizing that the Senate unanimously agreed to S.

25 756, an Act to reauthorize and amend the Marine Debris

† HR 2810 PAP

709
1 Act to promote international action to reduce marine de2 bris, and for other purposes (commonly referred to as the
3 ‘‘Save Our Seas Act of 2017’’) on August 3, 2017, Congress
4 encourages the United States Trade Representative to con5 sider the impact of marine debris, particularly plastic
6 waste, in relevant trade agreements entered into or nego7 tiated after the date of the enactment of this Act.

TITLE XIII—COOPERATIVE
THREAT REDUCTION

8
9
10

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-

11

DUCTION FUNDS.

12
13

(a) FISCAL YEAR 2018 COOPERATIVE THREAT REDUCTION

FUNDS DEFINED.—In this title, the term ‘‘fiscal year

14 2018 Cooperative Threat Reduction funds’’ means the funds
15 appropriated pursuant to the authorization of appropria16 tions in section 301 and made available by the funding
17 table in section 4301 for the Department of Defense Cooper18 ative Threat Reduction Program established under section
19 1321 of the Department of Defense Cooperative Threat Re20 duction Act (50 U.S.C. 3711).
21

(b) AVAILABILITY

OF

FUNDS.—Funds appropriated

22 pursuant to the authorization of appropriations in section
23 301 and made available by the funding table in section
24 4301 for the Department of Defense Cooperative Threat Re-

† HR 2810 PAP

710
1 duction Program shall be available for obligation for fiscal
2 years 2018, 2019, and 2020.
3
4

SEC. 1302. FUNDING ALLOCATIONS.

Of the $324,600,000 authorized to be appropriated to

5 the Department of Defense for fiscal year 2018 in section
6 301 and made available by the funding table in section
7 4301 for the Department of Defense Cooperative Threat Re8 duction Program established under section 1321 of the De9 partment of Defense Cooperative Threat Reduction Act (50
10 U.S.C. 3711), the following amounts may be obligated for
11 the purposes specified:
12

(1) For strategic offensive arms elimination,

13

$12,100,000.

14

(2)

15

For

chemical

weapons

destruction,

$5,000,000.

16

(3) For global nuclear security, $17,900,000.

17

(4)

18

$172,800,000.

For

cooperative

biological

engagement,

19

(5) For proliferation prevention, $89,800,000.

20

(6) For activities designated as Other Assess-

21

ments/Administrative Costs, $27,000,000.

† HR 2810 PAP

711
1
2
3
4
5

TITLE XIV—OTHER
AUTHORIZATIONS
Subtitle A—Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fis-

6 cal year 2018 for the use of the Armed Forces and other
7 activities and agencies of the Department of Defense for
8 providing capital for working capital and revolving funds,
9 as specified in the funding table in section 4501.
10

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC-

11
12

TION, DEFENSE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

13 hereby authorized to be appropriated for the Department
14 of Defense for fiscal year 2018 for expenses, not otherwise
15 provided for, for Chemical Agents and Munitions Destruc16 tion, Defense, as specified in the funding table in section
17 4501.
18

(b) USE.—Amounts authorized to be appropriated

19 under subsection (a) are authorized for—
20

(1) the destruction of lethal chemical agents and

21

munitions in accordance with section 1412 of the De-

22

partment of Defense Authorization Act, 1986 (50

23

U.S.C. 1521); and

† HR 2810 PAP

712
1

(2) the destruction of chemical warfare materiel

2

of the United States that is not covered by section

3

1412 of such Act.

4

SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC-

5
6

TIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the

7 Department of Defense for fiscal year 2018 for expenses, not
8 otherwise provided for, for Drug Interdiction and Counter9 Drug Activities, Defense-wide, as specified in the funding
10 table in section 4501.
11
12

SEC. 1404. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the

13 Department of Defense for fiscal year 2018 for expenses, not
14 otherwise provided for, for the Office of the Inspector Gen15 eral of the Department of Defense, as specified in the fund16 ing table in section 4501.
17
18

SEC. 1405. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fis-

19 cal year 2018 for the Defense Health Program, as specified
20 in the funding table in section 4501, for use of the Armed
21 Forces and other activities and agencies of the Department
22 of Defense in providing for the health of eligible bene23 ficiaries.

† HR 2810 PAP

713

2

Subtitle B—National Defense
Stockpile

3

SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATE-

4

RIALS FROM AND TO ACQUIRE ADDITIONAL

5

MATERIALS FOR THE NATIONAL DEFENSE

6

STOCKPILE.

1

7

(a) DISPOSAL AUTHORITY.—Pursuant to section 5(b)

8 of the Strategic and Critical Materials Stock Piling Act (50
9 U.S.C. 98d(b)), the National Defense Stockpile Manager
10 may dispose of not more than 25 short tons of materials
11 transferred from another department or agency of the
12 United States to the National Defense Stockpile under sec13 tion 4(b) of such Act (50 U.S.C. 98c(b)) that the National
14 Defense Stockpile Manager determines is no longer required
15 from the stockpile.
16

(b) ACQUISITION AUTHORITY.—

17

(1) AUTHORITY.—Using funds available in the

18

National Defense Stockpile Transaction Fund, the

19

National Defense Stockpile Manager may acquire the

20

following materials determined to be strategic and

21

critical materials required to meet the defense, indus-

22

trial, and essential civilian needs of the United

23

States:

24

(A) Electrolytic manganese metal.

25

(B) Antimony.
† HR 2810 PAP

714
1

(2) AMOUNT

OF AUTHORITY.—The

National De-

2

fense Stockpile Manager may use up to $9,000,000 in

3

the National Defense Stockpile Transaction Fund for

4

acquisition of the materials specified in paragraph

5

(1).

6

(3) FISCAL

YEAR LIMITATION.—The

authority

7

under paragraph (1) is available for purchases dur-

8

ing fiscal year 2018 through fiscal year 2027.

9
10

Subtitle C—Chemical
Demilitarization Matters

11

SEC. 1421. ACQUISITION REPORTING ON MAJOR CHEMICAL

12

DEMILITARIZATION PROGRAMS OF THE DE-

13

PARTMENT OF DEFENSE.

14

(a) REPORTING

ON

MAJOR PROGRAMS.—Acquisition

15 reporting on each major program within the chemical de16 militarization programs of the Department of Defense, in17 cluding construction in connection with such program,
18 shall—
19
20

(1) comply with reporting guidelines for an Acquisition Category 1 (ACAT 1) system; and

21

(2) be reported separately from acquisition re-

22

porting on the other major program within the chem-

23

ical demilitarization programs of the Department of

24

Defense.

† HR 2810 PAP

715
1
2

(b) MAJOR PROGRAM WITHIN THE CHEMICAL DEMILITARIZATION

PROGRAMS OF THE DEPARTMENT OF DEFENSE

3 DEFINED.—In this section, the term ‘‘major program with4 in the chemical demilitarization programs of the Depart5 ment of Defense’’ means each program as follows:
6

(1) Pueblo Chemical Agent Destruction Pilot

7

Plant program, Colorado.

8

(2) Blue Grass Chemical Agent Destruction Pilot

9

Plant program, Kentucky.

Subtitle D—Armed Forces
Retirement Home

10
11
12

SEC.

1431.

AUTHORIZATION

OF

APPROPRIATIONS

FOR

13

ARMED FORCES RETIREMENT HOME.

14

There is hereby authorized to be appropriated for fiscal

15 year 2018 from the Armed Forces Retirement Home Trust
16 Fund the sum of $64,300,000 for the operation of the Armed
17 Forces Retirement Home.
18

SEC. 1432. ARMED FORCES RETIREMENT HOME MATTERS.

19
20

OF

(a) TERMINATION

OF

OVERSIGHT RESPONSIBILITIES

UNDER SECRETARY

OF

DEFENSE

FOR

PERSONNEL

AND

21 READINESS.—
22

(1) SENIOR

MEDICAL ADVISOR.—Section

1513A

23

of the Armed Forces Retirement Home Act of 1991

24

(24 U.S.C. 413a) is amended—

† HR 2810 PAP

716
1

(A) in subsection (b), by striking ‘‘the

2

Under Secretary of Defense for Personnel and

3

Readiness,’’ in the matter preceding paragraph

4

(1); and

5

(B) in subsection (c)(4), by striking ‘‘the

6

Under Secretary of Defense for Personnel and

7

Readiness’’ and inserting ‘‘the Secretary of De-

8

fense’’.

9

(2) OMBUDSMEN.—Section 1517(e)(2) of such

10

Act (24 U.S.C. 417(e)(2)) is amended by striking ‘‘the

11

Under Secretary of Defense for Personnel and Readi-

12

ness’’ and inserting ‘‘the Secretary of Defense’’.

13
14

(3) INSPECTIONS.—Section 1518 of such Act (24
U.S.C. 418) is amended—

15

(A) in subsection (c)(1), by striking ‘‘the

16

Under Secretary of Defense for Personnel and

17

Readiness,’’; and

18

(B) in subsection (e)(1), by striking ‘‘the

19

Under Secretary of Defense for Personnel and

20

Readiness’’ and inserting ‘‘the Secretary of De-

21

fense’’.

22

(b) ADVISORY COUNCIL.—Section 1516 of such Act (24

23 U.S.C. 416) is amended—

† HR 2810 PAP

717
1

(1) in subsection (c)(1), by striking ‘‘15 mem-

2

bers,’’ and all that follows and inserting ‘‘15 mem-

3

bers.’’; and

4

(2) in subsection (f)(1), by striking ‘‘shall’’ and

5

inserting ‘‘may’’.

6

(c) ADMINISTRATORS.—Section 1517(b) of such Act

7 (24 U.S.C. 417(b)) is amended—
8
9
10
11
12
13
14
15

(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) in paragraph (3), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) serve at the pleasure of the Secretary of Defense.’’.

16

Subtitle E—Other Matters

17

SEC. 1441. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT

18

DEPARTMENT OF DEFENSE-DEPARTMENT OF

19

VETERANS AFFAIRS MEDICAL FACILITY DEM-

20

ONSTRATION FUND FOR CAPTAIN JAMES A.

21

LOVELL HEALTH CARE CENTER, ILLINOIS.

22

(a) AUTHORITY

FOR

TRANSFER

OF

FUNDS.—Of the

23 funds authorized to be appropriated by section 1405 and
24 available for the Defense Health Program for operation and
25 maintenance, $115,500,000 may be transferred by the Sec-

† HR 2810 PAP

718
1 retary of Defense to the Joint Department of Defense–De2 partment of Veterans Affairs Medical Facility Demonstra3 tion Fund established by subsection (a)(1) of section 1704
4 of the National Defense Authorization Act for Fiscal Year
5 2010 (Public Law 111–84; 123 Stat. 2571). For purposes
6 of subsection (a)(2) of such section 1704, any funds so
7 transferred shall be treated as amounts authorized and ap8 propriated specifically for the purpose of such a transfer.
9

(b) USE

OF

TRANSFERRED FUNDS.—For the purposes

10 of subsection (b) of such section 1704, facility operations
11 for which funds transferred under subsection (a) may be
12 used are operations of the Captain James A. Lovell Federal
13 Health Care Center, consisting of the North Chicago Vet14 erans Affairs Medical Center, the Navy Ambulatory Care
15 Center, and supporting facilities designated as a combined
16 Federal medical facility under an operational agreement
17 covered by section 706 of the Duncan Hunter National De18 fense Authorization Act for Fiscal Year 2009 (Public Law
19 110–417; 122 Stat. 4500).
20

SEC. 1442. ENHANCEMENT OF DATABASE OF EMERGENCY

21

RESPONSE CAPABILITIES OF THE DEPART-

22

MENT OF DEFENSE.

23

(a) IN GENERAL.—Section 1406 of the John Warner

24 National Defense Authorization Act for Fiscal Year 2007

† HR 2810 PAP

719
1 (Public Law 109–364; 120 Stat. 2436; 10 U.S.C. 113 note)
2 is amended—
3

(1) by striking ‘‘The Secretary of Defense shall

4

maintain’’ and inserting the following:

5

‘‘(a) IN GENERAL.—The Secretary of Defense shall es-

6 tablish and maintain’’; and
7

(2) in paragraph (2)—

8

(A) by inserting ‘‘(including cyber capabili-

9

ties)’’ after ‘‘emergency response capabilities’’;

10

and

11

(B) by inserting ‘‘(including units of the

12

National Guard and Reserves)’’ after ‘‘identifica-

13

tion of the units’’.

14

(b) INFORMATION REQUIRED TO KEEP DATABASE

15 CURRENT.—Such section is further amended by adding at
16 the end the following new subsection:
17

‘‘(b) INFORMATION REQUIRED TO KEEP DATABASE

18 CURRENT.—In implementing and maintaining the data19 base required by subsection (a), the Secretary shall identify
20 and revise the information required to be included in the
21 database at least once every two years for purposes of keep22 ing the database current.’’.

† HR 2810 PAP

720

6

TITLE XV—AUTHORIZATION OF
ADDITIONAL
APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A—Authorization of
Appropriations

7

SEC. 1501. PURPOSE.

1
2
3
4
5

8

The purpose of this subtitle is to authorize appropria-

9 tions for the Department of Defense for fiscal year 2018
10 to provide additional funds for overseas contingency oper11 ations being carried out by the Armed Forces.
12
13

SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.

Funds are hereby authorized to be appropriated for fis-

14 cal year 2018 for the Department of Defense for overseas
15 contingency operations in such amounts as may be des16 ignated as provided in section 251(b)(2)(A)(ii) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985.
18
19

SEC. 1503. PROCUREMENT.

Funds are hereby authorized to be appropriated for fis-

20 cal year 2018 for procurement accounts for the Army, the
21 Navy and the Marine Corps, the Air Force, and Defense22 wide activities, as specified in the funding table in section
23 4102.

† HR 2810 PAP

721
1

SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-

2
3

TION.

Funds are hereby authorized to be appropriated for fis-

4 cal year 2018 for the use of the Department of Defense for
5 research, development, test, and evaluation, as specified in
6 the funding table in section 4202.
7
8

SEC. 1505. OPERATION AND MAINTENANCE.

Funds are hereby authorized to be appropriated for fis-

9 cal year 2018 for the use of the Armed Forces and other
10 activities and agencies of the Department of Defense for ex11 penses, not otherwise provided for, for operation and main12 tenance, as specified in the funding table in section 4302.
13
14

SEC. 1506. MILITARY PERSONNEL.

Funds are hereby authorized to be appropriated for fis-

15 cal year 2018 for the use of the Armed Forces and other
16 activities and agencies of the Department of Defense for ex17 penses, not otherwise provided for, for military personnel,
18 as specified in the funding table in section 4402.
19
20

SEC. 1507. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fis-

21 cal year 2018 for the use of the Armed Forces and other
22 activities and agencies of the Department of Defense for
23 providing capital for working capital and revolving funds,
24 as specified in the funding table in section 4502.

† HR 2810 PAP

722
1

SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG AC-

2
3

TIVITIES, DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the

4 Department of Defense for fiscal year 2018 for expenses, not
5 otherwise provided for, for Drug Interdiction and Counter6 Drug Activities, Defense-wide, as specified in the funding
7 table in section 4502.
8
9

SEC. 1509. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the

10 Department of Defense for fiscal year 2018 for expenses, not
11 otherwise provided for, for the Office of the Inspector Gen12 eral of the Department of Defense, as specified in the fund13 ing table in section 4502.
14
15

SEC. 1510. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for the

16 Department of Defense for fiscal year 2018 for expenses, not
17 otherwise provided for, for the Defense Health Program, as
18 specified in the funding table in section 4502.
19
20
21

Subtitle B—Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

The amounts authorized to be appropriated by this

22 title are in addition to amounts otherwise authorized to be
23 appropriated by this Act.
24
25

SEC. 1522. SPECIAL TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

† HR 2810 PAP

723
1

(1) AUTHORITY.—Upon determination by the

2

Secretary of Defense that such action is necessary in

3

the national interest, the Secretary may transfer

4

amounts of authorizations made available to the De-

5

partment of Defense in this title for fiscal year 2018

6

between any such authorizations for that fiscal year

7

(or any subdivisions thereof). Amounts of authoriza-

8

tions so transferred shall be merged with and be

9

available for the same purposes as the authorization

10

to which transferred.

11

(2) LIMITATION.—The total amount of author-

12

izations that the Secretary may transfer under the

13

authority

14

$3,500,000,000.

15

(b) TERMS

of

AND

this

subsection

may

not

exceed

CONDITIONS.—Transfers under this

16 section shall be subject to the same terms and conditions
17 as transfers under section 1001.
18

(c) ADDITIONAL AUTHORITY.—The transfer authority

19 provided by this section is in addition to the transfer au20 thority provided under section 1001.
21

Subtitle C—Other Matters

22

SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.

23
24

(a) CONTINUATION
TICE AND

OF

PRIOR AUTHORITIES

AND

NO -

REPORTING REQUIREMENTS.—Funds available

25 to the Department of Defense for the Afghanistan Security

† HR 2810 PAP

724
1 Forces Fund for fiscal year 2018 shall be subject to the con2 ditions contained in subsections (b) through (g) of section
3 1513 of the National Defense Authorization Act for Fiscal
4 Year 2008 (Public Law 110–181; 122 Stat. 428), as amend5 ed by section 1531(b) of the Ike Skelton National Defense
6 Authorization Act for Fiscal Year 2011 (Public Law 111–
7 383; 124 Stat. 4424).
8
9

(b) EQUIPMENT DISPOSITION.—
(1) ACCEPTANCE

OF CERTAIN EQUIPMENT.—Sub-

10

ject to paragraph (2), the Secretary of Defense may

11

accept equipment that is procured using amounts in

12

the Afghanistan Security Forces Fund authorized

13

under this Act and is intended for transfer to the se-

14

curity forces of Afghanistan, but is not accepted by

15

such security forces.

16

(2) CONDITIONS

ON

ACCEPTANCE

OF

EQUIP-

17

MENT.—Before

18

authority provided by paragraph (1), the Commander

19

of United States forces in Afghanistan shall make a

20

determination that the equipment was procured for

21

the purpose of meeting requirements of the security

22

forces of Afghanistan, as agreed to by both the Gov-

23

ernment of Afghanistan and the United States, but is

24

no longer required by such security forces or was

25

damaged before transfer to such security forces.

† HR 2810 PAP

accepting any equipment under the

725
1

(3) ELEMENTS

OF DETERMINATION.—In

making

2

a determination under paragraph (2) regarding

3

equipment, the Commander of United States forces in

4

Afghanistan shall consider alternatives to Secretary of

5

Defense acceptance of the equipment. An explanation

6

of each determination, including the basis for the de-

7

termination and the alternatives considered, shall be

8

included in the relevant quarterly report required

9

under paragraph (5).

10

(4) TREATMENT

AS DEPARTMENT OF DEFENSE

11

STOCKS.—Equipment

accepted under the authority

12

provided by paragraph (1) may be treated as stocks

13

of the Department of Defense upon notification to the

14

congressional defense committees of such treatment.

15
16

(5) QUARTERLY

REPORTS ON EQUIPMENT DIS-

POSITION.—

17

(A) IN

GENERAL.—Not

later than 90 days

18

after the date of the enactment of this Act and

19

every 90-day period thereafter during which the

20

authority provided by paragraph (1) is exer-

21

cised, the Secretary of Defense shall submit to the

22

congressional defense committees a report de-

23

scribing the equipment accepted during the pe-

24

riod covered by such report under the following:

25

(i) This subsection.

† HR 2810 PAP

726
1

(ii) Section 1521(b) of the National

2

Defense Authorization Act for Fiscal Year

3

2017 (Public Law 114–328; 130 Stat.

4

2575).

5

(iii) Section 1531(b) of the National

6

Defense Authorization Act for Fiscal Year

7

2016 (Public Law 114–92; 129 Stat. 1088).

8

(iv) Section 1532(b) of the Carl Levin

9

and Howard P. ‘‘Buck’’ McKeon National

10

Defense Authorization Act for Fiscal Year

11

2015 (Public Law 113–291; 128 Stat.

12

3613).

13

(v) Section 1531(d) of the National De-

14

fense Authorization Act for Fiscal Year

15

2014 (Public Law 113–66; 127 Stat. 938;

16

10 U.S.C. 2302 note).

17

(B) ELEMENTS.—Each report under sub-

18

paragraph (A) shall include a list of all equip-

19

ment that was accepted during the period cov-

20

ered by the report and treated as stocks of the

21

Department of Defense and copies of the deter-

22

minations made under paragraph (2), as re-

23

quired by paragraph (3).

24

(c) SECURITY OF AFGHAN WOMEN.—

† HR 2810 PAP

727
1

(1) IN

GENERAL.—Of

the funds available to the

2

Department of Defense for the Afghan Security Forces

3

Fund for fiscal year 2018, it is the goal that

4

$25,000,000, but in no event less than $10,000,000,

5

shall be used for—

6

(A) the recruitment, integration, retention,

7

training, and treatment of women in the Afghan

8

National Defense and Security Forces; and

9

(B) the recruitment, training, and con-

10

tracting of female security personnel for future

11

elections.

12

(2) TYPES

13

OF PROGRAMS AND ACTIVITIES.—Such

programs and activities may include—

14

(A) efforts to recruit women into the Afghan

15

National Defense and Security Forces, including

16

the special operations forces;

17

(B) programs and activities of the Afghan

18

Ministry of Defense Directorate of Human

19

Rights and Gender Integration and the Afghan

20

Ministry of Interior Office of Human Rights,

21

Gender and Child Rights;

22

(C) development and dissemination of gen-

23

der and human rights educational and training

24

materials and programs within the Afghan Min-

† HR 2810 PAP

728
1

istry of Defense and the Afghan Ministry of Inte-

2

rior;

3

(D) efforts to address harassment and vio-

4

lence against women within the Afghan National

5

Defense and Security Forces;

6

(E) improvements to infrastructure that ad-

7

dress the requirements of women serving in the

8

Afghan National Defense and Security Forces,

9

including appropriate equipment for female se-

10

curity and police forces, and transportation for

11

policewomen to their station;

12
13

(F) support for Afghanistan National Police
Family Response Units; and

14
15
16
17

(G) security provisions for high-profile female police and army officers.
(d) INSPECTOR GENERAL OVERSIGHT OF FUND.—
(1) QUALITY

STANDARDS FOR IG PRODUCTS.—

18

Except as provided in paragraph (3), each product

19

published or issued by an Inspector General relating

20

to the oversight of programs and activities funded

21

under the Afghanistan Security Forces Fund shall be

22

prepared—

23

(A) in accordance with the Generally Ac-

24

cepted Government Auditing Standards/Govern-

25

ment Auditing Standards (GAGAS/GAS), as

† HR 2810 PAP

729
1

issued and updated by the Government Account-

2

ability Office; or

3

(B) if not prepared in accordance with the

4

standards referred to in subparagraph (A), in

5

accordance with the Quality Standards for In-

6

spection and Evaluation issued by the Council of

7

the Inspectors General on Integrity and Effi-

8

ciency (commonly referred to as the ‘‘CIGIE

9

Blue Book’’).

10

(2) SPECIFICATION

OF QUALITY STANDARDS FOL-

11

LOWED.—Each

12

spector General relating to the oversight of programs

13

and activities funded under the Afghanistan Security

14

Forces Fund shall cite within such product the qual-

15

ity standards followed in conducting and reporting

16

the work concerned.

product published or issued by an In-

17

(3) WAIVER.—The Lead Inspector General for

18

Operation Freedom’s Sentinel may waive the applica-

19

bility of paragraph (1) to a specific product relating

20

to the oversight by an Inspector General of activities

21

and programs funded under the Afghanistan Security

22

Forces Fund if the Lead Inspector General determines

23

that the waiver would facilitate timely efforts to pro-

24

mote efficiency and effectiveness and prevent, detect,

25

and deter fraud, waste, and abuse. Any product pub-

† HR 2810 PAP

730
1

lished or issued pursuant to a waiver under this

2

paragraph shall include a statement that work for

3

such product was not conducted in accordance with

4

the standards referred to in paragraph (1) and an ex-

5

planation why such standards were not employed.

6

TITLE
XVI—STRATEGIC
PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A—Space Activities

7
8
9
10
11

SEC. 1601. AIR FORCE SPACE COMMAND.

(a) IN GENERAL.—Chapter 135 of title 10, United

12 States Code, is amended by adding at the end the following
13 new section:
14 ‘‘§ 2279c. Air Force Space Command
15

‘‘(a) IN GENERAL.—The head of the Air Force Space

16 Command shall be the Commander of the Air Force Space
17 Command, who shall be appointed in accordance with sec18 tion 601 of this title.
19

‘‘(b) TERM.—The Commander shall be appointed to

20 serve a term of six years, and the Secretary of Defense
21 may—
22

‘‘(1) terminate, or propose to extend for a period

23

of four years, the term of the appointment of the Com-

24

mander; or

† HR 2810 PAP

731
1

‘‘(2) propose to promote the individual serving

2

as the Commander during that term of appoint-

3

ment.’’.

4

(b) CLERICAL AMENDMENT.—The table of sections for

5 such chapter is amended by inserting after the item relating
6 to section 2279b the following new item:
‘‘2279c. Air Force Space Command.’’.

7

SEC. 1602. AIR FORCE SPACE CONTRACTOR RESPONSI-

8
9

BILITY WATCH LIST.

(a) IN GENERAL.—The Commander of the Air Force

10 Space and Missile Systems Center shall establish and main11 tain a watch list of contractors with a history of poor per12 formance on space procurement or research, development,
13 test, and evaluation program contracts.
14
15

(b) BASIS FOR INCLUSION ON LIST.—
(1) IN

GENERAL.—The

Commander of the Air

16

Force Space and Missile Systems Center may place a

17

contractor on the watch list established under sub-

18

section (a) upon determining that the ability of the

19

contractor to perform Air Force space contracts has

20

been called into question by any of the following

21

issues:

22
23

(A) Poor performance or award fee scores
below 50 percent.

24

(B) Financial concerns.

25

(C) Felony convictions or civil judgements.
† HR 2810 PAP

732
1

(D) Security or foreign ownership and con-

2

trol issues.

3

(2) DISCRETION

OF

THE

COMMANDER.—The

4

Commander of the Air Force Space and Missile Sys-

5

tems Center shall be responsible for determining

6

which contractors to place on the watch list, whether

7

an entire company or a specific division should be in-

8

cluded, and when to remove a contractor from the list.

9

(c) EFFECT OF LISTING.—

10

(1) PRIME

CONTRACTS.—The

Air Force Space

11

and Missile Systems Center may not solicit an offer

12

from, award a contract to, execute an engineering

13

change proposal with, or exercise an option on any

14

Air Force space program with a contractor included

15

on the list established under subsection (a) without

16

the prior approval of the Commander of the Air Force

17

Space and Missile Systems Center.

18

(2) SUBCONTRACTS.—A prime contractor on a

19

Air Force Space and Missile Systems Center contract

20

may not enter into a subcontract valued in excess of

21

$3,000,000 or 5 percent of the prime contract value

22

with a contractor included on the watch list estab-

23

lished under subsection (a) without the prior approval

24

of the Commander of the Air Force Space and Missile

25

Systems Center.

† HR 2810 PAP

733
1

(d) REQUEST

FOR

REMOVAL FROM LIST.—A con-

2 tractor may submit to the Commander a written request
3 for removal from the watch list, including evidence that the
4 contractor has resolved the issue that was the basis for in5 clusion on the list.
6

(e) RULE

OF

CONSTRUCTION.—Nothing in this section

7 shall be construed as preventing the suspension or debar8 ment of a contractor, but inclusion on the watch list shall
9 not be construed as a punitive measure or de facto suspen10 sion or debarment of a contractor.
11

SEC.

1603.

PRESIDENTIAL

12

NATIONAL

VOICE

CONFER-

ENCING SYSTEM.

13

(a) CONSOLIDATION

OF

ELEMENTS.—Not later than

14 one year after the date of the enactment of this Act, all pro15 gram elements and funding for the Presidential National
16 Voice Conferencing System (PNVC) shall be transferred to
17 the Program Executive Office with responsibility for the
18 Presidential National Voice Conferencing System.
19

(b) ACQUISITION REPORTING.—Commencing not later

20 than one year after the date of the enactment of this Act,
21 any reporting on the acquisition of the Presidential Na22 tional Voice Conferencing System shall comply with report23 ing guidelines for an Acquisition Category 1 (ACAT 1) sys24 tem.

† HR 2810 PAP

734
1

SEC. 1604. LIMITATION ON USE OF FUNDS FOR DELTA IV

2
3

LAUNCH VEHICLE.

None of the funds authorized to be appropriated by this

4 Act or otherwise made available for fiscal year 2018 or any
5 fiscal year thereafter for the Air Force may be obligated
6 to maintain infrastructure, system engineering, critical
7 skills, base and range support, depreciation, or sustainment
8 commodities for the Delta IV launch vehicle until the date
9 on which the Secretary of the Air Force submits to the con10 gressional defense committees a certification that the Air
11 Force plans to launch a satellite procured by the Air Force
12 on a Delta IV launch vehicle during the 3-year period be13 ginning on the date of the certification.
14

SEC. 1605. POLICY OF THE UNITED STATES WITH RESPECT

15

TO CLASSIFICATION OF SPACE AS A COMBAT

16

DOMAIN.

17

(a) IN GENERAL.—It is the policy of the United States

18 to develop, produce, field, and maintain an integrated sys19 tem of assets in response to the increasingly contested na20 ture of the space operating domain to—
21
22
23
24

(1) ensure the resiliency of capabilities at every
level of orbit in space;
(2) deter or deny an attack on capabilities at
every level of orbit in space; and

† HR 2810 PAP

735
1

(3) defend the territory of the United States, its

2

allies, and its deployed forces across all operating do-

3

mains.

4

(b) IMPLEMENTATION.—The United States shall im-

5 plement the policy set forth in subsection (a)—
6

(1) in accordance with the laws of the United

7

States and the obligations of the United States under

8

international agreements; and

9

(2) with appropriate consultation, cooperation,

10

and coproduction of assets with allies and partners of

11

the United States.

12

SEC. 1606. LAUNCH SUPPORT AND INFRASTRUCTURE MOD-

13
14

ERNIZATION.

(a) IN GENERAL.—In support of the policy outlined

15 in section 2273 of title 10, United States Code, the Sec16 retary of Defense shall carry out a program to modernize
17 infrastructure and improve support activities for processing
18 and launch of United States national security space vehicles
19 launching from Federal ranges.
20

(b) ELEMENTS.—The program required by this section

21 shall include—
22

(1) investments in infrastructure to improve op-

23

erations at the Eastern and Western Ranges that may

24

benefit all users, to enhance the overall capabilities of

† HR 2810 PAP

736
1

ranges, to improve safety, and to reduce the long term

2

cost of operations and maintenance;

3

(2) measures to normalize processes, systems,

4

and products across the Eastern and Western ranges

5

to minimize the burden on launch providers; and

6

(3) improvements in transparency, flexibility,

7

and, responsiveness for launch scheduling.

8

(c) CONSULTATION.—In carrying out this program,

9 the Secretary should consult with current and anticipated
10 users of the Eastern and Western ranges.
11

(d) COOPERATION.—In carrying out this section, the

12 Secretary should consider partnerships authorized under
13 section 2276 of title 10, United States Code.
14
15

(e) REPORT.—
(1) REPORT

REQUIRED.—Not

later than 120

16

days after the date of the enactment of this Act, the

17

Secretary shall submit to the congressional defense

18

committees a report on the plan for the implementa-

19

tion of the launch support and infrastructure mod-

20

ernization program.

21
22

(2) ELEMENTS.—The report required under
paragraph (1) shall include—

23

(A) a description of plans and the resources

24

needed to improve launch support infrastructure,

† HR 2810 PAP

737
1

utilities, support equipment, and range oper-

2

ations;

3

(B) a description of plans to streamline and

4

normalize processes, systems, and products at the

5

Eastern and Western ranges, to ensure consist-

6

ency for range users; and

7

(C) recommendations for improving trans-

8

parency, flexibility, and responsiveness in launch

9

scheduling.

11

Subtitle B—Defense Intelligence
and Intelligence-Related Activities

12

SEC. 1611. EXTENSION OF AUTHORITY TO ENGAGE IN COM-

13

MERCIAL ACTIVITIES AS SECURITY FOR IN-

14

TELLIGENCE COLLECTION ACTIVITIES.

10

15

The second sentence of section 431(a) of title 10,

16 United States Code, is amended by striking ‘‘December 31,
17 2017’’ and inserting ‘‘December 31, 2020’’.

† HR 2810 PAP

738
1

SEC. 1612. CONSIDERATION OF SERVICE BY RECIPIENTS OF

2

BOREN SCHOLARSHIPS AND FELLOWSHIPS IN

3

EXCEPTED SERVICE POSITIONS AS SERVICE

4

BY SUCH RECIPIENTS UNDER CAREER AP-

5

POINTMENTS FOR PURPOSES OF CAREER

6

TENURE.

7

Section 802(k) of the David L. Boren National Secu-

8 rity Education Act of 1991 (50 U.S.C. 1902(k)) is amend9 ed—
10
11

(1) by redesignating paragraph (3) as paragraph (4);

12

(2) in paragraph (2), in the matter before sub-

13

paragraph (A), by striking ‘‘(3)(C)’’ and inserting

14

‘‘(4)(C)’’; and

15
16
17

(3) by inserting after paragraph (2) the following:
‘‘(3) CAREER

TENURE.—In

the case of an indi-

18

vidual whose appointment to a position in the ex-

19

cepted service is converted to a career or career- con-

20

ditional appointment under paragraph (1)(B), the

21

period of service described in such paragraph shall be

22

treated, for purposes of the service requirements for

23

career tenure under title 5, United States Code, as if

24

it were service in a position under a career or career-

25

conditional appointment.’’.

† HR 2810 PAP

739

2

Subtitle C—Cyber Warfare,
Cybersecurity, and Related Matters

3

SEC. 1621. POLICY OF THE UNITED STATES ON CYBER-

4

SPACE, CYBERSECURITY, AND CYBER WAR-

5

FARE.

1

6

(a) IN GENERAL.—It shall be the policy of the United

7 States, with respect to matters pertaining to cyberspace, cy8 bersecurity, and cyber warfare, that the United States
9 should employ all instruments of national power, including
10 the use of offensive cyber capabilities, to deter if possible,
11 and respond when necessary, to any and all cyber attacks
12 or other malicious cyber activities that target United States
13 interests with the intent to—
14
15

(1) cause casualties among United States persons
or persons of our allies;

16

(2) significantly disrupt the normal functioning

17

of United States democratic society or government

18

(including attacks against critical infrastructure that

19

could damage systems used to provide key services to

20

the public or government);

21

(3) threaten the command and control of the

22

United States Armed Forces, the freedom of maneuver

23

of the United States Armed Forces, or the industrial

24

base or other infrastructure on which the United

† HR 2810 PAP

740
1

States Armed Forces rely to defend United States in-

2

terests and commitments; or

3

(4) achieve an effect, whether individually or in

4

aggregate, comparable to an armed attack or imperil

5

a vital interest of the United States.

6

(b) RESPONSE OPTIONS.—In carrying out the policy

7 set forth in subsection (a), the United States shall plan, de8 velop, and demonstrate response options to address the full
9 range of potential cyber attacks on United States interests
10 that could be conducted by potential adversaries of the
11 United States.
12

(c) DENIAL OPTIONS.—In carrying out the policy set

13 forth in subsection (a) through response options developed
14 pursuant to subsection (b), the United States shall, to the
15 greatest extent practicable, prioritize the defensibility and
16 resiliency against cyber attacks and malicious cyber activi17 ties described in subsection (a) of infrastructure critical to
18 the political integrity, economic security, and national se19 curity of the United States.
20

(d) COST-IMPOSITION OPTIONS.—In carrying out the

21 policy set forth in subsection (a) through response options
22 developed pursuant to subsection (b), the United States shall
23 develop and demonstrate, or otherwise make known to ad24 versaries of the existence of, cyber capabilities to impose
25 costs on any foreign power targeting the United States or

† HR 2810 PAP

741
1 United States persons with a cyber attack or malicious
2 cyber activity described in subsection (a).
3

(e) MULTI-PRONG RESPONSE.—In carrying out the

4 policy set forth in subsection (a) through response options
5 developed pursuant to subsection (b), the United States
6 shall—
7

(1) devote immediate and sustained attention to

8

boosting the cyber resilience of critical United States

9

strike systems (including cyber, nuclear, and non-nu-

10

clear systems) in order to ensure the United States

11

can credibly threaten to impose unacceptable costs in

12

response to even the most sophisticated large-scale

13

cyber attack;

14

(2) develop offensive cyber capabilities and spe-

15

cific plans and strategies to put at risk targets most

16

valued by adversaries of the United States and their

17

key decision makers;

18

(3) enhance attribution capabilities to reduce the

19

time required to positively attribute an attack with

20

high confidence; and

21

(4) develop intelligence and offensive cyber capa-

22

bilities to detect, disrupt, and potentially expose mali-

23

cious cyber activities.

24

(f) POLICIES RELATING

25

BILITIES AND

† HR 2810 PAP

TO

OFFENSIVE CYBER CAPA-

SOVEREIGNTY.—It is the policy of the United

742
1 States that, when a cyber attack or malicious cyber activity
2 transits or otherwise relies upon the networks or infrastruc3 ture of a third country—
4

(1) the United States shall, to the greatest extent

5

practicable, notify and encourage the government of

6

that country to take action to eliminate the threat;

7

and

8

(2) if the government is unable or unwilling to

9

take action, the United States reserves the right to act

10

unilaterally (with the consent of that government if

11

possible, but without such consent if necessary).

12

(g) AUTHORITY OF SECRETARY OF DEFENSE.—

13

(1) IN

GENERAL.—The

Secretary of Defense has

14

the authority to develop, prepare, coordinate, and,

15

when appropriately authorized to do so, conduct mili-

16

tary cyber operations in response to cyber attacks and

17

malicious cyber activities described in subsection (a)

18

that are carried out against the United States or

19

United States persons by a foreign power.

20

(2) DELEGATION

OF

ADDITIONAL

AUTHORI-

21

TIES.—The

22

of the United States Cyber Command such authorities

23

of the Secretaries of the military departments, includ-

24

ing authorities relating to manning, training, and

25

equipping, that the Secretary considers appropriate.

† HR 2810 PAP

Secretary may delegate to the Commander

743
1

(3) USE

OF DELEGATED AUTHORITIES.—The

use

2

by the Commander of the United States Cyber Com-

3

mand of any authority delegated to the Commander

4

pursuant to this subsection shall be subject to the au-

5

thority, direction, and control of the Secretary.

6

(4) RULE

OF CONSTRUCTION.—Nothing

in this

7

subsection shall be construed to limit the authority of

8

the President or Congress to authorize the use of mili-

9

tary force.

10

(h) FOREIGN POWER DEFINED.—In this section, the

11 term ‘‘foreign power’’ has the meaning given that term in
12 section 101 of the Foreign Intelligence Surveillance Act of
13 1978 (50 U.S.C. 1801).
14
15

SEC. 1622. CYBER POSTURE REVIEW.

(a) REQUIREMENT

FOR

COMPREHENSIVE REVIEW.—

16 In order to clarify United States cyber deterrence policy
17 and strategy for the near term, the Secretary of Defense
18 shall conduct a comprehensive review of the cyber posture
19 of the United States for the next 5 to 10 years. The Sec20 retary shall conduct the review in consultation with the Di21 rector of National Intelligence, the Attorney General, the
22 Secretary of the Department of Homeland Security, and the
23 Secretary of State.
24

(b) ELEMENTS

OF

REVIEW.—The cyber posture review

25 shall include the following elements:

† HR 2810 PAP

744
1
2

(1) The role of cyber forces in United States
military strategy, planning, and programming.

3

(2) A declaratory policy relating to United

4

States responses to cyber attack and use of offensive

5

cyber capabilities, guidance for the employment of of-

6

fensive cyber capabilities, a public affairs plan, and

7

an engagement plan for adversaries and allies.

8
9

(3) Proposed norms for the conduct of offensive
cyber operations in crisis and conflict.

10

(4) Guidance for the development of cyber deter-

11

rence campaign plans focused on key leadership of

12

Russia, China, Iran, North Korea, and any other

13

country the Secretary determines appropriate.

14

(5) Examination through analysis and gaming

15

of escalation dynamics in various scenarios, as well

16

as the spiral escalatory effects of countries developing

17

increasingly potent offensive cyber capabilities, and

18

what steps should be undertaken to bolster stability in

19

cyberspace and more broadly stability between major

20

powers.

21

(6) A certification of whether sufficient personnel

22

are trained and equipped to meet validated cyber re-

23

quirements.

24
25

(7) Such other matters as the Secretary considers
appropriate.

† HR 2810 PAP

745
1

(c) REPORT

TO

CONGRESS.—Not later than March 1,

2 2018, the Secretary of Defense shall submit to Congress, in
3 unclassified and classified forms as necessary, a report on
4 the results of the cyber posture review conducted under this
5 section.
6

(d) SENSE

OF

CONGRESS.—It is the sense of Congress

7 that the United States should respond to all cyber attacks
8 and to all significant cyber intrusions by imposing costs
9 on those responsible that exceed any benefit that the attacker
10 or intruder may have hoped to gain.
11

SEC. 1623. MODIFICATION AND CLARIFICATION OF RE-

12

QUIREMENTS AND AUTHORITIES RELATING

13

TO ESTABLISHMENT OF UNIFIED COMBATANT

14

COMMAND FOR CYBER OPERATIONS.

15

(a) DEADLINE

FOR

ESTABLISHMENT.—Before the

16 Cyber Mission Force reaches full operational capability, the
17 President shall establish the unified combatant command
18 for cyber operations forces pursuant to section 167b(a) of
19 title 10, United State Code.
20

(b) CLARIFICATION

OF

FUNCTIONS.—Subsection (a) of

21 section 167b of title 10, United States Code, is amended—
22

(1) by striking the second sentence;

23

(2) by inserting ‘‘(1)’’ before ‘‘With the’’; and

24

(3) by adding at the end the following new para-

25

graph:

† HR 2810 PAP

746
1

‘‘(2) The principal functions of the cyber command are

2 as follows:
3

‘‘(A) To execute cyber operations.

4

‘‘(B) To prepare cyber operations forces to carry

5

out assigned missions.’’.

6

(c) MODIFICATION OF ASSIGNMENT OF FORCES.—Sub-

7 section (b) of such section is amended by striking ‘‘stationed
8 in the United States’’.
9
10

(d) MODIFICATION
SION.—Subsection

OF

COMMAND

OF

ACTIVITY

OR

MIS-

(d) of such section is amended to read

11 as follows:
12

‘‘(d) COMMAND

OF

ACTIVITY

OR

MISSION.—The com-

13 mander of the cyber command shall execute and exercise
14 command of cyberspace operations and coordinate with the
15 affected commanders of the unified combatant commands,
16 unless otherwise directed by the President or the Secretary
17 of Defense.’’.
18

(e) MODIFICATION

OF

AUTHORITY

OF

COMBATANT

19 COMMANDER.—Subsection (e)(2)(A) of such section is
20 amended—
21

(1) in clause (iii)—

22
23

(A) in subclause (I), by striking ‘‘and’’ at
the end;

24
25

(B) in subclause (II), by striking ‘‘assigned
to unified combatant commands’’;

† HR 2810 PAP

747
1
2

(C) by redesignating subclause (II) as subclause (III); and

3
4

(D) by inserting after subclause (I) the following new subclause (II):

5

‘‘(II) for development and acquisition of

6

joint cyber capabilities; and’’;

7

(2) in clause (iv), by striking ‘‘joint’’ and insert-

8

ing ‘‘cyber operations’’; and

9

(3) in clause (v), by striking ‘‘commissioned and

10

noncommissioned officers’’ and inserting ‘‘cyber oper-

11

ations forces’’.

12

SEC. 1624. ANNUAL ASSESSMENT OF CYBER RESILIENCY OF

13

NUCLEAR COMMAND AND CONTROL SYSTEM.

14

(a) IN GENERAL.—Chapter 24 of title 10, United

15 States Code, is amended by adding at the end the following
16 new section:
17 ‘‘§ 499. Annual assessment of cyber resiliency of nu18

clear command and control system

19

‘‘(a) IN GENERAL.—Not less frequently than annually,

20 the Commander of the United States Strategic Command
21 and the Commander of the United States Cyber Command
22 (in this section referred to collectively as the ‘Commanders’)
23 shall jointly conduct an assessment of the cyber resiliency
24 of the nuclear command and control system.

† HR 2810 PAP

748
1

‘‘(b) ELEMENTS.—In conducting the assessment re-

2 quired by subsection (a), the Commanders shall—
3

‘‘(1) conduct an assessment of the sufficiency and

4

resiliency of the nuclear command and control system

5

to operate through a cyber attack from the Russian

6

Federation, the People’s Republic of China, or any

7

other country or entity the Commanders identify as

8

a potential threat; and

9

‘‘(2) develop recommendations for mitigating

10

any concerns of the Commanders resulting from the

11

assessment.

12

‘‘(c) REPORT REQUIRED.—(1) The Commanders shall

13 jointly submit to the Chairman of the Joint Chiefs of Staff,
14 for submission to the Council on Oversight of the National
15 Leadership Command, Control, and Communications Sys16 tem established under section 171a of this title (in this sec17 tion referred to as the ‘Council’), a report on the assessment
18 required by subsection (a) that includes the following:
19
20

‘‘(A) The recommendations developed under subsection (b)(2).

21

‘‘(B) A statement of the degree of confidence of

22

each of the Commanders in the mission assurance of

23

the nuclear deterrent against a top tier cyber threat.

24

‘‘(C) A detailed description of the approach used

25

to conduct the assessment required by subsection (a)

† HR 2810 PAP

749
1

and the technical basis of conclusions reached in con-

2

ducting that assessment.

3
4

‘‘(D) Any other comments of the Commanders.
‘‘(2) The Council shall submit to the Secretary of De-

5 fense the report required by paragraph (1) and any com6 ments of the Council on the report.
7

‘‘(3) The Secretary of Defense shall submit to the con-

8 gressional defense committees the report required by para9 graph (1), any comments of the Council on the report under
10 paragraph (2), and any comments of the Secretary on the
11 report.
12

‘‘(d) TERMINATION.—This section shall terminate on

13 the date that is 10 years after the date of the enactment
14 of the National Defense Authorization Act for Fiscal Year
15 2018.’’.
16

(b) CLERICAL AMENDMENT.—The table of sections for

17 chapter 24 of such title is amended by inserting after the
18 item relating to section 498 the following new item:
‘‘499. Annual assessment of cyber resiliency of nuclear command and control system.’’.

19
20

SEC. 1625. STRATEGIC CYBERSECURITY PROGRAM.

(a) IN GENERAL.—The Secretary of Defense shall es-

21 tablish a program to be known as the ‘‘Strategic Cybersecu22 rity Program’’ or ‘‘SCP’’ (in this section referred to as the
23 ‘‘Program’’).

† HR 2810 PAP

750
1

(b) ELEMENTS.—The Program shall be comprised of

2 personnel assigned to the Program by the Secretary from
3 among personnel, including regular and reserve members
4 of the Armed Forces, civilian employees of the Department,
5 and personnel of the research laboratories of the Department
6 of Defense and the Department of Energy, who have par7 ticular expertise in the responsibility to be discharged by
8 the Program. Any personnel assigned to the Program from
9 among personnel of the Department of Energy shall be so
10 assigned with the concurrence of the Secretary of Energy.
11
12

(c) RESPONSIBILITY.—
(1) IN

GENERAL.—The

responsibility of the Pro-

13

gram shall be to carry out activities (commonly re-

14

ferred to as ‘‘red-teaming’’) to continuously assess the

15

information assurance and improve the overall effec-

16

tiveness of the following of the United States Govern-

17

ment:

18

(A) Offensive cyber systems.

19

(B) Long-range strike systems.

20

(C) Nuclear deterrent systems.

21

(D) National security systems.

22

(E) Critical infrastructure of the Depart-

23

ment of Defense (as that term is defined in sec-

24

tion 1650(f)(1) of the National Defense Author-

† HR 2810 PAP

751
1

ization Act for Fiscal Year 2017 (Public Law

2

114–329)).

3

(2) SCOPE

OF RESPONSIBILITY.—In

carrying out

4

its activities, the Program shall carry out appro-

5

priate reviews of current systems and infrastructure

6

and acquisition plans for proposed systems and infra-

7

structure. The review of an acquisition plan for any

8

proposed system or infrastructure shall be carried out

9

before Milestone B approval for such system or infra-

10
11

structure.
(3) RESULTS

OF REVIEWS.—The

results of each

12

review carried out by the Program pursuant to para-

13

graph (2), including any remedial action rec-

14

ommended by the Program pursuant to such review,

15

shall be made available to any agencies or organiza-

16

tions of the Department involved in the development,

17

procurement, operation, or maintenance of the system

18

or infrastructure concerned.

19

(d) REPORTS.—The Director of the National Security

20 Agency shall submit to the Secretary of Defense and the con21 gressional defense committees on a quarterly basis a report
22 on the activities of the Program during the preceding cal23 endar quarter. Each report shall include the following:
24
25

(1) A description of the activities of the Program
during the calendar quarter covered by such report.

† HR 2810 PAP

752
1

(2) A description of particular challenges en-

2

countered in the course of the activities of the Pro-

3

gram during such calendar quarter, and of actions

4

taken to address such challenges.

5

(3) A description of the current plans of the Pro-

6

gram for additional activities.

7

(e) FUNDING.—Of the amount authorized to be appro-

8 priated for fiscal year 2018 for operation and maintenance,
9 Defense-wide, by section 301 and available for the Informa10 tion Systems Security Program as specified in the funding
11 table in section 4301, up to $100,000,000 may be available
12 for the Strategic Cybersecurity Program and its activities
13 in fiscal year 2018.
14

(f) SENSE

OF

CONGRESS.—It is the sense of Congress

15 that the activities conducted under the Program should ad16 dress the most critical systems of the Department of Defense
17 and should supplement, not supplant, the Cyber Protection
18 Teams of the Department of Defense.
19

SEC. 1626. EVALUATION OF AGILE ACQUISITION OF CYBER

20
21

TOOLS AND APPLICATIONS.

(a) EVALUATION REQUIRED.—The Commander of the

22 United States Cyber Command shall conduct an evaluation
23 of alternative methods for developing, acquiring, and main24 taining software-based cyber tools and applications for the
25 United States Cyber Command, the Army Cyber Command,

† HR 2810 PAP

753
1 the Fleet Cyber Command, the Air Forces Cyber Command,
2 and the Marine Corps Cyberspace Command.
3

(b) GOAL.—The goal of the evaluation required by sub-

4 section (a) is to identify a set of practices that will—
5
6

(1) increase the speed of development of cyber capabilities of the Armed Forces;

7

(2) provide more effective tools and capabilities

8

for developing, acquiring, and maintaining cyber

9

tools and applications; and

10

(3) create a repeatable, disciplined process for

11

developing, acquiring, and maintaining cyber tools

12

and applications whereby progress and success or

13

failure can be continuously measured.

14

(c) CONSIDERATION

15

MENT,

16

TICES.—

17

OF

AGILE ACQUISITION,

(1) IN

AGILE SOFTWARE DEVELOPAND

GENERAL.—The

OTHER BEST PRAC-

evaluation required by

18

subsection (a) shall include consideration of agile soft-

19

ware development, agile acquisition, and such other

20

similar best practices of commercial industry.

21

(2) CONSIDERATIONS.—In carrying out the eval-

22

uation required by subsection (a), the Commander

23

shall assess requirements for implementing the prac-

24

tices described in paragraph (1), consider changes

† HR 2810 PAP

754
1

that would be necessary to established acquisition

2

practices, including the following:

3

(A) The requirements process.

4

(B) Contracting.

5

(C) Testing.

6

(D) User involvement in the development

7

process.

8

(E) Program management.

9

(F) Milestone reviews and approvals.

10

(G) The definitions of ‘‘research and devel-

11

opment’’, ‘‘procurement’’, and ‘‘sustainment’’.

12

(H) The constraints of current appropria-

13
14
15

tions account definitions.
(d) ASSESSMENT
QUIREMENTS.—In

OF

TRAINING

AND

EDUCATION RE-

carrying out the evaluation required by

16 subsection (a), the Commander shall assess training and
17 education requirements for personnel in all areas and at
18 all levels of management relevant to the successful adoption
19 of new acquisition models and methods for developing, ac20 quiring, and maintaining cyber tools and applications as
21 described in such subsection.
22

(e) SERVICES

AND

EXPERTISE.—In conducting the

23 evaluation required by subsection (a), the Commander
24 shall—
25

(1) obtain services and expertise from—

† HR 2810 PAP

755
1

(A) the Defense Digital Service; and

2

(B) federally funded research and develop-

3

ment centers, such as the Software Engineering

4

Institute and the MITRE Corporation; and

5

(2) consult with such commercial software com-

6

panies as the Commander considers appropriate to

7

learn about commercial best practices.

8

(f) RECOMMENDATIONS.—

9

(1) IN

GENERAL.—Not

later than 120 days after

10

the date of the enactment of this Act, the Commander

11

shall submit to the Secretary of Defense recommenda-

12

tions for experimenting with or adopting new acquisi-

13

tion methods, including all aspects of implementation

14

necessary for the success of the recommended methods.

15

(2) CONGRESSIONAL

BRIEFING.—Not

later than

16

14 days after submitting recommendations to the Sec-

17

retary under paragraph (1), the Commander shall

18

brief the congressional defense committees on the rec-

19

ommendations the Commander submitted under para-

20

graph (1).

21

(g) PRESERVATION

OF

EXISTING AUTHORITY.—The

22 evaluation required under subsection (a) is intended to in23 form future acquisition approaches. Nothing in this section
24 shall be construed to limit or impede the exercising of the
25 acquisition authority of the Commander of United States

† HR 2810 PAP

756
1 Cyber Command under section 807 of the National Defense
2 Authorization Act for Fiscal Year 2016 (Public Law 114–
3 92; 10 U.S.C. 2224 note).
4

(h) DEFINITIONS.—In this section:

5

(1) The term ‘‘agile acquisition’’ means acquisi-

6

tion pursuant to a methodology for delivering mul-

7

tiple, rapid, incremental capabilities to the user for

8

operational use, evaluation, and feedback. The incre-

9

mental development and fielding of capabilities, com-

10

monly called ‘‘spirals’’, ‘‘spins’’, or ‘‘sprints’’, can be

11

measured in a few weeks or months, and involve con-

12

tinuous participation and collaboration by users, test-

13

ers, and requirements authorities.

14

(2) The term ‘‘agile development’’ means develop-

15

ment pursuant to a set of software development meth-

16

odologies based on iterative development, in which re-

17

quirements and solutions evolve through collaboration

18

between self-organizing cross-functional teams.

19

SEC. 1627. REPORT ON COST IMPLICATIONS OF TERMI-

20

NATING DUAL-HAT ARRANGEMENT FOR COM-

21

MANDER OF UNITED STATES CYBER COM-

22

MAND.

23

Not later than 90 days after the date of the enactment

24 of this Act, the Commander of the United States Cyber
25 Command shall submit to the congressional defense commit-

† HR 2810 PAP

757
1 tees a report that identifies the costs that would be impli2 cated by meeting the conditions set forth in section
3 1642(b)(2)(C) of the National Defense Authorization Act for
4 Fiscal Year 2017 (Public Law 114–328).
5

SEC. 1628. MODIFICATION OF INFORMATION ASSURANCE

6
7

SCHOLARSHIP PROGRAM.

(a) DESIGNATION

OF

PROGRAM.—Section 2200a of

8 title 10, United States Code, is amended by adding at the
9 end the following new subsection:
10

‘‘(h) DESIGNATION

OF

PROGRAM.—A program under

11 which the Secretary provides financial assistance under
12 subsection (a) shall be known as the ‘Department of Defense
13 Cybersecurity Scholarship Program’.’’.
14

(b) ALLOCATION

OF

FUNDING.—Subsection (f) of such

15 section is amended—
16

(1) by inserting ‘‘(1)’’ before ‘‘Not less’’; and

17

(2) by adding at the end the following new para-

18

graph:

19

‘‘(2) Not less than five percent of the amount available

20 for financial assistance under this section for a fiscal year
21 shall be available for providing financial assistance for the
22 pursuit of an associate degree.’’.
23

(c) REINVIGORATION PLAN REQUIRED.—Not later

24 than September 30, 2018, the Secretary of Defense shall sub25 mit to the congressional defense committees a plan for rein-

† HR 2810 PAP

758
1 vigorating the Department of Defense Cyber Scholarship
2 Program authorized under section 2200a of such title, as
3 amended by subsections (a) and (b).
4

SEC. 1629. MEASURING COMPLIANCE OF COMPONENTS OF

5

DEPARTMENT OF DEFENSE WITH CYBERSE-

6

CURITY REQUIREMENTS FOR SECURING IN-

7

DUSTRIAL CONTROL SYSTEMS.

8

(a) IN GENERAL.—The Secretary of Defense shall

9 make such changes to the scorecard as are necessary to en10 sure that the Secretary measures each component of the De11 partment of Defense in its progress towards securing the
12 industrial control systems of the Department against cyber
13 threats, including supervisory control and data acquisition
14 systems (SCADA), distributed control systems (DCS), pro15 grammable logic controllers (PLC), and platform informa16 tion technology (PIT).
17

(b) SCORECARD DEFINED.—In this section, the term

18 ‘‘scorecard’’ means the Department of Defense Cyber Score19 card for the measuring of the performance of components
20 of the Department against basic cybersecurity requirements
21 as outlined in the Department of Defense Cybersecurity Dis22 cipline Implementation Plan.

† HR 2810 PAP

759
1

SEC. 1630. EXERCISE ON ASSESSING CYBERSECURITY SUP-

2

PORT TO ELECTION SYSTEMS OF STATES.

3
4

(a) INCLUSION
TION

SYSTEMS

IN

OF

CYBER VULNERABILITIES

IN

ELEC-

CYBER GUARD EXERCISES.—The Sec-

5 retary of Defense shall incorporate the cybersecurity of elec6 tions systems of the States as a component of the Cyber
7 Guard Exercise.
8

(b) REPORT ON BEST PRACTICES.—Not later than 180

9 days after the date of the enactment of this Act, the Sec10 retary of Defense shall submit to the congressional defense
11 committees a report on the capabilities, readiness, and best
12 practices of the National Guard to assist the Governors, if
13 called upon, to defend elections systems from cyberattacks.
14

SEC. 1630A. REPORT ON VARIOUS APPROACHES TO CYBER

15
16

DETERRENCE.

(a) IN GENERAL.—Not later than 180 days after the

17 date of the enactment of this Act, the Secretary of Defense
18 shall submit to the congressional defense committees a re19 port on various approaches to cyber deterrence.
20

(b) CONTENTS.—The report required by subsection (a)

21 shall include the following:
22

(1) Identification, definition, and explanation of

23

the various theoretical approaches to cyber deterrence.

24

(2) An assessment of the relative strengths and

25

weaknesses of each of such approaches relative to the

26

threat and relative to one another.
† HR 2810 PAP

760
1
2

(3) A recommendation for a cyber deterrence theory and doctrine for the Armed Forces.

3

(4) An alternative analysis or dissenting view of

4

the recommendation included under paragraph (3)

5

that explains the weaknesses of the recommended the-

6

ory and doctrine and offers an alternative theory or

7

doctrine.

8

(c) CONSULTATION.—In preparing the report required

9 by subsection (a), the Secretary shall consult with experts
10 from the Government, industry, and academia.
11

SEC. 1630B. PROHIBITION ON USE OF SOFTWARE PLAT-

12
13

FORMS DEVELOPED BY KASPERSKY LAB.

(a) PROHIBITION.—No department, agency, organiza-

14 tion, or other element of the Department of Defense may
15 use, whether directly or through work with or on behalf of
16 another organization or element of the Department or an17 other department or agency of the United States Govern18 ment, any software platform developed, in whole or in part,
19 by Kaspersky Lab or any entity of which Kaspersky Lab
20 has a majority ownership.
21

(b) SEVERANCE

OF

NETWORK CONNECTIONS.—The

22 Secretary of Defense shall ensure that any network connec23 tion between a department, agency, organization, or other
24 element of the Department of Defense and a department or
25 agency of the United States Government that is using or

† HR 2810 PAP

761
1 hosting on its networks a software platform described in
2 subsection (a) is immediately severed.
3

(c) EFFECTIVE DATE.—This section shall take effect

4 on October 1, 2018.
5

SEC.

1630C.

6
7

REPORT

ON

CYBER

APPLICATIONS

OF

BLOCKCHAIN TECHNOLOGY.

(a) REPORT REQUIRED.—Not later than 180 days

8 after the date of the enactment of this Act, the Secretary
9 of Defense, in consultation with the heads of such other
10 agencies and departments as the Secretary considers appro11 priate, shall submit to the appropriate committees of Con12 gress a report on the potential offensive and defensive cyber
13 applications of blockchain technology and other distributed
14 database technologies and an assessment of efforts by foreign
15 powers, extremist organizations, and criminal networks to
16 utilize these technologies. Such report shall also include an
17 assessment of the use or planned use of blockchain tech18 nologies by the United States Government or critical infra19 structure networks and the vulnerabilities of such networks
20 to cyber attacks.
21

(b) FORM

OF

REPORT.—The report required by (a)

22 may be submitted—
23

(1) in classified form; or

24

(2) in unclassified form with a classified annex.

† HR 2810 PAP

762
1
2

(c) APPROPRIATE COMMITTEES
FINED.—In

OF

CONGRESS DE-

this section, the term ‘‘appropriate committees

3 of Congress’’ means—
4

(1) the Committee on Armed Services, the Select

5

Committee on Intelligence, and the Committee on

6

Homeland Security and Governmental Affairs of the

7

Senate; and

8

(2) Committee on Armed Services, the Perma-

9

nent Select Committee on Intelligence, and the Com-

10

mittee on Homeland Security of the House of Rep-

11

resentatives.

12

Subtitle D—Nuclear Forces

13

SEC. 1631. COLLECTION, STORAGE, AND SHARING OF DATA

14

RELATING TO NUCLEAR SECURITY ENTER-

15

PRISE.

16

(a) IN GENERAL.—Chapter 24 of title 10, United

17 States Code, as amended by section 1624, is further amend18 ed by adding at the end the following new section:
19 ‘‘§ 499a. Collection, storage, and sharing of data relat20
21

ing to nuclear security enterprise

‘‘(a) IN GENERAL.—The Secretary of Defense, acting

22 through the Director of Cost Assessment and Program Eval23 uation, and the Administrator for Nuclear Security, acting
24 through the Director for Cost Estimating and Program
25 Evaluation, shall jointly collect and store cost, pro-

† HR 2810 PAP

763
1 grammatic, and technical data relating to programs and
2 projects of the nuclear security enterprise.
3

‘‘(b) SHARING

OF

DATA.—If the Director of Cost As-

4 sessment and Program Evaluation or the Director for Cost
5 Estimating and Program Evaluation requests data relating
6 to programs or projects from any element of the Department
7 of Defense or from any element of the nuclear security enter8 prise of the National Nuclear Security Administration, that
9 element shall provide that data in a timely manner.
10
11

‘‘(c) STORAGE OF DATA.—
‘‘(1) IN

GENERAL.—Data

collected by the Direc-

12

tor of Cost Assessment and Program Evaluation and

13

the Director for Cost Estimating and Program Eval-

14

uation under this section shall be—

15

‘‘(A) stored in the data storage system of the

16

Defense Cost and Resource Center or in a data

17

storage system of the National Nuclear Security

18

Administration that is equivalent to the data

19

storage system of the Defense Cost and Resource

20

Center; and

21

‘‘(B) made accessible to other Federal agen-

22

cies as such Directors consider appropriate.

23

‘‘(2) AVAILABILITY

OF RESOURCES.—The

Sec-

24

retary and the Administrator shall ensure that the

25

Director of Cost Assessment and Program Evaluation

† HR 2810 PAP

764
1

and the Director for Cost Estimating and Program

2

Evaluation have sufficient information system sup-

3

port, as determined by such Directors, to facilitate the

4

timely hosting, handling, and sharing of data relating

5

to programs and projects of the nuclear security en-

6

terprise under this section at the appropriate level of

7

classification.

8
9

‘‘(3) COORDINATION
ACTORS.—The

WITH OFFICE OF NAVAL RE-

Deputy Administrator for Naval Reac-

10

tors of the National Nuclear Security Administration

11

shall coordinate with the Director of Cost Assessment

12

and Program Evaluation and the Director for Cost

13

Estimating and Program Evaluation to ensure that

14

data relating to programs and projects of the Office

15

of Naval Reactors are correctly represented in the

16

data storage system of the Defense Cost and Resource

17

Center and the data storage system of the National

18

Nuclear Security Administration described in para-

19

graph (1)(A).

20

‘‘(d) CONTRACT REQUIREMENTS.—The Secretary and

21 the Administrator shall ensure that any contract relating
22 to a program or project of the nuclear security enterprise
23 that is entered into on or after the date of the enactment
24 of this section includes—

† HR 2810 PAP

765
1
2

‘‘(1) requirements and standards for data collection; and

3

‘‘(2) requirements for reporting on cost, pro-

4

grammatic, and technical data using procedures,

5

standards, and formats approved by the Director of

6

Cost Assessment and Program Evaluation and the

7

Director for Cost Estimating and Program Evalua-

8

tion.

9

‘‘(e) NUCLEAR SECURITY ENTERPRISE DEFINED.—In

10 this section, the term ‘nuclear security enterprise’ has the
11 meaning given that term in section 4002 of the Atomic En12 ergy Defense Act (50 U.S.C. 2501).’’.
13

(b) CLERICAL AMENDMENT.—The table of sections for

14 chapter 24 of such title is amended by inserting after the
15 item relating to section 499, as added by section 1624, the
16 following new item:
‘‘499a. Collection, storage, and sharing of data relating to nuclear security enterprise.’’.

17

SEC. 1632. ESTABLISHMENT OF PROCEDURES FOR IMPLE-

18

MENTATION OF NUCLEAR ENTERPRISE RE-

19

VIEW.

20

(a) IN GENERAL.—Not later than one year after the

21 date of the enactment of this Act, the Secretary of Defense
22 shall issue a final Department of Defense Instruction estab23 lishing procedures for the long-term implementation of the
24 recommendations contained in the Independent Review of
† HR 2810 PAP

766
1 the Department of Defense Nuclear Enterprise, dated June
2 2, 2014.
3

(b) SUBMISSION

TO

CONGRESS.—The Secretary shall

4 submit the final instruction required by subsection (a) to
5 the congressional defense committees not later than 30 days
6 after issuing the instruction.
7
8

(c) REVIEW
FICE.—Not

BY

GOVERNMENT ACCOUNTABILITY OF-

later than 90 days after the Secretary issues

9 the final instruction required by subsection (a), the Comp10 troller General of the United States shall submit to the con11 gressional defense committees a report reviewing the in12 struction for its consistency with the recommendations con13 tained in the report of the Government Accountability Of14 fice entitled, ‘‘Defense Nuclear Enterprise: DOD has Estab15 lished Processes for Implementing and Tracking Rec16 ommendations to Improve Leadership Morale and Oper17 ations’’, dated July 14, 2016 (GAO–16–957R).
18

SEC. 1633. PROCUREMENT AUTHORITY FOR CERTAIN PARTS

19

OF INTERCONTINENTAL BALLISTIC MISSILES.

20

(a) AVAILABILITY

OF

FUNDS.—Notwithstanding sec-

21 tion 1502(a) of title 31, United States Code, of the amount
22 authorized to be appropriated for fiscal year 2018 by sec23 tion 101 and available for Missile Procurement, Air Force,
24 as specified in the funding table in section 4101, $6,334,000
25 shall be available for the procurement of covered parts pur-

† HR 2810 PAP

767
1 suant to contracts entered into under section 1645(a) of the
2 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De3 fense Authorization Act for Fiscal Year 2015 (Public Law
4 113–291; 128 Stat. 3651).
5

(b) COVERED PARTS DEFINED.—In this section, the

6 term ‘‘covered parts’’ means commercially available off-the7 shelf items as defined in section 104 of title 41, United
8 States Code.
9

SEC. 1634. EXECUTION AND PROGRAMMATIC OVERSIGHT OF

10

NUCLEAR COMMAND, CONTROL, AND COMMU-

11

NICATIONS PROGRAMS.

12

(a) IN GENERAL.—Not later than one year after the

13 date of the enactment of this Act, the Chief Information Of14 ficer of the Department of Defense, as Executive Secretary
15 of the Council on Oversight of the National Leadership
16 Command, Control, and Communications System estab17 lished under section 171a of title 10, United States Code
18 (or a successor to the Chief Information Officer assigned
19 responsibility for policy, oversight, guidance, and coordina20 tion for nuclear command and control systems), shall, in
21 coordination with the Under Secretary of Defense for Acqui22 sition and Sustainment, develop a database relating to the
23 execution of all nuclear command, control, and communica24 tions acquisition programs of the Department of Defense
25 with an approved Materiel Development Decision. The

† HR 2810 PAP

768
1 database shall be updated not less frequently than annually
2 and upon completion of a major program element of such
3 a program.
4

(b) DATABASE ELEMENTS.—The database required by

5 subsection (a) shall include, at a minimum, the following
6 elements for each program described in that subsection, con7 sistent with Department of Defense Instruction 5000.02:
8

(1) Projected dates for Milestones A, B and C,

9

including cost thresholds and objectives for major ele-

10
11
12
13
14
15
16

ments of life cycle cost.
(2) Projected dates for program design reviews
and critical design reviews.
(3) Projected dates for developmental and operation tests.
(4) Projected dates for initial operational capability and final operational capability.

17

(5) An acquisition program baseline.

18

(6) Program acquisition unit cost and average

19

procurement unit cost.

20

(7) Contract type.

21

(8) Key performance parameters.

22

(9) Key system attributes.

23

(10) A risk register.

24

(11) Technology readiness levels.

25

(12) Manufacturing readiness levels.

† HR 2810 PAP

769
1

(13) Integration readiness levels.

2

(14) Any other critical elements that affect the

3

stability of the program.

4

(c) BRIEFINGS.—The co-chairs of the Council on Over-

5 sight of the National Leadership Command, Control, and
6 Communications System shall brief the congressional de7 fense committees on the status of the database required by
8 subsection (a)—
9
10
11

(1) not later than 180 days after the date of the
enactment of this Act; and
(2) upon completion of the database.

12

SEC. 1635. MEASURES IN RESPONSE TO NONCOMPLIANCE

13

OF THE RUSSIAN FEDERATION WITH ITS OB-

14

LIGATIONS UNDER THE INF TREATY.

15

(a) STATEMENT OF UNITED STATES POLICY.—It is the

16 policy of the United States that, for so long as the Russian
17 Federation remains in noncompliance with the INF Treaty,
18 the United States should take actions to bring the Russian
19 Federation back into compliance, including—
20

(1) providing additional funds for the activities

21

and systems identified in section 1243(d) of the Na-

22

tional Defense Authorization Act for Fiscal Year 2016

23

(Public Law 114–92; 129 Stat. 1062); and

24

(2) the establishment of a research and develop-

25

ment program for a dual-capable road-mobile ground-

† HR 2810 PAP

770
1

launched missile system with a maximum range of

2

5,500 kilometers.

3

(b) REPORT REQUIRED.—Not later than 120 days

4 after the date of the enactment of this Act, the Secretary
5 of Defense shall submit to the congressional defense commit6 tees a report on the cost and schedule for, and feasibility
7 of, modifying United States missile systems in existence as
8 of such date of enactment for ground launch with a range
9 of between 500 and 5,500 kilometers, including the Toma10 hawk Cruise Missile, the Standard Missile-3, the Standard
11 Missile-6, the Long-Range Stand-Off Cruise Missile, and
12 the Army Tactical Missile System, as compared with the
13 cost and schedule for, and feasibility of, developing a new
14 ground-launched missile using new technology with the
15 same range.
16

(c) AUTHORIZATION

OF

APPROPRIATIONS.—None of

17 the funds authorized to be appropriated by this Act or other18 wise made available for fiscal year 2018 for a research and
19 development program for a dual-capable road-mobile
20 ground-launched missile system with a maximum range of
21 5,500 kilometers may be obligated or expended until the re22 port required by subsection (b) is received by the congres23 sional defense committees.
24

(d) INF TREATY DEFINED.—In this section, the term

25 ‘‘INF Treaty’’ means the Treaty between the United States

† HR 2810 PAP

771
1 of America and the Union of Soviet Socialist Republics on
2 the Elimination of their Intermediate-Range and Shorter3 Range Missiles, signed at Washington December 8, 1987,
4 and entered into force June 1, 1988.
5

SEC. 1636. CERTIFICATION THAT THE NUCLEAR POSTURE

6

REVIEW

7

AND OPERATION OF UNITED STATES NU-

8

CLEAR FORCES IN CURRENT AND FUTURE SE-

9

CURITY ENVIRONMENTS.

10

ADDRESSES

DETERRENT

EFFECT

(a) FINDINGS.—Congress finds that, between the publi-

11 cation of the Nuclear Posture Review in 2010 and the date
12 of the enactment of this Act—
13

(1) North Korea has—

14

(A) conducted at least three nuclear tests;

15

(B) tested missiles that may be capable of

16

reaching United States territory in the Pacific

17

Ocean; and

18

(C) continued to develop a missile that

19

could strike targets in the United States home-

20

land;

21

(2) the Russian Federation has—

22

(A) not complied with either the spirit or

23

the letter of bilateral treaties with the United

24

States related to nuclear weapons;

† HR 2810 PAP

772
1
2

(B) continued to expand and diversify its
arsenal of non-strategic nuclear weapons;

3

(C) threatened to add allies of the United

4

States hosting missile defense shields to its list of

5

nuclear targets; and

6

(D) demonstrated willful disregard for the

7

sovereign territory of a neighboring country;

8

(3) Iran has—

9

(A) according to the International Atomic

10

Energy Agency, exceeded limits on sensitive ma-

11

terials under the Joint Comprehensive Plan of

12

Action, agreed to at Vienna on July 14, 2015, by

13

Iran and by the People’s Republic of China,

14

France, Germany, the Russian Federation, the

15

United Kingdom, and the United States; and

16

(B) continued to advance a ballistic missile

17

program that has been condemned by the United

18

Nations;

19

(4) the People’s Republic of China has—

20
21

(A) built up military outposts on artificial
islands in the South China Sea;

22

(B) mass-produced missiles capable of strik-

23

ing United States aircraft carriers and military

24

installations in the Pacific;

† HR 2810 PAP

773
1

(C) expanded its delivery systems to include

2

ballistic missile submarines, which can hold the

3

United States homeland at risk and potentially

4

can destabilize the strategic stability of Southeast

5

Asia; and

6

(D) continued to test anti-satellite weapons,

7

according to the Department of State; and

8

(5) advances in technology and capabilities re-

9

lated to the cyber domain, applications of artificial

10

intelligence, and space have further complicated the

11

delicate balance of deterrence that has been in place

12

since the Cold War.

13

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

14 that—
15

(1) given the developments in the international

16

security environment described in subsection (a), it is

17

critical to the national security of the United States

18

to maintain a nuclear force that is effective for both

19

deterrence of adversaries and assurance of allies of the

20

United States;

21

(2) an effective force for deterrence and assur-

22

ance should be flexible, in order to respond to different

23

contingencies, as well as resilient, to operate as

24

planned under stress; and

† HR 2810 PAP

774
1

(3) in order to do so, the United States should

2

continue to pursue the timely modernization of all

3

three legs of the nuclear triad, the Long-Range Stand-

4

Off weapon, tactical nuclear capabilities, and nuclear

5

command and control systems, as well as weapons

6

and infrastructure maintained by the National Nu-

7

clear Security Administration.

8

(c) CERTIFICATION REQUIRED.—Not later than 30

9 days after completing the first Nuclear Posture Review after
10 the date of the enactment of this Act, the Secretary of De11 fense shall submit to the congressional defense committees
12 a certification that the Nuclear Posture Review accounts
13 for—
14
15

(1) with respect to the nuclear capabilities of the
United States as of such date of enactment—

16

(A) the ability of such capabilities to deter

17

adversaries of the United States that possess nu-

18

clear weapons or may possess such weapons in

19

the future;

20

(B) the ability of the United States to oper-

21

ate in a major regional conflict that involves nu-

22

clear weapons;

23

(C) the ability and preparedness of forward-

24

deployed members of the Armed Forces to operate

25

in a nuclear environment; and

† HR 2810 PAP

775
1

(D) weapons, equipment, and training or

2

conduct that would improve the abilities de-

3

scribed in subparagraphs (A), (B), and (C);

4

(2) with respect to the nuclear capabilities of the

5

United States projected over the 10-year period begin-

6

ning on such date of enactment—

7

(A) the projected ability of such capabilities

8

to deter adversaries of the United States that

9

possess nuclear weapons or may possess such

10

weapons in the future;

11

(B) the projected ability of the United

12

States to operate in a major regional conflict

13

that involves nuclear weapons;

14

(C) the projected ability and preparedness

15

of forward-deployed members of the Armed

16

Forces to operate in a nuclear environment; and

17

(D) weapons, equipment, and training or

18

conduct that would improve the abilities de-

19

scribed in subparagraphs (A), (B), and (C); and

20

(3) any actions that could be taken by the Sec-

21

retary of Defense or the Administrator for Nuclear

22

Security in the near and medium terms to decrease

23

the risk posed by possible additional changes to the se-

24

curity environment related to nuclear weapons in the

25

future.

† HR 2810 PAP

776
1

(d) FORM

OF

CERTIFICATION.—The certification re-

2 quired by subsection (c) may be submitted to the congres3 sional defense committees in classified form.
4

SEC. 1637. PLAN TO MANAGE INTEGRATED TACTICAL WARN-

5

ING AND ATTACK ASSESSMENT SYSTEM AND

6

MULTI-DOMAIN SENSORS.

7

(a) PLAN REQUIRED.—Not later than one year after

8 the date of the enactment of this Act, the Secretary of the
9 Air Force shall develop a plan to manage the Air Force
10 missile warning elements of the Integrated Tactical Warn11 ing and Attack Assessment System as a weapon system con12 sistent with Air Force Policy Directive 10–9, entitled ‘‘Lead
13 Command Designation and Responsibilities for Weapon
14 Systems’’ and dated March 8, 2007.
15
16
17

(b) MULTI-DOMAIN SENSOR MANAGEMENT

AND

EX -

PLOITATION.—

(1) IN

GENERAL.—The

plan required by sub-

18

section (a) shall include a long-term plan to manage

19

all available sensors for multi-domain exploitation

20

against modern and emergent threats in order to pro-

21

vide comprehensive support for integrated tactical

22

warning and attack assessment, missile defense, and

23

space situational awareness.

† HR 2810 PAP

777
1

(2) COORDINATION

WITH OTHER AGENCIES.—In

2

developing the plan required by paragraph (1), the

3

Secretary shall—

4

(A) coordinate with the Secretary of the

5

Army, the Secretary of the Navy, the Director of

6

the Missile Defense Agency, and the Director of

7

the National Reconnaissance Office; and

8

(B) solicit comments on the plan, if any,

9

from the Commander of the United States Stra-

10

tegic Command and the Commander of the

11

United States Northern Command.

12

(c) SUBMISSION

TO

CONGRESS.—Not later than 14

13 months after the date of the enactment of this Act, the Sec14 retary shall submit to the congressional defense commit15 tees—
16

(1) the plan required by subsection (a); and

17

(2) the comments from the Commander of the

18

United States Strategic Command and the Com-

19

mander of the United States Northern Command, if

20

any, on the plan required by subsection (b)(1).

21

SEC. 1638. CERTIFICATION REQUIREMENT WITH RESPECT

22

TO

23

TRUSTED FOUNDRY.

24

STRATEGIC

RADIATION

HARDENED

Not later than December 31, 2020, the Secretary of De-

25 fense shall submit to the congressional defense committees

† HR 2810 PAP

778
1 a certification that a strategic radiation hardened trusted
2 foundry, consistent with Department of Defense Instruction
3 5200.44, is operational and capable of supplying necessary
4 microelectronic components for necessary radiation envi5 ronments involved with the acquisition of delivery systems
6 for nuclear weapons.
7

SEC. 1639. REQUIREMENTS FOR NUCLEAR POSTURE RE-

8
9

VIEW.

(a) INCORPORATION

OF

STAKEHOLDER VIEWS.—In

10 preparing the Nuclear Posture Review, the Secretary of De11 fense shall fully incorporate input and views from all rel12 evant stakeholders in the United States Government, includ13 ing the Secretary of Energy, the Secretary of State, the Ad14 ministrator for Nuclear Security, and the heads of compo15 nents of the Department of State, the Department of En16 ergy, and the National Nuclear Security Administration
17 with responsibility for negotiating and verifying compli18 ance with international arms control initiatives.
19

(b) AVAILABILITY.—The Secretary of Defense shall en-

20 sure that—
21

(1) the Nuclear Posture Review is submitted, in

22

its entirety, to the President and the congressional de-

23

fense committees; and

24
25

(2) an unclassified version of the Nuclear Posture Review is made available to the public.

† HR 2810 PAP

779
1

SEC. 1640. SENSE OF CONGRESS ON NUCLEAR POSTURE RE-

2
3

VIEW.

It is the sense of Congress that the Nuclear Posture

4 Review should—
5

(1) take into account the obligations of the

6

United States under treaties ratified by and with the

7

advice and consent of the Senate; and

8

(2) examine the tools required to sustain the

9

stockpile stewardship program under section 4201 of

10

the Atomic Energy Defense Act (50 U.S.C. 2521) in

11

the future to ensure the safety, security, and effective-

12

ness of the nuclear arsenal of the United States.

13
14

Subtitle E—Missile Defense
Programs

15

SEC. 1651. IRON DOME SHORT-RANGE ROCKET DEFENSE

16

SYSTEM AND ISRAELI COOPERATIVE MISSILE

17

DEFENSE PROGRAM CO-DEVELOPMENT AND

18

CO-PRODUCTION.

19

(a) IRON DOME SHORT-RANGE ROCKET DEFENSE

20 SYSTEM.—
21

(1) AVAILABILITY

OF FUNDS.—Of

the funds au-

22

thorized to be appropriated by this Act or otherwise

23

made available for fiscal year 2018 for procurement,

24

Defense-wide, and available for the Missile Defense

25

Agency, not more than $92,000,000 may be provided

26

to the Government of Israel to procure Tamir inter† HR 2810 PAP

780
1

ceptors for the Iron Dome short-range rocket defense

2

system through co-production of such interceptors in

3

the United States by industry of the United States.

4

(2) CONDITIONS.—

5

(A)

AGREEMENT.—Funds

described

in

6

paragraph (1) for the Iron Dome short-range

7

rocket defense program shall be available subject

8

to the terms and conditions in the Agreement Be-

9

tween the Department of Defense of the United

10

States of America and the Ministry of Defense of

11

the State of Israel Concerning Iron Dome De-

12

fense System Procurement, signed on March 5,

13

2014, as amended to include co-production for

14

Tamir interceptors. In negotiations by the Mis-

15

sile Defense Agency and the Missile Defense Or-

16

ganization of the Government of Israel regarding

17

such production, the goal of the United States is

18

to maximize opportunities for co-production of

19

the Tamir interceptors described in paragraph

20

(1) in the United States by industry of the

21

United States.

22

(B) CERTIFICATION.—Not later than 30

23

days prior to the initial obligation of funds de-

24

scribed in paragraph (1), the Director of the

25

Missile Defense Agency and the Under Secretary

† HR 2810 PAP

781
1

of Defense for Acquisition and Sustainment shall

2

jointly submit to the appropriate congressional

3

committees—

4

(i) a certification that the amended bi-

5

lateral international agreement specified in

6

subparagraph (A) is being implemented as

7

provided in such agreement; and

8

(ii) an assessment detailing any risks

9

relating to the implementation of such

10
11

agreement.
(b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-

12

GRAM,

13

TION.—

14

DAVID’S SLING WEAPON SYSTEM CO-PRODUC-

(1) IN

GENERAL.—Subject

to paragraph (2), of

15

the funds authorized to be appropriated for fiscal year

16

2018 for procurement, Defense-wide, and available for

17

the

18

$120,000,000 may be provided to the Government of

19

Israel to procure the David’s Sling Weapon System,

20

including for co-production of parts and components

21

in the United States by United States industry.

Missile

Defense

Agency

not

more

than

22

(2) CERTIFICATION.—The Under Secretary of

23

Defense for Acquisition and Sustainment shall submit

24

to the appropriate congressional committees a certifi-

25

cation that—

† HR 2810 PAP

782
1

(A) the Government of Israel has dem-

2

onstrated the successful completion of the knowl-

3

edge points, technical milestones, and production

4

readiness reviews required by the research, devel-

5

opment, and technology agreement and the bilat-

6

eral co-production agreement for the David’s

7

Sling Weapon System;

8

(B) funds specified in paragraph (1) will be

9

provided on the basis of a one-for-one cash match

10

made by Israel or in another matching amount

11

that otherwise meets best efforts (as mutually

12

agreed to by the United States and Israel); and

13

(C) the level of co-production of parts, com-

14

ponents, and all-up rounds (if appropriate) in

15

the United States by United States industry for

16

the David’s Sling Weapon System is not less

17

than 50 percent.

18

(c) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-

19

GRAM,

20

PRODUCTION.—

21

(1) IN

ARROW 3 UPPER TIER INTERCEPTOR PROGRAM CO-

GENERAL.—Subject

to paragraphs (2) and

22

(3), of the funds authorized to be appropriated for fis-

23

cal year 2018 for procurement, Defense-wide, and

24

available for the Missile Defense Agency not more

25

than $120,000,000 may be provided to the Govern-

† HR 2810 PAP

783
1

ment of Israel for the Arrow 3 Upper Tier Interceptor

2

Program, including for co-production of parts and

3

components in the United States by United States in-

4

dustry.

5

(2) LIMITATION

ON FUNDING.—None

of the funds

6

authorized to be appropriated in paragraph (1) may

7

be obligated or expended until 30 days after the suc-

8

cessful completion of two flight tests at a test range

9

in the United States to validate Arrow Weapon Sys-

10

tem capabilities and interoperability with ballistic

11

missile system components of the United States.

12

(3) CERTIFICATION.—

13

(A) CRITERIA.—Except as provided by

14

paragraph (4), the Under Secretary of Defense

15

for Acquisition and Sustainment shall submit to

16

the appropriate congressional committees a cer-

17

tification that—

18

(i) the Government of Israel has dem-

19

onstrated the successful completion of the

20

knowledge points, technical milestones, and

21

production readiness reviews required by

22

the research, development, and technology

23

agreements for the Arrow 3 Upper Tier De-

24

velopment Program;

† HR 2810 PAP

784
1

(ii) funds specified in paragraph (1)

2

will be provided on the basis of a one-for-

3

one cash match made by Israel or in an-

4

other matching amount that otherwise meets

5

best efforts (as mutually agreed to by the

6

United States and Israel);

7

(iii) the United States has entered into

8

a bilateral international agreement with

9

Israel that establishes, with respect to the

10

use of such funds—

11

(I) in accordance with clause (iv),

12

the terms of co-production of parts and

13

components on the basis of the greatest

14

practicable

15

components, and all-up rounds (if ap-

16

propriate) by United States industry

17

and minimizes nonrecurring engineer-

18

ing and facilitization expenses to the

19

costs needed for co-production;

co-production

of

parts,

20

(II) complete transparency on the

21

requirement of Israel for the number of

22

interceptors and batteries that will be

23

procured, including with respect to the

24

procurement plans, acquisition strat-

25

egy, and funding profiles of Israel;

† HR 2810 PAP

785
1

(III) technical milestones for co-

2

production of parts and components

3

and procurement;

4

(IV) a joint affordability working

5

group to consider cost reduction initia-

6

tives; and

7

(V) joint approval processes for

8

third-party sales; and

9

(iv) the level of co-production described

10

in clause (iii)(I) for the Arrow 3 Upper

11

Tier Interceptor Program is not less than

12

50 percent.

13

(4) WAIVER.—The Under Secretary may waive

14

the certification required by paragraph (3) if the

15

Under Secretary certifies to the appropriate congres-

16

sional committees that the Under Secretary has re-

17

ceived sufficient data from the Government of Israel

18

to demonstrate—

19

(A) the funds specified in paragraph (1) are

20

provided to Israel solely for funding the procure-

21

ment of long-lead components and critical hard-

22

ware in accordance with a production plan, in-

23

cluding a funding profile detailing Israeli con-

24

tributions for production, including long-lead

† HR 2810 PAP

786
1

production, of the Arrow 3 Upper Tier Inter-

2

ceptor Program;

3

(B) such long-lead components have success-

4

fully completed knowledge points, technical mile-

5

stones, and production readiness reviews; and

6

(C) the long-lead procurement will be con-

7

ducted in a manner that maximizes co-produc-

8

tion in the United States without incurring non-

9

recurring engineering activity or cost other than

10

such activity or cost required for suppliers of the

11

United States to start or restart production in

12

the United States.

13

(d) NUMBER.—In carrying out paragraph (2) of sub-

14 section (b) and paragraph (3) of subsection (c), the Under
15 Secretary may submit—
16

(1) one certification covering both the David’s

17

Sling Weapon System and the Arrow 3 Upper Tier

18

Interceptor Program; or

19

(2) separate certifications for each respective sys-

20

tem.

21

(e) TIMING.—The Under Secretary shall submit to the

22 congressional defense committees the certifications under
23 paragraph (2) of subsection (b) and paragraph (3) of sub24 section (c) by not later than 60 days before the funds speci25 fied in paragraph (1) of subsections (b) and (c) for the re-

† HR 2810 PAP

787
1 spective system covered by the certification are provided to
2 the Government of Israel.
3
4

(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In

this section, the term ‘‘appropriate congres-

5 sional committees’’ means the following:
6

(1) The congressional defense committees.

7

(2) The Committee on Foreign Relations of the

8

Senate and the Committee on Foreign Affairs of the

9

House of Representatives.

10

SEC. 1652. DEVELOPMENT OF PERSISTENT SPACE-BASED

11
12

SENSOR ARCHITECTURE.

(a) IN GENERAL.—Unless otherwise directed or rec-

13 ommended by the Ballistic Missile Defense Review
14 (BMDR), the Director of the Missile Defense Agency shall
15 develop, using sound acquisition practices, a highly reliable
16 and cost-effective persistent space-based sensor architecture
17 capable of supporting the ballistic missile defense system.
18

(b) TESTING

AND

DEPLOYMENT.—The Director shall

19 ensure that the sensor architecture developed under sub20 section (a) is rigorously tested before final production deci21 sions or operational deployment.
22

(c) FUNCTIONS.—The sensor architecture developed

23 under subsection (a) shall include one or more of the fol24 lowing functions:
25

(1) Control of increased raid sizes.

† HR 2810 PAP

788
1

(2) Precision tracking of threat missiles.

2

(3) Fire-control-quality tracks of evolving threat

3
4
5

missiles.
(4) Enabling of launch-on-remote and engage-onremote capabilities.

6

(5) Discrimination of warheads.

7

(6) Effective kill assessment.

8

(7) Enhanced shot doctrine.

9

(8) Integration with the command, control, battle

10

management, and communication program of the bal-

11

listic missile defense system.

12

(9) Integration with all other elements of the

13

current ballistic missile defense system, including the

14

Terminal High Altitude Area Defense, Aegis Ballistic

15

Missile Defense, Aegis Ashore, and Patriot Air and

16

Missile Defense Systems.

17

(10) Such additional functions as determined by

18

the Ballistic Missile Defense Review.

19

(d) COST ESTIMATES.—Whenever the Director devel-

20 ops a cost estimate for the sensor architecture required by
21 subsection (a), the Director shall use—
22

(1) the cost-estimating and assessment guide of

23

the Government Accountability Office entitled ‘‘GAO

24

Cost Estimating and Assessment Guide’’ (GAO–09–

25

3SP), or a successor guide; or

† HR 2810 PAP

789
1

(2) the most current operating and support cost-

2

estimating guide of the Office of Cost Assessment and

3

Program Evaluation (CAPE).

4

SEC. 1653. GROUND-BASED INTERCEPTOR CAPABILITY, CA-

5
6

PACITY, AND RELIABILITY.

(a) SENSE OF THE SENATE.—It is the sense of the Sen-

7 ate that it is the policy of the United States to maintain
8 and improve, with the allies of the United States, an effec9 tive, robust layered missile defense system capable of defend10 ing the citizens of the United States residing in territories
11 and States of the United States, allies of the United States,
12 and deployed Armed Forces of the United States.
13
14

(b) INCREASE IN CAPACITY AND CONTINUED ADVANCEMENT.—The

Secretary of Defense shall—

15

(1) subject to the annual authorization of appro-

16

priations and the annual appropriation of funds for

17

National Missile Defense, increase the number of

18

United States ground-based interceptors, unless other-

19

wise directed by the Ballistic Missile Defense Review,

20

by up to 28;

21

(2) develop a plan to further increase such num-

22

ber to the currently available missile field capacity of

23

104 and to plan for any future capacity at any site

24

that may be identified by the Ballistic Missile Defense

25

Review; and

† HR 2810 PAP

790
1

(3) continue to rapidly advance missile defense

2

technologies to improve the capability and reliability

3

of the ground-based midcourse defense element of the

4

ballistic missile defense system.

5

(c) DEPLOYMENT.—Not later than December 31, 2021,

6 the Secretary of Defense shall—
7

(1) execute any requisite construction to ensure

8

that Missile Field 1 or Missile Field 2 at Fort Greely

9

or alternative missile fields at Fort Greely which may

10

be identified pursuant to subsection (b), are capable

11

of supporting and sustaining additional ground-based

12

interceptors;

13

(2) deploy up to 14 additional ground-based

14

interceptors to Missile Field 1 or up to 20 additional

15

ground-based interceptors to an alternative missile

16

field at Fort Greely as soon as technically feasible;

17

and

18

(3) identify a ground-based interceptor stockpile

19

storage site for the remaining ground-based intercep-

20

tors required by subsection (b).

21

(d) REPORT.—

22

(1) IN

GENERAL.—Unless

otherwise directed or

23

recommended by the Ballistic Missile Defense Review

24

(BMDR), the Director of the Missile Defense Agency

25

shall submit to the congressional defense committees,

† HR 2810 PAP

791
1

not later than 90 days after the completion of the

2

Ballistic Missile Defense Review, a report on options

3

to increase the capability, capacity, and reliability of

4

the ground-based midcourse defense element of the bal-

5

listic missile defense system and the infrastructure re-

6

quirements for increasing the number of ground-based

7

interceptors in currently feasible locations across the

8

United States.

9
10

(2) CONTENTS.—The report required by paragraph (1) shall include the following:

11

(A) An identification of potential sites in

12

the United States, whether existing or new on the

13

East Coast or in the Midwest, for the deployment

14

of 104 ground-based interceptors.

15

(B) A cost-benefit analysis of each such site,

16

including tactical, operational, and cost-to-con-

17

struct considerations.

18

(C) A description of any completed and out-

19

standing environmental assessments or impact

20

statements for each such site.

21

(D) A description of the existing capacity of

22

the missile fields at Fort Greely and the infra-

23

structure requirements needed to increase the

24

number of ground-based interceptors to 20

25

ground-based interceptors each.

† HR 2810 PAP

792
1

(E) A description of the additional infra-

2

structure and components needed to further out-

3

fit missile fields at Fort Greely before emplacing

4

additional ground-based interceptors configured

5

with the redesigned kill vehicle, including with

6

respect to ground excavation, silos, utilities, and

7

support equipment.

8
9

(F) A cost estimate of such infrastructure
and components.

10

(G) An estimated schedule for completing

11

such construction as may be required for such

12

infrastructure and components.

13

(H) An identification of any environmental

14

assessments or impact studies that would need to

15

be conducted to expand such missile fields at

16

Fort Greely beyond current capacity.

17

(I) An operational evaluation and cost

18

analysis of the deployment of transportable

19

ground-based interceptors, including an identi-

20

fication of potential sites, including in the east-

21

ern United States and at Vandenberg Air Force

22

Base, and an examination of any environmental,

23

legal, or tactical challenges associated with such

24

deployments, including to any sites identified in

25

subparagraph (A).

† HR 2810 PAP

793
1

(J) A determination of the appropriate fleet

2

mix of ground-based interceptor kill vehicles and

3

boosters to maximize overall system effectiveness

4

and increase its capacity and capability, includ-

5

ing the costs and benefits of continued inclusion

6

of capability enhancement II (CE–II) Block 1

7

interceptors after the fielding of the redesigned

8

kill vehicle.

9

(K) A description of the planned improve-

10

ments to homeland ballistic missile defense sen-

11

sor and discrimination capabilities and an as-

12

sessment of the expected operational benefits of

13

such improvements to homeland ballistic missile

14

defense.

15

(L) The benefit of supplementing ground-

16

based midcourse defense elements with other,

17

more distributed, elements, including both Aegis

18

ships and Aegis Ashore installations with Stand-

19

ard Missile-3 Block IIA and other interceptors in

20

Hawaii and at other locations for homeland mis-

21

sile defense.

22

(3) FORM.—The report submitted under para-

23

graph (1) shall be submitted in unclassified form, but

24

may include a classified annex.

† HR 2810 PAP

794
1

SEC. 1654. SENSE OF THE SENATE ON THE STATE OF

2
3

UNITED STATES MISSILE DEFENSE.

It is the sense of the Senate that—

4

(1) the Secretary of Defense should use the Bal-

5

listic Missile Defense Review (BMDR) to consider ac-

6

celerating the development of technologies that will in-

7

crease the capacity, capability, and reliability of the

8

ground-based midcourse defense element of the bal-

9

listic missile defense system;

10

(2) upon completion of the Ballistic Missile De-

11

fense Review, the Director of the Missile Defense

12

Agency should, to the extent practicable and with

13

sound acquisition practices, accelerate the develop-

14

ment, testing, and fielding of such capabilities as they

15

are prioritized in the Ballistic Missile Defense Re-

16

view, including the redesigned kill vehicle, the multi-

17

object kill vehicle, the C3 booster, a space-based sensor

18

layer, boost phase sensor and kill technologies, and

19

additional ground-based interceptors; and

20

(3) in order to achieve these objectives, and to

21

avoid post-production and post-deployment problems,

22

it is essential for the Department of Defense and the

23

Missile Defense Agency to follow a ‘‘fly before you

24

buy’’ approach to adequately test and assess the ele-

25

ments of the ballistic missile defense system before

26

final production decisions or operational deployment.
† HR 2810 PAP

795
1

SEC. 1655. SENSE OF THE SENATE AND REPORT ON

2

GROUND-BASED MIDCOURSE DEFENSE TEST-

3

ING.

4

(a) SENSE OF THE SENATE.—It is the sense of the Sen-

5 ate that—
6

(1) at a minimum, the Missile Defense Agency

7

should continue to flight test the ground-based mid-

8

course defense element at least once each fiscal year;

9

(2) the Department of Defense should allocate in-

10

creased funding to homeland missile defense testing to

11

ensure that our defenses continue to evolve faster than

12

the threats against which they are postured to defend;

13

(3) in order to rapidly innovate, develop, and

14

field new technologies, the Director of the Missile De-

15

fense Agency should continue to focus testing cam-

16

paigns on delivering increased capabilities to the

17

Armed Forces as quickly as possible; and

18

(4) the Director of the Missile Defense Agency

19

should seek to establish a more prudent balance be-

20

tween risk mitigation and the more rapid testing pace

21

needed to quickly develop and deliver new capabilities

22

to the Armed Forces.

23

(b) REPORT TO CONGRESS.—

24

(1) IN

GENERAL.—Not

later than 90 days after

25

the date of the enactment of this Act, the Director of

26

the Missile Defense Agency shall submit to the con† HR 2810 PAP

796
1

gressional defense committees a revised missile defense

2

testing campaign plan that accelerates the develop-

3

ment and deployment of new missile defense tech-

4

nologies.

5
6

(2) CONTENTS.—The report required by paragraph (1) shall include the following:

7
8

(A) A detailed analysis of the acceleration
of each of following programs:

9

(i) Redesigned kill vehicle.

10

(ii) Multi-object kill vehicle.

11

(iii) Configuration-3 Booster.

12

(iv) Lasers mounted on small un-

13

manned aerial vehicles.

14

(v) Space-based missile defense sensor

15

architecture.

16

(vi) Such additional technologies as the

17

Director considers appropriate.

18

(B) A new deployment timeline for each of

19

the programs in listed in subparagraph (A) or a

20

detailed description of why the current timeline

21

for deployment technologies under those pro-

22

grams is most suitable.

23

(C) An identification of any funding or pol-

24

icy restrictions that would slow down the deploy-

† HR 2810 PAP

797
1

ment of the technologies under the programs list-

2

ed in subparagraph (A).

3

(D) A risk assessment of the potential cost-

4

overruns and deployment delays that may be en-

5

countered in the expedited development process of

6

the capabilities under paragraph (1).

7

(c) REPORT

ON

FUNDING PROFILE.—The Director

8 shall include with the budget justification materials sub9 mitted to Congress in support of the budget of the Depart10 ment of Defense for fiscal year 2019 (as submitted with the
11 budget of the President under section 1105(a) of title 31,
12 United States Code) a report on the funding profile nec13 essary for the new testing campaign plan required by sub14 section (b)(1).
15
16
17
18

Subtitle F—Cyber Scholarship
Opportunities
SEC. 1661. SHORT TITLE.

This subtitle may be cited as the ‘‘Cyber Scholarship

19 Opportunities Act of 2017’’.
20

SEC. 1662. COMMUNITY COLLEGE CYBER PILOT PROGRAM

21
22

AND ASSESSMENT.

(a) PILOT PROGRAM.—Not later than 1 year after the

23 date of enactment of this subtitle, as part of the Federal
24 Cyber Scholarship-for-Service program established under
25 section 302 of the Cybersecurity Enhancement Act of 2014

† HR 2810 PAP

798
1 (15 U.S.C. 7442), the Director of the National Science
2 Foundation, in coordination with the Director of the Office
3 of Personnel Management, shall develop and implement a
4 pilot program at not more than 10, but at least 5, commu5 nity colleges to provide scholarships to eligible students
6 who—
7

(1) are pursuing associate degrees or specialized

8

program certifications in the field of cybersecurity;

9

and

10

(2)(A) have bachelor’s degrees; or

11

(B) are veterans of the armed forces.

12

(b) ASSESSMENT.—Not later than 1 year after the date

13 of enactment of this subtitle, as part of the Federal Cyber
14 Scholarship-for-Service program established under section
15 302 of the Cybersecurity Enhancement Act of 2014 (15
16 U.S.C. 7442), the Director of the National Science Founda17 tion, in coordination with the Director of the Office of Per18 sonnel Management, shall assess the potential benefits and
19 feasibility of providing scholarships through community
20 colleges to eligible students who are pursuing associate de21 grees, but do not have bachelor’s degrees.
22

SEC. 1663. FEDERAL CYBER SCHOLARSHIP-FOR SERVICE

23
24

PROGRAM UPDATES.

(a) IN GENERAL.—Section 302 of the Cybersecurity

25 Enhancement Act of 2014 (15 U.S.C. 7442) is amended—

† HR 2810 PAP

799
1
2

(1) by striking subsection (b)(3) and inserting
the following:

3

‘‘(3) prioritize the employment placement of at

4

least 80 percent of scholarship recipients in an execu-

5

tive agency (as defined in section 105 of title 5,

6

United States Code); and

7

‘‘(4) provide awards to improve cybersecurity

8

education at the kindergarten through grade 12

9

level—

10

‘‘(A) to increase interest in cybersecurity

11

careers;

12

‘‘(B) to help students practice correct and

13

safe

14

foundational principles of cybersecurity;

online

behavior

and

understand

the

15

‘‘(C) to improve teaching methods for deliv-

16

ering cybersecurity content for kindergarten

17

through grade 12 computer science curricula;

18

and

19

‘‘(D) to promote teacher recruitment in the

20

field of cybersecurity.’’;

21

(2) by amending subsection (d) to read as fol-

22

lows:

23

‘‘(d) POST-AWARD EMPLOYMENT OBLIGATIONS.—Each

24 scholarship recipient, as a condition of receiving a scholar25 ship under the program, shall enter into an agreement

† HR 2810 PAP

800
1 under which the recipient agrees to work for a period equal
2 to the length of the scholarship, following receipt of the stu3 dent’s degree, in the cybersecurity mission of—
4
5

‘‘(1) an executive agency (as defined in section
105 of title 5, United States Code);

6

‘‘(2) Congress, including any agency, entity, of-

7

fice, or commission established in the legislative

8

branch;

9

‘‘(3) an interstate agency;

10

‘‘(4) a State, local, or tribal government; or

11

‘‘(5) a State, local, or tribal government-affili-

12

ated non-profit that is considered to be critical infra-

13

structure (as defined in section 1016(e) of the USA

14

Patriot Act (42 U.S.C. 5195c(e)).’’;

15

(3) in subsection (f)—

16

(A) by amending paragraph (3) to read as

17

follows:

18

‘‘(3) have demonstrated a high level of com-

19

petency in relevant knowledge, skills, and abilities, as

20

defined by the national cybersecurity awareness and

21

education program under section 401;’’; and

22

(B) by amending paragraph (4) to read as

23

follows:

24

‘‘(4) be a full-time student in an eligible degree

25

program at a qualified institution of higher edu-

† HR 2810 PAP

801
1

cation, as determined by the Director of the National

2

Science Foundation, except that in the case of a stu-

3

dent who is enrolled in a community college, be a stu-

4

dent pursuing a degree on a less than full-time basis,

5

but not less than half-time basis; and’’; and

6

(4) by amending subsection (m) to read as fol-

7

lows:

8

‘‘(m) PUBLIC INFORMATION.—

9

‘‘(1) EVALUATION.—The Director of the National

10

Science Foundation, in coordination with the Direc-

11

tor of the Office of Personnel Management, shall peri-

12

odically evaluate and make public, in a manner that

13

protects the personally identifiable information of

14

scholarship recipients, information on the success of

15

recruiting individuals for scholarships under this sec-

16

tion and on hiring and retaining those individuals in

17

the public sector cyber workforce, including on—

18

‘‘(A) placement rates;

19

‘‘(B) where students are placed, including

20

job titles and descriptions;

21
22

‘‘(C) student salary ranges for students not
released from obligations under this section;

23
24

‘‘(D) how long after graduation they are
placed;

† HR 2810 PAP

802
1
2

‘‘(E) how long they stay in the positions
they enter upon graduation;

3
4

‘‘(F) how many students are released from
obligations; and

5

‘‘(G) what, if any, remedial training is re-

6

quired.

7

‘‘(2) REPORTS.—The Director of the National

8

Science Foundation, in coordination with the Office

9

of Personnel Management, shall submit, at least once

10

every 3 years, to the Committee on Commerce,

11

Science, and Transportation of the Senate and the

12

Committee on Science, Space, and Technology of the

13

House of Representatives a report, including the re-

14

sults of the evaluation under paragraph (1) and any

15

recent statistics regarding the size, composition, and

16

educational requirements of the Federal cyber work-

17

force.

18

‘‘(3) RESOURCES.—The Director of the National

19

Science Foundation, in coordination with the Direc-

20

tor of the Office of Personnel Management, shall pro-

21

vide consolidated and user-friendly online resources

22

for prospective scholarship recipients, including, to

23

the extent practicable—

24

‘‘(A) searchable, up-to-date, and accurate

25

information about participating institutions of

† HR 2810 PAP

803
1

higher education and job opportunities related to

2

the field of cybersecurity; and

3

‘‘(B) a modernized description of cybersecu-

4

rity careers.’’.

5

(b) SAVINGS PROVISION.—Nothing in this section, or

6 an amendment made by this section, shall affect any agree7 ment, scholarship, loan, or repayment, under section 302
8 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
9 7442), in effect on the day before the date of enactment of
10 this subtitle.
11

SEC. 1664. CYBERSECURITY TEACHING.

12

Section 10(i) of the National Science Foundation Au-

13 thorization Act of 2002 (42 U.S.C. 1862n–1(i)) is amend14 ed—
15
16

(1) by amending paragraph (5) to read as follows:

17

‘‘(5) the term ‘mathematics and science teacher’

18

means a science, technology, engineering, mathe-

19

matics, or computer science, including cybersecurity,

20

teacher at the elementary school or secondary school

21

level;’’; and

22
23

(2) by amending paragraph (7) to read as follows:

24

‘‘(7) the term ‘science, technology, engineering, or

25

mathematics professional’ means an individual who

† HR 2810 PAP

804
1

holds a baccalaureate, master’s, or doctoral degree in

2

science, technology, engineering, mathematics, or com-

3

puter science, including cybersecurity, and is working

4

in or had a career in such field or a related area;

5

and’’.

8

DIVISION
B—MILITARY
CONSTRUCTION
AUTHORIZATIONS

9

SEC. 2001. SHORT TITLE.

6
7

10

This division may be cited as the ‘‘Military Construc-

11 tion Authorization Act for Fiscal Year 2018’’.
12

SEC.

2002.

EXPIRATION

OF

AUTHORIZATIONS

AND

13

AMOUNTS REQUIRED TO BE SPECIFIED BY

14

LAW.

15

(a) EXPIRATION

OF

AUTHORIZATIONS AFTER FIVE

16 YEARS.—Except as provided in subsection (b), all author17 izations contained in titles XXI through XXVII for military
18 construction projects, land acquisition, family housing
19 projects and facilities, and contributions to the North At20 lantic Treaty Organization Security Investment Program
21 (and authorizations of appropriations therefor) shall expire
22 on the later of—
23

(1) October 1, 2022; or

† HR 2810 PAP

805
1

(2) the date of the enactment of an Act author-

2

izing funds for military construction for fiscal year

3

2023.

4

(b) EXCEPTION.—Subsection (a) shall not apply to au-

5 thorizations for military construction projects, land acqui6 sition, family housing projects and facilities, and contribu7 tions to the North Atlantic Treaty Organization Security
8 Investment Program (and authorizations of appropriations
9 therefor), for which appropriated funds have been obligated
10 before the later of—
11

(1) October 1, 2022; or

12

(2) the date of the enactment of an Act author-

13

izing funds for fiscal year 2023 for military construc-

14

tion projects, land acquisition, family housing

15

projects and facilities, or contributions to the North

16

Atlantic Treaty Organization Security Investment

17

Program.

18

(c) EXTENSION

OF

AUTHORIZATIONS

OF

FISCAL YEAR

19 2016 AND FISCAL YEAR 2017 PROJECTS.—
20

(1) FISCAL

YEAR 2016 PROJECTS.—Section

2002

21

of the Military Construction Authorization Act for

22

Fiscal Year 2016 (division B of Public Law 114–92;

23

129 Stat. 1145) is amended—

24

(A) in subsection (a)—

† HR 2810 PAP

806
1

(i) in paragraph (1), by striking

2

‘‘2018’’ and inserting ‘‘2020’’; and

3

(ii) in paragraph (2), by striking

4

‘‘2019’’ and inserting ‘‘2021’’; and

5

(B) in subsection (b)—

6

(i) in paragraph (1), by striking

7

‘‘2018’’ and inserting ‘‘2020’’; and

8

(ii) in paragraph (2), by striking

9
10

‘‘2019’’ and inserting ‘‘2021’’.
(2) FISCAL

YEAR 2017 PROJECTS.—Section

2002

11

of the Military Construction Authorization Act for

12

Fiscal Year 2017 (division B of Public Law 114–328;

13

129 Stat. 1145) is amended—

14

(A) in subsection (a)—

15

(i) in paragraph (1), by striking

16

‘‘2019’’ and inserting ‘‘2021’’; and

17

(ii) in paragraph (2), by striking

18

‘‘2020’’ and inserting ‘‘2022’’; and

19

(B) in subsection (b)—

20

(i) in paragraph (1), by striking

21

‘‘2019’’ and inserting ‘‘2021’’; and

22

(ii) in paragraph (2), by striking

23

‘‘2020’’ and inserting ‘‘2022’’.

† HR 2810 PAP

807
1
2

SEC. 2003. EFFECTIVE DATE.

Titles XXI through XXVII and title XXIX shall take

3 effect on the later of—
4

(1) October 1, 2017; or

5

(2) the date of the enactment of this Act.

6
7

TITLE XXI—ARMY MILITARY
CONSTRUCTION

8

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9
10

ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts ap-

11 propriated pursuant to the authorization of appropriations
12 in section 2103(a) and available for military construction
13 projects inside the United States as specified in the funding
14 table in section 4601, the Secretary of the Army may ac15 quire real property and carry out military construction
16 projects for the installations or locations inside the United
17 States, and in the amounts, set forth in the following table:
Army: Inside the United States
State

Installation

Alabama .....................
Arizona ......................

Fort Rucker ........................................................
Davis-Monthan Air Force Base .......................
Fort Huachuca ..................................................
Fort Irwin ..........................................................
Fort Carson ........................................................
Eglin Air Force Base ........................................
Fort Benning .....................................................
Fort Gordon .......................................................
Pohakuloa Training Area .................................
Crane Army Ammunition Plant ......................
United States Military Academy .....................
Fort Jackson ......................................................
Shaw Air Force Base ........................................
Camp Bullis .......................................................
Fort Hood ..........................................................
Joint Base Langley-Eustis ...............................
Joint Base Myer-Henderson .............................
Yakima ...............................................................

California ..................
Colorado .....................
Florida .......................
Georgia .......................
Hawaii .......................
Indiana ......................
New York ....................
South Carolina ..........
Texas ..........................
Virginia .....................
Washington ................
† HR 2810 PAP

Amount

$38,000,000
$22,000,000
$30,000,000
$3,000,000
$29,300,000
$18,000,000
$38,800,000
$51,500,000
$25,000,000
$24,000,000
$22,000,000
$60,000,000
$25,000,000
$13,600,000
$70,000,000
$34,000,000
$20,000,000
$19,500,000

808
1

(b) OUTSIDE

THE

UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2103(a) and available for military con4 struction projects outside the United States as specified in
5 the funding table in section 4601, the Secretary of the Army
6 may acquire real property and carry out the military con7 struction project for the installations or locations outside
8 the United States, and in the amounts, set forth in the fol9 lowing table:
Army: Outside the United States
Country

Installation

Germany .......................

Stuttgart ..........................................................
Weisbaden ........................................................
Kunsan Air Base ............................................
Various Locations ...........................................

Korea .............................
Turkey ...........................

10

Amount

(c) CERTIFICATION REQUIREMENT

FOR

$40,000,000
$43,000,000
$53,000,000
$6,400,000

CERTAIN

11 PROJECTS.—The Secretary of the Army may not exercise
12 the authority provided under subsection (a) with respect to
13 the Fort Rucker, Alabama, or the Fort Benning, Georgia,
14 projects set forth in the table under such subsection unless
15 the Secretary of Defense, without delegation, certifies to the
16 congressional defense committees that such project is essen17 tial for Army training.
18
19

SEC. 2102. FAMILY HOUSING.

(a)

CONSTRUCTION

AND

ACQUISITION.—Using

20 amounts appropriated pursuant to the authorization of ap21 propriations in section 2103(a) and available for military
22 family housing functions as specified in the funding table
† HR 2810 PAP

809
1 in section 4601, the Secretary of the Army may construct
2 or acquire family housing units (including land acquisition
3 and supporting facilities) at the installations or locations,
4 in the number of units, and in the amounts set forth in
5 the following table:
Army: Family Housing

6

State/Country

Installation or Location

Units

Georgia ...........

Fort Gordon ...............................

Germany .........

South Camp Vilseck ..................

Korea ..............

Camp Humphreys .....................

Massachusetts

Natick .........................................

Family Housing
New Construction
Family Housing
New Construction
Family Housing
New Construction
Family Housing
Replacement Construction

(b) PLANNING

AND

Amount

$6,100,000
$22,445,000
$34,402,000
$21,000,000

DESIGN.—Using amounts appro-

7 priated pursuant to the authorization of appropriations in
8 section 2103(a) and available for military family housing
9 functions as specified in the funding table in section 4601,
10 the Secretary of the Army may carry out architectural and
11 engineering services and construction design activities with
12 respect to the construction or improvement of family hous13 ing units in an amount not to exceed $33,559,000.
14
15

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

16 hereby authorized to be appropriated for fiscal years begin17 ning after September 30, 2017, for military construction,
18 land acquisition, and military family housing functions of

† HR 2810 PAP

810
1 the Department of the Army as specified in the funding
2 table in section 4601.
3

(b) LIMITATION

ON

TOTAL COST

OF

CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and
6 any other cost variation authorized by law, the total cost
7 of all projects carried out under section 2101 of this Act
8 may not exceed the total amount authorized to be appro9 priated under subsection (a), as specified in the funding
10 table in section 4601.
11

SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT

12

CERTAIN FISCAL YEAR 2014 PROJECT.

13

In the case of the authorization contained in the table

14 in section 2101(a) of the Military Construction Authoriza15 tion Act for Fiscal Year 2014 (division B of Public Law
16 113–66; 127 Stat. 986) for Joint Base Lewis-McChord,
17 Washington, for construction of an airfield operations com18 plex, the Secretary of the Army may construct standby gen19 erator capacity of 1,000 kilowatts.
20

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

21

CERTAIN FISCAL YEAR 2015 PROJECT.

22

In the case of the authorization contained in the table

23 in section 2101(a) of the Military Construction Authoriza24 tion Act for Fiscal Year 2015 (division B of Public Law
25 113–291; 128 Stat. 3670) for Fort Shafter, Hawaii, for con-

† HR 2810 PAP

811
1 struction of a command and control facility, the Secretary
2 of the Army may construct 15 megawatts of redundant
3 power

generation

for

a

total

project

amount

of

4 $370,000,000.
5

SEC. 2106. EXTENSION OF AUTHORIZATION OF CERTAIN

6
7

FISCAL YEAR 2014 PROJECT.

(a) EXTENSION.—Notwithstanding section 2002 of the

8 Military Construction Authorization Act for Fiscal Year
9 2014 (division B of Public Law 113–66; 127 Stat. 985),
10 the authorization set forth in the table in subsection (b),
11 as provided in section 2101 of that Act (127 Stat. 986),
12 shall remain in effect until October 1, 2018, or the date
13 of the enactment of an Act authorizing funds for military
14 construction for fiscal year 2019, whichever is later.
15

(b) TABLE.—The table referred to in subsection (a) is

16 as follows:
Army: Extension of 2014 Project Authorizations
Country

Japan ........

17

Location

Kyoga-Misaki

Company Operations Complex ......................................

Amount

$33,000,000

SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN

18
19

Project

FISCAL YEAR 2015 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

20 Military Construction Authorization Act for Fiscal Year
21 2015 (division B of Public Law 113–291; 128 Stat. 3669),
22 the authorizations set forth in the table in subsection (b),
† HR 2810 PAP

812
1 as provided in section 2101 of that Act (128 Stat. 3670),
2 shall remain in effect until October 1, 2018, or the date
3 of the enactment of an Act authorizing funds for military
4 construction for fiscal year 2019, whichever is later.
5

(b) TABLE.—The table referred to in subsection (a) is

6 as follows:
Army: Extension of 2015 Project Authorizations
State/
Country

California

Hawaii ......
Japan ........
Texas .........

Installation
or Location

Project

Military
Ocean Terminal Concord.
Fort Shafter ...

Access Control Point ..............

$9,900,000

Command and Control Facility (SCIF) ...........................

$370,000,000

Missile Magazine ....................
Simulation Center ..................

$10,600,000
$46,000,000

Kadena Air
Base ............
Fort Hood ......

Amount

8

TITLE XXII—NAVY MILITARY
CONSTRUCTION

9

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

7

10
11

ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts ap-

12 propriated pursuant to the authorization of appropriations
13 in section 2204(a) and available for military construction
14 projects inside the United States as specified in the funding
15 table in section 4601, the Secretary of the Navy may ac16 quire real property and carry out military construction
17 projects for the installations or locations inside the United
18 States, and in the amounts, set forth in the following table:

† HR 2810 PAP

813
Navy: Inside the United States
State

Installation or Location

Arizona .....................
California .................

Yuma ...................................................................
Barstow ...............................................................
Camp Pendleton .................................................
Coronado .............................................................
Lemoore ...............................................................
Miramar ..............................................................
San Diego ...........................................................
Twentynine Palms .............................................
Mayport ...............................................................
Albany .................................................................
Kaneohe Bay .......................................................
Joint Base Pearl Harbor-Hickam ....................
Wahiawa .............................................................
Kittery .................................................................
Camp Lejeune .....................................................
Cherry Point Marine Corps Air Station ..........
Dam Neck ............................................................
Joint Expeditionary Base Little Creek-Story ..
Portsmouth ..........................................................
Quantico ..............................................................
Yorktown .............................................................
Indian Island .....................................................

Florida ......................
Georgia ......................
Hawaii ......................
....................................
Maine ........................
North Carolina .........
Virginia ....................

Washington ...............

1

(b) OUTSIDE

THE

Amount

$36,358,000
$36,539,000
$61,139,000
$36,000,000
$60,828,000
$87,174,000
$108,000,000
$55,099,000
$194,818,000
$43,308,000
$45,512,000
$73,200,000
$65,864,000
$61,692,000
$168,059,000
$15,671,000
$29,262,000
$2,596,000
$72,990,000
$23,738,000
$36,358,000
$44,440,000

UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a) and available for military con4 struction projects outside the United States as specified in
5 the funding table in section 4601, the Secretary of the Navy
6 may acquire real property and carry out military construc7 tion projects for the installation or location outside the
8 United States, and in the amounts, set forth in the following
9 table:
Navy: Outside the United States
Country

Installation or Location

Djibouti ........................
Greece ...........................
Guam ............................
Japan ...........................

Camp Lemonier .................................................
Souda Bay .........................................................
Joint Region Marianas .....................................
Iwakuni ..............................................................

† HR 2810 PAP

Amount

$13,390,000
$22,045,000
$284,679,000
$21,86,000

814
1
2

SEC. 2202. FAMILY HOUSING.

(a)

CONSTRUCTION

AND

ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a) and available for military
5 family housing functions as specified in the funding table
6 in section 4601, the Secretary of the Navy may construct
7 or acquire family housing units (including land acquisition
8 and supporting facilities) at the installation or location,
9 in the number of units, and in the amount set forth in the
10 following table:
Navy: Family Housing

11

State

Installation or Location

Units

Bahrain Island ............

Southwest Asia ..........................

Construction OnBase General and
Flag Officers
Quarters

(b) PLANNING

AND

Amount

$2,138,000

DESIGN.—Using amounts appro-

12 priated pursuant to the authorization of appropriations in
13 section 2204(a) and available for military family housing
14 functions as specified in the funding table in section 4601,
15 the Secretary of the Navy may carry out architectural and
16 engineering services and construction design activities with
17 respect to the construction or improvement of family hous18 ing units in an amount not to exceed $4,418,000.

† HR 2810 PAP

815
1

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2
3

UNITS.

Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2204(a) and available
6 for military family housing functions as specified in the
7 funding table in section 4601, the Secretary of the Navy
8 may improve existing military family housing units in an
9 amount not to exceed $36,251,000.
10
11

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

12 hereby authorized to be appropriated for fiscal years begin13 ning after September 30, 2017, for military construction,
14 land acquisition, and military family housing functions of
15 the Department of the Navy, as specified in the funding
16 table in section 4601.
17

(b) LIMITATION

ON

TOTAL COST

OF

CONSTRUCTION

18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and
20 any other cost variation authorized by law, the total cost
21 of all projects carried out under section 2201 of this Act
22 may not exceed the total amount authorized to be appro23 priated under subsection (a), as specified in the funding
24 table in section 4601.

† HR 2810 PAP

816
1

SEC. 2205. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2
3

FISCAL YEAR 2014 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

4 Military Construction Authorization Act for Fiscal Year
5 2014 (division B of Public Law 113–66; 127 Stat. 985),
6 the authorizations set forth in the table in subsection (b),
7 as provided in section 2201 of that Act (127 Stat. 989) and
8 extended by section 2207 of the Military Construction Au9 thorization Act for Fiscal Year 2017 (division B of Public
10 Law 114–328; 130 Stat. 2694), shall remain in effect until
11 October 1, 2018, or the date of the enactment of an Act
12 authorizing funds for military construction for fiscal year
13 2019, whichever is later.
14

(b) TABLE.—The table referred to in subsection (a) is

15 as follows:
Navy: Extension of 2014 Project Authorizations

16

State

Installation or
Location

Project

Illinois ......................

Great Lakes .............

Nevada .......................

Fallon ......................

Virginia .....................

Quantico ..................

Unaccompanied
Housing ...............
Wastewater Treatment Plant ..........
Fuller Road Improvements ..........

$35,851,000
$11,334,000
$9,013,000

SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN

17
18

Amount

FISCAL YEAR 2015 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

19 Military Construction Authorization Act for Fiscal Year
20 2015 (division B of Public Law 113–291; 128 Stat. 3669),
21 the authorizations set forth in the table in subsection (b),
† HR 2810 PAP

817
1 as provided in section 2201 of that Act (128 Stat. 3675),
2 shall remain in effect until October 1, 2018, or the date
3 of the enactment of an Act authorizing funds for military
4 construction for fiscal year 2019, whichever is later.
5

(b) TABLE.—The table referred to in subsection (a) is

6 as follows:
Navy: Extension of 2015 Project Authorizations
State

Installation or
Location

Project

District of Columbia

NSA Washington ....

Maryland ..................

Indian Head ...........

Electronics Science
and Technology
Lab .......................
Advanced Energetics
Research Lab
Complex Phase 2

Amount

$37,882,000
$15,346,000

8

TITLE XXIII—AIR FORCE
MILITARY CONSTRUCTION

9

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

7

10
11

LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts ap-

12 propriated pursuant to the authorization of appropriations
13 in section 2304(a) and available for military construction
14 projects inside the United States as specified in the funding
15 table in section 4601, the Secretary of the Air Force may
16 acquire real property and carry out military construction
17 projects for the installations or locations inside the United
18 States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
State

Installation or Location

Alaska .....................................
Arkansas .................................
Colorado .................................

Eielson Air Force Base .....................
Little Rock Air Force Base ..............
Buckley Air Force Base ....................

† HR 2810 PAP

Amount

$168,900,000
$20,000,000
$38,000,000

818
Air Force: Inside the United States—Continued
State

Installation or Location

Florida ....................................

Georgia ...................................
Kansas ....................................
Maryland ................................
Nevada ....................................
New Mexico ............................

North Dakota ........................
Ohio ........................................
Oklahoma ...............................
Texas .......................................
Utah ........................................
Wyoming ................................

1

(b) OUTSIDE

Fort Carson .......................................
U.S. Air Force Academy ..................
Eglin Air Force Base .......................
MacDill Air Force Base ...................
Tyndall Air Force Base ....................
Robins Air Force Base .....................
McConnell Air Force Base ...............
Joint Base Andrews ..........................
Nellis Air Force Base .......................
Cannon Air Force Base ....................
Holloman Air Force Base ................
Kirtland Air Force Base ..................
Minot Air Force Base .......................
Wright-Patterson Air Force Base ....
Altus Air Force Base ........................
Joint Base San Antonio ...................
Hill Air Force Base ..........................
F.E. Warren Air Force Base ...........

THE

Amount

$13,000,000
$30,000,000
$90,700,000
$8,100,000
$17,000,000
$9,800,000
$17,500,000
$271,500,000
$61,000,000
$42,000,000
$4,250,000
$9,300,000
$27,000,000
$6,800,000
$20,900,000
$156,630,000
$28,000,000
$62,000,000

UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a) and available for military con4 struction projects outside the United States as specified in
5 the funding table in section 4601, the Secretary of the Air
6 Force may acquire real property and carry out military
7 construction projects for the installation or location outside
8 the United States, and in the amounts, set forth in the fol9 lowing table:
Air Force: Outside the United States
Country

Installation or Location

Australia ................................
Italy ........................................
Qatar ......................................
Turkey ....................................
United Kingdom ....................

Darwin ..............................................
Aviano Air Base ...............................
Al Udeid ............................................
Incirlik Air Base ..............................
RAF Fairford ....................................
RAF Lakenheath ...............................
Unspecified Worldwide Locations ...

Worldwide Unspecified ..........

† HR 2810 PAP

Amount

$76,000,000
$27,325,000
$15,000,000
$25,997,000
$45,650,000
$136,992,000
$325,390,000

819
1

SEC. 2302. FAMILY HOUSING.

2

Using amounts appropriated pursuant to the author-

3 ization of appropriations in section 2304(a) and available
4 for military family housing functions as specified in the
5 funding table in section 4601, the Secretary of the Air Force
6 may carry out architectural and engineering services and
7 construction design activities with respect to the construc8 tion or improvement of family housing units in an amount
9 not to exceed $4,445,000.
10

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11

UNITS.

12

Subject to section 2825 of title 10, United States Code,

13 and using amounts appropriated pursuant to the author14 ization of appropriations in section 2304(a) and available
15 for military family housing functions as specified in the
16 funding table in section 4601, the Secretary of the Air Force
17 may improve existing military family housing units in an
18 amount not to exceed $80,617,000.
19

SEC.

2304.

AUTHORIZATION

20
21

OF

APPROPRIATIONS,

AIR

FORCE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

22 hereby authorized to be appropriated for fiscal years begin23 ning after September 30, 2017, for military construction,
24 land acquisition, and military family housing functions of
25 the Department of the Air Force, as specified in the funding
26 table in section 4601.
† HR 2810 PAP

820
1

(b) LIMITATION

ON

TOTAL COST

OF

CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and
4 any other cost variation authorized by law, the total cost
5 of all projects carried out under section 2301 of this Act
6 may not exceed the total amount authorized to be appro7 priated under subsection (a), as specified in the funding
8 table in section 4601.
9

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT

10
11

CERTAIN FISCAL YEAR 2017 PROJECTS.

(a) HANSCOM AIR FORCE BASE.—In the case of the

12 authorization contained in the table in section 2301(a) of
13 the Military Construction Authorization Act for Fiscal Year
14 2017 (division B of Public Law 114–328; 130 Stat. 2696)
15 for Hanscom Air Force Base, Massachusetts, for construc16 tion of a gate complex at the installation, the Secretary of
17 the Air Force may construct a visitor control center of 187
18 square meters, a traffic check house of 294 square meters,
19 and an emergency power generator system and transfer
20 switch consistent with the Air Force’s construction guide21 lines.
22

(b) MARIANA ISLANDS.—In the case of the authoriza-

23 tion contained in the table in section 2301(b) of the Mili24 tary Construction Authorization Act for Fiscal Year 2017
25 (division B of Public Law 114–328; 130 Stat. 2697) for

† HR 2810 PAP

821
1 acquiring 142 hectares of land at an unspecified location
2 in the Mariana Islands, the Secretary of the Air Force may
3 purchase 142 hectares of land on Tinian in the Northern
4 Mariana Islands for a cost of $21,900,000.
5

(c) CHABELLEY AIRFIELD.—In the case of the author-

6 ization contained in the table in section 2902 of the Mili7 tary Construction Authorization Act for Fiscal Year 2017
8 (division B of Public Law 114–328; 130 Stat. 2743) for
9 Chabelley Airfield, Djibouti, for construction of a parking
10 apron and taxiway at that location, the Secretary of the
11 Air Force may construct 20,490 square meters of taxiway
12 and apron, 8,230 square meters of paved shoulders, 10,650
13 square meters of hangar pads, and 3,900 square meters of
14 cargo apron.
15

(d) SCOTT AIR FORCE BASE.—The table in section

16 4601 of the Military Construction Authorization Act for
17 Fiscal Year 2017 (division B of Public Law 114–328; 130
18 Stat. 2877) is amended in the item relating to Scott Air
19 Force Base, Illinois, by striking ‘‘Consolidated Corrosion
20 Facility add/alter’’ in the project title column and inserting
21 ‘‘Consolidated Communication Facility add/alter’’.
22

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN

23
24

FISCAL YEAR 2015 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

25 Military Construction Authorization Act for Fiscal Year

† HR 2810 PAP

822
1 2015 (division B of Public Law 113–291; 128 Stat. 3669),
2 the authorizations set forth in the table in subsection (b),
3 as provided in section 2301 of that Act (128 Stat. 3679),
4 shall remain in effect until October 1, 2018, or the date
5 of the enactment of an Act authorizing funds for military
6 construction for fiscal year 2019, whichever is later.
7

(b) TABLE.—The table referred to in subsection (a) is

8 as follows:
Air Force: Extension of 2015 Project Authorizations
State or
Country

Installation or
Location

Alaska ................

Clear Air Force Station

Oklahoma ...........

Tinker Air Force Base ....

Project

Emergency Power
Plant Fuel Storage
KC–46 Two-Bay
Maintenance Hangar .............................

Amount

$11,500,000

$63,000,000

11

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

12

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-

9
10

13
14

TION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts ap-

15 propriated pursuant to the authorization of appropriations
16 in section 2403(a) and available for military construction
17 projects inside the United States as specified in the funding
18 table in section 4601, the Secretary of Defense may acquire
19 real property and carry out military construction projects
20 for the installations or locations inside the United States,
21 and in the amounts, set forth in the following table:
† HR 2810 PAP

823
Defense Agencies: Inside the United States
State

Installation or Location

Amount

California ...................

Camp Pendleton .................................................
Coronado .............................................................
Schriever Air Force Base ...................................
Eglin Air Force Base .........................................
Hurlburt Field ....................................................
Fort Gordon ........................................................
Kunia ..................................................................
Fort Leonard Wood ............................................
St. Louis ..............................................................
Cannon Air Force Base .....................................
Camp Lejeune .....................................................
Fort Bragg ..........................................................
Seymour Johnson Air Force Base .....................
Shaw Air Force Base .........................................
Fort Bliss ............................................................
Hill Air Force Base ............................................
Joint Expeditionary Base Little Creek - Story
Norfolk .................................................................
Pentagon ..............................................................
Portsmouth ..........................................................

$43,642,000
$258,735,000
$10,200,000
$9,100,000
$46,400,000
$10,350,000
$5,000,000
$261,941,000
$381,000,000
$8,228,000
$90,039,000
$57,778,000
$20,000,000
$22,900,000
$8,300,000
$20,000,000
$23,000,000
$18,500,000
$50,100,000
$22,500,000

Unspecified Worldwide Locations .....................

$64,364,000

Colorado ......................
Florida ......................
Georgia .......................
Hawaii ........................
Missouri ......................
New Mexico .................
North Carolina .........
South Carolina ...........
Texas ...........................
Utah ...........................
Virginia ......................

Worldwide Unspecified .........................

1

(b) OUTSIDE

THE

UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a) and available for military con4 struction projects outside the United States as specified in
5 the funding table in section 3002, the Secretary of Defense
6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the
8 United States, and in the amounts, set forth in the following
9 table:
Defense Agencies: Outside the United States
Country

Installation or Location

Germany ...............

Spangdahlem Air Base ......................................
Stuttgart ..............................................................
Souda Bay ..........................................................
Andersen Air Force Base ...................................
Sigonella ..............................................................
Vicenza ................................................................
Iwakuni ...............................................................
Kadena Air Base ................................................
Okinawa ..............................................................
Sasebo ..................................................................

Greece ....................
Guam ...................
Italy ......................
Japan ....................

† HR 2810 PAP

Amount
$79,141,000
$46,609,000
$18,100,000
$23,900,000
$22,400,000
$62,406,000
$30,800,000
$27,573,000
$11,900,000
$45,600,000

824
Defense Agencies: Outside the United States—Continued

1

Country

Installation or Location

Puerto Rico ..........
United Kingdom ..

Torii Commo Station .........................................
Punta Borinquen ................................................
Menwith Hill Station .........................................

SEC.

2402.

2
3

AUTHORIZED

ENERGY

Amount
$25,323,000
$61,071,000
$11,000,000

CONSERVATION

PROJECTS.

Using amounts appropriated pursuant to the author-

4 ization of appropriations in section 2403(a) and available
5 for energy conservation projects as specified in the funding
6 table in section 4601, the Secretary of Defense may carry
7 out energy conservation projects under chapter 173 of title
8 10, United States Code, in the amount set forth in the table.
9

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

10
11

AGENCIES.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

12 hereby authorized to be appropriated for fiscal years begin13 ning after September 30, 2017, for military construction,
14 land acquisition, and military family housing functions of
15 the Department of Defense (other than the military depart16 ments), as specified in the funding table in section 4601.
17

(b) LIMITATION

ON

TOTAL COST

OF

CONSTRUCTION

18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and
20 any other cost variation authorized by law, the total cost
21 of all projects carried out under section 2401 of this Act
22 may not exceed the total amount authorized to be appro† HR 2810 PAP

825
1 priated under subsection (a), as specified in the funding
2 table in section 4601.
3

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT

4

CERTAIN FISCAL YEAR 2017 PROJECT.

5

In the case of the authorization in the table in section

6 2401(b) of the Military Construction Authorization Act for
7 Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2700)
8 for Kaiserslautern, Germany, for construction of the
9 Sembach Elementary/Middle School Replacement, the Sec10 retary of Defense may construct an elementary school.
11

SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN

12
13

FISCAL YEAR 2014 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

14 Military Construction Authorization Act for Fiscal Year
15 2014 (division B of Public Law 113–66; 127 Stat. 985),
16 the authorizations set forth in the table in subsection (b),
17 as provided in section 2401 of that Act (127 Stat. 995) and
18 extended by section 2406 of the Military Construction Au19 thorization Act for Fiscal Year 2017 (division B of Public
20 Law 114–328; 130 Stat. 2702), shall remain in effect until
21 October 1, 2018, or the date of the enactment of an Act
22 authorizing funds for military construction for fiscal year
23 2019, whichever is later.
24

(b) TABLE.—The table referred to in subsection (a) is

25 as follows:

† HR 2810 PAP

826
Defense Agencies: Extension of 2014 Project Authorizations
State/Country

Installation or
Location

Project

United Kingdom

RAF Lakenheath .............

Lakenheath Middle/
High School Replacement ...............

Virginia .............

Marine Corps Base
Quantico ......................
Pentagon ..........................

1

$69,638,000

$40,586,000
$14,800,000

SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2
3

Quantico Middle/High
School Replacement
PFPA Support Operations Center ..........

Amount

FISCAL YEAR 2015 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

4 Military Construction Authorization Act for Fiscal Year
5 2015 (division B of Public Law 113–291; 128 Stat. 3669),
6 the authorizations set forth in the table in subsection (b),
7 as provided in section 2401 of that Act (128 Stat. 3681),
8 shall remain in effect until October 1, 2018, or the date
9 of the enactment of an Act authorizing funds for military
10 construction for fiscal year 2019, whichever is later.
11

(b) TABLE.—The table referred to in subsection (a) is

12 as follows:
Defense Agencies: Extension of 2015 Project Authorizations
State/Country

Installation or
Location

Project

Australia ............

Geraldton .........................

Belgium ..............

Brussels ............................

Japan .................

Okinawa ..........................

Combined Communications Gateway
Geraldton ................
Brussels Elementary/
High School Replacement ...............
Kubasaki High School
Replacement/Renovation ....................
E.J. King High
School Replacement/Renovation ....
SOF Land Acquisition Western Maneuver Area ............

Sasebo ..............................

Mississippi .........

† HR 2810 PAP

Stennis .............................

Amount

$9,600,000

$41,626,000

$99,420,000

$37,681,000

$17,224,000

827
Defense Agencies: Extension of 2015 Project Authorizations—
Continued
State/Country

Installation or
Location

Project

New Mexico ........

Cannon Air Force Base ..

SOF Squadron Operations Facility
(STS) ......................

$23,333,000

Virginia .............

Defense Distribution
Depot Richmond .........

Replace Access Control
Point .......................

$5,700,000

Joint Base LangleyEustis ...........................

Pentagon ..........................

Hospital Addition/
Central Utility
Plant Replacement
Redundant Chilled
Water Loop .............

Amount

$41,200,000
$15,100,000

5

TITLE XXV—INTERNATIONAL
PROGRAMS
Subtitle A—North Atlantic Treaty
Organization Security Investment Program

6

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

1
2
3
4

7
8

ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for

9 the North Atlantic Treaty Organization Security Invest10 ment Program as provided in section 2806 of title 10,
11 United States Code, in an amount not to exceed the sum
12 of the amount authorized to be appropriated for this pur13 pose in section 2502 and the amount collected from the
14 North Atlantic Treaty Organization as a result of construc15 tion previously financed by the United States.
16
17

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fis-

18 cal years beginning after September 30, 2017, for contribu† HR 2810 PAP

828
1 tions by the Secretary of Defense under section 2806 of title
2 10, United States Code, for the share of the United States
3 of the cost of projects for the North Atlantic Treaty Organi4 zation Security Investment Program authorized by section
5 2501 as specified in the funding table in section 4601.

7

Subtitle B—Host Country In-kind
Contributions

8

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION

6

9
10

PROJECTS.

Pursuant to agreement with the Republic of Korea for

11 required in-kind contributions, the Secretary of Defense
12 may accept military construction projects for the installa13 tions or locations, and in the amounts, set forth in the fol14 lowing table:
Republic of Korea Funded Construction Projects
Country

Component

Installation
or Location

Korea ..............

Army ...............

Camp Humphreys .........

Army ...............

Air Force ........

Air Force ........

† HR 2810 PAP

Camp Humphreys .........
Kunsan Air
Base ............

Osan Air Base

Project

Amount

Unaccompanied
Enlisted Personnel Housing,
Phase 1 ............

$76,000,000

Type I Aircraft
Parking Apron

$10,000,000

Construct Airfield
Damage Repair
Warehouse ........
Main Gate Entry
Control Facilities ....................

$6,500,000

$13,000,000

829
1

SEC. 2512. MODIFICATION OF AUTHORITY TO CARRY OUT

2
3

CERTAIN FISCAL YEAR 2017 PROJECTS.

(a) CAMP HUMPHREYS.—In the case of the authoriza-

4 tion contained in the table in section 2511 of the Military
5 Construction Authorization Act for Fiscal Year 2017 (divi6 sion B of Public Law 114–328; 130 Stat. 2704) for Camp
7 Humphreys, Republic of Korea, for construction of the 8th
8 Army Correctional Facility, the Secretary of Defense may
9 construct a level 1 correctional facility of 26,000 square feet
10 and a utility and tool storage building of 400 square feet.
11

(b) K–16 AIR BASE.—In the case of the authorization

12 contained in the table in section 2511 of the Military Con13 struction Authorization Act for Fiscal Year 2017 (division
14 B of Public Law 114–328; 130 Stat. 2704) for the K–16
15 Air Base, Republic of Korea, for renovation of the Special
16 Operations Forces (SOF) Operations Facility, B–606, the
17 Secretary of Defense may renovate an operations adminis18 tration area of 5,500 square meters.

† HR 2810 PAP

830

5

TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
Subtitle A—Project Authorizations
and Authorization of Appropriations

6

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON-

1
2
3
4

7

STRUCTION

8

PROJECTS.

9

AND

LAND

ACQUISITION

Using amounts appropriated pursuant to the author-

10 ization of appropriations in section 2606 and available for
11 the National Guard and Reserve as specified in the funding
12 table in section 4601, the Secretary of the Army may ac13 quire real property and carry out military construction
14 projects for the Army National Guard locations inside the
15 United States, and in the amounts, set forth in the following
16 table:
Army National Guard
State

Location

Delaware ....................
Idaho ..........................

New Castle .........................................................
Mission Training Center Gowen ......................
Orchard Training Area ....................................
Camp Dodge ......................................................
Fort Leavenworth ..............................................
Presque Isle ........................................................
Sykesville ............................................................
Arden Hills ........................................................
Springfield .........................................................
Las Cruces ..........................................................
Fort Belvoir .......................................................
Fort Pickett ........................................................
Tumwater ...........................................................

Iowa ...........................
Kansas .......................
Maine .........................
Maryland ...................
Minnesota ..................
Missouri .....................
New Mexico ................
Virginia .....................
Washington ................

† HR 2810 PAP

Amount

$36,000,000
$9,000,000
$22,000,000
$8,500,000
$19,000,000
$17,500,000
$19,000,000
$39,000,000
$32,000,000
$8,600,000
$15,000,000
$4,550,000
$31,000,000

831
1

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION

2
3

AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the author-

4 ization of appropriations in section 2606 and available for
5 the National Guard and Reserve as specified in the funding
6 table in section 4601, the Secretary of the Army may ac7 quire real property and carry out military construction
8 projects for the Army Reserve locations inside the United
9 States, and in the amounts, set forth in the following table:
Army Reserve
State

Location

California ............................
Delaware .............................
Ohio .....................................
Puerto Rico .........................
Washington .........................
Wisconsin ............................

Fallbrook ...................................................
Newark ......................................................
Wright-Patterson Air Force Base ...........
Aguadilla ..................................................
Joint Base Lewis-McChord .....................
Fort McCoy ...............................................

Amount

$36,000,000
$19,500,000
$9,100,000
$12,400,000
$30,000,000
$13,000,000

10

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE

11

CORPS RESERVE CONSTRUCTION AND LAND

12

ACQUISITION PROJECTS.

13

Using amounts appropriated pursuant to the author-

14 ization of appropriations in section 2606 and available for
15 the National Guard and Reserve as specified in the funding
16 table in section 4601, the Secretary of the Navy may ac17 quire real property and carry out military construction
18 projects for the Navy Reserve and Marine Corps Reserve
19 locations inside the United States, and in the amounts, set
20 forth in the following table:

† HR 2810 PAP

832
Navy Reserve and Marine Corps Reserve

1

State

Location

California ............................
Georgia ................................
New Jersey ..........................
Texas ....................................

Lemoore .....................................................
Fort Gordon ..............................................
Joint Base McGuire-Dix-Lakehurst .......
Fort Worth ................................................

$17,330,000
$17,797,000
$11,573,000
$12,637,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC-

2
3

Amount

TION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the author-

4 ization of appropriations in section 2606 and available for
5 the National Guard and Reserve as specified in the funding
6 table in section 4601, the Secretary of the Air Force may
7 acquire real property and carry out military construction
8 projects for the Air National Guard locations inside the
9 United States, and in the amounts, set forth in the following
10 table:
Air National Guard

11

State

Location

California ............................
Colorado ..............................
Connecticut .........................
Indiana ...............................
Kentucky .............................
Mississippi ..........................
Missouri ...............................
New York .............................
Ohio .....................................
Oklahoma ............................
Oregon .................................
South Dakota ......................
Tennessee .............................

March Air Force Base .............................
Peterson Air Force Base ..........................
Bradley IAP .............................................
Hulman Regional Airport ......................
Louisville IAP ..........................................
Jackson International Airport ................
Rosecrans Memorial Airport ...................
Hancock Field ..........................................
Toledo Express Airport ...........................
Tulsa International Airport ...................
Klamath Falls IAP ..................................
Joe Foss Field ..........................................
McGhee-Tyson Airport .............................

$15,000,000
$8,000,000
$7,000,000
$8,000,000
$9,000,000
$8,000,000
$10,000,000
$6,800,000
$15,000,000
$8,000,000
$18,500,000
$12,000,000
$25,000,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC-

12
13

Amount

TION AND LAND ACQUISITION PROJECTS.

(a) LOCATIONS INSIDE

THE

UNITED STATES.—Using

14 amounts appropriated pursuant to the authorization of ap† HR 2810 PAP

833
1 propriations in section 2606 and available for the National
2 Guard and Reserve as specified in the funding table in sec3 tion 4601, the Secretary of the Air Force may acquire real
4 property and carry out military construction projects for
5 the Air Force Reserve locations inside the United States,
6 and in the amounts, set forth in the following table:
Air Force Reserve: Inside the United States
State

Location

Florida ...............................
Georgia ................................
Hawaii ................................
Utah .....................................
Massachusetts ......................
Minnesota ............................

Patrick Air Force Base ...........................
Robins Air Force Base ............................
Joint Base Pearl Harbor-Hickam ..........
Hill Air Force Base .................................
Westover Air Reserve Base ......................
Minneapolis-St. Paul International Airport.
Seymour Johnson Air Force Base ..........
Naval Air Station Joint Reserve Base
Fort Worth.

North Carolina ...................
Texas ....................................

7

(b) LOCATIONS OUTSIDE

THE

Amount

$25,000,000
$32,000,000
$5,500,000
$3,100,000
$61,100,000
$9,000,000
$6,400,000
$3,100,000

UNITED STATES.—

8 Using amounts appropriated pursuant to the authorization
9 of appropriations in section 2606 and available for the Na10 tional Guard and Reserve as specified in the funding table
11 in section 4601, the Secretary of the Air Force may acquire
12 real property and carry out military construction projects
13 for the Air Force Reserve location outside the United States,
14 and in the amount, set forth in the following table:
Air Force Reserve: Outside the United States
Country

Location

Guam .................................

Joint Region Marianas ...........................

† HR 2810 PAP

Amount

$5,200,000

834
1

SEC.

2606.

AUTHORIZATION

2
3

OF

APPROPRIATIONS,

NA-

TIONAL GUARD AND RESERVE.

Funds are hereby authorized to be appropriated for fis-

4 cal years beginning after September 30, 2017, for the costs
5 of acquisition, architectural and engineering services, and
6 construction of facilities for the Guard and Reserve Forces,
7 and for contributions therefor, under chapter 1803 of title
8 10, United States Code (including the cost of acquisition
9 of land for those facilities), as specified in the funding table
10 in section 4601.
11

Subtitle B—Other Matters

12

SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT

13

CERTAIN FISCAL YEAR 2015 PROJECT.

14

In the case of the authorization contained in the table

15 in section 2602 of the Military Construction Authorization
16 Act for Fiscal Year 2015 (division B of Public Law 113–
17 291; 128 Stat. 3688) for Starkville, Mississippi, for con18 struction of an Army Reserve Center at that location, the
19 Secretary of the Army may acquire approximately fifteen
20 acres (653,400 square feet) of land.
21

SEC. 2612. EXTENSION OF AUTHORIZATIONS OF CERTAIN

22
23

FISCAL YEAR 2014 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

24 Military Construction Authorization Act for Fiscal Year
25 2014 (division B of Public Law 113–66; 127 Stat. 985),
26 the authorizations set forth in the table in subsection (b),
† HR 2810 PAP

835
1 as provided in section 2602, 2604, and 2605 of that Act
2 (127 Stat. 1001, 1002), shall remain in effect until October
3 1, 2018, or the date of the enactment of an Act authorizing
4 funds for military construction for fiscal year 2019, which5 ever is later.
6

(b) TABLE.—The table referred to in subsection (a) is

7 as follows:
National Guard and Reserve: Extension of 2014 Project
Authorizations

8

State

Installation or Location

Florida ...............

Homestead Air Reserve
Base .............................

Maryland ...........

Fort Meade ......................

New York ...........

Bullville ...........................

Entry Control Complex ..........................
175th Network Warfare Squadron Facility .......................
Army Reserve Center

Amount

$9,800,000

$4,000,000
$14,500,000

SEC. 2613. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9
10

Project

FISCAL YEAR 2015 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

11 Military Construction Authorization Act for Fiscal Year
12 2015 (division B of Public Law 113–291; 128 Stat. 3669),
13 the authorizations set forth in the table in subsection (b),
14 as provided in sections 2602 and 2604 of that Act (128
15 Stat. 3688, 3689), shall remain in effect until October 1,
16 2018, or the date of the enactment of an Act authorizing
17 funds for military construction for fiscal year 2019, which18 ever is later.
19

(b) TABLE.—The table referred to in subsection (a) is

20 as follows:
† HR 2810 PAP

836
Army Reserve: Extension of 2015 Project Authorizations
State

Location

Project

Mississippi .........
New Hampshire

Starkville .........................
Pease International
Trade Port ...................

Amount

Army Reserve Center

$9,300,000

KC–46A ADAL Airfield Pavements and
Hydrant Systems ...

$7,100,000

3

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES

4

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE

1
2

5

REALIGNMENT

6

FUNDED

7

FENSE BASE CLOSURE ACCOUNT.

8

AND

THROUGH

CLOSURE

ACTIVITIES

DEPARTMENT

OF

DE-

Funds are hereby authorized to be appropriated for fis-

9 cal years beginning after September 30, 2017, for base re10 alignment and closure activities, including real property
11 acquisition and military construction projects, as author12 ized by the Defense Base Closure and Realignment Act of
13 1990 (part A of title XXIX of Public Law 101–510; 10
14 U.S.C. 2687 note) and funded through the Department of
15 Defense Base Closure Account established by section 2906
16 of such Act (as amended by section 2711 of the Military
17 Construction Authorization Act for Fiscal Year 2013 (divi18 sion B of Public Law 112–239; 126 Stat. 2140)), as speci19 fied in the funding table in section 4601.

† HR 2810 PAP

837
1

SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL

2

BASE REALIGNMENT AND CLOSURE (BRAC)

3

ROUND.

4

Nothing in this Act shall be construed to authorize an

5 additional Base Realignment and Closure (BRAC) round.

11

TITLE XXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes

12

SEC. 2801. AUTHORITY TO USE EXPIRING FUNDS FOR CER-

6
7
8
9
10

13
14

TAIN MILITARY CONSTRUCTION PROJECTS.

(a) ARMY AUTHORITY

15 EXPANSION

OF

TO

PURCHASE PROPERTY

FOR

CEMETERIES.—Subchapter I of chapter 169

16 of title 10, United States Code, is amended by adding at
17 the end the following new section:
18 ‘‘§ 2815. Army authority to use expiring funds to pur19

chase property for expansion of cemeteries

20

‘‘Of funds appropriated after the date of the enactment

21 of this Act for the Army that remain unobligated and are
22 due to expire at the end of the fiscal year, up to $10,000,000
23 may be available for the Secretary of the Army for the fol24 lowing fiscal year to purchase public or private property
25 for the sole purpose of long-term expansion of cemeteries
26 under the jurisdiction of the Secretary.’’.
† HR 2810 PAP

838
1

(b) NAVY AUTHORITY TO PURCHASE PROPERTY

FOR

2 ENHANCING INSTALLATION SECURITY.—Subchapter I of
3 chapter 169 of title 10, United States Code, as amended
4 by subsection (a), is further amended by adding at the end
5 the following new section:
6 ‘‘§ 2816. Navy authority to use expiring funds to pur7

chase property for enhancing installation

8

security

9

‘‘Of funds appropriated after the date of the enactment

10 of this Act for the Navy that remain unobligated and are
11 due to expire at the end of the fiscal year, up to $10,000,000
12 may be available for the Secretary of the Navy for the fol13 lowing fiscal year to purchase public or private property
14 that is otherwise in an area surrounded by a military in15 stallation under the jurisdiction of the Secretary of the
16 Navy for the purpose of enhancing the security of the instal17 lation.’’.
18

(c) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such subchapter is amended by inserting
20 after the item relating to section 2814 the following new
21 items:
‘‘2815. Army authority to use expiring funds to purchase property for expansion
of cemeteries.
‘‘2816. Navy authority to use expiring funds to purchase property for enhancing
installation security.’’.

† HR 2810 PAP

839
1

SEC. 2802. EXTENSION OF TEMPORARY, LIMITED AUTHOR-

2

ITY TO USE OPERATION AND MAINTENANCE

3

FUNDS FOR CONSTRUCTION PROJECTS IN

4

CERTAIN

5

STATES.

6

AREAS

OUTSIDE

THE

UNITED

(a) EXTENSION OF AUTHORITY.—Subsection (h) of sec-

7 tion 2808 of the Military Construction Authorization Act
8 for Fiscal Year 2004 (division B of Public Law 108–136;
9 117 Stat. 1723), as most recently amended by section 2804
10 of the Military Construction Authorization Act for Fiscal
11 Year 2017 (Public Law 114–328), is amended—
12

(1) in paragraph (1), by striking ‘‘December 31,

13

2017’’ and inserting ‘‘December 31, 2018’’; and

14

(2) in paragraph (2), by striking ‘‘fiscal year

15

2018’’ and inserting ‘‘fiscal year 2019’’.

16

(b) LIMITATION

ON

USE

OF

AUTHORITY.—Subsection

17 (c)(1) of such section 2808 is amended—
18

(1) by striking ‘‘October 1, 2016’’ and inserting

19

‘‘October 1, 2017’’;

20

(2) by striking ‘‘December 31, 2017’’ and insert-

21

ing ‘‘December 31, 2018’’; and

22

(3) by striking ‘‘fiscal year 2018’’ and inserting

23
24

‘‘fiscal year 2019’’.
SEC. 2803. AUTHORIZED COST INCREASES.

25

Section 2853 of title 10, United States Code, is amend-

26 ed—
† HR 2810 PAP

840
1
2
3

(1) in subsection (a), by inserting ‘‘by not more
than 10 percent’’ after ‘‘may be increased’’; and
(2) in subsection (c)—

4

(A) by striking ‘‘limitation on cost vari-

5

ations’’ and inserting ‘‘limitation on cost de-

6

creases’’; and

7

(B) in paragraph (1)—

8

(i) by striking ‘‘case of a cost increase

9

or a reduction’’ and inserting ‘‘case of a re-

10

duction’’; and

11

(ii) in subparagraph (A)—

12

(I) by striking ‘‘cost increase or

13

reduction in scope, the reasons there-

14

for,’’ and inserting ‘‘reduction in scope,

15

the reasons therefor, and’’; and

16

(II) by striking ‘‘, and a descrip-

17

tion of the funds proposed to be used to

18

finance any increased costs’’.

† HR 2810 PAP

841

2

Subtitle B—Real Property and
Facilities Administration

3

SEC. 2811. AUTHORITY TO USE ENERGY COST SAVINGS FOR

4

ENERGY RESILIENCE, MISSION ASSURANCE,

5

AND WEATHER DAMAGE REPAIR AND PRE-

6

VENTION MEASURES.

1

7

Section 2912(b)(1) of title 10, United States Code, is

8 amended by striking ‘‘energy conservation and’’ and insert9 ing ‘‘energy resilience, mission assurance, weather damage
10 repair and prevention, energy conservation, and’’.
11

SEC. 2812. MODIFICATION OF UNSPECIFIED MINOR MILI-

12

TARY CONSTRUCTION PROJECT AUTHORITY

13

TO COVER CORRECTION OF DEFICIENCIES

14

THAT ARE THREATS TO INSTALLATION RESIL-

15

IENCE.

16

Section 2805(a)(2) of title 10, United States Code, is

17 amended by striking ‘‘or safety-threatening’’ and inserting
18 ‘‘safety-threatening, or a threat to the military mission and
19 installation’s resilience’’.

† HR 2810 PAP

842
1

SEC. 2813. LAND EXCHANGE VALUATION OF PROPERTY

2

WITH REDUCED DEVELOPMENT THAT LIMITS

3

ENCROACHMENT

4

TIONS.

5

ON

MILITARY

INSTALLA-

(a) IN GENERAL.—Chapter 159 of title 10, United

6 States Code, is amended by adding at the end the following
7 new section:
8 ‘‘§ 2698. Land exchange valuation of property with re9
10
11

duced development that limits encroachment on military installations

‘‘For purposes of calculating the fair market value of

12 a parcel of real property to be conveyed to the Department
13 of Defense as part of a land exchange, any reduction in
14 value of the real property due to voluntary actions taken
15 by the public or private owner of such property to limit
16 encroachment on a military installation or otherwise limit
17 development shall not be taken into account.’’.
18

(b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such chapter is amended by inserting after
20 the item relating to section 2697 the following new item:
‘‘2698. Land exchange valuation of property with reduced development that limits
encroachment on military installations.’’.

21

SEC. 2814. ACCESS TO MILITARY INSTALLATIONS BY TRANS-

22
23

PORTATION NETWORK COMPANIES.

Section 346 of the National Defense Authorization Act

24 for Fiscal Year 2017 (Public Law 114–328) is amended—
† HR 2810 PAP

843
1

(1) in the section heading, by inserting ‘‘AND

2

TRANSPORTATION NETWORK COMPANIES’’

3

‘‘TRANSPORTATION

after

COMPANIES’’;

4

(2) in subsections (b), (c), and (d), by inserting

5

‘‘or transportation network company’’ after ‘‘trans-

6

portation company’’ each places it appears;

7

(3) in subsection (b)(7), by inserting ‘‘and trans-

8

portation network companies’’ after ‘‘transportation

9

companies’’; and

10

(4) in subsection (d)—

11
12

(A) by redesignating paragraph (2) as
paragraph (3);

13

(B) by striking paragraph (1) and inserting

14

the following new paragraphs:

15

‘‘(1) TRANSPORTATION

COMPANY.—The

term

16

‘transportation company’ means a corporation, part-

17

nership, sole proprietorship, or other entity outside of

18

the Department of Defense that provides a commercial

19

transportation service to a rider.

20

‘‘(2) TRANSPORTATION

21

NETWORK

COMPANY.—

The term ‘transportation network company’—

22

‘‘(A) means a corporation, partnership, sole

23

proprietorship, or other entity, that uses a dig-

24

ital network to connect riders to covered drivers

25

in order for the driver to transport the rider

† HR 2810 PAP

844
1

using a vehicle owned, leased, or otherwise au-

2

thorized for use by the driver to a point chosen

3

by the rider; and

4

‘‘(B) does not include a shared-expense car-

5

pool or vanpool arrangement that is not in-

6

tended to generate profit for the driver.’’; and

7

(C) in subparagraph (A)(i) of paragraph

8

(3), as redesignated by subparagraph (A) of this

9

paragraph, by inserting ‘‘or transportation net-

10

work company’’ after ‘‘transportation company’’.

11

Subtitle C—Land Conveyances

12

SEC. 2821. LAND CONVEYANCE, NATICK SOLDIER SYSTEMS

13
14

CENTER, MASSACHUSETTS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the

15 Army may convey all right, title, and interest of the United
16 States in and to parcels of real property, including im17 provements thereon, consisting of approximately 98 acres
18 located in the vicinity of Hudson, Wayland, and Needham,
19 Massachusetts, that are the sites of military family housing
20 supporting military personnel assigned to the U.S. Army
21 Natick Soldier Systems Center.
22

(b) COMPETITIVE SALE REQUIREMENT.—The Sec-

23 retary shall use competitive procedures for the conveyance
24 authorized under subsection (a).
25

(c) CONSIDERATION.—

† HR 2810 PAP

845
1

(1) CONSIDERATION

REQUIRED.—The

Secretary

2

shall require as consideration for the conveyance

3

under subsection (a), whether by in-kind consider-

4

ation, or a combination of cash and in-kind consider-

5

ation, an amount that is not less than the fair market

6

value of the conveyed property, as determined pursu-

7

ant to an appraisal acceptable to the Secretary.

8

(2) IN-KIND

9

(A) IN

CONSIDERATION.—
GENERAL.—As

determined by the

10

Secretary, in-kind consideration under para-

11

graph (1) shall include—

12

(i) demolition of existing military fam-

13

ily housing on the U.S. Army Natick Sol-

14

dier Systems Center (other than housing on

15

property conveyed under subsection (a))

16

that the Secretary determines necessary to

17

accommodate construction of military fam-

18

ily housing or unaccompanied soldier hous-

19

ing to support military personnel assigned

20

to the U.S. Army Natick Soldier Systems

21

Center;

22

(ii) construction or renovation of mili-

23

tary family housing or unaccompanied sol-

24

dier housing, other than general officer

25

housing, to support military personnel as-

† HR 2810 PAP

846
1

signed to the U.S. Army Natick Soldier

2

Systems Center; or

3

(iii) construction of ancillary sup-

4

porting facilities (as that term is defined in

5

section 2871(1) of title 10, United States

6

Code) to support military personnel as-

7

signed to the U.S. Army Natick Soldier

8

Systems Center.

9

(B) IN-KIND

CONSIDERATION

EXCEEDING

10

$1,000,000.—If

11

to be provided under this subsection exceeds

12

$1,000,000, the Secretary may not accept such

13

consideration until 21 days after the date the

14

Secretary notifies the congressional defense com-

15

mittees of the decision of the Secretary to accept

16

in-kind consideration in excess of that amount.

17

(3) CASH

18

the value of in-kind consideration

PAYMENTS.—

(A) CASH

PAYMENTS DEPOSITED IN A SPE-

19

CIAL

20

consideration under this subsection shall be de-

21

posited in a special account in the Treasury es-

22

tablished for the Secretary.

23
24

ACCOUNT.—Cash

(B) USE

payments provided as

OF FUNDS IN SPECIAL ACCOUNT.—

The Secretary is authorized to use funds depos-

† HR 2810 PAP

847
1

ited in the special account established under sub-

2

paragraph (A) for—

3

(i) demolition of existing military fam-

4

ily housing; or

5

(ii) construction or renovation of mili-

6

tary family housing or unaccompanied sol-

7

dier housing to support military personnel.

8

(C) CASH

9

CONSIDERATION NOT USED PRIOR

TO OCTOBER 1, 2022.—Cash

payments provided

10

as consideration under this subsection that are

11

received by the Secretary and not used by the

12

Secretary for purposes authorized by subpara-

13

graph (B) prior to October, 1, 2022, shall be

14

transferred to an account in the Treasury estab-

15

lished pursuant to section 2883 of title 10,

16

United States Code.

17
18

(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT

REQUIRED.—The

Secretary shall

19

require the party to whom property is conveyed under

20

subsection (a) (in this section referred to as the ‘‘pur-

21

chaser’’) to cover all costs to be incurred by the Sec-

22

retary, or to reimburse the Secretary for costs in-

23

curred by the Secretary, to carry out the conveyance

24

under this section, including survey costs, costs for en-

25

vironmental documentation, and any other adminis-

† HR 2810 PAP

848
1

trative costs related to the conveyance. If amounts are

2

collected from the purchaser in advance of the Sec-

3

retary incurring the actual costs, and the amount col-

4

lected exceeds the costs actually incurred by the Sec-

5

retary to carry out the conveyance, the Secretary shall

6

refund the excess amount to the purchaser.

7

(2) TREATMENT

OF

AMOUNTS

RECEIVED.—

8

Amounts received under paragraph (1) as reimburse-

9

ment for costs incurred by the Secretary to carry out

10

the conveyance under subsection (a) shall be credited

11

to the fund or account that was used to cover the costs

12

incurred by the Secretary in carrying out the convey-

13

ance, or to an appropriate fund or account currently

14

available to the Secretary for the purposes for which

15

the costs were paid. Amounts so credited shall be

16

merged with amounts in such fund or account and

17

shall be available for the same purposes, and subject

18

to the same conditions and limitations, as amounts in

19

such fund or account.

20

(e) DESCRIPTION

OF

PARCELS.—The exact acreage

21 and legal description of the parcels to be conveyed under
22 subsection (a) shall be determined by a survey that is satis23 factory to the Secretary. The cost of the survey shall be borne
24 by the purchaser.

† HR 2810 PAP

849
1

(f) ADDITIONAL TERMS

AND

CONDITIONS.—The Sec-

2 retary may require such additional terms and conditions
3 in connection with the conveyance under subsection (a) as
4 the Secretary considers appropriate to protect the interest
5 of the United States.
6

(g) APPLICATION

OF

OTHER LAWS.—The conveyance

7 of property under this section shall not be subject to—
8
9

(1) section 501 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411); and

10

(2) subtitle I of title 40, and division C (except

11

section 3302, 3501(b), 3509, 3906, 4710, and 4711) of

12

subtitle I of title 41, United States Code.

13

SEC. 2822. LAND CONVEYANCE, ARMY AND AIR FORCE EX-

14

CHANGE SERVICE PROPERTY, DALLAS, TEXAS.

15

(a) CONVEYANCE AUTHORIZED.—The Secretary of De-

16 fense may authorize the Army and Air Force Exchange
17 Service, a nonappropriated fund instrumentality of the
18 United States, to sell and convey all right, title, and interest
19 of the United States in and to a parcel of real property,
20 including improvements thereon, consisting of approxi21 mately 7.857 acres located at 8901 Autobahn Drive, Dallas,
22 Texas.
23

(b) CONSIDERATION.—As consideration for the convey-

24 ance under subsection (a), the purchaser shall pay the
25 United States, in a single lump sum payment, an amount

† HR 2810 PAP

850
1 equal to the fair market value of the real property, as deter2 mined pursuant to an appraisal acceptable to the Sec3 retary.
4

(c) TREATMENT

OF

CONSIDERATION.—Section 574(a)

5 of title 40, United States Code, shall apply to the consider6 ation received under subsection (b).
7

(d) DESCRIPTION

OF

PROPERTY.—The exact acreage

8 and legal description of the property to be conveyed under
9 subsection (a) shall be determined by a survey satisfactory
10 to the Secretary. The cost of the survey shall be borne by
11 the purchaser.
12

(e) ADDITIONAL TERMS

AND

CONDITIONS.—The Sec-

13 retary may require such additional terms and conditions
14 in connection with the conveyance under subsection (a) as
15 the Secretary considers appropriate to protect the interests
16 of the United States.
17

(f) INAPPLICABILITY

OF

CERTAIN PROVISIONS

OF

18 LAW.—The conveyance of property under this section shall
19 not be subject to section 2696 of title 10, United States Code.
20

SEC. 2823. LAND CONVEYANCES, CERTAIN FORMER PEACE-

21
22

KEEPER ICBM FACILITIES IN WYOMING.

(a) CONVEYANCES AUTHORIZED.—The Secretary of

23 the Air Force may convey, without consideration, to the
24 Wyoming Department of State Parks and Cultural Re25 sources (in this section referred to the as the ‘‘Department’’)

† HR 2810 PAP

851
1 all right, title and interest of the United States in and to
2 parcels of real property, together with any improvements
3 thereon, consisting of the missile alert facility and launch
4 control center at the Quebec #1 Missile Alert Facility for
5 the Peacekeeper ICBM facilities of the 190 Missile Group
6 at F.E. Warren Air Force Base, Wyoming, for the purpose
7 of establishing a historical site allowing for the preserva8 tion, protection, and interpretation of the facilities.
9

(b) CONSULTATION.—The Secretary shall consult with

10 the Secretary of State and the Secretary of Defense in order
11 to ensure that the conveyances required in subsection (a)
12 are carried out in accordance with applicable treaties.
13

(c) COMPLIANCE WITH TREATY

AND

PROGRAMMATIC

14 AGREEMENT.—The land conveyance under subsection (a)
15 will enable the United States Air Force to comply with the
16 terms of the Programmatic Agreement Between Francis E.
17 Warren Air Force Base, And The Wyoming State Historic
18 Preservation Officer, Regarding The Implementation Of
19 The Strategic Arms Reduction Treaty.
20
21

(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT

REQUIRED.—The

Secretary of the

22

Air Force shall require the Department to cover costs

23

to be incurred by the Secretary, or to reimburse the

24

Secretary for such costs incurred by the Secretary, to

25

carry out the conveyance under subsection (a), includ-

† HR 2810 PAP

852
1

ing survey costs, costs for environmental documenta-

2

tion, and any other administrative costs related to the

3

conveyance. If amounts are collected from the Depart-

4

ment in advance of the Secretary incurring the actual

5

costs, and the amount collected exceeds the costs actu-

6

ally incurred by the Secretary to carry out the con-

7

veyance, the Secretary shall refund the excess amount

8

to the Department.

9

(2) TREATMENT

OF

AMOUNTS

RECEIVED.—

10

Amounts received as reimbursement under paragraph

11

(1) shall be credited to the fund or account that was

12

used to cover those costs incurred by the Secretary in

13

carrying out the conveyance or, if such fund or ac-

14

count has expired at the time of credit, to an appro-

15

priate appropriation, fund, or account currently

16

available to the Secretary for the purposes for which

17

the expenses were paid. Amounts so credited shall be

18

merged with amounts in such fund or account, and

19

shall be available for the same purposes, and subject

20

to the same conditions and limitations, as amounts in

21

such fund or account.

22

(e) DESCRIPTION

OF

PROPERTY.—The exact acreage

23 and legal description of the property to be conveyed under
24 subsection (a) shall be determined by a survey satisfactory
25 to the Secretary.

† HR 2810 PAP

853
1

(f) ENVIRONMENTAL CONCERNS.—The United States

2 Air Force shall retain liability for all environmental closure
3 and reclamation obligations that exist as of the date of the
4 conveyance under subsection (a).
5

(g) ADDITIONAL TERMS

AND

CONSIDERATIONS.—The

6 Secretary may require such additional terms and condi7 tions in connection with the conveyance under subsection
8 (a) as the Secretary considers appropriate to protect the
9 interests of the United States.
10

SEC. 2824. LAND EXCHANGE, NAVAL INDUSTRIAL ORD-

11

NANCE RESERVE PLANT, SUNNYVALE, CALI-

12

FORNIA.

13

(a) LAND EXCHANGE AUTHORIZED.—The Secretary of

14 the Navy (‘‘Secretary’’) may convey to an entity (‘‘Ex15 change Entity’’) all right, title, and interest of the United
16 States in and to the parcel of real property, including im17 provements thereon, comprising the Naval Industrial Re18 serve Ordnance Plant (NIROP) located in Sunnyvale, Cali19 fornia in exchange for property interests that meet the read20 iness requirements of the Department of the Navy, as deter21 mined by the Secretary.
22

(b) LAND EXCHANGE AGREEMENT.—Exchange of the

23 real property identified in subsection (a) shall be governed
24 by a land exchange agreement that identifies the property
25 interests to be exchanged pursuant to this section, the time

† HR 2810 PAP

854
1 period in which the exchange will occur, and the roles and
2 responsibilities of the Secretary and the Exchange Entity
3 in effecting the land exchange.
4

(c) COVENANTS

AND

RESTRICTIONS.—The conveyance

5 under subsection (a) shall be subject to the condition that
6 the Exchange Entity accepts the NIROP real property with
7 the covenants, restrictions, and other clauses required by
8 section 120(h) of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42 U.S.C.
10 9620(h)).
11

(d) VALUATION.—The value of the property interests

12 to be exchanged by the Secretary and the Exchange Entity
13 pursuant to this section shall be determined—
14
15

(1) by an independent appraiser selected by the
Secretary; and

16

(2) in accordance with the Uniform Appraisal

17

Standards for Federal Land Acquisitions and the

18

Uniform Standards of Professional Appraisal Prac-

19

tice.

20

(e) CASH EQUALIZATION PAYMENT.—

21

(1) EQUALIZATION

REQUIRED.—If

the value of

22

the NIROP property is greater than the value of the

23

Exchange Entity property exchanged under subsection

24

(a), the values shall be equalized through a cash

† HR 2810 PAP

855
1

equalization payment from the Exchange Entity to

2

the Department of the Navy.

3

(2) NO

EQUALIZATION REQUIRED.—If

the value

4

of the Exchange Entity property exchanged under

5

subsection (a) is greater than the value of the NIROP

6

property, the Secretary shall not make a cash equali-

7

zation payment to equalize the values.

8

(f) PAYMENT OF COSTS OF CONVEYANCE.—

9

(1) PAYMENT

REQUIRED.—The

Secretary shall

10

require the Exchange Entity to pay costs incurred by

11

the Department of the Navy to carry out the exchange

12

of property interests pursuant to this section, includ-

13

ing survey costs, costs for environmental documenta-

14

tion, review of replacement facilities design, real es-

15

tate due diligence, including appraisals, relocation of

16

activities and facilities from Sunnyvale, California to

17

the replacement facilities, and any other administra-

18

tive costs related to the exchange of property interests.

19

If amounts are collected from the Exchange Entity in

20

advance of the Secretary incurring the actual costs

21

and the amount collected exceeds the costs actually in-

22

curred by the Secretary to carry out the exchange of

23

property interests, the Secretary shall refund the ex-

24

cess amount to the Exchange Entity.

† HR 2810 PAP

856
1

(2) TREATMENT

OF

AMOUNTS

RECEIVED.—

2

Amounts received under paragraph (1) above shall be

3

credited and made available to the Secretary in ac-

4

cordance with section 2695(c) of title 10, United

5

States Code.

6

(g) DESCRIPTION

OF

PROPERTY.—The exact acreage

7 and legal description of the real property to be exchanged
8 pursuant to this section shall be determined by surveys sat9 isfactory to the Secretary.
10

(h) RELATION

TO

OTHER MILITARY CONSTRUCTION

11 REQUIREMENTS.—The acquisition of a facility using the
12 authority provided by this section shall not be treated as
13 a military construction project for which an authorization
14 is required by section 2802 of title 10, United States Code,
15 or for reporting as required by section 2662 of such title.
16

(i) INAPPLICABILITY OF SECTION 2696 OF TITLE 10.—

17 The real property to be exchanged pursuant to this section
18 is exempt from the screening process required by subsection
19 2696(b) of title 10, United States Code.
20
21

(j) REQUIREMENT
OF

FOR

ASSESSMENT

OF

FEASIBILITY

TRANSFERRING CERTAIN FUNCTIONS.—The Secretary

22 may not make the conveyance authorized by this section
23 until the Secretary submits to the congressional defense
24 committees an assessment of the feasibility and advisability
25 of transferring, in whole or in part, functions currently per-

† HR 2810 PAP

857
1 formed at the Naval Industrial Reserve Ordnance Plant to
2 real property already in the Navy inventory and involved
3 in supporting the fleet ballistic missile program.
4

(k) ADDITIONAL TERMS

AND

CONDITIONS.—The Sec-

5 retary may require such additional terms and conditions
6 in connection with the exchange authorized by this section
7 as the Secretary considers appropriate to protect the inter8 ests of the United States.
9

(l) SUNSET PROVISION.—The authority provided in

10 this section shall expire on October 1, 2021.
11

SEC. 2825. LAND EXCHANGE, NAVAL AIR STATION CORPUS

12
13

CHRISTI, TEXAS.

(a) LAND EXCHANGE AUTHORIZED.—The Secretary of

14 the Navy (in this section referred to as the ‘‘Secretary’’)
15 may convey to the City of Corpus Christi, Texas (in this
16 section referred to as the ‘‘City’’), all right, title, and inter17 est of the United States in and to a parcel of real property,
18 including improvements thereon, consisting of approxi19 mately 44 acres known as the Peary Place Transmitter Site
20 in Nueces County associated with Naval Air Station Corpus
21 Christi, Texas.
22

(b) CONSIDERATION.—As consideration for the convey-

23 ance under subsection (a), the City shall convey to the Sec24 retary its real property interests either adjacent or proxi25 mate, and causing an encroachment concern as determined

† HR 2810 PAP

858
1 by the Secretary, to Naval Air Station Corpus Christi,
2 Naval Outlying Landing Field Waldron and Naval Out3 lying Landing Field Cabaniss.
4

(c) LAND EXCHANGE AGREEMENT.—The Secretary

5 and the City may enter into a land exchange agreement
6 to implement this section.
7

(d) VALUATION.—The value of each property interest

8 to be exchanged by the Secretary and the City described in
9 subsections (a) and (b) shall be determined—
10
11

(1) by an independent appraiser selected by the
Secretary; and

12

(2) in accordance with the Uniform Appraisal

13

Standards for Federal Land Acquisitions and the

14

Uniform Standards of Professional Appraisal Prac-

15

tice.

16

(e) CASH EQUALIZATION PAYMENTS.—

17

(1) TO

THE SECRETARY.—If

the value of the

18

property interests described in subsection (a) is great-

19

er than the value of the property interests described

20

in subsection (b), the values shall be equalized through

21

a cash equalization payment from the City to the De-

22

partment of the Navy.

23

(2) NO

EQUALIZATION.—If

the value of the prop-

24

erty interests described in subsection (b) is greater

25

than the value of the property interests described in

† HR 2810 PAP

859
1

subsection (a), the Secretary shall not make a cash

2

equalization payment to equalize the values.

3

(f) PAYMENT OF COSTS OF CONVEYANCE.—

4

(1) PAYMENT

REQUIRED.—The

Secretary shall

5

require the City to pay costs to be incurred by the

6

Secretary to carry out the exchange of property inter-

7

ests under this section, including those costs related to

8

land survey, environmental documentation, real estate

9

due diligence such as appraisals, and any other ad-

10

ministrative costs related to the exchange of property

11

interests to include costs incurred preparing and exe-

12

cuting the land exchange agreement authorized under

13

subsection (c). If amounts are collected from the City

14

in advance of the Secretary incurring the actual costs

15

and the amount collected exceeds the costs actually in-

16

curred by the Secretary to carry out the exchange of

17

property interests, the Secretary shall refund the ex-

18

cess amount to the City.

19

(2) TREATMENT

OF

AMOUNTS

RECEIVED.—

20

Amounts received as reimbursement under paragraph

21

(1) above shall be used in accordance with section

22

2695(c) of title 10, United States Code.

23

(g) DESCRIPTION

OF

PROPERTY.—The exact acreage

24 and legal description of the property interests to be ex-

† HR 2810 PAP

860
1 changed under this section shall be determined by surveys
2 satisfactory to the Secretary.
3

(h) CONVEYANCE AGREEMENT.—The exchange of real

4 property interests under this section shall be accomplished
5 using an appropriate legal instrument and upon terms and
6 conditions mutually satisfactory to the Secretary and the
7 City, including such additional terms and conditions as the
8 Secretary considers appropriate to protect the interests of
9 the United States.
10
11

(i) EXEMPTION FROM SCREENING REQUIREMENTS
FOR

ADDITIONAL FEDERAL USE.—The authority under

12 this section is exempt from the screening process required
13 under section 2696(b) of title 10, United States Code.
14

(j) SUNSET PROVISION.—The authority under this sec-

15 tion shall expire on October 1, 2019, unless the Secretary
16 and the City have signed a land exchange agreement de17 scribed in subsection (c).

19

Subtitle D—Project Management
and Oversight Reforms

20

SEC. 2831. NOTIFICATION REQUIREMENT FOR CERTAIN

18

21

COST OVERRUNS AND SCHEDULE DELAYS.

22

Section 2853 of title 10, United States Code, is amend-

23 ed—
24
25

(1) by redesignating subsection (f) as subsection
(g);

† HR 2810 PAP

861
1

(2) by inserting after subsection (e) the following

2

new subsection:

3

‘‘(f) The Secretary of Defense shall notify the congres-

4 sional defense committees of any military construction
5 project or military family housing project that has a cost
6 overrun or schedule delay of 25 percent or more. The notifi7 cation shall be cosigned by the Chief of Engineers or the
8 Commander of the Naval Facilities Engineering Command,
9 and shall describe the specific reasons for the cost increase
10 or schedule delay, the specific organizations and individuals
11 responsible, and the actions taken to hold the organizations
12 and individuals accountable. The Comptroller General of
13 the United States shall review the notification and validate
14 or correct as necessary the information provided.’’; and
15

(3) in subsection (g), as redesignated by para-

16

graph (1), by striking ‘‘subsections (a) through (e)’’

17

and inserting ‘‘subsections (a) through (f)’’.

18

SEC. 2832. LIMITED AUTHORITY FOR PRIVATE SECTOR SU-

19

PERVISION

20

PROJECTS IN EVENT OF EXTENSIVE COST

21

OVERRUNS OR PROJECT DELAYS.

22

OF

MILITARY

CONSTRUCTION

Section 2851(a) of title 10, United States Code, is

23 amended—

† HR 2810 PAP

862
1

(1) by striking ‘‘Each contract’’ and inserting

2

‘‘(1) Except as provided under paragraph (2), each

3

contract’’; and

4

(2) by adding at the end the following new para-

5

graph

6

‘‘(2) The Secretary of Defense may arrange for private

7 sector direction and supervision of contracts otherwise sub8 ject to the direction and supervision of the Chief of Engi9 neers or the Commander of the Naval Facilities Engineer10 ing Command under paragraph (1) if, during the most re11 cent fiscal year for which data is available, the Chief of
12 Engineers or the Commander of the Naval Facilities Engi13 neering Command had cost overruns or project delays of
14 5 percent or more on at least 10 percent of the contracts
15 for which it was responsible for directing and supervising.’’.
16

SEC. 2833. ANNUAL REPORT ON COST OVERRUNS AND

17
18

SCHEDULE DELAYS.

Section 2851 of title 10, United States Code, is amend-

19 ed by adding at the end the following new subsection:
20

‘‘(d) ANNUAL REPORT

ON

COST OVERRUNS

AND

21 SCHEDULE DELAYS.—The Secretary of Defense shall sub22 mit to the congressional defense committees an annual re23 port on military construction projects and military family
24 housing projects that had cost overruns or schedule delays
25 of 5 percent or more.’’.

† HR 2810 PAP

863
1

SEC. 2834. REPORT ON DESIGN ERRORS AND OMISSIONS

2

RELATED

3

PLACEMENT PROJECT.

4
5

TO

FORT

BLISS

HOSPITAL

RE-

(a) REPORT REQUIRED.—
(1) IN

GENERAL.—Not

later than December 1,

6

2017, the Secretary of Defense shall submit to the con-

7

gressional defense committees a report on design er-

8

rors and omissions related to the hospital replacement

9

project at Fort Bliss, Texas.

10
11

(2) ELEMENTS.—The report required under
paragraph (1) shall include the following elements:

12

(A) Identification of the ‘‘design errors’’

13

and ‘‘omissions’’ that have been used to explain

14

the $245,000,000, 25 percent cost increase for the

15

replacement project.

16

(B) Identification by name of any organiza-

17

tion responsible for such design errors or omis-

18

sions.

19

(C) Identification by name of any indi-

20

vidual responsible for such design errors or omis-

21

sions.

22

(D) A description of the actions the Sec-

23

retary of Defense has taken to hold the organiza-

24

tions and individuals referred to in subpara-

25

graphs (B) and (C) accountable for such design

26

errors and omissions.
† HR 2810 PAP

864
1

(b) LIMITATION.—Of the funds appropriated or other-

2 wise made available for the hospital replacement project at
3 Fort Bliss, Texas, $50,000,000 may not be obligated or ex4 pended for the project until the Secretary of Defense submits
5 to the congressional defense committees—
6

(1) the report required under subsection (a); and

7

(2) a written certification that sufficient steps

8

have been taken by the Department of Defense to pre-

9

vent massive cost overruns on such project in the fu-

10

ture.

11

SEC. 2835. REPORT ON COST INCREASE AND DELAY RE-

12

LATED TO USSTRATCOM COMMAND AND CON-

13

TROL FACILITY PROJECT AT OFFUTT AIR

14

FORCE BASE.

15

(a) IN GENERAL.—Not later than December 1, 2017,

16 the Secretary of Defense shall submit to the congressional
17 defense committees a report on the 16-month schedule delay
18 and 10 percent cost increase related to the United States
19 Strategic Command command and control facility project
20 at Offutt Air Force Base, Nebraska.
21

(b) ELEMENTS.—The report required under subsection

22 (a) shall include the following elements:
23
24

(1) Identification by name of any organization
responsible for the delay and cost increase.

† HR 2810 PAP

865
1
2

(2) Identification by name of any individual responsible for the delay and cost increase.

3

(3) A description of the actions the Secretary of

4

Defense has taken to hold the organizations and indi-

5

viduals referred to in paragraphs (1) and (2) ac-

6

countable for the delay and cost increase.

7

Subtitle E—Other Matters

8

SEC. 2841. ANNUAL DEPARTMENT OF DEFENSE ENERGY

9
10

MANAGEMENT REPORTS.

Section 2925(a) of title 10, United States Code, is

11 amended—
12
13

(1) in the subsection heading, by striking ‘‘RESILIENCY’’

and inserting ‘‘ENERGY RESILIENCE’’;

14

(2) in paragraph (1), by inserting before the pe-

15

riod at the end the following: ‘‘, including progress on

16

energy resilience at military installations according

17

to metrics developed by the Secretary.’’;

18
19

(3) by amending paragraph (3) to read as follows:

20

‘‘(3) Details of all utility outages impacting en-

21

ergy resilience at military installations (excluding

22

planned outages for maintenance reasons), whether

23

caused by on- or off-installation disruptions, includ-

24

ing the total number and location of outage, the dura-

25

tion of the outage, the financial impact of the outage,

† HR 2810 PAP

866
1

whether or not the mission was impacted, the mission

2

requirements associated with disruption tolerances

3

based on risk to mission, the responsible authority

4

managing the utility, and measure taken to mitigate

5

the outage by the responsible authority.’’;

6
7
8
9

(4) by redesignating paragraph (4) as paragraph (5); and
(5) by inserting after paragraph (3) the following new paragraph:

10

‘‘(4) Details of a military installation’s total en-

11

ergy requirements and critical energy requirements,

12

and the current energy resilience and emergency

13

backup systems servicing critical energy requirements,

14

including, at a minimum—

15
16

‘‘(A)

resilience

and

emergency

backup system power requirements;

17
18

energy

‘‘(B) the critical missions, facility, or facilities serviced;

19

‘‘(C) system service life;

20

‘‘(D) capital, operations, maintenance, and

21

testing costs; and

22
23

‘‘(E) other information the Secretary determines necessary.’’.

† HR 2810 PAP

867
1

SEC. 2842. AGGREGATION OF ENERGY EFFICIENCY AND EN-

2

ERGY RESILIENCE PROJECTS IN LIFE CYCLE

3

COST ANALYSES.

4

The Secretary of Defense or the Secretary of a military

5 department, when conducting life cycle cost analyses with
6 respect to investments designed to lower costs and reduce
7 energy and water consumption, shall aggregate energy effi8 ciency projects and energy resilience improvements as ap9 propriate.
10

SEC. 2843. AUTHORITY OF THE SECRETARY OF THE AIR

11

FORCE TO ACCEPT LESSEE IMPROVEMENTS

12

AT AIR FORCE PLANT 42.

13

(a) ACCEPTANCE

OF

LESSEE IMPROVEMENTS

AT

AIR

14 FORCE PLANT 42.—A lease of Air Force Plant 42, in whole
15 or part, may permit the lessee, with the approval of the
16 Secretary of the Air Force, to alter, expand, or otherwise
17 improve the plant or facility as necessary for the develop18 ment or production of military weapons systems, muni19 tions, components, or supplies. Such lease may provide, not20 withstanding section 2802 of title 10, United States Code,
21 that such alteration, expansion or other improvement shall,
22 upon completion, become the property of the Federal Gov23 ernment, regardless of whether such alteration, expansion,
24 or other improvement constitutes all or part of the consider25 ation for the lease pursuant to section 2667(b)(5) of such
26 title or represents a reimbursable cost allocable to any con† HR 2810 PAP

868
1 tract, cooperative agreement, grant, or other instrument
2 with respect to activity undertaken at Air Force Plant 42.
3

(b) CONGRESSIONAL NOTIFICATION.—When a decision

4 is made to approve a project to which subsection (a) applies
5 costing more than the threshold specified under section
6 2805(c) of such title, the Secretary of the Air Force shall
7 notify the congressional defense committees in writing of
8 that decision, the justification for the project, and the esti9 mated cost of the project. The Secretary may not carry out
10 the project until the end of the 21-day period beginning on
11 the date the congressional defense committees receive such
12 notification or, if earlier, the end of the 14-day period be13 ginning on the date on which a copy of the notification
14 is provided in an electronic medium pursuant to section
15 480 of such title.
16

SEC. 2844. PROHIBITION ON USE OF FUNDS FOR KWAJA-

17
18

LEIN PROJECT.

None of the funds authorized to be appropriated by this

19 Act or otherwise made available for the Department of De20 fense for fiscal year 2018 may be made available for a
21 project to construct 52 single family homes on Kwajalein
22 Atoll for $1,300,000 each to support 18 active duty military
23 personnel.

† HR 2810 PAP

869
1
2

SEC. 2845. ENERGY RESILIENCE.

(a) IN GENERAL.—Section 2911 of title 10, United

3 States Code, is amended—
4

(1) in the section heading, by striking ‘‘per-

5

formance goals and master plan for’’ and

6

inserting ‘‘policy of’’;

7

(2) by redesignating subsections (a), (b), (c), (d),

8

and (e) as subsections (c), (d), (e), (f), and (g) respec-

9

tively;

10

(3) by inserting before subsection (c), as redesig-

11

nated by paragraph (2), the following new sub-

12

sections:

13

‘‘(a) GENERAL ENERGY POLICY.—The Secretary of

14 Defense shall ensure the readiness of the armed forces for
15 their military missions by pursuing energy security and
16 energy resilience.
17

‘‘(b) AUTHORITIES.—In order to achieve the policy set

18 forth in subsection (a), the Secretary of Defense may—
19

‘‘(1) require the Secretary of a military depart-

20

ment to establish and maintain an energy resilience

21

master plan for an installation;

22

‘‘(2) authorize the use of energy security and en-

23

ergy resilience as factors in the cost-benefit analysis

24

for procurement of energy; and

25

‘‘(3) in selecting facility energy projects that will

26

use renewable energy sources, pursue energy security
† HR 2810 PAP

870
1

and energy resilience by giving favorable consider-

2

ation to projects that provide power directly to a

3

military facility or into the installation electrical dis-

4

tribution network.’’;

5
6

(4) in subsection (e), as redesignated by paragraph (2)—

7

(A) in paragraph (1), by inserting ‘‘, the

8

future demand for energy, and the requirement

9

for the use of energy’’ after ‘‘energy’’;

10

(B) by amending paragraph (2) to read as

11

follows:

12

‘‘(2) Opportunities to enhance energy resilience

13

to ensure the Department of Defense has the ability

14

to prepare for and recover from energy disruptions

15

that impact mission assurance on military installa-

16

tions.’’; and

17

(C) by adding at the end the following new

18

paragraph:

19

‘‘(13) Opportunities to leverage third-party fi-

20

nancing to address installation energy needs.’’.

21

(b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of chapter 173 is amended by striking the
23 item relating to section 2911 and inserting the following
24 new item:
‘‘2911. Energy policy of the Department of Defense.’’.

† HR 2810 PAP

871
1

(c) CONFORMING AMENDMENTS.—Chapter 173 of title

2 10, United States Code, is amended—
3

(1) in section 2914, by striking ‘‘energy resil-

4

iency’’ each place it appears and inserting ‘‘energy

5

resilience’’;

6

(2) in section 2915—

7
8

(A) by striking ‘‘subsection (c)’’ each place
it appears and inserting ‘‘subsection (e)’’; and

9

(B) in subsection (e)(2)(C), by striking

10

‘‘2911(b)(2)’’ and inserting ‘‘2911(d)(2)’’;

11

(3) in section 2916(b)(2), by striking ‘‘2911(a)’’

12
13
14
15
16
17

and inserting ‘‘2911(c)’’;
(4) in section 2922b(a), by striking ‘‘subsection
(c)’’ and inserting ‘‘subsection (e)’’;
(5) in section 2922f(a), by striking ‘‘subsection
(c)’’ and inserting ‘‘subsection (e)’’;
(6) in section 2924—

18

(A) by striking paragraph (3); and

19

(B) by redesignating paragraphs (4), (5),

20

(6), and (7) as paragraphs (3), (4), (5), and (6),

21

respectively; and

22

(7) in section 2925(a)—

23
24

(A) by striking ‘‘resiliency’’ and inserting
‘‘energy resilience’’; and

† HR 2810 PAP

872
1

(B) in paragraph (1), by striking ‘‘2911(e)’’

2
3
4

and inserting ‘‘2911(g)’’.
(d) DEFINITIONS
ERGY

FOR

ENERGY RESILIENCE

AND

EN -

SECURITY.—Section 101(e) of title 10, United States

5 Code, is amended by adding at the end the following new
6 paragraphs:
7

‘‘(6) ENERGY

RESILIENCE.—The

term ‘energy re-

8

silience’ means the ability to avoid, prepare for, min-

9

imize, adapt to, and recover from anticipated and

10

unanticipated energy disruptions in order to ensure

11

energy availability and reliability sufficient to pro-

12

vide for mission assurance and readiness, including

13

task critical assets and other mission essential oper-

14

ations related to readiness, and to execute or rapidly

15

reestablish mission essential requirements.

16

‘‘(7) ENERGY

SECURITY.—The

term ‘energy secu-

17

rity’ means having assured access to reliable supplies

18

of energy and the ability to protect and deliver suffi-

19

cient energy to meet mission essential requirements.’’.

20

SEC. 2846. CONSIDERATION OF ENERGY SECURITY AND EN-

21

ERGY RESILIENCE IN AWARDING ENERGY

22

AND FUEL CONTRACTS FOR MILITARY IN-

23

STALLATIONS.

24

Section 2922a of title 10, United States Code, is

25 amended by adding at the end the following new subsection:

† HR 2810 PAP

873
1

‘‘(d) The Secretary concerned shall prioritize energy

2 security and resilience.’’.
3

SEC. 2847. REQUIREMENT TO ADDRESS ENERGY RESIL-

4

IENCE IN EXERCISING UTILITY SYSTEM CON-

5

VEYANCE AUTHORITY.

6

Section 2688(g) of title 10, United States Code, is

7 amended by adding at the end the following new para8 graphs:
9

‘‘(3) The Secretary concerned may require in any con-

10 tract for the conveyance of a utility system (or part of a
11 utility system) under subsection (a) that the conveyee man12 age and operate the utility system in a manner consistent
13 with energy resilience requirements and metrics provided
14 to the conveyee to ensure that the reliability of the utility
15 system meets mission requirements.
16

‘‘(4) The Secretary of Defense, in consultation with the

17 Secretaries of the military departments, shall include in the
18 installation energy report submitted under section 2925(a)
19 of this title a description of progress in meeting energy re20 silience metrics for all conveyance contracts entered into
21 pursuant to this section.’’.

† HR 2810 PAP

874
1

SEC. 2848. IN-KIND LEASE PAYMENTS; PRIORITIZATION OF

2

UTILITY SERVICES THAT PROMOTE ENERGY

3

RESILIENCE.

4

Section 2667(c)(1)(D) of title 10, United States Code,

5 is amended by inserting ‘‘, which shall prioritize energy
6 resilience in the event of commercial grid outages’’ after
7 ‘‘Secretary concerned’’.
8

SEC. 2849. DISCLOSURE OF BENEFICIAL OWNERSHIP BY

9

FOREIGN

PERSONS

OF

HIGH

SECURITY

10

SPACE LEASED BY THE DEPARTMENT OF DE-

11

FENSE.

12

(a) IDENTIFICATION

OF

BENEFICIAL OWNERSHIP.—

13 Before entering into a lease agreement with a covered entity
14 for accommodation of a military department or Defense
15 Agency in a building (or other improvement) that will be
16 used for high-security leased space, the Department of De17 fense shall require the covered entity to—
18
19

(1) identify each beneficial owner of the covered
entity by—

20

(A) name;

21

(B) current residential or business street ad-

22

dress; and

23

(C) in the case of a United States person,

24

a unique identifying number from a nonexpired

25

passport issued by the United States or a non-

26

expired drivers license issued by a State; and
† HR 2810 PAP

875
1

(2) disclose to the Department of Defense any

2

beneficial owner of the covered entity that is a foreign

3

person.

4

(b) REQUIRED DISCLOSURE.—

5

(1) INITIAL

DISCLOSURE.—The

Secretary of De-

6

fense shall require a covered entity to provide the in-

7

formation required under subsection (a), when first

8

submitting a proposal in response to a solicitation for

9

offers issued by the Department.

10

(2) UPDATES.—The Secretary of Defense shall

11

require a covered entity to update a submission of in-

12

formation required under subsection (a) not later

13

than 60 days after the date of any change in—

14
15

(A) the list of beneficial owners of the covered entity; or

16
17
18

(B) the information required to be provided
relating to each such beneficial owner.
(c) PRECAUTIONS.—If a covered entity discloses a for-

19 eign person as a beneficial owner of a building (or other
20 improvement) from which the Department of Defense is
21 leasing high-security leased space, the Department of De22 fense shall notify the tenant of the space to take appropriate
23 security precautions.
24
25

(d) DEFINITIONS.—
(1) BENEFICIAL

† HR 2810 PAP

OWNER.—

876
1
2

(A) IN

GENERAL.—The

term beneficial

owner—

3

(i) means, with respect to a covered en-

4

tity, each natural person who, directly or

5

indirectly—

6

(I) exercises control over the cov-

7

ered entity through ownership inter-

8

ests, voting rights, agreements, or oth-

9

erwise; or

10

(II) has an interest in or receives

11

substantial economic benefits from the

12

assets of the covered entity; and

13

(ii) does not include, with respect to a

14

covered entity—

15

(I) a minor child;

16

(II) a person acting as a nominee,

17

intermediary, custodian, or agent on

18

behalf of another person;

19

(III) a person acting solely as an

20

employee of the covered entity and

21

whose control over or economic benefits

22

from the covered entity derives solely

23

from the employment status of the per-

24

son;

† HR 2810 PAP

877
1

(IV) a person whose only interest

2

in the covered entity is through a right

3

of inheritance, unless the person other-

4

wise meets the definition of ‘‘beneficial

5

owner’’ under this paragraph; and

6

(V) a creditor of the covered enti-

7

ty, unless the creditor otherwise meets

8

the requirements of ‘‘beneficial owner’’

9

described above.

10

(B) ANTI-ABUSE

RULE.—The

exceptions

11

under subparagraph (A)(ii) shall not apply if

12

used for the purpose of evading, circumventing,

13

or abusing the requirements of this section.

14

(2) COVERED

ENTITY.—The

term ‘‘covered enti-

15

ty’’ means a person, copartnership, corporation, or

16

other public or private entity.

17

(3) FOREIGN

PERSON.—The

term ‘‘foreign per-

18

son’’ means an individual who is not a United States

19

person or an alien lawfully admitted for permanent

20

residence into the United States.

21

(4) HIGH-SECURITY

LEASED SPACE.—The

term

22

‘‘high-security leased space’’ means a space leased by

23

the Department of Defense that has a security level of

24

III, IV, or V, as determined by the Interagency Secu-

25

rity Committee.

† HR 2810 PAP

878
1

(5) UNITED

STATES PERSON.—The

term ‘‘United

2

States person’’ means a natural person who is a cit-

3

izen of the United States or who owes permanent alle-

4

giance to the United States.

5

SEC. 2850. ESTABLISHMENT OF A VISITOR SERVICES FACIL-

6
7

ITY ON THE ARLINGTON RIDGE TRACT.

(a) ARLINGTON RIDGE TRACT DEFINED.—In this sec-

8 tion, the term ‘‘Arlington Ridge tract’’ means the parcel
9 of Federal land located in Arlington County, Virginia,
10 known as the ‘‘Nevius Tract’’ and transferred to the Depart11 ment of the Interior in 1953, that is bounded generally by—
12
13
14
15

(1) Arlington Boulevard (United States Route
50) to the north;
(2) Jefferson Davis Highway (Virginia Route
110) to the east;

16

(3) Marshall Drive to the south; and

17

(4) North Meade Street to the west.

18
19

(b) ESTABLISHMENT
ITY.—Notwithstanding

OF

VISITOR SERVICES FACIL-

section 2863(g) of the Military Con-

20 struction Authorization Act for Fiscal Year 2002 (Public
21 Law 107–107; 115 Stat. 1332), the Secretary of the Interior
22 may construct a structure for visitor services, including a
23 public restroom facility, on the Arlington Ridge tract in
24 the area of the United States Marine Corps War Memorial.

† HR 2810 PAP

879
1

SEC. 2851. JOINT USE OF DOBBINS AIR RESERVE BASE,

2
3

MARIETTA, GEORGIA, WITH CIVIL AVIATION.

(a) IN GENERAL.—The Secretary of the Air Force may

4 enter into an agreement that would provide or permit the
5 joint use of Dobbins Air Reserve Base, Marietta, Georgia,
6 by the Air Force and civil aircraft.
7

(b) CONFORMING REPEAL.—Section 312 of the Na-

8 tional Defense Authorization Act, Fiscal Year 1989 (Public
9 Law 100–456; 102 Stat. 1950) is hereby repealed.

12

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

13

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND

10
11

14
15

ACQUISITION PROJECTS.

The Secretary of the Army may acquire real property

16 and carry out the military construction projects for the in17 stallation outside the United States, and in the amount,
18 set forth in the following table:
Army: Outside the United States

19

Country

Location

Cuba ....................................

Guantanamo Bay ....................................

$115,000,000

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND

20
21

Amount

LAND ACQUISITION PROJECTS.

The Secretary of the Air Force may acquire real prop-

22 erty and carry out the military construction projects for

† HR 2810 PAP

880
1 the installations outside the United States, and in the
2 amounts, set forth in the following table:
Air Force: Outside the United States
Country

Location

Estonia ................................
Hungary ..............................
Iceland .................................
Jordan .................................
Latvia ..................................
Luxembourg ........................
Norway ................................
Romania ..............................
Slovakia ...............................

Amari Air Base .......................................
Kecskemet Air Base .................................
Keflavik .....................................................
Azraq .........................................................
Lielvarde Air Base ...................................
Sanem .......................................................
Rygge ........................................................
Campia Turzii .........................................
Malacky .....................................................
Sliac Airport ............................................
Incirlik Air Base ......................................

Turkey .................................

3
4

Amount

$13,900,000
$55,400,000
$14,400,000
$143,000,000
$3,850,000
$67,400,000
$10,300,000
$2,950,000
$24,000,000
$22,000,000
$22,700,000

SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fis-

5 cal years beginning after September 30, 2017, for the mili6 tary construction projects outside the United States author7 ized by this title as specified in the funding table in section
8 4602 and 4603.
9

SEC. 2904. EXTENSION OF AUTHORIZATION OF CERTAIN

10
11

FISCAL YEAR 2015 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the

12 Military Construction Authorization Act for Fiscal Year
13 2015 (division B of Public Law 113–291; 128 Stat. 3669),
14 the authorizations set forth in the table in subsection (b),
15 as provided in section 4602 of that Act (128 Stat. 3981),
16 shall remain in effect until October 1, 2018, or the date
17 of the enactment of an Act authorizing funds for military
18 construction for fiscal year 2019, whichever is later.

† HR 2810 PAP

881
1

(b) TABLE.—The table referred to in subsection (a) is

2 as follows:
Extension of 2015 Air Force OCO Project Authorizations
Country

Installation

Project

Italy ................................

Camp Darby ...........

Poland ............................

Lask Air Base .........

ERI: Improve
Weapons Storage Facility.
ERI: Improve
Support Infrastructure.

Amount

$44,500,000

$22,400,000

11

DIVISION C—DEPARTMENT OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER
AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs and Authorizations

12

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-

3
4
5
6
7
8
9
10

13
14

TION.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

15 hereby authorized to be appropriated to the Department of
16 Energy for fiscal year 2018 for the activities of the National
17 Nuclear Security Administration in carrying out programs
18 as specified in the funding table in section 4701.
19

(b) AUTHORIZATION

OF

NEW PLANT PROJECTS.—

20 From funds referred to in subsection (a) that are available
21 for carrying out plant projects, the Secretary of Energy
† HR 2810 PAP

882
1 may carry out new plant projects for the National Nuclear
2 Security Administration as follows:
3

Project 18–D–660, Fire Station, Y–12 National

4

Security

5

$20,400,000.

Complex,

Oak

Ridge,

Tennessee,

6

Project 18–D–650, Tritium Production Capa-

7

bility, Savannah River Site, Aiken, South Carolina,

8

$9,100,000.

9

Project 18–D–620, Exascale Computing Facility

10

Modernization Project, Lawrence Livermore National

11

Laboratory, Livermore, California, $3,000,000.

12

Project 18–D–670, Exascale Class Computer

13

Cooling Equipment, Los Alamos National Labora-

14

tory, Los Alamos, New Mexico, $22,000,000.

15

Project 18–D–922, BL Component Test Complex,

16

Bettis Atomic Power Laboratory, West Mifflin, Penn-

17

sylvania, $3,100,000.

18
19

Project 18–D–921, KS Overhead Piping, Kesselring Site, West Milton, New York, $10,716,000.

20

Project 18–D–920, KL Fuel Development Lab-

21

oratory, Knolls Atomic Power Laboratory, Schenec-

22

tady, New York, $1,100,000.

23
24

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

25 hereby authorized to be appropriated to the Department of

† HR 2810 PAP

883
1 Energy for fiscal year 2018 for defense environmental
2 cleanup activities in carrying out programs as specified in
3 the funding table in section 4701.
4

(b) AUTHORIZATION

OF

NEW PLANT PROJECTS.—

5 From funds referred to in subsection (a) that are available
6 for carrying out plant projects, the Secretary of Energy
7 may carry out, for defense environmental cleanup activities,
8 the following new plant projects:
9

Project 18–D–401, Saltstone Disposal Units

10

numbers 8 and 9, Savannah River Site, Aiken, South

11

Carolina, $500,000.

12

Project 18–D–402, Emergency Operations Center

13

Replacement, Savannah River Site, Aiken, South

14

Carolina, $500,000.

15

Project 18–D–404, Modification of Waste Encap-

16

sulation and Storage Facility, Hanford Nuclear Res-

17

ervation, Richland, Washington, $6,500,000.

18
19

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the

20 Department of Energy for fiscal year 2018 for other defense
21 activities in carrying out programs as specified in the fund22 ing table in section 4701.

† HR 2810 PAP

884
1
2

SEC. 3104. NUCLEAR ENERGY.

Funds are hereby authorized to be appropriated to the

3 Department of Energy for fiscal year 2018 for nuclear en4 ergy as specified in the funding table in section 4701.

7

Subtitle B—Program Authorizations, Restrictions, and Limitations

8

SEC. 3111. ASSESSMENT AND DEVELOPMENT OF PROTO-

9

TYPE NUCLEAR WEAPONS OF FOREIGN COUN-

5
6

10
11

TRIES.

(a) STOCKPILE STEWARDSHIP, MANAGEMENT,

AND

12 RESPONSIVENESS PLAN.—Section 4203(d)(1) of the Atomic
13 Energy Defense Act (50 U.S.C. 2523(d)(1)) is amended—
14
15
16
17
18

(1) in subparagraph (M), by striking ‘‘; and’’
and inserting a semicolon;
(2) in subparagraph (N), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:

19

‘‘(O) as required, when assessing and devel-

20

oping prototype nuclear weapons of foreign

21

countries, a report from the directors of the na-

22

tional security laboratories on the need and plan

23

for such assessment and development that in-

24

cludes separate comments on the plan from the

25

Secretary of Energy and the Director of National

26

Intelligence.’’.
† HR 2810 PAP

885
1

(b) STOCKPILE RESPONSIVENESS PROGRAM.—Section

2 4220(c) of the Atomic Energy Defense Act (50 U.S.C.
3 2538b(c)) is amended by adding at the end the following:
4

‘‘(6) The retention of the ability, in consultation

5

with the Director of National Intelligence, to assess

6

and develop prototype nuclear weapons of foreign

7

countries and, if necessary, to conduct no-yield testing

8

of those prototypes.’’.

9

(c) CONFORMING REPEAL.—

10
11
12

(1) IN

GENERAL.—Section

4509 of the Atomic

Energy Defense Act (50 U.S.C. 2660) is repealed.
(2) CLERICAL

AMENDMENT.—The

table of con-

13

tents for the Atomic Energy Defense Act is amended

14

by striking the items relating to sections 4508 and

15

4509.

16

SEC. 3112. USE OF FUNDS FOR CONSTRUCTION AND

17

PROJECT SUPPORT ACTIVITIES RELATING TO

18

MOX FACILITY.

19

(a) IN GENERAL.—Except as provided by subsection

20 (b), the Secretary of Energy shall carry out construction
21 and project support activities relating to the MOX facility
22 using funds authorized to be appropriated by this Act or
23 otherwise made available for fiscal year 2018 for the Na24 tional Nuclear Security Administration for the MOX facil25 ity for construction and project support activities.

† HR 2810 PAP

886
1
2

(b) WAIVER.—
(1) IN

GENERAL.—The

Secretary may waive the

3

requirement under subsection (a) to carry out con-

4

struction and project support activities relating to the

5

MOX facility if the Secretary submits to the congres-

6

sional defense committees—

7

(A) the commitment of the Secretary to re-

8

move plutonium intended to be disposed of in the

9

MOX facility from South Carolina and ensure a

10

sustainable future for the Savannah River Site;

11

(B) a certification that—

12

(i) an alternative option for carrying

13

out the plutonium disposition program for

14

the same amount of plutonium as the

15

amount of plutonium intended to be dis-

16

posed of in the MOX facility exists, meeting

17

the requirements of the Business Operating

18

Procedure of the National Nuclear Security

19

Administration entitled ‘‘Analysis of Alter-

20

natives’’ and dated March 14, 2016 (BOP–

21

03.07); and

22

(ii) the remaining lifecycle cost, deter-

23

mined in a manner consistent with the cost

24

estimating and assessment best practices of

25

the Government Accountability Office, as

† HR 2810 PAP

887
1

found in the document of the Government

2

Accountability Office entitled ‘‘GAO Cost

3

Estimating and Assessment Guide’’ (GAO–

4

09–3SP), for the alternative option would

5

be less than half of the estimated remaining

6

lifecycle cost of the mixed-oxide fuel pro-

7

gram; and

8

(C) the details of any statutory or regu-

9

latory changes necessary to complete the alter-

10

native option.

11

(2) ESTIMATES.—The Secretary shall ensure that

12

the estimates used by the Secretary for purposes of the

13

certification under paragraph (1)(B) are of com-

14

parable accuracy.

15

(c) DEFINITIONS.—In this section:

16

(1) MOX

FACILITY.—The

term ‘‘MOX facility’’

17

means the mixed-oxide fuel fabrication facility at the

18

Savannah River Site, Aiken, South Carolina.

19

(2) PROJECT

SUPPORT ACTIVITIES.—The

term

20

‘‘project support activities’’ means activities that sup-

21

port the design, long-lead equipment procurement,

22

and site preparation of the MOX facility.

† HR 2810 PAP

888
1

SEC. 3113. REPEAL, CONSOLIDATION, AND MODIFICATION

2

OF REPORTING REQUIREMENTS.

3

(a) REPEAL

4

CLEAR

5

ING

ANNUAL REPORT

ON

STATUS

MATERIALS PROTECTION, CONTROL,

AND

(1) IN

NU -

ACCOUNT-

GENERAL.—Section

4303 of the Atomic

Energy Defense Act (50 U.S.C. 2563) is repealed.

8

(2) CLERICAL

9

AMENDMENT.—The

table of con-

tents for the Atomic Energy Defense Act is amended

10

by striking the item relating to section 4303.

11

(b) MODIFICATION

12

OF

PROGRAM.—

6
7

OF

RITY OF

OF

REPORT

ON

STATUS

OF

SECU-

ATOMIC ENERGY DEFENSE FACILITIES.—Section

13 4506 of the Atomic Energy Defense Act (50 U.S.C. 2657)
14 is amended by striking ‘‘each year’’ each place it appears
15 and inserting ‘‘each odd-numbered year’’.
16
17
18

(c) PLAN
TO

FOR

ADDRESSING SECURITY RISKS POSED

NUCLEAR WEAPONS COMPLEX.—
(1) CONSOLIDATION

INTO STOCKPILE STEWARD-

19

SHIP AND MANAGEMENT PLAN.—Section

20

Atomic Energy Defense Act (50 U.S.C. 2523) is

21

amended—

22

4203 of the

(A) in subsection (c)—

23

(i) by redesignating paragraphs (6)

24

and (7) as paragraphs (7) and (8), respec-

25

tively; and

† HR 2810 PAP

889
1

(ii) by inserting after paragraph (5)

2

the following new paragraph:

3

‘‘(6) A summary of the plan for the research and

4

development, deployment, and lifecycle sustainment of

5

technologies employed within the nuclear security en-

6

terprise.’’; and

7

(B) in subsection (d)—

8

(i) by redesignating paragraph (7) as

9

paragraph (8); and

10

(ii) by inserting after paragraph (6)

11

the following new paragraph:

12

‘‘(7) A plan, developed in consultation with the

13

Associate Under Secretary for Environment, Health,

14

Safety, and Security of the Department of Energy, for

15

the research and development, deployment, and

16

lifecycle sustainment of the technologies employed

17

within the nuclear security enterprise to address

18

physical and cyber security threats during the five

19

fiscal years following the date of the report, together

20

with—

21

‘‘(A) for each site in the nuclear security

22

enterprise, a description of the technologies de-

23

ployed to address the physical and cyber security

24

threats posed to that site; and

† HR 2810 PAP

890
1

‘‘(B) for each site and for the nuclear secu-

2

rity enterprise, the methods used by the Adminis-

3

tration to establish priorities among investments

4

in physical and cyber security technologies.’’.

5

(2) CONFORMING

REPEAL.—Section

3253(b) of

6

the National Nuclear Security Administration Act

7

(50 U.S.C. 2453(b)) is amended by striking para-

8

graph (5).

9

(d) MODIFICATION

10

QUISITION

OF

SUBMISSION

OF

SELECTED AC-

REPORTS.—Section 4217(a) of the Atomic En-

11 ergy Defense Act (50 U.S.C. 2537(a)) is amended—
12

(1) in paragraph (1)—

13

(A) by striking ‘‘each fiscal-year quarter’’

14

and inserting ‘‘the first quarter of each fiscal

15

year’’;

16
17

(B) by striking ‘‘or a major’’ and inserting
‘‘and each major’’; and

18

(C) by inserting ‘‘during the preceding fis-

19

cal year’’ after ‘‘4713(a)(2))’’; and

20

(2) in paragraph (2)—

21
22

(A) by striking ‘‘a fiscal-year quarter’’ and
inserting ‘‘a fiscal year’’; and

23

(B) by striking ‘‘such fiscal-year quarter’’

24

and inserting ‘‘each fiscal-year quarter in that

25

fiscal year’’.

† HR 2810 PAP

891
1

(e) MODIFICATION

2 MEETING

NATIONAL

OF

SUBMISSION

SECURITY

OF

PLAN

REQUIREMENTS

FOR
FOR

3 UNENCUMBERED URANIUM.—Section 4221(a) of the Atomic
4 Energy Defense Act (50 U.S.C. 2538c(a)) is amended by
5 striking ‘‘Concurrent with’’ and all that follows through
6 ‘‘2026’’ and inserting ‘‘Not later than December 31 of each
7 even-numbered year through 2026’’.
8
9
10

(f) MODIFICATIONS
PROLIFERATION

TO

DEFENSE NUCLEAR NON-

MANAGEMENT PLAN.—

(1) MODIFICATION

OF

SUBMISSION.—Section

11

4309 of the Atomic Energy Defense Act (50 U.S.C.

12

2575) is amended—

13

(A) by striking subsection (c);

14

(B) by redesignating subsection (b) as sub-

15

section (c); and

16
17
18

(C) by striking subsection (a) and inserting
the following new subsections:
‘‘(a) PLAN REQUIRED.—The Administrator shall de-

19 velop and annually update a five-year management plan
20 for activities associated with the defense nuclear non21 proliferation programs of the Administration to prevent
22 and counter the proliferation of materials, technology,
23 equipment, and expertise related to nuclear and radio24 logical weapons in order to minimize and address the risk
25 of nuclear terrorism and the proliferation of such weapons.

† HR 2810 PAP

892
1

‘‘(b) SUBMISSION

TO

CONGRESS.—(1) Not later than

2 March 15 of each even-numbered year, the Administrator
3 shall submit to the congressional defense committees a sum4 mary of the plan developed under subsection (a).
5

‘‘(2) Not later than March 15 of each odd-numbered

6 year, the Administrator shall submit to the congressional
7 defense committees a detailed report on the plan developed
8 under subsection (a).
9

‘‘(3) Each summary submitted under paragraph (1)

10 and each report submitted under paragraph (2) shall be
11 submitted in unclassified form, but may include a classified
12 annex if necessary.’’.
13

(2) ELIMINATION

OF IDENTIFICATION OF FUTURE

14

INTERNATIONAL CONTRIBUTIONS.—Subsection

15

such section, as redesignated by paragraph (1)(B), is

16

further amended—

(c) of

17

(A) by striking paragraph (14); and

18

(B) by redesignating paragraphs (15) and

19

(16) as paragraphs (14) and (15), respectively.

20

(3) CONFORMING

AMENDMENTS.—Subsection

(c)

21

of such section, as redesignated by paragraph (1)(B)

22

and amended by paragraph (2), is further amended—

23

(A) in paragraph (2), by striking ‘‘the plan

24

required by subsection (a)’’ and inserting ‘‘the

25

summary required by paragraph (1) of sub-

† HR 2810 PAP

893
1

section (b) or the report required by paragraph

2

(2) of that subsection, as the case may be’’;

3

(B) in paragraph (6), by striking ‘‘the plan

4

required by subsection (a)’’ and inserting ‘‘the

5

summary required by paragraph (1) of sub-

6

section (b) or the report required by paragraph

7

(2) of that subsection, as the case may be’’;

8

(C) in paragraph (7), by striking ‘‘the plan

9

required by subsection (a)’’ and inserting ‘‘the

10

summary required by paragraph (1) of sub-

11

section (b) or the report required by paragraph

12

(2) of that subsection, as the case may be,’’;

13

(D) in paragraph (9), by striking ‘‘the plan

14

required by subsection (a)’’ and inserting ‘‘the

15

summary required by paragraph (1) of sub-

16

section (b) or the report required by paragraph

17

(2) of that subsection, as the case may be,’’; and

18

(E) in paragraph (10), by striking ‘‘the

19

plan required by subsection (a)’’ and inserting

20

‘‘the summary required by paragraph (1) of sub-

21

section (b) or the report required by paragraph

22

(2) of that subsection, as the case may be,’’.

23

(g) MODIFICATION

24 ANALYSES
25

ATING

FOR

OF

SUBMISSION

COMPETITION

OF

OF

COST-BENEFIT

MANAGEMENT

AND

OPER-

CONTRACTS.—Section 3121 of the National Defense

† HR 2810 PAP

894
1 Authorization Act for Fiscal Year 2013 (Public Law 112–
2 239; 126 Stat. 2175), as most recently amended by section
3 3135 of the National Defense Authorization Act for Fiscal
4 Year 2016 (Public Law 114–92; 129 Stat. 1207), is further
5 amended in subsection (a) by striking ‘‘30 days’’ and in6 serting ‘‘180 days’’.
7

SEC. 3114. NATIONAL NUCLEAR SECURITY ADMINISTRA-

8
9

TION PERSONNEL SYSTEM.

(a) IN GENERAL.—Subtitle C of the National Nuclear

10 Security Administration Act (50 U.S.C. 2441 et seq.) is
11 amended by adding at the end the following new section:
12
13

‘‘SEC. 3248. ALTERNATIVE PERSONNEL SYSTEM.

‘‘(a) IN GENERAL.—The Administrator may adapt the

14 pay banding and performance-based pay adjustment dem15 onstration project carried out by the Administration under
16 the authority provided by section 4703 of title 5, United
17 States Code, into a permanent alternative personnel system
18 for the Administration (to be known as the ‘National Nu19 clear Security Administration Personnel System’) and im20 plement that system with respect to employees of the Ad21 ministration.
22

‘‘(b) MODIFICATIONS.—In adapting the demonstration

23 project described in subsection (a) into a permanent alter24 native personnel system, the Administrator—

† HR 2810 PAP

895
1

‘‘(1) may, subject to paragraph (2), revise the re-

2

quirements and limitations of the demonstration

3

project to the extent necessary; and

4

‘‘(2) shall ensure that the permanent alternative

5

personnel system is carried out in a manner con-

6

sistent with the final plan for the demonstration

7

project (72 Fed. Reg. 72776).

8

‘‘(c) APPLICATION

TO

NAVAL NUCLEAR PROPULSION

9 PROGRAM.—The Administrator may apply the alternative
10 personnel system under subsection (a) to all employees of
11 the Naval Nuclear Propulsion Program in the competitive
12 service (as defined in section 2102 of title 5, United States
13 Code).’’.
14

(b) CLERICAL AMENDMENT.—The table of contents for

15 the National Nuclear Security Administration Act is
16 amended by inserting after the item relating to section 3247
17 the following new item:
‘‘Sec. 3248. Alternative personnel system.’’.

18

SEC. 3115. ANNUAL REPORTS ON UNFUNDED PRIORITIES

19

OF NATIONAL NUCLEAR SECURITY ADMINIS-

20

TRATION.

21

(a) IN GENERAL.—Subtitle A of title XLVII of the

22 Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is
23 amended by adding at the end the following new section:

† HR 2810 PAP

896
1

‘‘SEC. 4715. UNFUNDED PRIORITIES OF THE NATIONAL NU-

2
3

CLEAR SECURITY ADMINISTRATION.

‘‘(a) ANNUAL REPORT.—Not later than 10 days after

4 the date on which the budget of the President for a fiscal
5 year is submitted to Congress pursuant to section 1105(a)
6 of title 31, United States Code, the Administrator shall sub7 mit to the Secretary of Energy and the congressional defense
8 committees a report on the unfunded priorities of the Ad9 ministration.
10

‘‘(b) ELEMENTS.—

11

‘‘(1) IN

GENERAL.—Each

report required by sub-

12

section (a) shall specify, for each unfunded priority

13

covered by the report, the following:

14

‘‘(A) A summary description of that pri-

15

ority, including the objectives to be achieved if

16

that priority is funded (whether in whole or in

17

part).

18

‘‘(B) The additional amount of funds rec-

19

ommended in connection with the objectives

20

under subparagraph (A).

21

‘‘(C) Account information with respect to

22

that priority.

23

‘‘(2) PRIORITIZATION

OF PRIORITIES.—Each

re-

24

port required by subsection (a) shall present the un-

25

funded priorities covered by the report in order of ur-

26

gency of priority.
† HR 2810 PAP

897
1

‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section,

2 the term ‘unfunded priority’, in the case of a fiscal year,
3 means a program, activity, or mission requirement that—
4

‘‘(1) is not funded in the budget of the President

5

for that fiscal year as submitted to Congress pursuant

6

to section 1105(a) of title 31, United States Code;

7

‘‘(2) is necessary to fulfill a requirement associ-

8

ated with an operational or contingency plan or other

9

validated requirement of the Administration; and

10

‘‘(3) would have been recommended for funding

11

through the budget referred to in paragraph (1) by the

12

Secretary of Energy—

13

‘‘(A) if additional resources were available

14

for the budget to fund the program, activity, or

15

mission requirement; or

16

‘‘(B) in the case of a program, activity, or

17

mission requirement that emerged after the budg-

18

et was formulated, if the program, activity, or

19

mission requirement had emerged before the

20

budget was formulated.’’.

21

(b) CLERICAL AMENDMENT.—The table of contents for

22 the Atomic Energy Defense Act is amended by inserting
23 after the item relating to section 4714 the following new
24 item:
‘‘Sec. 4715. Unfunded priorities of the National Nuclear Security Administration.’’.

† HR 2810 PAP

898
1

SEC. 3116. EXTENSION OF AUTHORIZATION OF ADVISORY

2

BOARD ON TOXIC SUBSTANCES AND WORKER

3

HEALTH.

4

Section 3687(i) of the Energy Employees Occupational

5 Illness Compensation Program Act of 2000 (42 U.S.C.
6 7385s–16(i)) is amended by striking ‘‘5 years’’ and insert7 ing ‘‘10 years’’.

10

TITLE
XXXII—DEFENSE
NUCLEAR FACILITIES SAFETY
BOARD

11

SEC. 3201. AUTHORIZATION.

8
9

12

There are authorized to be appropriated for fiscal year

13 2018, $30,600,000 for the operation of the Defense Nuclear
14 Facilities Safety Board under chapter 21 of the Atomic En15 ergy Act of 1954 (42 U.S.C. 2286 et seq.).
16
17
18
19

TITLE XXXV—MARITIME
ADMINISTRATION
SEC. 3501. MARITIME ADMINISTRATION.

Section 109 of title 49, United States Code, is amended

20 to read as follows:
21 ‘‘§ 109. Maritime Administration
22

‘‘(a) ORGANIZATION

AND

MISSION.—The Maritime

23 Administration is an administration in the Department of
24 Transportation. The mission of the Maritime Administra25 tion is to foster, promote, and develop the merchant mari26 time industry of the United States.
† HR 2810 PAP

899
1

‘‘(b) MARITIME ADMINISTRATOR.—The head of the

2 Maritime Administration is the Maritime Administrator,
3 who is appointed by the President by and with the advice
4 and consent of the Senate. The Administrator shall report
5 directly to the Secretary of Transportation and carry out
6 the duties prescribed by the Secretary.
7

‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The Mari-

8 time Administration shall have a Deputy Maritime Admin9 istrator, who is appointed in the competitive service by the
10 Secretary, after consultation with the Administrator. The
11 Deputy Administrator shall carry out the duties prescribed
12 by the Administrator. The Deputy Administrator shall be
13 Acting Administrator during the absence or disability of
14 the Administrator and, unless the Secretary designates an15 other individual, during a vacancy in the office of Adminis16 trator.
17

‘‘(d) DUTIES

AND

POWERS VESTED

IN

SECRETARY.—

18 All duties and powers of the Maritime Administration are
19 vested in the Secretary.
20

‘‘(e) REGIONAL OFFICES.—The Maritime Administra-

21 tion shall have regional offices for the Atlantic, Gulf, Great
22 Lakes, and Pacific port ranges, and may have other re23 gional offices as necessary. The Secretary shall appoint a
24 qualified individual as Director of each regional office. The
25 Secretary shall carry out appropriate activities and pro-

† HR 2810 PAP

900
1 grams of the Maritime Administration through the regional
2 offices.
3

‘‘(f) INTERAGENCY

AND

INDUSTRY RELATIONS.—The

4 Secretary shall establish and maintain liaison with other
5 agencies, and with representative trade organizations
6 throughout the United States, concerned with the transpor7 tation of commodities by water in the export and import
8 foreign commerce of the United States, for the purpose of
9 securing preference to vessels of the United States for the
10 transportation of those commodities.
11

‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.—

12 To assist the Secretary in carrying out duties and powers
13 relating to the Maritime Administration, not more than
14 five officers of the Armed Forces may be detailed to the Sec15 retary at any one time, in addition to details authorized
16 by any other law. During the period of a detail, the Sec17 retary shall pay the officer an amount that, when added
18 to the officer’s pay and allowances as an officer in the
19 Armed Forces, makes the officer’s total pay and allowances
20 equal to the amount that would be paid to an individual
21 performing work the Secretary considers to be of similar
22 importance, difficulty, and responsibility as that performed
23 by the officer during the detail.
24

‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS,

25 AUDITS.—

† HR 2810 PAP

AND

901
1

‘‘(1) CONTRACTS

AND

COOPERATIVE

AGREE-

2

MENTS.—In

3

tion may make a contract within the scope of its au-

4

thority under its charter, the Secretary may make

5

contracts and cooperative agreements for the United

6

States Government and disburse amounts to—

the same manner that a private corpora-

7

‘‘(A) carry out the Secretary’s duties and

8

powers under this section, subtitle V of title 46,

9

and all other Maritime Administration pro-

10

grams; and

11

‘‘(B) protect, preserve, and improve collat-

12

eral held by the Secretary to secure indebtedness.

13

‘‘(2) AUDITS.—The financial transactions of the

14

Secretary under paragraph (1) shall be audited by the

15

Comptroller General. The Comptroller General shall

16

allow credit for an expenditure shown to be necessary

17

because of the nature of the business activities author-

18

ized by this section or subtitle V of title 46. At least

19

once a year, the Comptroller General shall report to

20

Congress any departure by the Secretary from this

21

section or subtitle V of title 46.

22

‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as

23 otherwise provided by law, the administrative and related
24 expenses for the administration of any grant programs by
25 the Maritime Administrator may not exceed 3 percent.

† HR 2810 PAP

902
1
2

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN

GENERAL.—Except

as otherwise provided

3

in this subsection, there are authorized to be appro-

4

priated such amounts as may be necessary to carry

5

out the duties and powers of the Secretary relating to

6

the Maritime Administration.

7

‘‘(2) LIMITATIONS.—Only those amounts specifi-

8

cally authorized by law may be appropriated for the

9

use of the Maritime Administration for—

10
11

‘‘(A) acquisition, construction, or reconstruction of vessels;

12

‘‘(B) construction-differential subsidies inci-

13

dent to the construction, reconstruction, or recon-

14

ditioning of vessels;

15

‘‘(C) costs of national defense features;

16

‘‘(D) payments of obligations incurred for

17

operating-differential subsidies;

18

‘‘(E) expenses necessary for research and de-

19

velopment activities, including reimbursement of

20

the Vessel Operations Revolving Fund for losses

21

resulting from expenses of experimental vessel op-

22

erations;

23

‘‘(F) the Vessel Operations Revolving Fund;

24

‘‘(G) National Defense Reserve Fleet ex-

25

penses;

† HR 2810 PAP

903
1

‘‘(H) expenses necessary to carry out part B

2

of subtitle V of title 46; and

3

‘‘(I) other operations and training expenses

4

related to the development of waterborne trans-

5

portation systems, the use of waterborne trans-

6

portation systems, and general administration.’’.

7

DIVISION D—FUNDING TABLES

8

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA-

9
10

BLES.

(a) IN GENERAL.—Whenever a funding table in this

11 division specifies a dollar amount authorized for a project,
12 program, or activity, the obligation and expenditure of the
13 specified dollar amount for the project, program, or activity
14 is hereby authorized, subject to the availability of appro15 priations.
16

(b) MERIT-BASED DECISIONS.—A decision to commit,

17 obligate, or expend funds with or to a specific entity on
18 the basis of a dollar amount authorized pursuant to sub19 section (a) shall—
20

(1) be based on merit-based selection procedures

21

in accordance with the requirements of sections

22

2304(k) and 2374 of title 10, United States Code, or

23

on competitive procedures; and

24
25

(2) comply with other applicable provisions of
law.

† HR 2810 PAP

904
1

(c) RELATIONSHIP

TO

TRANSFER

AND

PROGRAMMING

2 AUTHORITY.—An amount specified in the funding tables in
3 this division may be transferred or reprogrammed under
4 a transfer or reprogramming authority provided by another
5 provision of this Act or by other law. The transfer or re6 programming of an amount specified in such funding tables
7 shall not count against a ceiling on such transfers or
8 reprogrammings under section 1001 or section 1522 of this
9 Act or any other provision of law, unless such transfer or
10 reprogramming would move funds between appropriation
11 accounts.
12

(d) APPLICABILITY

TO

CLASSIFIED ANNEX.—This sec-

13 tion applies to any classified annex that accompanies this
14 Act.
15

(e) ORAL WRITTEN COMMUNICATIONS.—No oral or

16 written communication concerning any amount specified in
17 the funding tables in this division shall supersede the re18 quirements of this section.

TITLE XLI—PROCUREMENT

19
20

SEC. 4101. PROCUREMENT.
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

2
4

5
6
7
8
9
10

Item
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
UTILITY F/W AIRCRAFT ...................................................................................................................
MQ–1 UAV ..............................................................................................................................................
UFR: ER Improved Gray Eagle Air Vehicles ..............................................................................
ROTARY
HELICOPTER, LIGHT UTILITY (LUH) .........................................................................................
AH–64 APACHE BLOCK IIIA REMAN ............................................................................................
UFR: Procures remanufactured AH64Es .....................................................................................
AH–64 APACHE BLOCK IIIA REMAN (AP) ...................................................................................
AH–64 APACHE BLOCK IIIB NEW BUILD ...................................................................................
UFR: Procures AH–64E ................................................................................................................
AH–64 APACHE BLOCK IIIB NEW BUILD (AP) ..........................................................................
UH–60 BLACKHAWK M MODEL (MYP) .........................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

75,115
30,206

75,115
130,206
[100,000]

108,383
725,976

108,383
764,976
[39,000]
170,910
647,800
[273,700]
71,900
938,308

170,910
374,100
71,900
938,308

905
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

11
12
13

UH–60 BLACKHAWK M MODEL (MYP) (AP) ................................................................................
UH–60 BLACK HAWK A AND L MODELS .....................................................................................
CH–47 HELICOPTER ..........................................................................................................................
UFR: New Build MH–47G aircraft ..............................................................................................
CH–47 HELICOPTER (AP) ................................................................................................................
MODIFICATION OF AIRCRAFT
MQ–1 PAYLOAD (MIP) ........................................................................................................................
UFR: Procures of Common Sensor Payloads ...............................................................................
UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) ..............................................................
GRAY EAGLE MODS2 .........................................................................................................................
MULTI SENSOR ABN RECON (MIP) ...............................................................................................
UFR: Procures of Electronic Intelligence (ELINT) upgrades ....................................................
AH–64 MODS .........................................................................................................................................
CH–47 CARGO HELICOPTER MODS (MYP) ..................................................................................
GRCS SEMA MODS (MIP) ..................................................................................................................
ARL SEMA MODS (MIP) ....................................................................................................................
EMARSS SEMA MODS (MIP) ............................................................................................................
UTILITY/CARGO AIRPLANE MODS ................................................................................................
UTILITY HELICOPTER MODS .........................................................................................................
NETWORK AND MISSION PLAN .....................................................................................................
COMMS, NAV SURVEILLANCE .........................................................................................................
GATM ROLLUP .....................................................................................................................................
RQ–7 UAV MODS ..................................................................................................................................
UFR: Procures Shadow V2 BLK III systems ..............................................................................
UAS MODS .............................................................................................................................................
UFR: Procures OSRVT systems ....................................................................................................
GROUND SUPPORT AVIONICS
AIRCRAFT SURVIVABILITY EQUIPMENT ...................................................................................
SURVIVABILITY CM ...........................................................................................................................
CMWS ......................................................................................................................................................
UFR: Limited Interim Missile Warning System (LIMWS) Quick Reaction Capability ........
COMMON INFRARED COUNTERMEASURES (CIRCM) ..............................................................
UFR: CIRCM B-Kits .....................................................................................................................
OTHER SUPPORT
AVIONICS SUPPORT EQUIPMENT .................................................................................................
COMMON GROUND EQUIPMENT ....................................................................................................
AIRCREW INTEGRATED SYSTEMS ...............................................................................................
AIR TRAFFIC CONTROL ....................................................................................................................
UFR: Airspace Information System shelter and Alternate Workstation ...................................
INDUSTRIAL FACILITIES ................................................................................................................
LAUNCHER, 2.75 ROCKET ................................................................................................................
TOTAL AIRCRAFT PROCUREMENT, ARMY ....................................................................

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

31
32
33
34

35
36
37
38
39
40

1
2
3

5
6

8
9
10
11
12

15
16
17
18
19
20
21
22

MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
LOWER TIER AIR AND MISSILE DEFENSE (AMD) ..................................................................
MSE MISSILE .......................................................................................................................................
UFR: Additional MSE missiles ....................................................................................................
INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ...............................................................
Available prior year funds .............................................................................................................
AIR-TO-SURFACE MISSILE SYSTEM
HELLFIRE SYS SUMMARY ...............................................................................................................
UFR: Procures maximum Hellfire missile ...................................................................................
JOINT AIR-TO-GROUND MSLS (JAGM) .........................................................................................
Excess due to delays .......................................................................................................................
ANTI-TANK/ASSAULT MISSILE SYS
JAVELIN (AAWS-M) SYSTEM SUMMARY ......................................................................................
UFR: Procures additional Javelin ................................................................................................
TOW 2 SYSTEM SUMMARY ...............................................................................................................
TOW 2 SYSTEM SUMMARY (AP) .....................................................................................................
GUIDED MLRS ROCKET (GMLRS) .................................................................................................
UFR: Tooling and practice rounds ...............................................................................................
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .........................................................
UFR: Funds Reduced Range Practice Rockets ............................................................................
MODIFICATIONS
PATRIOT MODS ...................................................................................................................................
UFR: Procures additional ELES .................................................................................................
ATACMS MODS .....................................................................................................................................
UFR: Additional ATACMS ...........................................................................................................
GMLRS MOD .........................................................................................................................................
STINGER MODS ...................................................................................................................................
UFR: Maximizes Stinger ...............................................................................................................
AVENGER MODS ..................................................................................................................................
ITAS/TOW MODS ..................................................................................................................................
MLRS MODS ..........................................................................................................................................
UFR: Procures M270A1 MLRS launchers ...................................................................................
HIMARS MODIFICATIONS ................................................................................................................
AIR-TO-SURFACE MISSILE SYSTEM

† HR 2810 PAP

FY 2018
Request
86,295
76,516
202,576
17,820
5,910
15,000
74,291
68,812
238,141
20,166
5,514
11,650
15,279
57,737
5,900
142,102
166,050
37,403
83,160
26,109

70,913
5,884
26,825
6,337

7,038
47,404
47,066
83,790
1,397
1,911
4,149,894

140,826
459,040
57,742

94,790
178,432

110,123
85,851
19,949
595,182
28,321

329,073
116,040
531
63,090
62,931
3,500
138,235
9,566

Senate
Authorized
86,295
76,516
449,140
[246,564]
17,820
21,910
[16,000]
15,000
74,291
98,287
[29,475]
238,141
20,166
5,514
11,650
15,279
57,737
5,900
142,102
166,050
37,403
214,160
[131,000]
26,429
[320]
70,913
5,884
51,825
[25,000]
31,337
[25,000]
7,038
47,404
47,066
84,905
[1,115]
1,397
1,911
5,037,068

140,826
1,109,081
[650,041]
38,742
[–19,000]
104,860
[10,070]
133,432
[–45,000]
257,488
[147,365]
85,851
19,949
609,682
[14,500]
34,651
[6,330]
496,527
[167,454]
185,440
[69,400]
531
91,890
[28,800]
62,931
3,500
187,117
[48,882]
9,566

906
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

27

HIMARS ..................................................................................................................................................
UFR: Procures HIMARS launchers ..............................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
SUPPORT EQUIPMENT & FACILITIES
AIR DEFENSE TARGETS ..................................................................................................................
PRODUCTION BASE SUPPORT .......................................................................................................
TOTAL MISSILE PROCUREMENT, ARMY ........................................................................

23
24
26

1
2
4

6
7
8
9
10
11
12
13
14

15

18
19
20
21
23
24
25

26
27
28
29

30
31
32
33
34
35
36
37
39

1
2
3

PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
BRADLEY PROGRAM ..........................................................................................................................
UFR: Recap 1 Infantry Battalion Set of M2A4 ..........................................................................
ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................................................................
MODIFICATION OF TRACKED COMBAT VEHICLES
STRYKER (MOD) ..................................................................................................................................
UFR: Second SBCT set of 30mm ..................................................................................................
UFR: Stryker ECP .........................................................................................................................
BRADLEY PROGRAM (MOD) ............................................................................................................
M109 FOV MODIFICATIONS ..............................................................................................................
PALADIN INTEGRATED MANAGEMENT (PIM) ...........................................................................
IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ..........................................................
UFR: Procures one ABCT set of HERCULES (M88A2) ............................................................
ASSAULT BRIDGE (MOD) .................................................................................................................
ASSAULT BREACHER VEHICLE ....................................................................................................
UFR: Procures Assault Breacher Vehicles, Combat Dozer Blades, Full Width Mine Plows ....
M88 FOV MODS ....................................................................................................................................
JOINT ASSAULT BRIDGE .................................................................................................................
M1 ABRAMS TANK (MOD) .................................................................................................................
UFR: Completes the first Brigade set of Trophy (NDI APS) for Abrams w/ ERI OCO (1
APS Set) .....................................................................................................................................
ABRAMS UPGRADE PROGRAM .......................................................................................................
UFR: Recapitalization of 29 Abrams tanks to M1A2SEPv3 .....................................................
WEAPONS & OTHER COMBAT VEHICLES
M240 MEDIUM MACHINE GUN (7.62MM) ......................................................................................
UFR: Procures additional .............................................................................................................
MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ...................................................
UFR: Procures M3E1 light weight Carl Gustaf weapon systems ...............................................
MORTAR SYSTEMS .............................................................................................................................
UFR: Procures M121 120mm Mortars .........................................................................................
XM320 GRENADE LAUNCHER MODULE (GLM) .........................................................................
UFR: Procures M320A1 40mm Grenade Launchers ...................................................................
CARBINE ................................................................................................................................................
UFR: Procures M4A1 carbines ......................................................................................................
COMMON REMOTELY OPERATED WEAPONS STATION ..........................................................
UFR: Accelerate CROWS modifications .......................................................................................
HANDGUN .............................................................................................................................................
UFR: Procures Modular Handgun Systems .................................................................................
MOD OF WEAPONS AND OTHER COMBAT VEH
MK–19 GRENADE MACHINE GUN MODS .....................................................................................
M777 MODS ............................................................................................................................................
UFR: Funds M777 lightweight towed howitzers ..........................................................................
M4 CARBINE MODS ............................................................................................................................
M2 50 CAL MACHINE GUN MODS ...................................................................................................
UFR: Procures M2A1 .50cal machine ..........................................................................................
UFR: Procures Mk93 MG mounts, M2A1 .50cal MGs, M205 tripods ........................................
M249 SAW MACHINE GUN MODS ...................................................................................................
M240 MEDIUM MACHINE GUN MODS ...........................................................................................
UFR: Procures M192 tripods, M240B 7.62mm, M240L 7.62mm, Gun Optics .........................
SNIPER RIFLES MODIFICATIONS .................................................................................................
M119 MODIFICATIONS .......................................................................................................................
MORTAR MODIFICATION ..................................................................................................................
MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ..................................................................
SUPPORT EQUIPMENT & FACILITIES
ITEMS LESS THAN $5.0M (WOCV-WTCV) .....................................................................................
UFR: Procures M150 Rifle Combat Optic (RCO); M68 Close Combat Optics (CCO) .............
PRODUCTION BASE SUPPORT (WOCV-WTCV) ...........................................................................
SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................................................................
TOTAL PROCUREMENT OF W&TCV, ARMY ...................................................................
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
CTG, 5.56MM, ALL TYPES .................................................................................................................
UFR: Additional ammunition ......................................................................................................
CTG, 7.62MM, ALL TYPES .................................................................................................................
UFR: Additional ammunition ......................................................................................................
CTG, HANDGUN, ALL TYPES ...........................................................................................................
UFR: Additional ammunition ......................................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized
0

435,728
[435,728]

18,915

18,915

5,728
1,189
2,519,054

5,728
1,189
4,033,624

0

111,000
[111,000]
193,715

193,715
97,552

444,851
64,230
646,413
72,402
5,855
34,221
4,826
128,350
248,826

275,000

1,992
6,520
21,452
4,524
43,150
750
8,326

2,000
3,985
31,315
47,414

3,339
4,577
1,488
12,678
3,998
2,219
5,075
992
1,573
2,423,608

39,767
46,804
10,413

793,052
[347,500]
[348,000]
444,851
64,230
646,413
194,402
[122,000]
5,855
94,221
[60,000]
4,826
128,350
469,826
[221,000]
836,000
[561,000]
4,342
[2,350]
26,520
[20,000]
34,502
[13,050]
5,323
[799]
57,137
[13,987]
10,750
[10,000]
8,704
[378]
2,000
89,772
[85,787]
31,315
52,670
[2,350]
[2,906]
3,339
11,159
[6,582]
1,488
12,678
3,998
2,219
7,788
[2,713]
992
1,573
4,355,010

46,992
[7,225]
61,704
[14,900]
10,503
[90]

907
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
4
5
6
7
8

9
10
11

12

13
14
15
16

17

19
20

21
22
23
24
25

26
27
28
29
30
32
33
34

1
2
3

4
6
7
8
9
10

Item
CTG, .50 CAL, ALL TYPES .................................................................................................................
UFR: Additional ammunition ......................................................................................................
CTG, 20MM, ALL TYPES ....................................................................................................................
CTG, 25MM, ALL TYPES ....................................................................................................................
UFR: Additional ammunition ......................................................................................................
CTG, 30MM, ALL TYPES ....................................................................................................................
UFR: Additional ammunition ......................................................................................................
CTG, 40MM, ALL TYPES ....................................................................................................................
UFR: Additional ammunition ......................................................................................................
MORTAR AMMUNITION
60MM MORTAR, ALL TYPES ............................................................................................................
UFR: Additional ammunition ......................................................................................................
81MM MORTAR, ALL TYPES ............................................................................................................
UFR: Additional mortar ................................................................................................................
120MM MORTAR, ALL TYPES ..........................................................................................................
UFR: Additional 120mm ...............................................................................................................
TANK AMMUNITION
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ...........................................................
UFR: Additional Tank cartridge ..................................................................................................
ARTILLERY AMMUNITION
ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........................................................
ARTILLERY PROJECTILE, 155MM, ALL TYPES .........................................................................
UFR: Additional ammunition ......................................................................................................
PROJ 155MM EXTENDED RANGE M982 ........................................................................................
UFR: Excalibur ..............................................................................................................................
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .....................................................
UFR: Additional PGK, prop charges, artillery fuzes ..................................................................
UFR: Required to execute simultaneous OPLAN ........................................................................
MINES
MINES & CLEARING CHARGES, ALL TYPES .............................................................................
UFR: Additional ammunition ......................................................................................................
ROCKETS
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................................................................
UFR: Additional rockets, grenades ...............................................................................................
ROCKET, HYDRA 70, ALL TYPES ...................................................................................................
UFR: Additional APKWS .............................................................................................................
OTHER AMMUNITION
CAD/PAD, ALL TYPES ........................................................................................................................
DEMOLITION MUNITIONS, ALL TYPES .......................................................................................
UFR: Additional munitions ..........................................................................................................
GRENADES, ALL TYPES ...................................................................................................................
UFR: Additional ammunition ......................................................................................................
SIGNALS, ALL TYPES ........................................................................................................................
UFR: Additional signal munitions ...............................................................................................
SIMULATORS, ALL TYPES ...............................................................................................................
UFR: Additional signal munitions ...............................................................................................
MISCELLANEOUS
AMMO COMPONENTS, ALL TYPES .................................................................................................
NON-LETHAL AMMUNITION, ALL TYPES ...................................................................................
UFR: Non-Lethal Hand Grenade Munitions ...............................................................................
ITEMS LESS THAN $5 MILLION (AMMO) ....................................................................................
UFR: Additional ammunition ......................................................................................................
AMMUNITION PECULIAR EQUIPMENT ........................................................................................
FIRST DESTINATION TRANSPORTATION (AMMO) ...................................................................
PRODUCTION BASE SUPPORT
INDUSTRIAL FACILITIES ................................................................................................................
UFR: Upgrade at GOCO Army ammuntion plants ....................................................................
CONVENTIONAL MUNITIONS DEMILITARIZATION .................................................................
ARMS INITIATIVE ...............................................................................................................................
TOTAL PROCUREMENT OF AMMUNITION, ARMY ....................................................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
TACTICAL TRAILERS/DOLLY SETS ..............................................................................................
UFR: Provides self-haul capability to Engineer Construction Units ........................................
SEMITRAILERS, FLATBED: .............................................................................................................
UFR: Procures 100 % of equipment shortage in Europe for M872 ...........................................
AMBULANCE, 4 LITTER, 5/4 TON, 4X4 ..........................................................................................
UFR: Procures HMMWV ambulances ..........................................................................................
UFR: Support increased end-strength ..........................................................................................
GROUND MOBILITY VEHICLES (GMV) .........................................................................................
JOINT LIGHT TACTICAL VEHICLE ...............................................................................................
TRUCK, DUMP, 20T (CCE) ................................................................................................................
FAMILY OF MEDIUM TACTICAL VEH (FMTV) ...........................................................................
UFR: Procures vehicles ..................................................................................................................
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ...........................................................
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................................................................
UFR: Procures Forward Repair Systems (FRS) ........................................................................

† HR 2810 PAP

FY 2018
Request
62,837
8,208
8,640
76,850
108,189

57,359
49,471
91,528

Senate
Authorized
71,727
[8,890]
8,208
40,502
[31,862]
79,000
[2,150]
125,380
[17,191]
59,865
[2,506]
52,580
[3,109]
109,720
[18,192]

133,500

173,800
[40,300]

44,200
187,149

44,200
346,330
[159,181]
282,500
[233,500]
163,768
[48,601]
[32,121]

49,000
83,046

3,942

6,992
[3,050]

5,000

66,881
[61,881]
229,242
[68,087]

161,155

7,441
19,345
22,759
2,583
13,084

12,237
1,500
10,730
16,425
15,221
329,356
197,825
3,719
1,879,283

9,716
14,151
53,000

40,935
804,440
967
78,650
19,404
81,656

7,441
21,606
[2,261]
48,120
[25,361]
3,412
[829]
13,534
[450]
12,237
1,650
[150]
14,395
[3,665]
16,425
15,221
429,356
[100,000]
197,825
3,719
2,764,835

10,871
[1,155]
41,151
[27,000]
68,593
[15,000]
[593]
40,935
804,440
967
263,872
[185,222]
19,404
89,099
[7,443]

908
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

11

PLS ESP .................................................................................................................................................
UFR: Provides transportion of ammunition and break-bulk cargo ...........................................
TACTICAL WHEELED VEHICLE PROTECTION KITS ..............................................................
MODIFICATION OF IN SVC EQUIP ................................................................................................
UFR: Additional Buffalo and MMPV ..........................................................................................
NON-TACTICAL VEHICLES
HEAVY ARMORED SEDAN ................................................................................................................
PASSENGER CARRYING VEHICLES ..............................................................................................
NONTACTICAL VEHICLES, OTHER ...............................................................................................
COMM—JOINT COMMUNICATIONS
WIN-T—GROUND FORCES TACTICAL NETWORK .....................................................................
Early to need ..................................................................................................................................
SIGNAL MODERNIZATION PROGRAM ..........................................................................................
TACTICAL NETWORK TECHNOLOGY MOD IN SVC ...................................................................
JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ......................................................
JCSE EQUIPMENT (USREDCOM) ...................................................................................................
COMM—SATELLITE COMMUNICATIONS
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ......................................................
TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ..............................................
SHF TERM ............................................................................................................................................
SMART-T (SPACE) ...............................................................................................................................
GLOBAL BRDCST SVC—GBS ...........................................................................................................
UFR: Procures Global Broadcast Systems ...................................................................................
ENROUTE MISSION COMMAND (EMC) .........................................................................................
COMM—COMBAT SUPPORT COMM
MOD-IN-SERVICE PROFILER ..........................................................................................................
COMM—C3 SYSTEM
ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ........................................................................
COMM—COMBAT COMMUNICATIONS
HANDHELD MANPACK SMALL FORM FIT (HMS) ....................................................................
MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ...........................................................
RADIO TERMINAL SET, MIDS LVT(2) ...........................................................................................
TRACTOR DESK ..................................................................................................................................
TRACTOR RIDE ...................................................................................................................................
UFR: Procurement of Offensive Cyber Operations ......................................................................
SPIDER APLA REMOTE CONTROL UNIT .....................................................................................
SPIDER FAMILY OF NETWORKED MUNITIONS INCR ............................................................
UFR: Procures SPIDER INC 1A systems ...................................................................................
TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM ..................................................
UNIFIED COMMAND SUITE .............................................................................................................
FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ......................................................
COMM—INTELLIGENCE COMM
CI AUTOMATION ARCHITECTURE ................................................................................................
DEFENSE MILITARY DECEPTION INITIATIVE .........................................................................
INFORMATION SECURITY
COMMUNICATIONS SECURITY (COMSEC) ...................................................................................
UFR: Security Data System and End Cyrptographic Units .....................................................
DEFENSIVE CYBER OPERATIONS ................................................................................................
UFR: Funds Deployable DCO Systems for COMPO 2&3 Cyber Protection Teams .................
INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ......................................................
PERSISTENT CYBER TRAINING ENVIRONMENT ......................................................................
COMM—LONG HAUL COMMUNICATIONS
BASE SUPPORT COMMUNICATIONS .............................................................................................
COMM—BASE COMMUNICATIONS
INFORMATION SYSTEMS ..................................................................................................................
EMERGENCY MANAGEMENT MODERNIZATION PROGRAM ..................................................
HOME STATION MISSION COMMAND CENTERS (HSMCC) ....................................................
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...................................................
ELECT EQUIP—TACT INT REL ACT (TIARA)
JTT/CIBS-M ...........................................................................................................................................
UFR: Procures critical spare parts ..............................................................................................
DCGS-A (MIP) .......................................................................................................................................
Changing tactical requirements .....................................................................................................
TROJAN (MIP) ......................................................................................................................................
UFR: Procures TROJAN SPIRIT ................................................................................................
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................................................................
CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................................................................
UFR: Provides CI/HUMINT Automated Reporting and Collection System capabilities ........
CLOSE ACCESS TARGET RECONNAISSANCE (CATR) ..............................................................
MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M ................................................
ELECT EQUIP—ELECTRONIC WARFARE (EW)
LIGHTWEIGHT COUNTER MORTAR RADAR ..............................................................................
EW PLANNING & MANAGEMENT TOOLS (EWPMT) ..................................................................
AIR VIGILANCE (AV) ..........................................................................................................................
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ................................................
CI MODERNIZATION ..........................................................................................................................
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
SENTINEL MODS ................................................................................................................................

13
14

16
17
18
19
20
21
22
23
24
25
26
28
29
31
33
34
36
37
38
40
41
42
43
45
46
47
49
50
54
55
56
57
58
59
60
61
62
65
68
70
71
72
73
74
76
77
78
81
82
83

† HR 2810 PAP

FY 2018
Request
7,129
43,040
83,940

Senate
Authorized
59,804
[52,675]
43,040
191,667
[107,727]

269
1,320
6,964

269
1,320
6,964

420,492

0
[–420,492]
92,718
150,497
6,065
5,051

92,718
150,497
6,065
5,051
161,383
62,600
11,622
6,799
7,065
21,667

161,383
62,600
11,622
6,799
18,065
[11,000]
21,667

70

70

2,658

2,658

355,351
25,100
11,160
2,041
5,534

4,411
15,275
15,964

355,351
25,100
11,160
2,041
13,734
[8,200]
996
6,858
[2,358]
4,411
15,275
15,964

9,560
4,030

9,560
4,030

107,804

690
4,000

131,082
[23,278]
61,436
[8,000]
690
4,000

43,751

43,751

118,101
4,490
20,050
186,251

118,101
4,490
20,050
186,251

12,154

8,050
567

19,754
[7,600]
124,782
[–150,000]
29,212
[13,160]
51,034
7,891
[76]
8,050
567

20,459
5,805
5,348
469
285

20,459
5,805
5,348
469
285

28,491

100,491

996
4,500

53,436

274,782
16,052
51,034
7,815

909
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

84

85
87
88
89
91
92
93
94
95
96

97
98
100
101
102
103
104
105
106

107
108
109
110
111
112
113
114

115
116
185
117
118
120
121
122
124

125
126
127
128
129
130
131

Item
UFR: Procures additional Sentinal Radars ................................................................................
NIGHT VISION DEVICES ...................................................................................................................
New night vision testing devices ....................................................................................................
UFR: Accelerates fielding of the LTLM ........................................................................................
UFR: AN/PVS–14 Night Vision Goggles ......................................................................................
UFR: Enhanced Night Vision Goggles ..........................................................................................
UFR: Security Force Assistance Bde ............................................................................................
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............................................................
UFR: Procures Small Tactical Optical Rifle Mounted laser range finder ................................
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............................................................
UFR: IFPC/Avernger Battalions and Warn Suites ....................................................................
FAMILY OF WEAPON SIGHTS (FWS) ............................................................................................
ARTILLERY ACCURACY EQUIP ......................................................................................................
JOINT BATTLE COMMAND—PLATFORM (JBC-P) .....................................................................
UFR: Replenishes Joint Battle Command- Platform ..................................................................
JOINT EFFECTS TARGETING SYSTEM (JETS) ..........................................................................
MOD OF IN-SVC EQUIP (LLDR) ......................................................................................................
COMPUTER BALLISTICS: LHMBC XM32 ......................................................................................
MORTAR FIRE CONTROL SYSTEM ................................................................................................
UFR: Procures Mortar Fire Control systems (M95, M96) ..........................................................
COUNTERFIRE RADARS ...................................................................................................................
UFR: Procures AN/TPQ–53 Counterfire Target Acquisition Radar System ............................
ELECT EQUIP—TACTICAL C2 SYSTEMS
FIRE SUPPORT C2 FAMILY .............................................................................................................
UFR: Additional Advanced Field Artillery Tactical Data System (AFATDS) .......................
AIR & MSL DEFENSE PLANNING & CONTROL SYS .................................................................
UFR: Supports fielding (AMD) mission command assets to a Army Corps HQ .....................
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................................................................
NETWORK MANAGEMENT INITIALIZATION AND SERVICE ..................................................
MANEUVER CONTROL SYSTEM (MCS) .........................................................................................
UFR: Tactical Mission Command Equipment ............................................................................
GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ...........................................................
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ...................................................
RECONNAISSANCE AND SURVEYING INSTRUMENT SET ......................................................
UFR: Procures Engineer Instrument Set Field Reconnaissance and Survey Kits ..................
MOD OF IN-SVC EQUIPMENT (ENFIRE) ......................................................................................
UFR: Support Security Force Assistance Bde .............................................................................
ELECT EQUIP—AUTOMATION
ARMY TRAINING MODERNIZATION ..............................................................................................
AUTOMATED DATA PROCESSING EQUIP ...................................................................................
Accelerate commercial IT solutions ...............................................................................................
GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM ...................................................
HIGH PERF COMPUTING MOD PGM (HPCMP) ..........................................................................
CONTRACT WRITING SYSTEM ........................................................................................................
RESERVE COMPONENT AUTOMATION SYS (RCAS) .................................................................
ELECT EQUIP—AUDIO VISUAL SYS (A/V)
TACTICAL DIGITAL MEDIA .............................................................................................................
ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...............................................................
UFR: Accelerate procurement of Global Positioning System-Survey .........................................
UFR: Procures Automated Integrated Survey Instrument (AISI) systems ...............................
ELECT EQUIP—SUPPORT
PRODUCTION BASE SUPPORT (C-E) ............................................................................................
BCT EMERGING TECHNOLOGIES .................................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ..................................................................................................................
CHEMICAL DEFENSIVE EQUIPMENT
PROTECTIVE SYSTEMS ....................................................................................................................
FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ........................................................................
CBRN DEFENSE ..................................................................................................................................
BRIDGING EQUIPMENT
TACTICAL BRIDGING ........................................................................................................................
TACTICAL BRIDGE, FLOAT-RIBBON ............................................................................................
UFR: Procures Bridge Erection Boats .........................................................................................
COMMON BRIDGE TRANSPORTER (CBT) RECAP .....................................................................
UFR: Procure Common Bridge Transporters ..............................................................................
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ................................................
UFR: Procures hand held mine detectors .....................................................................................
GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ..........................................................
UFR: Equipment for 15th and 16th ABCT .................................................................................
AREA MINE DETECTION SYSTEM (AMDS) .................................................................................
HUSKY MOUNTED DETECTION SYSTEM (HMDS) ....................................................................
UFR: Procures Husky Mounted Detection System ......................................................................
ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ..........................................................................
UFR: Procures M160s ....................................................................................................................
EOD ROBOTICS SYSTEMS RECAPITALIZATION .......................................................................
UFR: Procures the Talon 5A robot ...............................................................................................
ROBOTICS AND APPLIQUE SYSTEMS ..........................................................................................

† HR 2810 PAP

FY 2018
Request

166,493

13,947
21,380
59,105
2,129
282,549
48,664
5,198
8,117
31,813
329,057

8,700
26,635
1,992
15,179
132,572
37,201
16,140
6,093
1,134

11,575
91,983
4,465
66,363
1,001
26,183

Senate
Authorized
[72,000]
231,498
[2,500]
[15,749]
[5,414]
[4,608]
[36,734]
16,097
[2,150]
598,663
[577,283]
59,105
2,129
402,971
[120,422]
48,664
5,198
8,117
52,513
[20,700]
393,257
[64,200]
13,458
[4,758]
123,613
[96,978]
1,992
15,179
137,391
[4,819]
37,201
16,140
25,848
[19,755]
2,593
[1,459]
11,575
76,983
[–15,000]
4,465
66,363
1,001
26,183

4,441
3,414

4,441
16,414
[3,000]
[10,000]

499
25,050

499
25,050

4,819

4,819

1,613
9,696
11,110

1,613
9,696
11,110

16,610
21,761

16,610
43,761
[22,000]
71,446
[50,400]

21,046

5,000
32,442
10,571
21,695
4,516
10,073
3,000

10,600
[5,600]
43,262
[10,820]
10,571
24,095
[2,400]
19,616
[15,100]
21,073
[11,000]
3,000

910
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

133

REMOTE DEMOLITION SYSTEMS ..................................................................................................
UFR: Procures Radio Frequency Remote Activated Munitions .................................................
< $5M, COUNTERMINE EQUIPMENT ............................................................................................
FAMILY OF BOATS AND MOTORS .................................................................................................
COMBAT SERVICE SUPPORT EQUIPMENT
HEATERS AND ECU’S .......................................................................................................................
UFR: Procures Improved Environmental Control Units ............................................................
SOLDIER ENHANCEMENT ...............................................................................................................
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ..............................................................
GROUND SOLDIER SYSTEM ............................................................................................................
UFR: Procures NETT Warrior .....................................................................................................
MOBILE SOLDIER POWER ..............................................................................................................
UFR: Procures ISPDS-C systems for a Security Forces Assistance Bde ..................................
FIELD FEEDING EQUIPMENT ........................................................................................................
UFR: BCT support equipment ......................................................................................................
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ................................................
FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS .......................................................
UFR: Engineering equipment .......................................................................................................
PETROLEUM EQUIPMENT
QUALITY SURVEILLANCE EQUIPMENT ......................................................................................
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................................................................
MEDICAL EQUIPMENT
COMBAT SUPPORT MEDICAL .........................................................................................................
MAINTENANCE EQUIPMENT
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................................................................
UFR: Shop equipment ...................................................................................................................
ITEMS LESS THAN $5.0M (MAINT EQ) .........................................................................................
UFR: Additional equipment for growing Army ..........................................................................
CONSTRUCTION EQUIPMENT
GRADER, ROAD MTZD, HVY, 6X4 (CCE) .......................................................................................
UFR: Procures 48 Graders for the 16th ABCT ............................................................................
SCRAPERS, EARTHMOVING ............................................................................................................
ALL TERRAIN CRANES .....................................................................................................................
UFR: Procures cranes to support bridging assets ........................................................................
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................................................................
UFR: Procures HMEE for the 16th ABCT ..................................................................................
ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP .........................................................
CONST EQUIP ESP .............................................................................................................................
UFR: Procures Engineer Mission Module—Water Distributors and 31 Vibratory Rollers .....
UFR: Procures T9 Dozers and Armor Kits ..................................................................................
ITEMS LESS THAN $5.0M (CONST EQUIP) .................................................................................
UFR: Procures 2 Vibratory Plate Compactors (VPC) for the 16th ABCT ................................
RAIL FLOAT CONTAINERIZATION EQUIPMENT
ARMY WATERCRAFT ESP ................................................................................................................
ITEMS LESS THAN $5.0M (FLOAT/RAIL) .....................................................................................
GENERATORS
GENERATORS AND ASSOCIATED EQUIP ....................................................................................
UFR: Additional equipment for growing Army ..........................................................................
TACTICAL ELECTRIC POWER RECAPITALIZATION ................................................................
MATERIAL HANDLING EQUIPMENT
FAMILY OF FORKLIFTS ....................................................................................................................
UFR: Procures additonal 5K LCRTF ..........................................................................................
TRAINING EQUIPMENT
COMBAT TRAINING CENTERS SUPPORT ....................................................................................
TRAINING DEVICES, NONSYSTEM ................................................................................................
CLOSE COMBAT TACTICAL TRAINER ..........................................................................................
AVIATION COMBINED ARMS TACTICAL TRAINER ...................................................................
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ...................................................
TEST MEASURE AND DIG EQUIPMENT (TMD)
CALIBRATION SETS EQUIPMENT .................................................................................................
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............................................................
TEST EQUIPMENT MODERNIZATION (TEMOD) .......................................................................
UFR: Test Equipment Modernization systems (TEMOD) ..........................................................
OTHER SUPPORT EQUIPMENT
M25 STABILIZED BINOCULAR .......................................................................................................
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............................................................
UFR: Support 10 initiatives per year ..........................................................................................
PHYSICAL SECURITY SYSTEMS (OPA3) ......................................................................................
BASE LEVEL COMMON EQUIPMENT ............................................................................................
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .....................................................................
UFR: Additional support equipment ............................................................................................
PRODUCTION BASE SUPPORT (OTH) ..........................................................................................
SPECIAL EQUIPMENT FOR USER TESTING ..............................................................................
TRACTOR YARD ...................................................................................................................................
INTELLIGENT REMOTE IMAGING SPECTOMETER—GROUND SYSTEM ...........................
UFR: Development of six focal plan arrays .................................................................................
FORCE PROVIDER EXPEDITIONARY ...........................................................................................
UFR: Procures Force Providers Battle-loss and components for RESET .................................

134
135
136
137
138
139
140
142
143
144

146
147
148
149
150

151
152
155
157
158
160

161

162
163
164
165
166

167
168
169
170
171
172
173
174

175
176
177
178
179
180
181
182
186
187

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

5,847
1,530
4,302
7,405
1,095
5,390
38,219
10,456
15,340
30,607
10,426

7,039
[1,192]
1,530
4,302
16,461
[9,056]
1,095
5,390
48,027
[9,808]
12,018
[1,562]
29,780
[14,440]
30,607
20,162
[9,736]

6,903
47,597

6,903
47,597

43,343

43,343

33,774

55,365
[21,591]
3,682
[954]

2,728

989
11,180
8,935
64,339
2,563
19,032

6,899

15,719
[14,730]
11,180
11,935
[3,000]
84,899
[20,560]
2,563
89,711
[7,000]
[63,679]
16,911
[10,012]

20,110
2,877

20,110
2,877

115,635

142,845
[27,210]
7,436

7,436
9,000

10,635
[1,635]

88,888
285,989
45,718
30,568
5,406

88,888
285,989
45,718
30,568
5,406

5,564
30,144
7,771

5,564
30,144
8,296
[525]

3,956
5,000

3,956
10,000
[5,000]
60,047
13,239
120,326
[60,134]
2,271
5,319
5,935
8,600
[8,600]
27,700
[27,700]

60,047
13,239
60,192
2,271
5,319
5,935
0
0

911
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
FY 2018
Request

Senate
Authorized

Line

Item

188

HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV .......................................................
UFR: Procures HEMTTS ..............................................................................................................
FIRE PROTECTION TYPE I ..........................................................................................................
UFR: Procures Fire Protection Type 1 sets .................................................................................
OPA2
INITIAL SPARES—C&E .....................................................................................................................
Early to need ..................................................................................................................................
TOTAL OTHER PROCUREMENT, ARMY ...........................................................................

6,469,331

14,329
[–23,940]
7,960,663

JOINT IMPROVISED-THREAT DEFEAT FUND
NETWORK ATTACK
RAPID ACQUISITION AND THREAT RESPONSE .......................................................................
TOTAL JOINT IMPROVISED-THREAT DEFEAT FUND ............................................

14,442
14,442

14,442
14,442

1,200,146

1,939,146
[739,000]
52,971
1,382,324
[800,000]
263,112
2,923,739
[525,600]
413,450
847,805
[280,200]
147,046
1,239,868
[–10,000]
[180,464]
[392,000]
27,422
898,929
[220,500]
42,082
2,256,251
[1,011,000]
140,333
733,910
102,026

189

184

1

2
3
4
5
6
7
8
9
10

11
12
13
16
17
18
19
22
23
24
25
26
27
27
71

30
31
32
33

34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51

AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
F/A–18E/F (FIGHTER) HORNET .....................................................................................................
UFR: Additional F/A–18 E/F Super Hornets .............................................................................
F/A–18E/F (FIGHTER) HORNET (AP) ............................................................................................
JOINT STRIKE FIGHTER CV ...........................................................................................................
UFR: Additional F–35C ................................................................................................................
JOINT STRIKE FIGHTER CV (AP) .................................................................................................
JSF STOVL ............................................................................................................................................
UFR: Additional F–35B ................................................................................................................
JSF STOVL (AP) ...................................................................................................................................
CH–53K (HEAVY LIFT) ......................................................................................................................
UFR: Additional CH–53K ............................................................................................................
CH–53K (HEAVY LIFT) (AP) .............................................................................................................
V–22 (MEDIUM LIFT) .........................................................................................................................
Multi-year savings ..........................................................................................................................
UFR: Additional MV–22/V–22 ......................................................................................................
UFR: Additional MV–22B .............................................................................................................
V–22 (MEDIUM LIFT) (AP) ................................................................................................................
H–1 UPGRADES (UH–1Y/AH–1Z) ....................................................................................................
UFR: Additional AH–1Z ...............................................................................................................
H–1 UPGRADES (UH–1Y/AH–1Z) (AP) ..........................................................................................
P–8A POSEIDON ..................................................................................................................................
UFR: Additional P–8A Poseidon ..................................................................................................
P–8A POSEIDON (AP) .........................................................................................................................
E–2D ADV HAWKEYE .........................................................................................................................
E–2D ADV HAWKEYE (AP) ...............................................................................................................
OTHER AIRCRAFT
KC–130J ..................................................................................................................................................
UFR: Additional KC–130J ............................................................................................................
KC–130J (AP) ........................................................................................................................................
MQ–4 TRITON .......................................................................................................................................
MQ–4 TRITON (AP) .............................................................................................................................
MQ–8 UAV ..............................................................................................................................................
OTHER SUPPORT AIRCRAFT ..........................................................................................................
STUASL0 UAV .......................................................................................................................................
UFR: Procure additional aircraft .................................................................................................
C–40A AIRCRAFT PROCUREMENT .................................................................................................
UFR: Procure additional aircraft .................................................................................................
MODIFICATION OF AIRCRAFT
AEA SYSTEMS ......................................................................................................................................
AV–8 SERIES ........................................................................................................................................
ADVERSARY ..........................................................................................................................................
F–18 SERIES .........................................................................................................................................
UFR: ALQ–214 USMC Retrofit ....................................................................................................
UFR: ALR–67 Retrofit A-KITS and Partial B-Kits ..................................................................
H–53 SERIES ........................................................................................................................................
SH–60 SERIES .....................................................................................................................................
H–1 SERIES ..........................................................................................................................................
EP–3 SERIES ........................................................................................................................................
P–3 SERIES ...........................................................................................................................................
E–2 SERIES ..........................................................................................................................................
TRAINER A/C SERIES .......................................................................................................................
C–2A ........................................................................................................................................................
C–130 SERIES .......................................................................................................................................
FEWSG ....................................................................................................................................................
CARGO/TRANSPORT A/C SERIES ...................................................................................................
E–6 SERIES ..........................................................................................................................................
EXECUTIVE HELICOPTERS SERIES ............................................................................................
SPECIAL PROJECT AIRCRAFT .......................................................................................................
T–45 SERIES .........................................................................................................................................
POWER PLANT CHANGES ................................................................................................................
JPATS SERIES .....................................................................................................................................
COMMON ECM EQUIPMENT ............................................................................................................

† HR 2810 PAP

0
0

38,269

52,971
582,324
263,112
2,398,139
413,450
567,605
147,046
677,404

27,422
678,429
42,082
1,245,251
140,333
733,910
102,026
129,577
25,497
522,126
57,266
49,472
0
880
0

52,960
43,555
2,565
1,043,661

38,712
95,333
101,886
7,231
700
97,563
8,184
18,673
83,541
630
10,075
223,508
38,787
8,304
148,071
19,827
27,007
146,642

132,250
[132,250]
54
[54]

472,277
[342,700]
25,497
522,126
57,266
49,472
59,200
880
[59,200]
215,000
[215,000]
52,960
43,555
2,565
1,124,761
[65,100]
[16,000]
38,712
95,333
101,886
7,231
700
97,563
8,184
18,673
83,541
630
10,075
223,508
38,787
8,304
148,071
19,827
27,007
146,642

912
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

52
53
54
55
56
57
59
60
61
62
63

COMMON AVIONICS CHANGES .......................................................................................................
COMMON DEFENSIVE WEAPON SYSTEM ....................................................................................
ID SYSTEMS .........................................................................................................................................
P–8 SERIES ...........................................................................................................................................
MAGTF EW FOR AVIATION ..............................................................................................................
MQ–8 SERIES .......................................................................................................................................
V–22 (TILT/ROTOR ACFT) OSPREY ................................................................................................
F–35 STOVL SERIES ..........................................................................................................................
F–35 CV SERIES ..................................................................................................................................
QRC .........................................................................................................................................................
MQ–4 SERIES .......................................................................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
UFR: C–40A Spares .......................................................................................................................
UFR: CH–53K Spares ...................................................................................................................
UFR: F–35B Spares ......................................................................................................................
UFR: Fund to max executable .......................................................................................................
UFR: KC–130J Spares ..................................................................................................................
UFR: UC–12W Spares ...................................................................................................................
AIRCRAFT SUPPORT EQUIP & FACILITIES
COMMON GROUND EQUIPMENT ....................................................................................................
UFR: F/A–18C/D Training Systems ............................................................................................
AIRCRAFT INDUSTRIAL FACILITIES ...........................................................................................
WAR CONSUMABLES .........................................................................................................................
OTHER PRODUCTION CHARGES ...................................................................................................
SPECIAL SUPPORT EQUIPMENT ...................................................................................................
FIRST DESTINATION TRANSPORTATION ...................................................................................
TOTAL AIRCRAFT PROCUREMENT, NAVY ....................................................................

64

65
66
67
68
69
70

1
2
3
4
5
6
7
8
9
10
13
14
15
16
17
19
20
21
22
23
25
26
27
28
29
30
31
32
33
34
35
36

WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
TRIDENT II MODS ..............................................................................................................................
SUPPORT EQUIPMENT & FACILITIES
MISSILE INDUSTRIAL FACILITIES ..............................................................................................
STRATEGIC MISSILES
TOMAHAWK ..........................................................................................................................................
TACTICAL MISSILES
AMRAAM ................................................................................................................................................
UFR: Munitions Wholeness ............................................................................................................
SIDEWINDER .......................................................................................................................................
JSOW .......................................................................................................................................................
STANDARD MISSILE ..........................................................................................................................
SMALL DIAMETER BOMB II ............................................................................................................
RAM .........................................................................................................................................................
UFR: Additional RAM BLK II ....................................................................................................
JOINT AIR GROUND MISSILE (JAGM) .........................................................................................
STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........................................................
UFR: AGM–176A Griffin Missile Qualifications ........................................................................
AERIAL TARGETS ...............................................................................................................................
OTHER MISSILE SUPPORT .............................................................................................................
LRASM ....................................................................................................................................................
MODIFICATION OF MISSILES
ESSM .......................................................................................................................................................
HARPOON MODS .................................................................................................................................
HARM MODS .........................................................................................................................................
STANDARD MISSILES MODS ..........................................................................................................
SUPPORT EQUIPMENT & FACILITIES
WEAPONS INDUSTRIAL FACILITIES ...........................................................................................
FLEET SATELLITE COMM FOLLOW-ON ......................................................................................
ORDNANCE SUPPORT EQUIPMENT
ORDNANCE SUPPORT EQUIPMENT ..............................................................................................
TORPEDOES AND RELATED EQUIP
SSTD .......................................................................................................................................................
MK–48 TORPEDO .................................................................................................................................
ASW TARGETS .....................................................................................................................................
MOD OF TORPEDOES AND RELATED EQUIP
MK–54 TORPEDO MODS ....................................................................................................................
MK–48 TORPEDO ADCAP MODS .....................................................................................................
QUICKSTRIKE MINE ..........................................................................................................................
SUPPORT EQUIPMENT
TORPEDO SUPPORT EQUIPMENT ................................................................................................
ASW RANGE SUPPORT ......................................................................................................................
DESTINATION TRANSPORTATION
FIRST DESTINATION TRANSPORTATION ...................................................................................
GUNS AND GUN MOUNTS
SMALL ARMS AND WEAPONS .........................................................................................................
MODIFICATION OF GUNS AND GUN MOUNTS
CIWS MODS ...........................................................................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

123,507
2,317
49,524
18,665
10,111
32,361
228,321
34,963
31,689
24,766
39,996

123,507
2,317
49,524
18,665
10,111
32,361
228,321
34,963
31,689
24,766
39,996

1,681,914

1,981,658
[12,600]
[7,500]
[91,000]
[168,000]
[12,844]
[7,800]

388,052
24,613
39,614
1,463
48,500
1,976
15,056,235

405,552
[17,500]
24,613
39,614
1,463
48,500
1,976
20,210,243

1,143,595

1,143,595

7,086

7,086

134,375

134,375

197,109

124,757
3,420
74,733

209,109
[12,000]
79,692
5,487
510,875
20,968
106,587
[48,000]
3,789
12,522
[9,400]
124,757
3,420
74,733

74,524
17,300
183,368
11,729

74,524
17,300
183,368
11,729

4,021
46,357

4,021
46,357

47,159

47,159

5,240
44,771
12,399

5,240
44,771
12,399

104,044
38,954
10,337

104,044
38,954
10,337

70,383
3,864

70,383
3,864

3,961

3,961

11,332

11,332

72,698

72,698

79,692
5,487
510,875
20,968
58,587
3,789
3,122

913
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

37
38
39
40
41

COAST GUARD WEAPONS ................................................................................................................
GUN MOUNT MODS ............................................................................................................................
LCS MODULE WEAPONS ..................................................................................................................
CRUISER MODERNIZATION WEAPONS .......................................................................................
AIRBORNE MINE NEUTRALIZATION SYSTEMS ........................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
TOTAL WEAPONS PROCUREMENT, NAVY .....................................................................

43

1
2
3
4
5
6
7
8
10
11
12
13
14
16
20

23
24
29
32
33
34

1
2
4
5

6
7
8
9

10
11

12
15
18
19
20
23
24
25

26
29

PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
GENERAL PURPOSE BOMBS ...........................................................................................................
JDAM .......................................................................................................................................................
AIRBORNE ROCKETS, ALL TYPES ................................................................................................
MACHINE GUN AMMUNITION .........................................................................................................
PRACTICE BOMBS ..............................................................................................................................
CARTRIDGES & CART ACTUATED DEVICES .............................................................................
AIR EXPENDABLE COUNTERMEASURES ...................................................................................
JATOS .....................................................................................................................................................
5 INCH/54 GUN AMMUNITION .........................................................................................................
INTERMEDIATE CALIBER GUN AMMUNITION .........................................................................
OTHER SHIP GUN AMMUNITION ..................................................................................................
SMALL ARMS & LANDING PARTY AMMO ....................................................................................
PYROTECHNIC AND DEMOLITION ................................................................................................
AMMUNITION LESS THAN $5 MILLION .......................................................................................
MARINE CORPS AMMUNITION
MORTARS ..............................................................................................................................................
UFR: Additional 60mm Full Range Practice Rounds ................................................................
UFR: Additional 81mm Full Range Practice Rounds ................................................................
DIRECT SUPPORT MUNITIONS ......................................................................................................
INFANTRY WEAPONS AMMUNITION .............................................................................................
COMBAT SUPPORT MUNITIONS .....................................................................................................
AMMO MODERNIZATION ..................................................................................................................
ARTILLERY MUNITIONS ..................................................................................................................
UFR: Additional training rounds .................................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
TOTAL PROCUREMENT OF AMMO, NAVY & MC ........................................................
SHIPBUILDING AND CONVERSION, NAVY
FLEET BALLISTIC MISSILE SHIPS
OHIO REPLACEMENT SUBMARINE (AP) .....................................................................................
OTHER WARSHIPS
CARRIER REPLACEMENT PROGRAM ...........................................................................................
Unjustified cost growth ..................................................................................................................
VIRGINIA CLASS SUBMARINE ........................................................................................................
VIRGINIA CLASS SUBMARINE (AP) ..............................................................................................
3rd FY20 SSN or SIB expansion .................................................................................................
Additional EOQ funding Blk V MYP ...........................................................................................
NSBDF Savings .............................................................................................................................
CVN REFUELING OVERHAULS .......................................................................................................
CVN REFUELING OVERHAULS (AP) .............................................................................................
DDG 1000 ................................................................................................................................................
Unjustified cost growth ..................................................................................................................
DDG–51 ...................................................................................................................................................
Available prior year funds .............................................................................................................
Procure 1 additional DDG–51 ......................................................................................................
UFR: SSEE Inc F for DDG .........................................................................................................
DDG–51 (AP) .........................................................................................................................................
EOQ for FY18–22 MYP contract ..................................................................................................
LITTORAL COMBAT SHIP ................................................................................................................
Unit price adjustment ....................................................................................................................
AMPHIBIOUS SHIPS
LX(R) OR LPD–30 ................................................................................................................................
Incremental funding for LX(R) or LPD–30 ................................................................................
LHA REPLACEMENT ..........................................................................................................................
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST
TAO FLEET OILER .............................................................................................................................
TAO FLEET OILER (AP) ...................................................................................................................
TOWING, SALVAGE, AND RESCUE SHIP (ATS) .........................................................................
LCU 1700 ................................................................................................................................................
OUTFITTING .........................................................................................................................................
Post-delivery funds early to need ..................................................................................................
SHIP TO SHORE CONNECTOR ........................................................................................................
Quantity unit price adjustment ....................................................................................................
UFR: 5 additional Ship-to-Shore Connector ...............................................................................
SERVICE CRAFT ..................................................................................................................................
UFR: Berthing barge ......................................................................................................................
COMPLETION OF PY SHIPBUILDING PROGRAMS ...................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

38,931
76,025
13,110
34,825
16,925

38,931
76,025
13,110
34,825
16,925

110,255
3,420,107

110,255
3,489,507

34,882
57,343
79,318
14,112
47,027
57,718
65,908
2,895
22,112
12,804
41,594
49,401
9,495
3,080

34,882
57,343
79,318
14,112
47,027
57,718
65,908
2,895
22,112
12,804
41,594
49,401
9,495
3,080

24,118

5,960
792,345

49,618
[11,000]
[14,500]
64,045
91,456
11,788
17,862
96,427
[17,000]
5,960
834,845

842,853

842,853

4,441,772

4,141,772
[–300,000]
3,305,315
3,093,596
[450,000]
[750,000]
[–27,000]
1,604,890
75,897
173,968
[–50,000]
5,058,079
[–225,000]
[1,750,000]
[34,000]
390,336
[300,000]
596,146
[–40,000]

64,045
91,456
11,788
17,862
79,427

3,305,315
1,920,596

1,604,890
75,897
223,968
3,499,079

90,336
636,146

0
1,710,927
465,988
75,068
76,204
31,850
548,703
212,554

23,994
117,542

1,000,000
[1,000,000]
1,710,927
465,988
75,068
76,204
31,850
510,503
[–38,200]
509,554
[–15,000]
[312,000]
62,994
[39,000]
117,542

914
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

30

ESB ..........................................................................................................................................................
Procure additional ESB ................................................................................................................
CABLE SHIP .........................................................................................................................................
Procure cable ship ...........................................................................................................................
TOTAL SHIPBUILDING AND CONVERSION, NAVY ...................................................

32

3
4

5
6
8
9
10
11
12
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29
30
31
32
34
36
37

39
40

42
43
44
46
47
49
50
51
52

54
55
56
58
60

OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
SURFACE POWER EQUIPMENT .....................................................................................................
HYBRID ELECTRIC DRIVE (HED) .................................................................................................
Unjustified cost growth ..................................................................................................................
GENERATORS
SURFACE COMBATANT HM&E .......................................................................................................
NAVIGATION EQUIPMENT
OTHER NAVIGATION EQUIPMENT ................................................................................................
OTHER SHIPBOARD EQUIPMENT
SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG .............................................................
UFR: 3 Submarine Warfare Federated Tactical Systems ..........................................................
DDG MOD ...............................................................................................................................................
FIREFIGHTING EQUIPMENT ..........................................................................................................
COMMAND AND CONTROL SWITCHBOARD ................................................................................
LHA/LHD MIDLIFE ............................................................................................................................
POLLUTION CONTROL EQUIPMENT ............................................................................................
SUBMARINE SUPPORT EQUIPMENT ............................................................................................
VIRGINIA CLASS SUPPORT EQUIPMENT ...................................................................................
LCS CLASS SUPPORT EQUIPMENT ..............................................................................................
Procurement ahead of need ............................................................................................................
SUBMARINE BATTERIES .................................................................................................................
LPD CLASS SUPPORT EQUIPMENT ..............................................................................................
STRATEGIC PLATFORM SUPPORT EQUIP .................................................................................
DSSP EQUIPMENT ..............................................................................................................................
CG MODERNIZATION .........................................................................................................................
LCAC .......................................................................................................................................................
UNDERWATER EOD PROGRAMS ...................................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
CHEMICAL WARFARE DETECTORS ..............................................................................................
SUBMARINE LIFE SUPPORT SYSTEM .........................................................................................
REACTOR PLANT EQUIPMENT
REACTOR POWER UNITS .................................................................................................................
REACTOR COMPONENTS ..................................................................................................................
OCEAN ENGINEERING
DIVING AND SALVAGE EQUIPMENT ............................................................................................
SMALL BOATS
STANDARD BOATS .............................................................................................................................
PRODUCTION FACILITIES EQUIPMENT
OPERATING FORCES IPE ................................................................................................................
OTHER SHIP SUPPORT
LCS COMMON MISSION MODULES EQUIPMENT ......................................................................
LCS MCM MISSION MODULES ........................................................................................................
Procurement ahead of need ............................................................................................................
UFR: Additional MCM USV .........................................................................................................
LCS SUW MISSION MODULES ........................................................................................................
LCS IN-SERVICE MODERNIZATION ..............................................................................................
UFR: LCS modernization for increased lethatlity ......................................................................
LOGISTIC SUPPORT
LSD MIDLIFE & MODERNIZATION ...............................................................................................
SHIP SONARS
SPQ–9B RADAR ....................................................................................................................................
AN/SQQ–89 SURF ASW COMBAT SYSTEM ....................................................................................
SSN ACOUSTIC EQUIPMENT ...........................................................................................................
UFR: 3 Submarine Warfare Federated Tactical Systems ..........................................................
UNDERSEA WARFARE SUPPORT EQUIPMENT ........................................................................
ASW ELECTRONIC EQUIPMENT
SUBMARINE ACOUSTIC WARFARE SYSTEM .............................................................................
SSTD .......................................................................................................................................................
FIXED SURVEILLANCE SYSTEM ...................................................................................................
SURTASS ...............................................................................................................................................
UFR: 1 Additional .........................................................................................................................
ELECTRONIC WARFARE EQUIPMENT
AN/SLQ–32 .............................................................................................................................................
RECONNAISSANCE EQUIPMENT
SHIPBOARD IW EXPLOIT ................................................................................................................
UFR: 3 SSEE Increment F and Paragon/Graywing .................................................................
AUTOMATED IDENTIFICATION SYSTEM (AIS) .........................................................................
OTHER SHIP ELECTRONIC EQUIPMENT
COOPERATIVE ENGAGEMENT CAPABILITY ..............................................................................
UFR: CEC IFF Mode 5 Acceleration ...........................................................................................
NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized
0
0

19,903,682

661,000
[661,000]
250,000
[250,000]
24,754,482

41,910
6,331

41,910
0
[–6,331]

27,392

27,392

65,943

65,943

151,240

17,594
61,908
15,812
4,178
306,050
5,507
55,922
96,909
3,036
10,364

180,240
[29,000]
603,355
15,887
2,240
30,287
17,293
27,990
46,610
5,355
[–42,600]
17,594
61,908
15,812
4,178
306,050
5,507
55,922
96,909
3,036
10,364

324,925
534,468

324,925
534,468

10,619

10,619

46,094

46,094

191,541

191,541

34,666
55,870

34,666
84,770
[–5,100]
[34,000]
52,960
158,426
[84,000]

603,355
15,887
2,240
30,287
17,293
27,990
46,610
47,955

52,960
74,426

89,536

89,536

30,086
102,222
287,553

30,086
102,222
314,553
[27,000]
13,653

13,653
21,449
12,867
300,102
30,180

21,449
12,867
300,102
40,180
[10,000]

240,433

240,433

187,007

227,007
[40,000]
510

510
23,892
10,741

27,892
[4,000]
10,741

915
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

61
62
63
64
65
66
67

ATDLS ....................................................................................................................................................
NAVY COMMAND AND CONTROL SYSTEM (NCCS) ....................................................................
MINESWEEPING SYSTEM REPLACEMENT .................................................................................
SHALLOW WATER MCM ....................................................................................................................
NAVSTAR GPS RECEIVERS (SPACE) ............................................................................................
AMERICAN FORCES RADIO AND TV SERVICE ..........................................................................
STRATEGIC PLATFORM SUPPORT EQUIP .................................................................................
AVIATION ELECTRONIC EQUIPMENT
ASHORE ATC EQUIPMENT ..............................................................................................................
AFLOAT ATC EQUIPMENT ...............................................................................................................
ID SYSTEMS .........................................................................................................................................
NAVAL MISSION PLANNING SYSTEMS .........................................................................................
UFR: Munitions Wholeness ............................................................................................................
OTHER SHORE ELECTRONIC EQUIPMENT
TACTICAL/MOBILE C4I SYSTEMS ..................................................................................................
DCGS-N ...................................................................................................................................................
CANES ....................................................................................................................................................
RADIAC ..................................................................................................................................................
CANES-INTELL ....................................................................................................................................
GPETE ....................................................................................................................................................
MASF .......................................................................................................................................................
INTEG COMBAT SYSTEM TEST FACILITY ..................................................................................
EMI CONTROL INSTRUMENTATION .............................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
SHIPBOARD COMMUNICATIONS
SHIPBOARD TACTICAL COMMUNICATIONS ...............................................................................
SHIP COMMUNICATIONS AUTOMATION ......................................................................................
COMMUNICATIONS ITEMS UNDER $5M ......................................................................................
SUBMARINE COMMUNICATIONS
SUBMARINE BROADCAST SUPPORT ............................................................................................
SUBMARINE COMMUNICATION EQUIPMENT ............................................................................
SATELLITE COMMUNICATIONS
SATELLITE COMMUNICATIONS SYSTEMS .................................................................................
NAVY MULTIBAND TERMINAL (NMT) ...........................................................................................
SHORE COMMUNICATIONS
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........................................................
CRYPTOGRAPHIC EQUIPMENT
INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................................................................
UFR: Crypto modernization ..........................................................................................................
MIO INTEL EXPLOITATION TEAM ................................................................................................
CRYPTOLOGIC EQUIPMENT
CRYPTOLOGIC COMMUNICATIONS EQUIP .................................................................................
OTHER ELECTRONIC SUPPORT
COAST GUARD EQUIPMENT ...........................................................................................................
SONOBUOYS
SONOBUOYS—ALL TYPES ...............................................................................................................
AIRCRAFT SUPPORT EQUIPMENT
WEAPONS RANGE SUPPORT EQUIPMENT .................................................................................
AIRCRAFT SUPPORT EQUIPMENT ................................................................................................
ADVANCED ARRESTING GEAR (AAG) ...........................................................................................
METEOROLOGICAL EQUIPMENT ...................................................................................................
DCRS/DPL ..............................................................................................................................................
AIRBORNE MINE COUNTERMEASURES ......................................................................................
AVIATION SUPPORT EQUIPMENT .................................................................................................
SHIP GUN SYSTEM EQUIPMENT
SHIP GUN SYSTEMS EQUIPMENT ................................................................................................
SHIP MISSILE SYSTEMS EQUIPMENT
SHIP MISSILE SUPPORT EQUIPMENT ........................................................................................
TOMAHAWK SUPPORT EQUIPMENT ............................................................................................
FBM SUPPORT EQUIPMENT
STRATEGIC MISSILE SYSTEMS EQUIP .......................................................................................
ASW SUPPORT EQUIPMENT
SSN COMBAT CONTROL SYSTEMS ................................................................................................
UFR: 3 Submarine Warfare Federated Tactical Systems ..........................................................
ASW SUPPORT EQUIPMENT ...........................................................................................................
OTHER ORDNANCE SUPPORT EQUIPMENT
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
OTHER EXPENDABLE ORDNANCE
SUBMARINE TRAINING DEVICE MODS .......................................................................................
SURFACE TRAINING EQUIPMENT ................................................................................................
CIVIL ENGINEERING SUPPORT EQUIPMENT
PASSENGER CARRYING VEHICLES ..............................................................................................
GENERAL PURPOSE TRUCKS ........................................................................................................
CONSTRUCTION & MAINTENANCE EQUIP .................................................................................
FIRE FIGHTING EQUIPMENT .........................................................................................................
TACTICAL VEHICLES ........................................................................................................................
AMPHIBIOUS EQUIPMENT ..............................................................................................................

70
71
77
78

80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
99
100
101
110
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
130
131
132
133
134
135
136

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

38,016
4,512
31,531
8,796
15,923
2,730
6,889

38,016
4,512
31,531
8,796
15,923
2,730
6,889

71,882
44,611
21,239
11,976

71,882
44,611
21,239
12,976
[1,000]

32,425
13,790
322,754
10,718
48,028
6,861
8,081
5,019
4,188
105,292

32,425
13,790
322,754
10,718
48,028
6,861
8,081
5,019
4,188
105,292

23,695
103,990
18,577

23,695
103,990
18,577

29,669
86,204

29,669
86,204

14,654
69,764

14,654
69,764

4,256

4,256

89,663
961

101,663
[12,000]
961

11,287

11,287

36,584

36,584

173,616

173,616

72,110
108,482
10,900
21,137
660
20,605
34,032

72,110
108,482
10,900
21,137
660
20,605
34,032

5,277

5,277

272,359
73,184

272,359
73,184

246,221

246,221

129,972
23,209

149,972
[20,000]
23,209

15,596
5,981

15,596
5,981

74,550
83,022

74,550
83,022

5,299
2,946
34,970
2,541
19,699
12,162

5,299
2,946
34,970
2,541
19,699
12,162

916
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

137
138
139

POLLUTION CONTROL EQUIPMENT ............................................................................................
ITEMS UNDER $5 MILLION .............................................................................................................
PHYSICAL SECURITY VEHICLES ..................................................................................................
SUPPLY SUPPORT EQUIPMENT
SUPPLY EQUIPMENT ........................................................................................................................
FIRST DESTINATION TRANSPORTATION ...................................................................................
SPECIAL PURPOSE SUPPLY SYSTEMS .......................................................................................
TRAINING DEVICES
TRAINING AND EDUCATION EQUIPMENT ..................................................................................
COMMAND SUPPORT EQUIPMENT
COMMAND SUPPORT EQUIPMENT ................................................................................................
Consolidate requirements Navy Enterprise Resource Planning .................................................
Consolidate requirements Navy ePS .............................................................................................
MEDICAL SUPPORT EQUIPMENT .................................................................................................
NAVAL MIP SUPPORT EQUIPMENT ..............................................................................................
OPERATING FORCES SUPPORT EQUIPMENT ...........................................................................
C4ISR EQUIPMENT .............................................................................................................................
ENVIRONMENTAL SUPPORT EQUIPMENT .................................................................................
PHYSICAL SECURITY EQUIPMENT ..............................................................................................
UFR: Port Security Barriers for Ship Repair Facilities ...........................................................
ENTERPRISE INFORMATION TECHNOLOGY .............................................................................
OTHER
NEXT GENERATION ENTERPRISE SERVICE .............................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ..................................................................................................................
Classified Project 0428 ...................................................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
TOTAL OTHER PROCUREMENT, NAVY ...........................................................................

141
143
144
146
147

149
151
152
153
154
155
156
160
162

161

1
2
3
4
5
6
7
8
10
11
12
13
16
17
20
21
22
23
24
25
26
27
29
30
31
35
36
37
38
39
40
41

PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
AAV7A1 PIP ...........................................................................................................................................
AMPHIBIOUS COMBAT VEHICLE 1.1 ............................................................................................
LAV PIP ..................................................................................................................................................
ARTILLERY AND OTHER WEAPONS
EXPEDITIONARY FIRE SUPPORT SYSTEM ................................................................................
155MM LIGHTWEIGHT TOWED HOWITZER ...............................................................................
HIGH MOBILITY ARTILLERY ROCKET SYSTEM ......................................................................
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .....................................................
OTHER SUPPORT
MODIFICATION KITS .........................................................................................................................
GUIDED MISSILES
GROUND BASED AIR DEFENSE ....................................................................................................
JAVELIN .................................................................................................................................................
FOLLOW ON TO SMAW ......................................................................................................................
ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ...............................................................
COMMAND AND CONTROL SYSTEMS
COMMON AVIATION COMMAND AND CONTROL SYSTEM (C .................................................
REPAIR AND TEST EQUIPMENT
REPAIR AND TEST EQUIPMENT ...................................................................................................
COMMAND AND CONTROL SYSTEM (NON-TEL)
ITEMS UNDER $5 MILLION (COMM & ELEC) ............................................................................
UFR: Night Optics for Sniper Rifle .............................................................................................
AIR OPERATIONS C2 SYSTEMS ......................................................................................................
RADAR + EQUIPMENT (NON-TEL)
RADAR SYSTEMS ................................................................................................................................
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................................................................
RQ–21 UAS .............................................................................................................................................
INTELL/COMM EQUIPMENT (NON-TEL)
GCSS-MC ................................................................................................................................................
FIRE SUPPORT SYSTEM ..................................................................................................................
INTELLIGENCE SUPPORT EQUIPMENT .....................................................................................
UFR: CI and HUMINT Equipment Program .............................................................................
UNMANNED AIR SYSTEMS (INTEL) ..............................................................................................
UFR: Long Endurance Small UAS ..............................................................................................
DCGS-MC ................................................................................................................................................
UAS PAYLOADS ...................................................................................................................................
OTHER SUPPORT (NON-TEL)
NEXT GENERATION ENTERPRISE NETWORK (NGEN) ...........................................................
COMMON COMPUTER RESOURCES ..............................................................................................
UFR: Full Spectrum Cyber Operations DMSS ...........................................................................
COMMAND POST SYSTEMS ..............................................................................................................
RADIO SYSTEMS .................................................................................................................................
COMM SWITCHING & CONTROL SYSTEMS .................................................................................
COMM & ELEC INFRASTRUCTURE SUPPORT ...........................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ..................................................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

2,748
18,084
1,170

2,748
18,084
1,170

21,797
5,572
482,916

21,797
5,572
482,916

25,624

25,624

59,076

19,789

51,176
[–4,200]
[–3,700]
4,383
2,030
7,500
4,010
23,644
120,982
[19,000]
19,789

104,584

104,584

23,707

1,023,707
[1,000,000]

278,565
8,277,789

278,565
9,495,858

107,665
161,511
17,244

107,665
161,511
17,244

626
20,259
59,943
19,616

626
20,259
59,943
19,616

17,778

17,778

9,432
41,159
25,125
51,553

9,432
41,159
25,125
51,553

44,928

44,928

33,056

33,056

17,644
18,393

37,844
[20,200]
18,393

12,411
139,167
77,841

12,411
139,167
77,841

1,990
22,260
55,759

1,990
22,260
65,879
[10,120]
23,654
[13,500]
13,462
14,193

4,383
2,030
7,500
4,010
23,644
101,982

10,154
13,462
14,193
98,511
66,894
186,912
34,361
54,615
44,455

98,511
73,998
[7,104]
186,912
34,361
54,615
44,455

4,214

4,214

917
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

42
43
44
45
46
48
50
51
52
53
54
56
58
59
60
62

1
2
2a

3

4

6
8

9
12
14
17
17a

18
19
20
21
22
23
24
25
26
27
28
30
31
32
33
34
35
36
37

Item
ADMINISTRATIVE VEHICLES
COMMERCIAL CARGO VEHICLES ..................................................................................................
TACTICAL VEHICLES
MOTOR TRANSPORT MODIFICATIONS ........................................................................................
JOINT LIGHT TACTICAL VEHICLE ...............................................................................................
FAMILY OF TACTICAL TRAILERS .................................................................................................
TRAILERS .............................................................................................................................................
ENGINEER AND OTHER EQUIPMENT
ENVIRONMENTAL CONTROL EQUIP ASSORT ...........................................................................
TACTICAL FUEL SYSTEMS ..............................................................................................................
POWER EQUIPMENT ASSORTED ...................................................................................................
AMPHIBIOUS SUPPORT EQUIPMENT ..........................................................................................
EOD SYSTEMS .....................................................................................................................................
MATERIALS HANDLING EQUIPMENT
PHYSICAL SECURITY EQUIPMENT ..............................................................................................
GENERAL PROPERTY
TRAINING DEVICES ...........................................................................................................................
UFR: ITESS-II Force on Force Training System ......................................................................
FAMILY OF CONSTRUCTION EQUIPMENT ..................................................................................
FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ........................................................
OTHER SUPPORT
ITEMS LESS THAN $5 MILLION .....................................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
TOTAL PROCUREMENT, MARINE CORPS ......................................................................
AIRCRAFT PROCUREMENT, AIR FORCE
TACTICAL FORCES
F–35 .........................................................................................................................................................
UFR: Procure additional F–35As .................................................................................................
F–35 (AP) ................................................................................................................................................
O/A-X LIGHT ATTACK FIGHTER ....................................................................................................
O/A-X Light Attack Fighter ...........................................................................................................
TACTICAL AIRLIFT
KC–46A TANKER ..................................................................................................................................
UFR: Procure KC–46 .....................................................................................................................
OTHER AIRLIFT
C–130J .....................................................................................................................................................
Technical adjustments ....................................................................................................................
UFR: C–130J simulators ...............................................................................................................
HC–130J ..................................................................................................................................................
UFR: Procures HC–130s ...............................................................................................................
MC–130J ..................................................................................................................................................
UFR: Procure MC–130J WST ......................................................................................................
UFR: Procures MC–130s ...............................................................................................................
MC–130J (AP) ........................................................................................................................................
MISSION SUPPORT AIRCRAFT
CIVIL AIR PATROL A/C .....................................................................................................................
OTHER AIRCRAFT
TARGET DRONES ...............................................................................................................................
MQ–9 ........................................................................................................................................................
COMPASS CALL ...................................................................................................................................
Technical adjustment ......................................................................................................................
STRATEGIC AIRCRAFT
B–2A ........................................................................................................................................................
B–1B ........................................................................................................................................................
Excess funding ................................................................................................................................
B–52 .........................................................................................................................................................
LARGE AIRCRAFT INFRARED COUNTERMEASURES .............................................................
TACTICAL AIRCRAFT
A–10 .........................................................................................................................................................
UFR: A–10 Wings ..........................................................................................................................
F–15 .........................................................................................................................................................
F–16 .........................................................................................................................................................
F–22A ......................................................................................................................................................
F–22A (AP) .............................................................................................................................................
F–35 MODIFICATIONS .......................................................................................................................
INCREMENT 3.2B ................................................................................................................................
KC–46A TANKER ..................................................................................................................................
AIRLIFT AIRCRAFT
C–5 ...........................................................................................................................................................
C–5M ........................................................................................................................................................
C–17A ......................................................................................................................................................
C–21 .........................................................................................................................................................
C–32A ......................................................................................................................................................
C–37A ......................................................................................................................................................
UFR: Procure C–37B .....................................................................................................................
C–130J .....................................................................................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

66,951

66,951

21,824
233,639
1,938
10,282

21,824
233,639
1,938
10,282

1,405
1,788
9,910
5,830
27,240

1,405
1,788
9,910
5,830
27,240

53,477

53,477

76,185
26,286
1,583

85,064
[8,879]
26,286
1,583

7,716

7,716

35,640
2,064,825

35,640
2,124,628

4,544,684

6,304,684
[1,760,000]
780,300
1,200,000
[1,200,000]

780,300
0

2,545,674

2,945,674
[400,000]

57,708

30,000

219,808
[102,000]
[60,000]
298,502
[100,000]
1,609,373
[30,000]
[1,200,000]
30,000

2,695

2,695

109,841
117,141
0

109,841
117,141
108,173
[108,173]

96,727
155,634

96,727
121,634
[–34,000]
109,295
4,046

198,502
379,373

109,295
4,046
6,010
417,193
203,864
161,630
15,000
68,270
105,756
6,213
36,592
6,817
125,522
13,253
79,449
15,423
10,727

109,010
[103,000]
417,193
203,864
161,630
15,000
68,270
105,756
6,213
36,592
6,817
125,522
13,253
79,449
206,723
[191,300]
0

918
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

38
39
40
41
42
43
44
45
46
47

48
49
50
51

52
53
54
55
56
57
58
59
60
61
62
63
65
66
67
68
69
71
72
73
74
75
78
79
80
81
82
83
85
86
87
88

89
90
92
93

1

Item
Technical adjustments ....................................................................................................................
TRAINER AIRCRAFT
GLIDER MODS .....................................................................................................................................
T–6 ...........................................................................................................................................................
T–1 ...........................................................................................................................................................
T–38 .........................................................................................................................................................
OTHER AIRCRAFT
U–2 MODS ..............................................................................................................................................
KC–10A (ATCA) .....................................................................................................................................
C–12 .........................................................................................................................................................
VC–25A MOD ..........................................................................................................................................
C–40 .........................................................................................................................................................
C–130 .......................................................................................................................................................
Propulsion improvement ................................................................................................................
UFR: Procures AC–130J AGM–114 Cape ....................................................................................
C–130J MODS ........................................................................................................................................
Technical adjustments ....................................................................................................................
C–135 .......................................................................................................................................................
OC–135B .................................................................................................................................................
COMPASS CALL MODS ......................................................................................................................
Technical adjustment ......................................................................................................................
UFR: Avionics Viability Program (AVP) upgrades ....................................................................
UFR: Expected disconnect in air vehicle .....................................................................................
UFR: Mission and support equipment .........................................................................................
COMBAT FLIGHT INSPECTION (CFIN) .........................................................................................
RC–135 ....................................................................................................................................................
E–3 ...........................................................................................................................................................
E–4 ...........................................................................................................................................................
E–8 ...........................................................................................................................................................
AIRBORNE WARNING AND CONTROL SYSTEM .........................................................................
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................................................................
UFR: Family of Advance Beyond Line of Sight-Terminals .......................................................
H–1 ..........................................................................................................................................................
UFR: UH–1N Safety Enhancements ............................................................................................
H–60 ........................................................................................................................................................
RQ–4 MODS ...........................................................................................................................................
UFR: Replace RQ–4 TFT Antennas .............................................................................................
HC/MC–130 MODIFICATIONS ...........................................................................................................
OTHER AIRCRAFT ..............................................................................................................................
MQ–9 MODS ...........................................................................................................................................
CV–22 MODS ..........................................................................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
INITIAL SPARES/REPAIR PARTS ..................................................................................................
COMMON SUPPORT EQUIPMENT
AIRCRAFT REPLACEMENT SUPPORT EQUIP ...........................................................................
OTHER PRODUCTION CHARGES ...................................................................................................
T–53A TRAINER ...................................................................................................................................
POST PRODUCTION SUPPORT
B–2A ........................................................................................................................................................
B–2A ........................................................................................................................................................
B–52 .........................................................................................................................................................
C–17A ......................................................................................................................................................
RC–135 ....................................................................................................................................................
F–15 .........................................................................................................................................................
F–15 .........................................................................................................................................................
F–16 .........................................................................................................................................................
F–22A ......................................................................................................................................................
OTHER AIRCRAFT ..............................................................................................................................
RQ–4 POST PRODUCTION CHARGES ............................................................................................
CV–22 MODS ..........................................................................................................................................
INDUSTRIAL PREPAREDNESS
INDUSTRIAL RESPONSIVENESS ...................................................................................................
C–130J .....................................................................................................................................................
Technical adjustments ....................................................................................................................
WAR CONSUMABLES
WAR CONSUMABLES .........................................................................................................................
OTHER PRODUCTION CHARGES
OTHER PRODUCTION CHARGES ...................................................................................................
OTHER AIRCRAFT ..............................................................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ..................................................................................................................
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .......................................................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC
MISSILE REPLACEMENT EQ-BALLISTIC ....................................................................................
UFR: (NUC) TE Replacement Disconnect ...................................................................................
TACTICAL

† HR 2810 PAP

FY 2018
Request

Senate
Authorized
[–10,727]

136
35,706
21,477
51,641

136
35,706
21,477
51,641

36,406
4,243
5,846
52,107
31,119
66,310

67,674
59,068
264,740
60,990

36,406
4,243
5,846
52,107
31,119
96,110
[26,800]
[3,000]
181,957
[10,727]
69,428
23,091
102,968
[–108,173]
[10,000]
[10,000]
[24,600]
495
201,559
189,772
30,493
13,232
164,786
31,353
[6,637]
12,230
[8,500]
75,989
83,568
[39,600]
67,674
59,068
264,740
60,990

1,041,569

1,041,569

75,846
8,524
501

75,846
8,524
501

447
38,509
199
12,028
29,700
20,000
2,524
18,051
119,566
85,000
86,695
4,500

447
38,509
199
12,028
29,700
20,000
2,524
18,051
119,566
85,000
86,695
4,500

14,739
102,000

14,739
–100
[–102,000]

37,647

37,647

1,339,160
600

1,339,160
600

53,212
15,430,849

53,212
20,570,286

99,098

119,098
[20,000]

171,230
69,428
23,091
166,541

495
201,559
189,772
30,493
13,232
164,786
24,716
3,730
75,989
43,968

919
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
2
3
4
5
6
7
8
9
10

11
13
14
15
20
21

1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18

1
2
3
4
5
6
7
8
9
10
11
12
13
15
16
17

Item
JOINT AIR-SURFACE STANDOFF MISSILE ................................................................................
LRASM0 ..................................................................................................................................................
UFR: Long Range Anti-Ship Missile (LRASM) .........................................................................
SIDEWINDER (AIM–9X) .....................................................................................................................
AMRAAM ................................................................................................................................................
PREDATOR HELLFIRE MISSILE ...................................................................................................
SMALL DIAMETER BOMB ................................................................................................................
INDUSTRIAL FACILITIES
INDUSTR’L PREPAREDNS/POL PREVENTION ...........................................................................
CLASS IV
ICBM FUZE MOD ................................................................................................................................
MM III MODIFICATIONS ...................................................................................................................
UFR: (NUC) Upgrade Minimum Essential Emergency Communications Network
(MEECN) (MMPU) ....................................................................................................................
AGM–65D MAVERICK .........................................................................................................................
AIR LAUNCH CRUISE MISSILE (ALCM) ......................................................................................
SMALL DIAMETER BOMB ................................................................................................................
MISSILE SPARES AND REPAIR PARTS
INITIAL SPARES/REPAIR PARTS ..................................................................................................
SPECIAL PROGRAMS
SPECIAL UPDATE PROGRAMS .......................................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ..................................................................................................................
TOTAL MISSILE PROCUREMENT, AIR FORCE ............................................................
SPACE PROCUREMENT, AIR FORCE
SPACE PROGRAMS
ADVANCED EHF ..................................................................................................................................
AF SATELLITE COMM SYSTEM ......................................................................................................
COUNTERSPACE SYSTEMS ..............................................................................................................
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................................................................
UFR: Family of Advance Beyond Line of Sight-Terminals .......................................................
WIDEBAND GAPFILLER SATELLITES(SPACE) .........................................................................
GPS III SPACE SEGMENT ................................................................................................................
GLOBAL POSTIONING (SPACE) ......................................................................................................
SPACEBORNE EQUIP (COMSEC) ....................................................................................................
MILSATCOM ..........................................................................................................................................
EVOLVED EXPENDABLE LAUNCH CAPABILITY .......................................................................
EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ......................................................................
SBIR HIGH (SPACE) ..........................................................................................................................
UFR: SBIRS equipment ................................................................................................................
SBIR HIGH (SPACE) (AP) .................................................................................................................
NUDET DETECTION SYSTEM .........................................................................................................
SPACE MODS ........................................................................................................................................
UFR: Fix Enterprise Space Battle Management Command & Control (BMC2) .....................
SPACELIFT RANGE SYSTEM SPACE ............................................................................................
SPARES
INITIAL SPARES/REPAIR PARTS ..................................................................................................
TOTAL SPACE PROCUREMENT, AIR FORCE ................................................................
PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS
ROCKETS ...............................................................................................................................................
CARTRIDGES
CARTRIDGES ........................................................................................................................................
BOMBS
PRACTICE BOMBS ..............................................................................................................................
GENERAL PURPOSE BOMBS ...........................................................................................................
MASSIVE ORDNANCE PENETRATOR (MOP) ...............................................................................
JOINT DIRECT ATTACK MUNITION ..............................................................................................
B61 ...........................................................................................................................................................
B61 (AP) .................................................................................................................................................
OTHER ITEMS
CAD/PAD ................................................................................................................................................
EXPLOSIVE ORDNANCE DISPOSAL (EOD) .................................................................................
SPARES AND REPAIR PARTS .........................................................................................................
MODIFICATIONS .................................................................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
FLARES
FLARES ..................................................................................................................................................
FUZES
FUZES ....................................................................................................................................................
SMALL ARMS
SMALL ARMS ........................................................................................................................................
TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ........................................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES

† HR 2810 PAP

FY 2018
Request
441,367
44,728

Senate
Authorized

125,350
304,327
34,867
266,030

441,367
61,728
[17,000]
125,350
304,327
34,867
266,030

926

926

6,334
80,109

6,334
91,109

289
36,425
14,086

[11,000]
289
36,425
14,086

101,153

101,153

32,917

32,917

708,176
2,296,182

708,176
2,344,182

56,974
57,516
28,798
146,972

113,874

56,974
57,516
28,798
159,500
[12,528]
80,849
85,894
2,198
25,048
33,033
957,420
606,488
1,054,809
[73,800]
132,420
6,370
58,203
[21,000]
113,874

18,709
3,370,775

18,709
3,478,103

147,454

147,454

161,744

161,744

28,509
329,501
38,382
319,525
77,068
11,239

28,509
329,501
38,382
319,525
77,068
11,239

53,469
5,921
678
1,409
5,047

53,469
5,921
678
1,409
5,047

143,983

143,983

24,062

24,062

28,611
1,376,602

28,611
1,376,602

80,849
85,894
2,198
25,048
33,033
957,420
606,488
981,009
132,420
6,370
37,203

920
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line
1

2
3
4
5
6
7
8

9
10

11

13
14
15
16

17
18
19
20
21
22
23
25
26
27
28
29
30
31
32
33
34
35
36
37
40
41

42
43
44
45
46
47
48
49
51

52

Item
PASSENGER CARRYING VEHICLES ..............................................................................................
UFR: Set the Theater initiative, PACOM ....................................................................................
CARGO AND UTILITY VEHICLES
MEDIUM TACTICAL VEHICLE ........................................................................................................
CAP VEHICLES ....................................................................................................................................
CARGO AND UTILITY VEHICLES ...................................................................................................
SPECIAL PURPOSE VEHICLES
SECURITY AND TACTICAL VEHICLES .........................................................................................
UFR: Set the Theater initiative, PACOM ....................................................................................
SPECIAL PURPOSE VEHICLES ......................................................................................................
FIRE FIGHTING EQUIPMENT
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................................................................
MATERIALS HANDLING EQUIPMENT
MATERIALS HANDLING VEHICLES ..............................................................................................
UFR: Set the Theater (StT) PACOM ...........................................................................................
BASE MAINTENANCE SUPPORT
RUNWAY SNOW REMOV & CLEANING EQUIP ............................................................................
UFR: Set the Theater (StT) PACOM ...........................................................................................
BASE MAINTENANCE SUPPORT VEHICLES ..............................................................................
UFR: Set the Theater (StT) PACOM ...........................................................................................
COMM SECURITY EQUIPMENT(COMSEC)
COMSEC EQUIPMENT ........................................................................................................................
UFR: Cyber Squadron Initiative ..................................................................................................
INTELLIGENCE PROGRAMS
INTERNATIONAL INTEL TECH & ARCHITECTURES ..............................................................
INTELLIGENCE TRAINING EQUIPMENT .....................................................................................
INTELLIGENCE COMM EQUIPMENT ............................................................................................
ELECTRONICS PROGRAMS
AIR TRAFFIC CONTROL & LANDING SYS ...................................................................................
UFR: Cyber Squadron Initiative (WSCR) ..................................................................................
UFR: Deployable Radar Approach Control .................................................................................
UFR: D-ILS Procurement .............................................................................................................
NATIONAL AIRSPACE SYSTEM ......................................................................................................
BATTLE CONTROL SYSTEM—FIXED ...........................................................................................
UFR: Battle Control System (BCS) Tech Refresh .......................................................................
THEATER AIR CONTROL SYS IMPROVEMENTS .......................................................................
WEATHER OBSERVATION FORECAST .........................................................................................
UFR: Installation and Notification Warning System (INWS) (ANG) .....................................
STRATEGIC COMMAND AND CONTROL .......................................................................................
CHEYENNE MOUNTAIN COMPLEX ................................................................................................
MISSION PLANNING SYSTEMS .......................................................................................................
INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ....................................................
SPCL COMM-ELECTRONICS PROJECTS
GENERAL INFORMATION TECHNOLOGY ....................................................................................
UFR: AFSPC Cyber Request for CMF Initial Skills Training (IST) Pipeline .......................
AF GLOBAL COMMAND & CONTROL SYS ....................................................................................
MOBILITY COMMAND AND CONTROL ..........................................................................................
AIR FORCE PHYSICAL SECURITY SYSTEM ...............................................................................
COMBAT TRAINING RANGES ..........................................................................................................
MINIMUM ESSENTIAL EMERGENCY COMM N ...........................................................................
WIDE AREA SURVEILLANCE (WAS) .............................................................................................
C3 COUNTERMEASURES ..................................................................................................................
GCSS-AF FOS ........................................................................................................................................
DEFENSE ENTERPRISE ACCOUNTING AND MGMT SYSTEM ...............................................
THEATER BATTLE MGT C2 SYSTEM ...........................................................................................
AIR & SPACE OPERATIONS CTR-WPN SYS .................................................................................
AIR FORCE COMMUNICATIONS
BASE INFORMATION TRANSPT INFRAST (BITI) WIRED .......................................................
AFNET ....................................................................................................................................................
UFR: ARAD Enterprise Software ................................................................................................
UFR: Inst Processing Nodes in FY18 ...........................................................................................
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........................................................
USCENTCOM .........................................................................................................................................
ORGANIZATION AND BASE
TACTICAL C-E EQUIPMENT ............................................................................................................
COMBAT SURVIVOR EVADER LOCATER .....................................................................................
RADIO EQUIPMENT ...........................................................................................................................
CCTV/AUDIOVISUAL EQUIPMENT .................................................................................................
BASE COMM INFRASTRUCTURE ...................................................................................................
MODIFICATIONS
COMM ELECT MODS ..........................................................................................................................
PERSONAL SAFETY & RESCUE EQUIP
ITEMS LESS THAN $5 MILLION .....................................................................................................
UFR: Battlefield Airman Combat Equipment .............................................................................
UFR: Procure Parachute Phantom Oxygen System ....................................................................
DEPOT PLANT+MTRLS HANDLING EQ
MECHANIZED MATERIAL HANDLING EQUIP ...........................................................................
BASE SUPPORT EQUIPMENT

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

15,651

16,751
[1,100]

54,607
1,011
28,670

54,607
1,011
28,670

59,398
19,784

70,008
[10,610]
19,784

14,768

14,768

13,561

17,761
[4,200]

3,429

16,659
[13,230]
60,524
[449]

60,075

115,000

123,000
[8,000]

22,335
5,892
34,072

22,335
5,892
34,072

66,143

123,343
[8,000]
[33,000]
[16,200]
12,641
7,815
[1,400]
23,233
70,116
[30,000]
72,810
9,864
15,486
9,187

12,641
6,415
23,233
40,116
72,810
9,864
15,486
9,187
51,826
3,634
10,083
201,866
115,198
292
62,087
37,764
2,826
1,514
9,646
25,533
28,159
160,820

58,126
[6,300]
3,634
10,083
201,866
115,198
292
62,087
37,764
2,826
1,514
9,646
25,533

5,135
18,719

28,159
356,420
[26,000]
[169,600]
5,135
18,719

123,206
3,004
15,736
5,480
130,539

123,206
3,004
15,736
5,480
130,539

70,798

70,798

52,964

137,664
[83,700]
[1,000]

10,381

10,381

921
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

53
54
55

BASE PROCURED EQUIPMENT ......................................................................................................
ENGINEERING AND EOD EQUIPMENT ........................................................................................
MOBILITY EQUIPMENT ....................................................................................................................
UFR: Basic Expeditionary Airfield Resources spare requirements in support of the Set the
Theater, PACOM ........................................................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
SPECIAL SUPPORT PROJECTS
DARP RC135 ..........................................................................................................................................
DCGS-AF ................................................................................................................................................
SPECIAL UPDATE PROGRAM .........................................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ..................................................................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
UFR: Basic Expeditionary Airfield Resources spare requirements in support of the Set the
Theater, PACOM ........................................................................................................................
TOTAL OTHER PROCUREMENT, AIR FORCE ...............................................................

56
58
59
61
62
64

42
41
45
7
8
9
10
11
12
13
14
16
17
19
23
1
43
44
27
28
29
30
33
34
35
78
79

3
25
26
21
2
20
46
49
50
51
52

PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, OSD
MAJOR EQUIPMENT, OSD ................................................................................................................
MAJOR EQUIPMENT, NSA
INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .........................................................
MAJOR EQUIPMENT, WHS
MAJOR EQUIPMENT, WHS ...............................................................................................................
MAJOR EQUIPMENT, DISA
INFORMATION SYSTEMS SECURITY ............................................................................................
TELEPORT PROGRAM .......................................................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
NET CENTRIC ENTERPRISE SERVICES (NCES) .......................................................................
DEFENSE INFORMATION SYSTEM NETWORK ..........................................................................
CYBER SECURITY INITIATIVE .......................................................................................................
WHITE HOUSE COMMUNICATION AGENCY ...............................................................................
SENIOR LEADERSHIP ENTERPRISE ...........................................................................................
JOINT REGIONAL SECURITY STACKS (JRSS) ...........................................................................
JOINT SERVICE PROVIDER .............................................................................................................
MAJOR EQUIPMENT, DLA
MAJOR EQUIPMENT ..........................................................................................................................
MAJOR EQUIPMENT, DSS
MAJOR EQUIPMENT ..........................................................................................................................
MAJOR EQUIPMENT, DCAA
ITEMS LESS THAN $5 MILLION .....................................................................................................
MAJOR EQUIPMENT, TJS
MAJOR EQUIPMENT, TJS .................................................................................................................
MAJOR EQUIPMENT, TJS—CE2T2 .................................................................................................
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY
THAAD ....................................................................................................................................................
UFR: Procures additional THAAD Interceptors .........................................................................
AEGIS BMD ...........................................................................................................................................
AEGIS BMD (AP) .................................................................................................................................
BMDS AN/TPY–2 RADARS .................................................................................................................
AEGIS ASHORE PHASE III ..............................................................................................................
IRON DOME ..........................................................................................................................................
Increase for Co-production of Iron Dome Tamir interceptors ....................................................
AEGIS BMD HARDWARE AND SOFTWARE .................................................................................
DAVID’S SLING ....................................................................................................................................
Increase to DSWS Co-production ..................................................................................................
ARROW UPPER TIER .........................................................................................................................
Increase Arrow 3 Co-production ...................................................................................................
MAJOR EQUIPMENT, DHRA
PERSONNEL ADMINISTRATION .....................................................................................................
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY
VEHICLES .............................................................................................................................................
OTHER MAJOR EQUIPMENT ...........................................................................................................
MAJOR EQUIPMENT, DODEA
AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ..........................................................
MAJOR EQUIPMENT, DCMA
MAJOR EQUIPMENT ..........................................................................................................................
MAJOR EQUIPMENT, DMACT
MAJOR EQUIPMENT ..........................................................................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ..................................................................................................................
AVIATION PROGRAMS
ROTARY WING UPGRADES AND SUSTAINMENT ......................................................................
SOCOM requested transfer .............................................................................................................
UNMANNED ISR ..................................................................................................................................
NON-STANDARD AVIATION ..............................................................................................................
U–28 .........................................................................................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

15,038
26,287
8,470

15,038
26,287
45,150

28,768

[36,680]
28,768

25,985
178,423
840,980

25,985
178,423
840,980

16,601,513

16,601,513

26,675

29,605

19,603,497

[2,930]
20,055,896

36,999

36,999

5,938

5,938

10,529

10,529

24,805
46,638
15,541
1,161
126,345
1,817
45,243
294,139
188,483
100,783

24,805
46,638
15,541
1,161
126,345
1,817
45,243
294,139
188,483
100,783

2,951

2,951

1,073

1,073

1,475

1,475

9,341
903

9,341
903

451,592

770,992
[319,400]
425,018
38,738
947
59,739
92,000
[50,000]
160,330
120,000
[120,000]
120,000
[120,000]

425,018
38,738
947
59,739
42,000
160,330
0
0

14,588

14,588

204
12,363

204
12,363

1,910

1,910

4,347

4,347

13,464

13,464

657,759

657,759

158,988

145,488
[–13,500]
13,295
4,892
20,569

13,295
4,892
5,769

922
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

53
55
57
59
60
61
62

63
64
65
66
67
68
69
70
71
72
73
75

76
77

1

Item
UFR: Aircraft loss replacement .....................................................................................................
MH–47 CHINOOK .................................................................................................................................
CV–22 MODIFICATION .......................................................................................................................
MQ–9 UNMANNED AERIAL VEHICLE ...........................................................................................
PRECISION STRIKE PACKAGE .......................................................................................................
AC/MC–130J ...........................................................................................................................................
C–130 MODIFICATIONS .....................................................................................................................
SHIPBUILDING
UNDERWATER SYSTEMS .................................................................................................................
SOCOM requested transfer .............................................................................................................
AMMUNITION PROGRAMS
ORDNANCE ITEMS <$5M .................................................................................................................
OTHER PROCUREMENT PROGRAMS
INTELLIGENCE SYSTEMS ...............................................................................................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........................................................
OTHER ITEMS <$5M .........................................................................................................................
COMBATANT CRAFT SYSTEMS .......................................................................................................
SPECIAL PROGRAMS .........................................................................................................................
TACTICAL VEHICLES ........................................................................................................................
WARRIOR SYSTEMS <$5M ...............................................................................................................
COMBAT MISSION REQUIREMENTS .............................................................................................
GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...........................................................................
OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................................................................
OPERATIONAL ENHANCEMENTS ..................................................................................................
UFR: Medium Precision Strike munitions ..................................................................................
CBDP
CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ...........................................................
CB PROTECTION & HAZARD MITIGATION .................................................................................
TOTAL PROCUREMENT, DEFENSE-WIDE ......................................................................
JOINT URGENT OPERATIONAL NEEDS FUND
JOINT URGENT OPERATIONAL NEEDS FUND
JOINT URGENT OPERATIONAL NEEDS FUND ..........................................................................
TOTAL JOINT URGENT OPERATIONAL NEEDS FUND ..........................................

FY 2018
Request

87,345
42,178
21,660
229,728
179,934
28,059

[14,800]
87,345
42,178
21,660
229,728
179,934
28,059

92,606

79,806
[–12,800]

112,331

112,331

82,538
11,042
54,592
23,272
16,053
63,304
252,070
19,570
3,589
17,953
241,429

82,538
11,042
54,592
23,272
16,053
63,304
252,070
19,570
3,589
17,953
254,679
[13,250]

135,031
141,027
4,835,418

135,031
141,027
5,446,568

99,795
99,795

99,795
99,795

0

1,870,600
[1,870,600]
1,870,600

UNDISTRIBUTED
UNDISTRIBUTED
UNDISTRIBUTED ................................................................................................................................
ERI costs transfer from OCO ........................................................................................................
TOTAL UNDISTRIBUTED .........................................................................................................

1

Senate
Authorized

0

TOTAL PROCUREMENT ............................................................................................................ 113,983,713 140,317,237

1

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY

2

OPERATIONS.
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

4
6
15
18
23
27
33
34

5
8
9
11
13

Item
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
MQ–1 UAV ..............................................................................................................................................
ROTARY
AH–64 APACHE BLOCK IIIA REMAN ............................................................................................
MODIFICATION OF AIRCRAFT
MQ–1 PAYLOAD (MIP) ........................................................................................................................
MULTI SENSOR ABN RECON (MIP) ...............................................................................................
EMARSS SEMA MODS (MIP) ............................................................................................................
COMMS, NAV SURVEILLANCE .........................................................................................................
GROUND SUPPORT AVIONICS
CMWS ......................................................................................................................................................
COMMON INFRARED COUNTERMEASURES (CIRCM) ..............................................................
TOTAL AIRCRAFT PROCUREMENT, ARMY ....................................................................
MISSILE PROCUREMENT, ARMY
AIR-TO-SURFACE MISSILE SYSTEM
HELLFIRE SYS SUMMARY ...............................................................................................................
ANTI-TANK/ASSAULT MISSILE SYS
JAVELIN (AAWS-M) SYSTEM SUMMARY ......................................................................................
TOW 2 SYSTEM SUMMARY ...............................................................................................................
GUIDED MLRS ROCKET (GMLRS) .................................................................................................
HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ...................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

87,300

87,300

39,040

39,040

41,400
33,475
36,000
4,289

41,400
33,475
36,000
4,289

139,742
43,440
424,686

139,742
43,440
424,686

278,073

278,073

8,112
3,907
191,522
41,000

8,112
3,907
191,522
41,000

923
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

Item

14

LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ....................................................
MODIFICATIONS
STINGER MODS ...................................................................................................................................
TOTAL MISSILE PROCUREMENT, ARMY ........................................................................

18

1
2
6
8
14
15

3
4
5
7
15
16
17
19
20
24

10
12
14
15
20
41
62
68
70
71
72
75
80
81
84
85
87
93
95
98
119
136
142
143
148
149
153
157
164

PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
BRADLEY PROGRAM ..........................................................................................................................
ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................................................................
MODIFICATION OF TRACKED COMBAT VEHICLES
BRADLEY PROGRAM (MOD) ............................................................................................................
PALADIN INTEGRATED MANAGEMENT (PIM) ...........................................................................
M1 ABRAMS TANK (MOD) .................................................................................................................
ABRAMS UPGRADE PROGRAM .......................................................................................................
TOTAL PROCUREMENT OF W&TCV, ARMY ...................................................................
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
CTG, HANDGUN, ALL TYPES ...........................................................................................................
CTG, .50 CAL, ALL TYPES .................................................................................................................
CTG, 20MM, ALL TYPES ....................................................................................................................
CTG, 30MM, ALL TYPES ....................................................................................................................
ARTILLERY AMMUNITION
PROJ 155MM EXTENDED RANGE M982 ........................................................................................
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .....................................................
MINES
MINES & CLEARING CHARGES, ALL TYPES .............................................................................
ROCKETS
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................................................................
ROCKET, HYDRA 70, ALL TYPES ...................................................................................................
OTHER AMMUNITION
SIGNALS, ALL TYPES ........................................................................................................................
TOTAL PROCUREMENT OF AMMUNITION, ARMY ....................................................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................................................................
HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV .......................................................
MODIFICATION OF IN SVC EQUIP ................................................................................................
MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ......................................................
COMM—JOINT COMMUNICATIONS
SIGNAL MODERNIZATION PROGRAM ..........................................................................................
COMM—COMBAT COMMUNICATIONS
TRACTOR RIDE ...................................................................................................................................
COMM—BASE COMMUNICATIONS
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...................................................
ELECT EQUIP—TACT INT REL ACT (TIARA)
DCGS-A (MIP) .......................................................................................................................................
TROJAN (MIP) ......................................................................................................................................
MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................................................................
CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................................................................
BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............................................................
ELECT EQUIP—ELECTRONIC WARFARE (EW)
FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE .....................................................
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ................................................
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
NIGHT VISION DEVICES ...................................................................................................................
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............................................................
INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............................................................
MOD OF IN-SVC EQUIP (LLDR) ......................................................................................................
MORTAR FIRE CONTROL SYSTEM ................................................................................................
ELECT EQUIP—TACTICAL C2 SYSTEMS
AIR & MSL DEFENSE PLANNING & CONTROL SYS .................................................................
CHEMICAL DEFENSIVE EQUIPMENT
BASE DEFENSE SYSTEMS (BDS) ..................................................................................................
COMBAT SERVICE SUPPORT EQUIPMENT
HEATERS AND ECU’S .......................................................................................................................
FIELD FEEDING EQUIPMENT ........................................................................................................
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ................................................
MEDICAL EQUIPMENT
COMBAT SUPPORT MEDICAL .........................................................................................................
MAINTENANCE EQUIPMENT
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ......................................................................
CONSTRUCTION EQUIPMENT
HYDRAULIC EXCAVATOR .................................................................................................................
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................................................................
GENERATORS
GENERATORS AND ASSOCIATED EQUIP ....................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

8,669

8,669

28,000
559,283

28,000
559,283

200,000
253,903

200,000
253,903

30,000
125,736
138,700
442,800
1,191,139

30,000
125,736
138,700
442,800
1,191,139

5
121
1,605
35,000

5
121
1,605
35,000

23,234
20,023

23,234
20,023

11,615

11,615

25,000
75,820

25,000
75,820

1,013
193,436

1,013
193,436

25,874
38,628
64,647
17,508

25,874
38,628
64,647
17,508

4,900

4,900

1,000

1,000

2,500

2,500

39,515
21,310
2,300
14,460
5,180

39,515
21,310
2,300
14,460
5,180

16,935
18,874

16,935
18,874

377
60
57,500
3,974
2,947

377
60
57,500
3,974
2,947

9,100

9,100

3,726

3,726

270
145
1,980

270
145
1,980

25,690

25,690

1,124

1,124

3,850
1,932

3,850
1,932

569

569

924
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

168
173
176

1

27
34
35
37
47
51
62
64
66

3
7
11
12
17
35

1
2
3
7
8
12
13
14
16
20
23
24
33

25
32
46
78
80
81
101
119
121

Item
TRAINING EQUIPMENT
TRAINING DEVICES, NONSYSTEM ................................................................................................
TEST MEASURE AND DIG EQUIPMENT (TMD)
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............................................................
OTHER SUPPORT EQUIPMENT
RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............................................................
TOTAL OTHER PROCUREMENT, ARMY ...........................................................................
JOINT IMPROVISED-THREAT DEFEAT FUND
NETWORK ATTACK
RAPID ACQUISITION AND THREAT RESPONSE .......................................................................
TOTAL JOINT IMPROVISED-THREAT DEFEAT FUND ............................................
AIRCRAFT PROCUREMENT, NAVY
OTHER AIRCRAFT
STUASL0 UAV .......................................................................................................................................
MODIFICATION OF AIRCRAFT
H–53 SERIES ........................................................................................................................................
SH–60 SERIES .....................................................................................................................................
EP–3 SERIES ........................................................................................................................................
SPECIAL PROJECT AIRCRAFT .......................................................................................................
COMMON ECM EQUIPMENT ............................................................................................................
QRC .........................................................................................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
AIRCRAFT SUPPORT EQUIP & FACILITIES
AIRCRAFT INDUSTRIAL FACILITIES ...........................................................................................
TOTAL AIRCRAFT PROCUREMENT, NAVY ....................................................................
WEAPONS PROCUREMENT, NAVY
STRATEGIC MISSILES
TOMAHAWK ..........................................................................................................................................
TACTICAL MISSILES
STANDARD MISSILE ..........................................................................................................................
HELLFIRE .............................................................................................................................................
LASER MAVERICK ..............................................................................................................................
MODIFICATION OF MISSILES
ESSM .......................................................................................................................................................
GUNS AND GUN MOUNTS
SMALL ARMS AND WEAPONS .........................................................................................................
TOTAL WEAPONS PROCUREMENT, NAVY .....................................................................
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
GENERAL PURPOSE BOMBS ...........................................................................................................
JDAM .......................................................................................................................................................
AIRBORNE ROCKETS, ALL TYPES ................................................................................................
AIR EXPENDABLE COUNTERMEASURES ...................................................................................
JATOS .....................................................................................................................................................
OTHER SHIP GUN AMMUNITION ..................................................................................................
SMALL ARMS & LANDING PARTY AMMO ....................................................................................
PYROTECHNIC AND DEMOLITION ................................................................................................
AMMUNITION LESS THAN $5 MILLION .......................................................................................
MARINE CORPS AMMUNITION
MORTARS ..............................................................................................................................................
DIRECT SUPPORT MUNITIONS ......................................................................................................
INFANTRY WEAPONS AMMUNITION .............................................................................................
ARTILLERY MUNITIONS ..................................................................................................................
TOTAL PROCUREMENT OF AMMO, NAVY & MC ........................................................
OTHER PROCUREMENT, NAVY
OTHER SHIPBOARD EQUIPMENT
UNDERWATER EOD PROGRAMS ...................................................................................................
SMALL BOATS
STANDARD BOATS .............................................................................................................................
SHIP SONARS
SSN ACOUSTIC EQUIPMENT ...........................................................................................................
AVIATION ELECTRONIC EQUIPMENT
NAVAL MISSION PLANNING SYSTEMS .........................................................................................
OTHER SHORE ELECTRONIC EQUIPMENT
TACTICAL/MOBILE C4I SYSTEMS ..................................................................................................
DCGS-N ...................................................................................................................................................
CRYPTOLOGIC EQUIPMENT
CRYPTOLOGIC COMMUNICATIONS EQUIP .................................................................................
AIRCRAFT SUPPORT EQUIPMENT
AVIATION SUPPORT EQUIPMENT .................................................................................................
SHIP MISSILE SYSTEMS EQUIPMENT
SHIP MISSILE SUPPORT EQUIPMENT ........................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

2,700

2,700

7,500

7,500

8,500
405,575

8,500
405,575

483,058
483,058

483,058
483,058

3,900

3,900

950
15,382
7,220
19,855
75,530
15,150

950
15,382
7,220
19,855
75,530
15,150

18,850

18,850

463
157,300

463
157,300

100,086

100,086

35,208
8,771
5,040

35,208
8,771
5,040

1,768

1,768

1,500
152,373

1,500
152,373

74,021
106,941
1,184
15,700
540
13,789
1,963
765
866

74,021
106,941
1,184
15,700
540
13,789
1,963
765
866

1,290
1,355
1,854
5,319
225,587

1,290
1,355
1,854
5,319
225,587

12,348

12,348

18,000

18,000

43,500

43,500

2,550

2,550

7,900
6,392

7,900
6,392

2,280

2,280

29,245

29,245

2,436

2,436

925
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

126
132
134
135
141
143
147
152
154
155

161

6
11
12
13
17
19
20
24
26
27
37
38
53

17
33
48
51
56
62
63
65
67
68

6
7
11

10

Item
OTHER ORDNANCE SUPPORT EQUIPMENT
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ................................................................................
CIVIL ENGINEERING SUPPORT EQUIPMENT
GENERAL PURPOSE TRUCKS ........................................................................................................
FIRE FIGHTING EQUIPMENT .........................................................................................................
TACTICAL VEHICLES ........................................................................................................................
SUPPLY SUPPORT EQUIPMENT
SUPPLY EQUIPMENT ........................................................................................................................
FIRST DESTINATION TRANSPORTATION ...................................................................................
COMMAND SUPPORT EQUIPMENT
COMMAND SUPPORT EQUIPMENT ................................................................................................
OPERATING FORCES SUPPORT EQUIPMENT ...........................................................................
ENVIRONMENTAL SUPPORT EQUIPMENT .................................................................................
PHYSICAL SECURITY EQUIPMENT ..............................................................................................
CLASSIFIED PROGRAMS ..................................................................................................................
CLASSIFIED PROGRAMS
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS .........................................................................................................
TOTAL OTHER PROCUREMENT, NAVY ...........................................................................
PROCUREMENT, MARINE CORPS
ARTILLERY AND OTHER WEAPONS
HIGH MOBILITY ARTILLERY ROCKET SYSTEM ......................................................................
GUIDED MISSILES
JAVELIN .................................................................................................................................................
FOLLOW ON TO SMAW ......................................................................................................................
ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ...............................................................
REPAIR AND TEST EQUIPMENT
REPAIR AND TEST EQUIPMENT ...................................................................................................
OTHER SUPPORT (TEL)
MODIFICATION KITS .........................................................................................................................
COMMAND AND CONTROL SYSTEM (NON-TEL)
ITEMS UNDER $5 MILLION (COMM & ELEC) ............................................................................
RADAR + EQUIPMENT (NON-TEL)
RQ–21 UAS .............................................................................................................................................
INTELL/COMM EQUIPMENT (NON-TEL)
FIRE SUPPORT SYSTEM ..................................................................................................................
INTELLIGENCE SUPPORT EQUIPMENT .....................................................................................
OTHER SUPPORT (NON-TEL)
COMMAND POST SYSTEMS ..............................................................................................................
RADIO SYSTEMS .................................................................................................................................
ENGINEER AND OTHER EQUIPMENT
EOD SYSTEMS .....................................................................................................................................
TOTAL PROCUREMENT, MARINE CORPS ......................................................................
AIRCRAFT PROCUREMENT, AIR FORCE
OTHER AIRCRAFT
MQ–9 ........................................................................................................................................................
AIRLIFT AIRCRAFT
C–17A ......................................................................................................................................................
OTHER AIRCRAFT
C–130J MODS ........................................................................................................................................
COMPASS CALL MODS ......................................................................................................................
E–8 ...........................................................................................................................................................
HC/MC–130 MODIFICATIONS ...........................................................................................................
OTHER AIRCRAFT ..............................................................................................................................
MQ–9 MODS ...........................................................................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
INITIAL SPARES/REPAIR PARTS ..................................................................................................
COMMON SUPPORT EQUIPMENT
AIRCRAFT REPLACEMENT SUPPORT EQUIP ...........................................................................
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE .......................................................

FY 2018
Request

Senate
Authorized

31,970

31,970

496
2,304
2,336

496
2,304
2,336

164
420

164
420

21,650
15,800
1,000
15,890
2,200

21,650
15,800
1,000
15,890
2,200

1,178
220,059

1,178
220,059

5,360

5,360

2,833
49
5,024

2,833
49
5,024

8,241

8,241

750

750

200

200

8,400

8,400

50
3,000

50
3,000

5,777
4,590

5,777
4,590

21,000
65,274

21,000
65,274

271,080

271,080

26,850

26,850

8,400
56,720
3,000
153,080
10,381
56,400

8,400
56,720
3,000
153,080
10,381
56,400

129,450

129,450

25,417
740,778

25,417
740,778

MISSILE PROCUREMENT, AIR FORCE
TACTICAL
PREDATOR HELLFIRE MISSILE ...................................................................................................
SMALL DIAMETER BOMB ................................................................................................................
CLASS IV
AGM–65D MAVERICK .........................................................................................................................
TOTAL MISSILE PROCUREMENT, AIR FORCE ............................................................

294,480
90,920

294,480
90,920

10,000
395,400

10,000
395,400

SPACE PROCUREMENT, AIR FORCE
SPACE PROGRAMS
MILSATCOM ..........................................................................................................................................
TOTAL SPACE PROCUREMENT, AIR FORCE ................................................................

2,256
2,256

2,256
2,256

PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS

† HR 2810 PAP

926
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line
1
2
6
15
16

1
4
5
6
7
8
9
10
13
15
16
19
29
48
51
53
54
56
58
59

8
18

46
47
50
51
52
53
57
61
63
64
69
70
73
75

1

Item
ROCKETS ...............................................................................................................................................
CARTRIDGES
CARTRIDGES ........................................................................................................................................
BOMBS
JOINT DIRECT ATTACK MUNITION ..............................................................................................
FLARES
FLARES ..................................................................................................................................................
FUZES
FUZES ....................................................................................................................................................
TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ........................................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
PASSENGER CARRYING VEHICLES ..............................................................................................
CARGO AND UTILITY VEHICLES
CARGO AND UTILITY VEHICLES ...................................................................................................
SPECIAL PURPOSE VEHICLES
SECURITY AND TACTICAL VEHICLES .........................................................................................
SPECIAL PURPOSE VEHICLES ......................................................................................................
FIRE FIGHTING EQUIPMENT
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................................................................
MATERIALS HANDLING EQUIPMENT
MATERIALS HANDLING VEHICLES ..............................................................................................
BASE MAINTENANCE SUPPORT
RUNWAY SNOW REMOV & CLEANING EQUIP ............................................................................
BASE MAINTENANCE SUPPORT VEHICLES ..............................................................................
INTELLIGENCE PROGRAMS
INTERNATIONAL INTEL TECH & ARCHITECTURES ..............................................................
INTELLIGENCE COMM EQUIPMENT ............................................................................................
ELECTRONICS PROGRAMS
AIR TRAFFIC CONTROL & LANDING SYS ...................................................................................
THEATER AIR CONTROL SYS IMPROVEMENTS .......................................................................
SPCL COMM-ELECTRONICS PROJECTS
AIR FORCE PHYSICAL SECURITY SYSTEM ...............................................................................
ORGANIZATION AND BASE
BASE COMM INFRASTRUCTURE ...................................................................................................
PERSONAL SAFETY & RESCUE EQUIP
ITEMS LESS THAN $5 MILLION .....................................................................................................
BASE SUPPORT EQUIPMENT
BASE PROCURED EQUIPMENT ......................................................................................................
ENGINEERING AND EOD EQUIPMENT ........................................................................................
ITEMS LESS THAN $5 MILLION .....................................................................................................
SPECIAL SUPPORT PROJECTS
DARP RC135 ..........................................................................................................................................
DCGS-AF ................................................................................................................................................
CLASSIFIED PROGRAMS ..................................................................................................................
TOTAL OTHER PROCUREMENT, AIR FORCE ...............................................................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
TELEPORT PROGRAM .......................................................................................................................
DEFENSE INFORMATION SYSTEMS NETWORK .......................................................................
CLASSIFIED PROGRAMS ..................................................................................................................
AVIATION PROGRAMS
MANNED ISR ........................................................................................................................................
MC–12 ......................................................................................................................................................
UNMANNED ISR ..................................................................................................................................
NON-STANDARD AVIATION ..............................................................................................................
U–28 .........................................................................................................................................................
MH–47 CHINOOK .................................................................................................................................
MQ–9 UNMANNED AERIAL VEHICLE ...........................................................................................
C–130 MODIFICATIONS .....................................................................................................................
AMMUNITION PROGRAMS
ORDNANCE ITEMS <$5M .................................................................................................................
OTHER PROCUREMENT PROGRAMS
INTELLIGENCE SYSTEMS ...............................................................................................................
TACTICAL VEHICLES ........................................................................................................................
WARRIOR SYSTEMS <$5M ...............................................................................................................
OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................................................................
OPERATIONAL ENHANCEMENTS ..................................................................................................
UFR: Joint Task Force Platform Expansion ..............................................................................
TOTAL PROCUREMENT, DEFENSE-WIDE ......................................................................
UNDISTRIBUTED
UNDISTRIBUTED ................................................................................................................................
ERI costs transfer from OCO to base ...........................................................................................
TOTAL UNDISTRIBUTED .........................................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

49,050

49,050

11,384

11,384

390,577

390,577

3,498

3,498

47,000
501,509

47,000
501,509

3,855

3,855

1,882

1,882

1,100
32,479

1,100
32,479

22,583

22,583

5,353

5,353

11,315
40,451

11,315
40,451

8,873
2,000

8,873
2,000

56,500
4,970

56,500
4,970

3,000

3,000

55,000

55,000

8,469

8,469

7,500
80,427
110,405

7,500
80,427
110,405

700
9,200
3,542,825
4,008,887

700
9,200
3,542,825
4,008,887

1,979
12,000
43,653

1,979
12,000
43,653

15,900
20,000
38,933
9,600
8,100
10,270
19,780
3,750

15,900
20,000
38,933
9,600
8,100
10,270
19,780
3,750

62,643

62,643

12,000
38,527
20,215
7,134
193,542
518,026

12,000
38,527
20,215
7,134
209,442
[15,900]
533,926

0

–1,870,600
[–1,870,600]
0

927
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

FY 2018
Request

Item
TOTAL PROCUREMENT ............................................................................................................

Senate
Authorized

10,244,626

8,389,926

3

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

4

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-

1
2

5

TION.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

1
2

0601101A
0601102A

3
4

0601103A
0601104A

235

111111

5

0602105A

6
7
8

0602120A
0602122A
0602211A

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

0602270A
0602303A
0602307A
0602308A
0602601A
0602618A
0602622A
0602623A
0602624A
0602705A
0602709A
0602712A
0602716A
0602720A
0602782A

24
25
26
27
28
236

0602783A
0602784A
0602785A
0602786A
0602787A
222222

29
30
31

0603001A
0603002A
0603003A

32
33
34
35

0603004A
0603005A
0603006A
0603007A

Item
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
BASIC RESEARCH
IN-HOUSE LABORATORY INDEPENDENT RESEARCH .......................
DEFENSE RESEARCH SCIENCES .............................................................
Basic research program increase ...............................................................
UNIVERSITY RESEARCH INITIATIVES ...................................................
UNIVERSITY AND INDUSTRY RESEARCH CENTERS ..........................
Basic research program increase ...............................................................
UNDISTRIBUTED BASIC RESEARCH .......................................................
Modernizing Army capabilities and Third Offset ....................................
SUBTOTAL BASIC RESEARCH ...........................................................
APPLIED RESEARCH
MATERIALS TECHNOLOGY ..........................................................................
Strategic materials .....................................................................................
SENSORS AND ELECTRONIC SURVIVABILITY ......................................
TRACTOR HIP ..................................................................................................
AVIATION TECHNOLOGY ..............................................................................
General program reduction ........................................................................
ELECTRONIC WARFARE TECHNOLOGY ..................................................
MISSILE TECHNOLOGY ................................................................................
ADVANCED WEAPONS TECHNOLOGY ......................................................
ADVANCED CONCEPTS AND SIMULATION .............................................
COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY .......................
BALLISTICS TECHNOLOGY .........................................................................
CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY
JOINT SERVICE SMALL ARMS PROGRAM ..............................................
WEAPONS AND MUNITIONS TECHNOLOGY ...........................................
ELECTRONICS AND ELECTRONIC DEVICES .........................................
NIGHT VISION TECHNOLOGY .....................................................................
COUNTERMINE SYSTEMS ............................................................................
HUMAN FACTORS ENGINEERING TECHNOLOGY ................................
ENVIRONMENTAL QUALITY TECHNOLOGY ...........................................
COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ................
Position, navigation, and timing technologies .........................................
COMPUTER AND SOFTWARE TECHNOLOGY .........................................
MILITARY ENGINEERING TECHNOLOGY ...............................................
MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ...........................
WARFIGHTER TECHNOLOGY ......................................................................
MEDICAL TECHNOLOGY ...............................................................................
UNDISTRIBUTED APPLIED RESEARCH .................................................
Modernizing Army capabilities and Third Offset ....................................
SUBTOTAL APPLIED RESEARCH ....................................................
ADVANCED TECHNOLOGY DEVELOPMENT
WARFIGHTER ADVANCED TECHNOLOGY ..............................................
MEDICAL ADVANCED TECHNOLOGY .......................................................
AVIATION ADVANCED TECHNOLOGY .......................................................
Platform design & structure systems ........................................................
WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ....................
COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY
SPACE APPLICATION ADVANCED TECHNOLOGY .................................
MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

12,010
263,590
67,027
87,395
0
430,022

29,640
35,730
8,627
66,086
27,144
43,742
22,785
28,650
67,232
85,309
4,004
5,615
41,455
58,352
34,723
26,190
24,127
21,678
33,123
14,041
67,720
20,216
39,559
83,434
0
889,182

44,863
67,780
160,746
84,079
125,537
12,231
6,466

12,010
273,590
[10,000]
67,027
92,395
[5,000]
10,000
[10,000]
455,022

39,640
[10,000]
35,730
8,627
61,086
[–5,000]
27,144
43,742
22,785
28,650
67,232
85,309
4,004
5,615
41,455
58,352
34,723
26,190
24,127
21,678
38,123
[5,000]
14,041
67,720
20,216
39,559
83,434
15,000
[15,000]
914,182

44,863
67,780
140,746
[–20,000]
84,079
125,537
12,231
6,466

928
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

36
37
39
40
41
42
43
44
45

0603009A
0603015A
0603125A
0603130A
0603131A
0603270A
0603313A
0603322A
0603461A

46
47
48
49
50

0603606A
0603607A
0603710A
0603728A
0603734A

51

0603772A

52
237

0603794A
333333

53
55
56
57
58

0603305A
0603327A
0603619A
0603627A
0603639A

59

0603645A

60
61

0603747A
0603766A

62
63
64
65
66
67
68
69

0603774A
0603779A
0603790A
0603801A
0603804A
0603807A
0603827A
0604017A

70
71
72
73
74
75

0604100A
0604114A
0604115A
0604117A
0604118A
0604120A

76

0604121A

77

0604319A

78
79

0305251A
1206308A

80

0604201A

81
83
84
85

0604270A
0604290A
0604321A
0604328A

86

0604601A

87
88
89

0604604A
0604611A
0604622A

Item
TRACTOR HIKE ...............................................................................................
NEXT GENERATION TRAINING & SIMULATION SYSTEMS ...............
COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT .............
TRACTOR NAIL ................................................................................................
TRACTOR EGGS ...............................................................................................
ELECTRONIC WARFARE TECHNOLOGY ..................................................
MISSILE AND ROCKET ADVANCED TECHNOLOGY .............................
TRACTOR CAGE ...............................................................................................
HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM
Program increase ........................................................................................
LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY ..
JOINT SERVICE SMALL ARMS PROGRAM ..............................................
NIGHT VISION ADVANCED TECHNOLOGY ..............................................
ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS .....
MILITARY ENGINEERING ADVANCED TECHNOLOGY ........................
Combat engineering system ........................................................................
ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY.
C3 ADVANCED TECHNOLOGY .....................................................................
UNDISTRIBUTED ADVANCED TECHNOLOGY DEVELOPMENT ........
Modernizing Army capabilities and Third Offset ....................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
ARMY MISSLE DEFENSE SYSTEMS INTEGRATION ............................
AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ....................
LANDMINE WARFARE AND BARRIER—ADV DEV ................................
SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ADV DEV ..
TANK AND MEDIUM CALIBER AMMUNITION ........................................
UFR: Munitions and CM development .....................................................
ARMORED SYSTEM MODERNIZATION—ADV DEV ...............................
UFR: Supports development of critical ground combat vehicle technologies.
SOLDIER SUPPORT AND SURVIVABILITY .............................................
TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV .......
UFR: Funds of the Advanced Miniaturized Data Acquisition SystemNext.
NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT .......................
ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL .....................
NATO RESEARCH AND DEVELOPMENT ..................................................
AVIATION—ADV DEV .....................................................................................
LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV .........................
MEDICAL SYSTEMS—ADV DEV ..................................................................
SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ..............................
ROBOTICS DEVELOPMENT ..........................................................................
UFR: Accelerate armed Robotic Wingman development .........................
ANALYSIS OF ALTERNATIVES ...................................................................
LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR .................
TECHNOLOGY MATURATION INITIATIVES ............................................
MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) ...............
TRACTOR BEAM ..............................................................................................
ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) ..............
UFR: Fully funds Anti-Jam Antenna development and testing ............
SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING.
INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–
INTERCEPT (IFPC2).
CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT ..........
ARMY SPACE SYSTEMS INTEGRATION ...................................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
AIRCRAFT AVIONICS .....................................................................................
UFR: Funds implementation of Assured Position, Navigation, and
Timing (A-PNT).
ELECTRONIC WARFARE DEVELOPMENT ...............................................
MID-TIER NETWORKING VEHICULAR RADIO (MNVR) .......................
ALL SOURCE ANALYSIS SYSTEM ..............................................................
TRACTOR CAGE ...............................................................................................
UFR: Provides the Army’s Cyber Mission Force (CMF) with classified
cyber tools.
INFANTRY SUPPORT WEAPONS ................................................................
UFR: Acceleration of qualification of XM914 and XM913 .....................
MEDIUM TACTICAL VEHICLES ..................................................................
JAVELIN .............................................................................................................
FAMILY OF HEAVY TACTICAL VEHICLES ..............................................

† HR 2810 PAP

FY 2018
Request
28,552
16,434
26,903
4,880
4,326
31,296
62,850
12,323
182,331
17,948
5,796
47,135
10,421
32,448
52,206
33,426
0
1,070,977

9,634
33,949
72,909
7,135
41,452
32,739

Senate
Authorized
28,552
16,434
26,903
4,880
4,326
31,296
62,850
12,323
222,331
[40,000]
17,948
5,796
47,135
10,421
27,448
[–5,000]
52,206
33,426
20,000
[20,000]
1,105,977

9,634
33,949
72,909
7,135
65,902
[24,450]
102,739
[70,000]

10,157
27,733

10,157
29,353
[1,620]

12,347
10,456
2,588
14,055
35,333
33,491
20,239
39,608

1,600

12,347
10,456
2,588
14,055
35,333
33,491
20,239
44,608
[5,000]
9,921
76,728
115,221
20,000
10,400
165,093
[126]
1,600

11,303

11,303

56,492
20,432
890,889

56,492
20,432
992,085

30,153

42,153
[12,000]

71,671
10,589
4,774
17,252

71,671
10,589
4,774
30,252
[13,000]

87,643

93,643
[6,000]
6,039
21,095
10,507

9,921
76,728
115,221
20,000
10,400
164,967

6,039
21,095
10,507

929
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

90
92
93
94

0604633A
0604642A
0604645A
0604710A

95
96
97

0604713A
0604715A
0604741A

98
99
100
101
102
103
104

0604742A
0604746A
0604760A
0604768A
0604780A
0604798A
0604802A

105
106
107

0604804A
0604805A
0604807A

108
109

0604808A
0604818A

110
111
112
113
114

0604820A
0604822A
0604823A
0604827A
0604852A

115

0604854A

116
117
118
119

0605013A
0605018A
0605028A
0605029A

120
121
122

0605030A
0605031A
0605032A

123

0605033A

124
125
126
127
128

0605034A
0605035A
0605036A
0605037A
0605038A

129
130
131

0605041A
0605042A
0605047A

132

0605049A

133
134
135
137
138
140

0605051A
0605052A
0605053A
0605380A
0605450A
0605457A

143

0605766A

144

0605812A

145
146
147
150
151

0605830A
0210609A
0303032A
0304270A
1205117A

Item
AIR TRAFFIC CONTROL ................................................................................
LIGHT TACTICAL WHEELED VEHICLES ................................................
ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ...............
NIGHT VISION SYSTEMS—ENG DEV ........................................................
UFR: Develop Thermal Weapon Sights ....................................................
COMBAT FEEDING, CLOTHING, AND EQUIPMENT ..............................
NON-SYSTEM TRAINING DEVICES—ENG DEV ......................................
AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG
DEV.
CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT .................
AUTOMATIC TEST EQUIPMENT DEVELOPMENT .................................
DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV .....
BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) ...................................
COMBINED ARMS TACTICAL TRAINER (CATT) CORE ........................
BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ...................
WEAPONS AND MUNITIONS—ENG DEV ..................................................
UFR: 105mm Anti-Personnel / Wall Breach Ammunition .....................
UFR: Devops the 40mm Low Velocity M320 Door Breaching cartridge
UFR: Testing for the Anti-Tank Confined Space Tandem Warhead .....
LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ........................
COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV ...
MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV.
LANDMINE WARFARE/BARRIER—ENG DEV ..........................................
ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE.
RADAR DEVELOPMENT ................................................................................
GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ..........
FIREFINDER ....................................................................................................
SOLDIER SYSTEMS—WARRIOR DEM/VAL ..............................................
SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD .........
UFR: Expands installation of Active Protection Systems ......................
UFR: Modular Active Protection System .................................................
ARTILLERY SYSTEMS—EMD ......................................................................
UFR: Funds research for 55 cal tube ........................................................
INFORMATION TECHNOLOGY DEVELOPMENT .....................................
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) ........
ARMORED MULTI-PURPOSE VEHICLE (AMPV) ....................................
INTEGRATED GROUND SECURITY SURVEILLANCE RESPONSE
CAPABILITY (IGSSR-C).
JOINT TACTICAL NETWORK CENTER (JTNC) .......................................
JOINT TACTICAL NETWORK (JTN) ...........................................................
TRACTOR TIRE ................................................................................................
UFR: Develops Offensive Cyber Operations capabilities .........................
GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM—EXPEDITIONARY (GBOSS-E).
TACTICAL SECURITY SYSTEM (TSS) .......................................................
COMMON INFRARED COUNTERMEASURES (CIRCM) ..........................
COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) ...............
EVIDENCE COLLECTION AND DETAINEE PROCESSING ...................
NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE
(NBCRV) SENSOR SUITE.
DEFENSIVE CYBER TOOL DEVELOPMENT ............................................
TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) ..........................
CONTRACT WRITING SYSTEM ....................................................................
Consolidate requirements ...........................................................................
MISSILE WARNING SYSTEM MODERNIZATION (MWSM) ...................
UFR: Supports Directed Requirement for Limited Interim Missile
Warning System to detect Enemy (MANPADS).
AIRCRAFT SURVIVABILITY DEVELOPMENT .........................................
INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 .........
GROUND ROBOTICS .......................................................................................
AMF JOINT TACTICAL RADIO SYSTEM (JTRS) .....................................
JOINT AIR-TO-GROUND MISSILE (JAGM) ...............................................
ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) ............
Early to need ..............................................................................................
NATIONAL CAPABILITIES INTEGRATION (MIP) ...................................
UFR: Funds development for Remote Ground Terminal ........................
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
AVIATION GROUND SUPPORT EQUIPMENT ..........................................
PALADIN INTEGRATED MANAGEMENT (PIM) .......................................
TROJAN—RH12 ................................................................................................
ELECTRONIC WARFARE DEVELOPMENT ...............................................
TRACTOR BEARS ............................................................................................
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.

† HR 2810 PAP

FY 2018
Request
3,536
7,000
36,242
108,504
3,702
43,575
28,726
18,562
8,344
11,270
10,000
18,566
145,360
145,232

Senate
Authorized
3,536
7,000
36,242
126,004
[17,500]
3,702
43,575
28,726

90,965
9,910
39,238

18,562
8,344
11,270
10,000
18,566
145,360
161,410
[8,000]
[4,178]
[4,000]
90,965
9,910
39,238

34,684
164,409

34,684
164,409

32,968
49,554
45,605
16,127
98,600

32,968
49,554
45,605
16,127
133,600
[25,000]
[10,000]
3,972
[2,000]
81,776
172,361
199,778
4,418

1,972
81,776
172,361
199,778
4,418
15,877
44,150
34,670
5,207

15,877
44,150
113,570
[78,900]
5,207

4,727
105,778
6,927
214
16,125

4,727
105,778
6,927
214
16,125

55,165
20,076
20,322

55,165
20,076
22
[–20,300]
210,810
[155,000]

55,810

30,879
175,069
70,760
8,965
34,626
336,420

23,467

30,879
175,069
70,760
8,965
34,626
136,420
[–200,000]
9,382
[2,500]
23,467

6,930
6,112
4,431
14,616
17,928
3,012,840

6,930
6,112
4,431
14,616
17,928
3,130,618

6,882

930
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

152
153
154
155
156

0604256A
0604258A
0604759A
0605103A
0605301A

157
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176

0605326A
0605601A
0605602A
0605604A
0605606A
0605702A
0605706A
0605709A
0605712A
0605716A
0605718A
0605801A
0605803A
0605805A
0605857A
0605898A
0606001A
0606002A
0303260A

178
179
180
181

0603778A
0603813A
0605024A
0607131A

182
183

0607133A
0607134A

184
185
186
187
188
189
190
191

0607135A
0607136A
0607137A
0607138A
0607139A
0607140A
0607141A
0607142A

192
193
194

0607143A
0607665A
0607865A

195
196

0202429A
0203728A

197

0203735A

198
199
200

0203740A
0203743A
0203744A

201
202
203

0203752A
0203758A
0203801A

204
205
207
208

0203802A
0203808A
0205410A
0205412A

209
210
213

0205456A
0205778A
0303028A

214
215

0303140A
0303141A

Item
RDT&E MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ....................................................
TARGET SYSTEMS DEVELOPMENT ..........................................................
MAJOR T&E INVESTMENT ...........................................................................
RAND ARROYO CENTER ...............................................................................
ARMY KWAJALEIN ATOLL ...........................................................................
UFR: Increases funding for facilities sustainment from 75% to 83% ...
CONCEPTS EXPERIMENTATION PROGRAM ...........................................
ARMY TEST RANGES AND FACILITIES ...................................................
ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS ........
SURVIVABILITY/LETHALITY ANALYSIS ..................................................
AIRCRAFT CERTIFICATION .........................................................................
METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ......................
MATERIEL SYSTEMS ANALYSIS ................................................................
EXPLOITATION OF FOREIGN ITEMS .......................................................
SUPPORT OF OPERATIONAL TESTING ...................................................
ARMY EVALUATION CENTER ......................................................................
ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ...........
PROGRAMWIDE ACTIVITIES .......................................................................
TECHNICAL INFORMATION ACTIVITIES ................................................
MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY
ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ..........
ARMY DIRECT REPORT HEADQUARTERS—R&D—MHA ...................
MILITARY GROUND-BASED CREW TECHNOLOGY ...............................
RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE .......
DEFENSE MILITARY DECEPTION INITIATIVE .....................................
SUBTOTAL RDT&E MANAGEMENT SUPPORT ........................
OPERATIONAL SYSTEMS DEVELOPMENT
MLRS PRODUCT IMPROVEMENT PROGRAM ..........................................
TRACTOR PULL ...............................................................................................
ANTI-TAMPER TECHNOLOGY SUPPORT .................................................
WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.
TRACTOR SMOKE ...........................................................................................
LONG RANGE PRECISION FIRES (LRPF) ................................................
UFR: Accelerates LRPF procurement from FY25 ...................................
APACHE PRODUCT IMPROVEMENT PROGRAM ....................................
BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ...........................
CHINOOK PRODUCT IMPROVEMENT PROGRAM ..................................
FIXED WING PRODUCT IMPROVEMENT PROGRAM ............................
IMPROVED TURBINE ENGINE PROGRAM ..............................................
EMERGING TECHNOLOGIES FROM NIE .................................................
LOGISTICS AUTOMATION ............................................................................
AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT.
UFR: Qualifies M282 for use by AH–64 aircraft ....................................
UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS ................
FAMILY OF BIOMETRICS .............................................................................
PATRIOT PRODUCT IMPROVEMENT ........................................................
UFR: Funds Terminal High Altitude Area Defense (THAAD)/Missile
Segment Enhanced (MSE) integration.
AEROSTAT JOINT PROJECT—COCOM EXERCISE ...............................
JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM
(JADOCS).
COMBAT VEHICLE IMPROVEMENT PROGRAMS ...................................
Laser warning sensor suite ........................................................................
UFR: Accelerate the development of the M88A2E1 ..................................
MANEUVER CONTROL SYSTEM ..................................................................
155MM SELF-PROPELLED HOWITZER IMPROVEMENTS ..................
AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ..........
DIGITIZATION .................................................................................................
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM .......
UFR: Supports research for the Stinger Product Improvement Program (PIP).
OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS ..................
TRACTOR CARD ...............................................................................................
MATERIALS HANDLING EQUIPMENT ......................................................
ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV.
LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM ............
GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ................
SECURITY AND INTELLIGENCE ACTIVITIES ........................................
UFR: Funds Offensive Cyber capabilities development ...........................
INFORMATION SYSTEMS SECURITY PROGRAM ...................................
GLOBAL COMBAT SUPPORT SYSTEM ......................................................

† HR 2810 PAP

FY 2018
Request

22,862
13,902
102,901
20,140
246,663

Senate
Authorized

29,820
307,588
49,242
41,843
4,804
7,238
21,890
12,684
51,040
56,246
1,829
55,060
33,934
43,444
5,087
54,679
7,916
61,254
1,779
1,253,845

22,862
13,902
102,901
20,140
251,025
[4,362]
29,820
307,588
49,242
41,843
4,804
7,238
21,890
12,684
51,040
56,246
1,829
55,060
33,934
43,444
5,087
54,679
7,916
61,254
1,779
1,258,207

8,929
4,014
4,094
15,738

8,929
4,014
4,094
15,738

4,513
102,014

4,513
144,745
[42,731]
59,977
34,416
194,567
9,981
204,304
1,023
1,504
18,064

59,977
34,416
194,567
9,981
204,304
1,023
1,504
10,064

38,463
6,159
90,217

[8,000]
38,463
6,159
180,217
[90,000]

6,749
33,520

6,749
33,520

343,175

351,175
[4,000]
[4,000]
6,639
40,784
39,358

6,639
40,784
39,358
145
4,803
2,723

145
4,803
28,723
[26,000]

5,000
37,883
1,582
195

5,000
37,883
1,582
195

78,926
102,807
13,807

78,926
102,807
35,652
[21,845]
132,438
64,370

132,438
64,370

931
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

217
220
222
223
224

0303150A
0305172A
0305204A
0305206A
0305208A

225
226
227
228
229

0305219A
0305232A
0305233A
0307665A
0310349A

230
231
232
234

0708045A
1203142A
1208053A
9999999999

Item
WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ......................
COMBINED ADVANCED APPLICATIONS ..................................................
TACTICAL UNMANNED AERIAL VEHICLES ...........................................
AIRBORNE RECONNAISSANCE SYSTEMS ...............................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ....................
Change in tactical requirements ................................................................
MQ–1C GRAY EAGLE UAS ............................................................................
RQ–11 UAV .........................................................................................................
RQ–7 UAV ...........................................................................................................
BIOMETRICS ENABLED INTELLIGENCE ................................................
WIN-T INCREMENT 2—INITIAL NETWORKING .....................................
Change in tactical requirements ................................................................
END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES .....................
SATCOM GROUND ENVIRONMENT (SPACE) ...........................................
JOINT TACTICAL GROUND SYSTEM .........................................................
CLASSIFIED PROGRAMS ..............................................................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ......
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL,
ARMY.

1

0601103N

2
3

0601152N
0601153N

4
5
6
7
8
9
10

0602114N
0602123N
0602131M
0602235N
0602236N
0602271N
0602435N

11
12

0602651M
0602747N

13
14
15

0602750N
0602782N
0602792N

16

0602861N

19
20
21

0603123N
0603271N
0603640M

22
23

0603651M
0603673N

24
25
27
28

0603680N
0603729N
0603758N
0603782N

29

0603801N

30
31
33
34
35
36
37

0603207N
0603216N
0603251N
0603254N
0603261N
0603382N
0603502N

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY
BASIC RESEARCH
UNIVERSITY RESEARCH INITIATIVES ...................................................
Program increase ........................................................................................
IN-HOUSE LABORATORY INDEPENDENT RESEARCH .......................
DEFENSE RESEARCH SCIENCES .............................................................
SUBTOTAL BASIC RESEARCH ...........................................................
APPLIED RESEARCH
POWER PROJECTION APPLIED RESEARCH ..........................................
FORCE PROTECTION APPLIED RESEARCH ..........................................
MARINE CORPS LANDING FORCE TECHNOLOGY ................................
COMMON PICTURE APPLIED RESEARCH ..............................................
WARFIGHTER SUSTAINMENT APPLIED RESEARCH .........................
ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH .......................
OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ........
Research vessel refit ....................................................................................
JOINT NON-LETHAL WEAPONS APPLIED RESEARCH .......................
UNDERSEA WARFARE APPLIED RESEARCH ........................................
Program increase ........................................................................................
FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ......................
MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH .......
INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH .....
General decrease ..........................................................................................
SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD
ACITIVITIES.
SUBTOTAL APPLIED RESEARCH ....................................................

FY 2018
Request
10,475
1,100
9,433
5,080
24,700

Senate
Authorized

60,877
11,959
10,228
7,154
1,877,685

10,475
1,100
9,433
5,080
4,700
[–20,000]
9,574
2,191
12,773
2,537
723
[–4,000]
60,877
11,959
10,228
7,154
2,050,261

9,425,440

9,906,352

118,130

123,130
[5,000]
19,438
458,333
600,901

9,574
2,191
12,773
2,537
4,723

19,438
458,333
595,901

13,553
125,557
53,936
36,450
48,649
79,598
42,411

62,722

13,553
125,557
53,936
36,450
48,649
79,598
57,411
[15,000]
6,425
81,094
[25,000]
156,805
32,733
161,146
[–10,000]
62,722

886,079

916,079

26,342
9,360
154,407
13,448
231,772

26,342
9,360
149,407
[–5,000]
13,448
226,772

57,797
4,878
64,889
15,164

[–5,000]
57,797
4,878
64,889
30,164

6,425
56,094
156,805
32,733
171,146

ADVANCED TECHNOLOGY DEVELOPMENT
FORCE PROTECTION ADVANCED TECHNOLOGY .................................
ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ..............
USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ..............
Futures directorate .....................................................................................
JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT .....
FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT.
Capable manpower, enterprise and platform enablers ............................
MANUFACTURING TECHNOLOGY PROGRAM .........................................
WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ...................
NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS ......
MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.
Maritime intelligence, surveillance, and reconaissance technology ........
INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.
Underwater unmanned vehicle prototypes ................................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...

108,285

[15,000]
123,285

686,342

[15,000]
706,342

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
AIR/OCEAN TACTICAL APPLICATIONS ....................................................
AVIATION SURVIVABILITY ..........................................................................
AIRCRAFT SYSTEMS ......................................................................................
ASW SYSTEMS DEVELOPMENT ..................................................................
TACTICAL AIRBORNE RECONNAISSANCE ..............................................
ADVANCED COMBAT SYSTEMS TECHNOLOGY .....................................
SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ......

48,365
5,566
695
7,661
3,707
61,381
154,117

48,365
5,566
695
7,661
3,707
61,381
128,117

† HR 2810 PAP

932
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

38
39
40
41
42
43
44
45
46
47
48

0603506N
0603512N
0603525N
0603527N
0603536N
0603542N
0603553N
0603561N
0603562N
0603563N
0603564N

49
50
51
52

0603570N
0603573N
0603576N
0603581N

53
54
55
56
57
58
60
61
63
64
65
66
67
68
69
70
71
72
74
75
76
77

0603582N
0603595N
0603596N
0603597N
0603599N
0603609N
0603635M
0603654N
0603713N
0603721N
0603724N
0603725N
0603734N
0603739N
0603746N
0603748N
0603751N
0603764N
0603790N
0603795N
0603851M
0603860N

78
79

0603925N
0604112N

81

0604272N

83

0604286M

85

0604320M

86
87

0604454N
0604536N

89
90

0604659N
0604707N

91
93
94
95

0604786N
0303354N
0304240M
0304270N

96
97
98
99
100
101
102
103
104
105
106

0603208N
0604212N
0604214N
0604215N
0604216N
0604218N
0604221N
0604230N
0604231N
0604234N
0604245N

Item
PLUS experimentation ..............................................................................
Reduce Barracuda ......................................................................................
Reduce Snakehead .......................................................................................
SURFACE SHIP TORPEDO DEFENSE ......................................................
CARRIER SYSTEMS DEVELOPMENT ........................................................
PILOT FISH ......................................................................................................
RETRACT LARCH ............................................................................................
RETRACT JUNIPER ........................................................................................
RADIOLOGICAL CONTROL ...........................................................................
SURFACE ASW .................................................................................................
ADVANCED SUBMARINE SYSTEM DEVELOPMENT .............................
SUBMARINE TACTICAL WARFARE SYSTEMS ........................................
SHIP CONCEPT ADVANCED DESIGN ........................................................
SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ...................
Aircraft carrier preliminary design ..........................................................
ADVANCED NUCLEAR POWER SYSTEMS ................................................
ADVANCED SURFACE MACHINERY SYSTEMS ......................................
CHALK EAGLE .................................................................................................
LITTORAL COMBAT SHIP (LCS) ................................................................
Excess program support .............................................................................
COMBAT SYSTEM INTEGRATION ...............................................................
OHIO REPLACEMENT ....................................................................................
LCS MISSION MODULES ...............................................................................
AUTOMATED TEST AND ANALYSIS ..........................................................
FRIGATE DEVELOPMENT ............................................................................
CONVENTIONAL MUNITIONS ......................................................................
MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM .....................
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...............
OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ......................
ENVIRONMENTAL PROTECTION ................................................................
NAVY ENERGY PROGRAM ............................................................................
FACILITIES IMPROVEMENT .......................................................................
CHALK CORAL .................................................................................................
NAVY LOGISTIC PRODUCTIVITY ................................................................
RETRACT MAPLE ............................................................................................
LINK PLUMERIA .............................................................................................
RETRACT ELM .................................................................................................
LINK EVERGREEN .........................................................................................
NATO RESEARCH AND DEVELOPMENT ..................................................
LAND ATTACK TECHNOLOGY .....................................................................
JOINT NON-LETHAL WEAPONS TESTING ..............................................
JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/
VAL.
DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS .................
GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN
78—80).
TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES
(TADIRCM).
MARINE CORPS ADDITIVE MANUFACTURING TECHNOLOGY DEVELOPMENT.
RAPID TECHNOLOGY CAPABILITY PROTOTYPE ..................................
Increase rapid acquisition capability for Marine Corps Warfighting
Lab.
LX (R) .................................................................................................................
ADVANCED UNDERSEA PROTOTYPING ...................................................
Funding early to need ................................................................................
PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM .............
SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.
OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT
ASW SYSTEMS DEVELOPMENT—MIP ......................................................
ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM ....................
ELECTRONIC WARFARE DEVELOPMENT—MIP ...................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
TRAINING SYSTEM AIRCRAFT ...................................................................
OTHER HELO DEVELOPMENT ...................................................................
AV–8B AIRCRAFT—ENG DEV ......................................................................
STANDARDS DEVELOPMENT ......................................................................
MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ..............
AIR/OCEAN EQUIPMENT ENGINEERING ................................................
P–3 MODERNIZATION PROGRAM ..............................................................
WARFARE SUPPORT SYSTEM ....................................................................
TACTICAL COMMAND SYSTEM ...................................................................
ADVANCED HAWKEYE ..................................................................................
H–1 UPGRADES ...............................................................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

24,674
776,158
116,871
8,052
143,450
8,909
1,428
53,367
8,212
20,214
50,623
2,837
245,143
2,995
306,101
253,675
55,691
48,982
9,099
33,568
29,873
106,391

[10,000]
[–16,000]
[–20,000]
14,974
9,296
132,083
15,407
122,413
745
1,136
100,955
13,834
36,891
42,012
[30,000]
329,500
29,953
191,610
33,991
[–7,000]
24,674
776,158
116,871
8,052
143,450
8,909
1,428
53,367
8,212
20,214
50,623
2,837
245,143
2,995
306,101
253,675
55,691
48,982
9,099
33,568
29,873
106,391

107,310
83,935

107,310
83,935

46,844

46,844

6,200

6,200

7,055

17,055
[10,000]

9,578
66,543
31,315
42,851

9,578
13,643
[–52,900]
31,315
42,851

160,694
8,278
7,979
527
4,218,714

160,694
8,278
7,979
527
4,172,814

16,945
26,786
48,780
2,722
5,371
782
1,361
14,167
55,695
292,535
61,288

16,945
26,786
48,780
2,722
5,371
782
1,361
14,167
55,695
292,535
61,288

14,974
9,296
132,083
15,407
122,413
745
1,136
100,955
13,834
36,891
12,012
329,500
29,953
191,610
40,991

933
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

107
108

0604261N
0604262N

109

0604264N

110
111

0604269N
0604270N

112
113
114
115
116
117
118
119
120
122

0604273N
0604274N
0604280N
0604282N
0604307N
0604311N
0604329N
0604366N
0604373N
0604378N

124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140

0604501N
0604503N
0604504N
0604512N
0604518N
0604522N
0604558N
0604562N
0604567N
0604574N
0604580N
0604601N
0604610N
0604654N
0604703N
0604727N
0604755N

141
142
143
144
145
146

0604756N
0604757N
0604761N
0604771N
0604777N
0604800M

147

0604800N

148

0604810M

149

0604810N

150
151

0605013M
0605013N

152
153
154
155
156
157
158
159
160
161
162

0605024N
0605212N
0605215N
0605217N
0605220N
0605327N
0605414N
0605450N
0605500N
0605504N
0605611M

163

0605813M

164

0204202N

168
170

0304785N
0306250M

171

0604256N

Item
ACOUSTIC SEARCH SENSORS ....................................................................
V–22A ...................................................................................................................
UFR: MV–22 Common Configuration CC-RAM improvements .............
AIR CREW SYSTEMS DEVELOPMENT ......................................................
Physiological Episode prize competition ..................................................
Physiological episodes .................................................................................
EA–18 ..................................................................................................................
ELECTRONIC WARFARE DEVELOPMENT ...............................................
UFR: Intrepid Tiger UH–1Y Jettison Capability ..................................
EXECUTIVE HELO DEVELOPMENT ..........................................................
NEXT GENERATION JAMMER (NGJ) .........................................................
JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) .....................
NEXT GENERATION JAMMER (NGJ) INCREMENT II ..........................
SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ................
LPD–17 CLASS SYSTEMS INTEGRATION .................................................
SMALL DIAMETER BOMB (SDB) ................................................................
STANDARD MISSILE IMPROVEMENTS ....................................................
AIRBORNE MCM ..............................................................................................
NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS
ENGINEERING.
ADVANCED ABOVE WATER SENSORS ......................................................
SSN–688 AND TRIDENT MODERNIZATION .............................................
AIR CONTROL ..................................................................................................
SHIPBOARD AVIATION SYSTEMS ..............................................................
COMBAT INFORMATION CENTER CONVERSION ...................................
AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ......................
NEW DESIGN SSN ...........................................................................................
SUBMARINE TACTICAL WARFARE SYSTEM ..........................................
SHIP CONTRACT DESIGN/ LIVE FIRE T&E ...........................................
NAVY TACTICAL COMPUTER RESOURCES .............................................
VIRGINIA PAYLOAD MODULE (VPM) ........................................................
MINE DEVELOPMENT ...................................................................................
LIGHTWEIGHT TORPEDO DEVELOPMENT ............................................
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...............
PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS .....
JOINT STANDOFF WEAPON SYSTEMS .....................................................
SHIP SELF DEFENSE (DETECT & CONTROL) ......................................
UFR: Ship C2 Systems for Amphibs ........................................................
SHIP SELF DEFENSE (ENGAGE: HARD KILL) .....................................
SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...............................
INTELLIGENCE ENGINEERING .................................................................
MEDICAL DEVELOPMENT ...........................................................................
NAVIGATION/ID SYSTEM ..............................................................................
JOINT STRIKE FIGHTER (JSF)—EMD .....................................................
SDD plus up ...............................................................................................
JOINT STRIKE FIGHTER (JSF)—EMD .....................................................
SDD plus up ...............................................................................................
JOINT STRIKE FIGHTER FOLLOW ON MODERNIZATION (FOM)—
MARINE CORPS.
JOINT STRIKE FIGHTER FOLLOW ON MODERNIZATION (FOM)—
NAVY.
INFORMATION TECHNOLOGY DEVELOPMENT .....................................
INFORMATION TECHNOLOGY DEVELOPMENT .....................................
Navy ePS consolidate requirements ..........................................................
NSIPS consolidate requirements ...............................................................
ANTI-TAMPER TECHNOLOGY SUPPORT .................................................
CH–53K RDTE ..................................................................................................
MISSION PLANNING .......................................................................................
COMMON AVIONICS ........................................................................................
SHIP TO SHORE CONNECTOR (SSC) ........................................................
T-AO 205 CLASS ...............................................................................................
UNMANNED CARRIER AVIATION (UCA) ..................................................
JOINT AIR-TO-GROUND MISSILE (JAGM) ...............................................
MULTI-MISSION MARITIME AIRCRAFT (MMA) .....................................
MULTI-MISSION MARITIME (MMA) INCREMENT III ...........................
MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT &
DEMONSTRATION.
JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION.
DDG–1000 ...........................................................................................................
Unjustified cost growth ..............................................................................
TACTICAL CRYPTOLOGIC SYSTEMS .........................................................
CYBER OPERATIONS TECHNOLOGY DEVELOPMENT .........................
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ....................................................

† HR 2810 PAP

FY 2018
Request
37,167
171,386
13,235

173,488
54,055
451,938
632,936
4,310
66,686
390,238
689
112,846
158,578
15,734
25,445
87,233
130,981
75,186
177,926
8,062
32,090
120,087
50,850
67,166
4,817
72,861
25,635
28,076
7,561
40,828
435
161,713

Senate
Authorized
37,167
186,386
[15,000]
33,235
[10,000]
[10,000]
173,488
57,055
[3,000]
451,938
632,936
4,310
66,686
390,238
689
112,846
158,578
15,734
25,445

144,958

87,233
130,981
75,186
177,926
8,062
32,090
120,087
50,850
67,166
4,817
72,861
25,635
28,076
7,561
40,828
435
164,713
[3,000]
212,412
103,391
34,855
9,353
92,546
244,134
[91,200]
175,631
[66,700]
144,958

143,855

143,855

14,865
152,977

3,410
340,758
33,430
58,163
22,410
1,961
222,208
15,473
11,795
181,731
178,993

14,865
117,932
[–11,200]
[–23,845]
3,410
340,758
33,430
58,163
22,410
1,961
222,208
15,473
11,795
181,731
178,993

20,710

20,710

140,500
28,311
4,502
6,362,102

90,500
[–50,000]
28,311
4,502
6,475,957

91,819

91,819

212,412
103,391
34,855
9,353
92,546
152,934
108,931

934
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

172
173

0604258N
0604759N

174
175
176
179
180

0605126N
0605152N
0605154N
0605804N
0605853N

181
182
183
184
185
186
188
189
190
191

0605856N
0605861N
0605863N
0605864N
0605865N
0605866N
0605873M
0605898N
0606355N
0902498N

194

1206867N

196

0607658N

197
198
199
200
201
203
204
205
206

0607700N
0101221N
0101224N
0101226N
0101402N
0204136N
0204163N
0204228N
0204229N

207
208

0204311N
0204413N

209
210
211
212
213

0204460M
0204571N
0204574N
0204575N
0205601N

214
215
216
217
218
219
220
221
222
223
224
225

0205604N
0205620N
0205632N
0205633N
0205675N
0206313M
0206335M
0206623M
0206624M
0206625M
0206629M
0207161N

226
232

0207163N
0303138N

233
236
237
238
239
240
241
242
243
245
246
247
248
249
250

0303140N
0305192N
0305204N
0305205N
0305208M
0305208N
0305220N
0305231N
0305232M
0305234N
0305239M
0305241N
0305242M
0305421N
0308601N

Item
TARGET SYSTEMS DEVELOPMENT ..........................................................
MAJOR T&E INVESTMENT ...........................................................................
UFR: Critical infrastructure investments for major range and test facilities.
JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ....
STUDIES AND ANALYSIS SUPPORT—NAVY ...........................................
CENTER FOR NAVAL ANALYSES ...............................................................
TECHNICAL INFORMATION SERVICES ...................................................
MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT .............
Unjustified cost growth ..............................................................................
STRATEGIC TECHNICAL SUPPORT ..........................................................
RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ........................
RDT&E SHIP AND AIRCRAFT SUPPORT .................................................
TEST AND EVALUATION SUPPORT ..........................................................
OPERATIONAL TEST AND EVALUATION CAPABILITY .......................
NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ..........
MARINE CORPS PROGRAM WIDE SUPPORT ..........................................
MANAGEMENT HQ—R&D .............................................................................
WARFARE INNOVATION MANAGEMENT ..................................................
MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES).
SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ...........................
SUBTOTAL MANAGEMENT SUPPORT ..........................................
OPERATIONAL SYSTEMS DEVELOPMENT
COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ..............................
UFR: Accelerate Tactical Data Distribution Initiative ..........................
UFR: IFF Mode 5 acceleration .................................................................
DEPLOYABLE JOINT COMMAND AND CONTROL ..................................
STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ...............................
SSBN SECURITY TECHNOLOGY PROGRAM ............................................
SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ...........................
NAVY STRATEGIC COMMUNICATIONS .....................................................
F/A–18 SQUADRONS .......................................................................................
FLEET TELECOMMUNICATIONS (TACTICAL) ........................................
SURFACE SUPPORT .......................................................................................
TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER
(TMPC).
INTEGRATED SURVEILLANCE SYSTEM ..................................................
AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT
CRAFT).
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ................................
CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ......................
CRYPTOLOGIC DIRECT SUPPORT .............................................................
ELECTRONIC WARFARE (EW) READINESS SUPPORT .......................
HARM IMPROVEMENT ..................................................................................
UFR: Weapons Improvement .....................................................................
TACTICAL DATA LINKS ................................................................................
SURFACE ASW COMBAT SYSTEM INTEGRATION .................................
MK–48 ADCAP ...................................................................................................
AVIATION IMPROVEMENTS .........................................................................
OPERATIONAL NUCLEAR POWER SYSTEMS .........................................
MARINE CORPS COMMUNICATIONS SYSTEMS .....................................
COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) ...
MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS
MARINE CORPS COMBAT SERVICES SUPPORT ....................................
USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ...
AMPHIBIOUS ASSAULT VEHICLE .............................................................
TACTICAL AIM MISSILES ............................................................................
UFR: Weapons Improvement .....................................................................
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) .......
CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES
(CANES).
INFORMATION SYSTEMS SECURITY PROGRAM ...................................
MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES .................
TACTICAL UNMANNED AERIAL VEHICLES ...........................................
UAS INTEGRATION AND INTEROPERABILITY .....................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ....................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ....................
MQ–4C TRITON ................................................................................................
MQ–8 UAV ..........................................................................................................
RQ–11 UAV .........................................................................................................
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .......................................
RQ–21A ...............................................................................................................
MULTI-INTELLIGENCE SENSOR DEVELOPMENT ................................
UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ....................
RQ–4 MODERNIZATION ................................................................................
MODELING AND SIMULATION SUPPORT ...............................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

23,053
52,634

23,053
65,634
[13,000]

141
3,917
50,432
782
94,562
4,313
1,104
105,666
373,667
20,298
17,341
21,751
44,279
28,841
1,749

141
3,917
50,432
782
89,062
[–5,500]
4,313
1,104
105,666
373,667
20,298
17,341
21,751
44,279
28,841
1,749

9,408
945,757

9,408
953,257

92,571

3,137
135,219
36,242
12,053
18,221
224,470
33,525
24,829
133,617

121,571
[18,000]
[11,000]
3,137
135,219
36,242
12,053
18,221
224,470
33,525
24,829
133,617

38,972
3,940

38,972
3,940

54,645
66,518
1,155
51,040
87,989

25,364
24,271

54,645
66,518
1,155
51,040
97,989
[10,000]
89,852
29,351
68,553
119,099
127,445
123,825
7,343
66,009
25,258
30,886
58,728
51,884
[9,000]
25,364
24,271

50,269
6,352
7,770
39,736
12,867
46,150
84,115
62,656
2,022
4,835
8,899
99,020
18,578
229,404
5,238

50,269
6,352
7,770
39,736
12,867
46,150
84,115
62,656
2,022
4,835
8,899
99,020
18,578
229,404
5,238

89,852
29,351
68,553
119,099
127,445
123,825
7,343
66,009
25,258
30,886
58,728
42,884

935
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
251
252
253
255

Program
Element
0702207N
0708730N
1203109N
9999999999

Item
DEPOT MAINTENANCE (NON-IF) ...............................................................
MARITIME TECHNOLOGY (MARITECH) ..................................................
SATELLITE COMMUNICATIONS (SPACE) ................................................
CLASSIFIED PROGRAMS ..............................................................................
Classified project 0428 ...............................................................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ......
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL,
NAVY.

1
2
3

0601102F
0601103F
0601108F

4
5

0602102F
0602201F

6

0602202F

7

0602203F

8
9

0602204F
0602298F

10
11
12

0602601F
0602602F
0602605F

13
14

0602788F
0602890F

15
16
17
18

0603112F
0603199F
0603203F
0603211F

19

0603216F

20

0603270F

21

0603401F

22
23

0603444F
0603456F

24
25
26
27

0603601F
0603605F
0603680F
0603788F

28
30
31
33
34
35
36

0603260F
0603742F
0603790F
0603851F
0603859F
0604015F
0604201F

37

0604257F

38
39
40

0604288F
0604317F
0604327F

41

0604414F

44

0604776F

RESEARCH, DEVELOPMENT, TEST & EVAL, AF
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES .............................................................
UNIVERSITY RESEARCH INITIATIVES ...................................................
HIGH ENERGY LASER RESEARCH INITIATIVES ................................
SUBTOTAL BASIC RESEARCH ...........................................................
APPLIED RESEARCH
MATERIALS ......................................................................................................
AEROSPACE VEHICLE TECHNOLOGIES .................................................
Hypersonic wind tunnels ...........................................................................
HUMAN EFFECTIVENESS APPLIED RESEARCH .................................
Advanced training environments ..............................................................
AEROSPACE PROPULSION ..........................................................................
Program increase ........................................................................................
UFR: S&T TOA to 1.9% ...........................................................................
AEROSPACE SENSORS ..................................................................................
SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES.
SPACE TECHNOLOGY ....................................................................................
CONVENTIONAL MUNITIONS ......................................................................
DIRECTED ENERGY TECHNOLOGY ..........................................................
UFR: S&T TOA to 1.9% ...........................................................................
DOMINANT INFORMATION SCIENCES AND METHODS ......................
HIGH ENERGY LASER RESEARCH ..........................................................
SUBTOTAL APPLIED RESEARCH ....................................................
ADVANCED TECHNOLOGY DEVELOPMENT
ADVANCED MATERIALS FOR WEAPON SYSTEMS ...............................
SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ...........................
ADVANCED AEROSPACE SENSORS ...........................................................
AEROSPACE TECHNOLOGY DEV/DEMO ..................................................
UFR: S&T TOA to 1.9% ...........................................................................
AEROSPACE PROPULSION AND POWER TECHNOLOGY ....................
UFR: S&T TOA to 1.9% ...........................................................................
ELECTRONIC COMBAT TECHNOLOGY .....................................................
Software engineering capabilities ..............................................................
ADVANCED SPACECRAFT TECHNOLOGY ................................................
UFR: Commercial SSA consortia/testbed .................................................
MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ....................................
HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.
CONVENTIONAL WEAPONS TECHNOLOGY .............................................
ADVANCED WEAPONS TECHNOLOGY ......................................................
MANUFACTURING TECHNOLOGY PROGRAM .........................................
BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION.
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
INTELLIGENCE ADVANCED DEVELOPMENT .........................................
COMBAT IDENTIFICATION TECHNOLOGY ..............................................
NATO RESEARCH AND DEVELOPMENT ..................................................
INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ......................
POLLUTION PREVENTION—DEM/VAL .....................................................
LONG RANGE STRIKE—BOMBER ..............................................................
INTEGRATED AVIONICS PLANNING AND DEVELOPMENT ................
UFR: GPS Receiver Development .............................................................
ADVANCED TECHNOLOGY AND SENSORS ..............................................
UFR: Hyperspectral Chip Development ...................................................
NATIONAL AIRBORNE OPS CENTER (NAOC) RECAP ..........................
TECHNOLOGY TRANSFER ...........................................................................
HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM
(HDBTDS) PROGRAM.
CYBER RESILIENCY OF WEAPON SYSTEMS-ACS .................................
UFR: Cyber Security & Resiliency for Weapon Systems .......................
DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D .........................

† HR 2810 PAP

FY 2018
Request
38,227
4,808
37,836
1,364,347

Senate
Authorized

3,980,140

38,227
4,808
37,836
1,564,347
[200,000]
4,228,140

17,675,035

18,053,490

342,919
147,923
14,417
505,259

342,919
147,923
14,417
505,259

124,264
124,678

124,264
129,678
[5,000]
133,784
[25,000]
200,695
[5,500]
[2,500]
152,782
8,353

108,784
192,695

152,782
8,353
116,503
112,195
132,993
167,818
43,049
1,284,114

37,856
22,811
40,978
115,966

116,503
112,195
141,293
[8,300]
167,818
43,049
1,330,414

10,433
33,635

37,856
22,811
40,978
121,666
[5,700]
117,999
[13,500]
65,551
[5,000]
73,910
[15,000]
10,433
33,635

167,415
45,502
46,450
49,011

167,415
45,502
46,450
49,011

794,017

833,217

5,652
24,397
3,851
10,736
2
2,003,580
65,458

5,652
24,397
3,851
10,736
2
2,003,580
100,858
[35,400]
83,419
[14,700]
7,850
3,295
17,365

104,499
60,551
58,910

68,719
7,850
3,295
17,365
32,253
26,222

42,453
[10,200]
26,222

936
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

46

0604858F

47
49

0605230F
0207110F

50
52
53
54
55
56

0207455F
0305236F
0306250F
0306415F
0408011F
0901410F

57

1203164F

58
59
60
61
62

1203710F
1206422F
1206425F
1206434F
1206438F

63
64
65
66
67

1206730F
1206760F
1206761F
1206855F
1206857F

68
69
70
71
72
73
74
78
80
81
82
84
85
86

0604200F
0604201F
0604222F
0604270F
0604281F
0604287F
0604329F
0604429F
0604602F
0604604F
0604617F
0604706F
0604735F
0604800F

88
89
90
91
92
94
95
96
100

0604932F
0604933F
0605030F
0605031F
0605213F
0605221F
0605223F
0605229F
0605458F

101
102
103
104
105
109
110
111
112
113
114
115
116
117

0605931F
0101125F
0207171F
0207328F
0207701F
0307581F
0401310F
0401319F
0701212F
1203176F
1203940F
1206421F
1206425F
1206426F

118
119
120

1206431F
1206432F
1206433F

Item
TECH TRANSITION PROGRAM ...................................................................
UFR: Directed Energy Prototyping ..........................................................
UFR: Hypersonics Prototyping .................................................................
UFR: Long-Endurance Aerial Platform Ahead Prototyping ..................
GROUND BASED STRATEGIC DETERRENT ...........................................
NEXT GENERATION AIR DOMINANCE .....................................................
UFR: Penetrating Counter air (PCA) Risk Reduction ...........................
THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) ...................
COMMON DATA LINK EXECUTIVE AGENT (CDL EA) ..........................
CYBER OPERATIONS TECHNOLOGY DEVELOPMENT .........................
ENABLED CYBER ACTIVITIES ...................................................................
SPECIAL TACTICS / COMBAT CONTROL ..................................................
CONTRACTING INFORMATION TECHNOLOGY SYSTEM ......................
Consolidate requirements ...........................................................................
NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT)
(SPACE).
UFR: Military GPS User Equipment INC2 ............................................
EO/IR WEATHER SYSTEMS .........................................................................
WEATHER SYSTEM FOLLOW-ON ...............................................................
SPACE SITUATION AWARENESS SYSTEMS ...........................................
MIDTERM POLAR MILSATCOM SYSTEM .................................................
SPACE CONTROL TECHNOLOGY ................................................................
UFR: Space Defense Force Packaging ......................................................
UFR: Space Enterprise Defense Implementation ....................................
SPACE SECURITY AND DEFENSE PROGRAM ........................................
PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) ...................
PROTECTED TACTICAL SERVICE (PTS) .................................................
PROTECTED SATCOM SERVICES (PSCS)—AGGREGATED ................
OPERATIONALLY RESPONSIVE SPACE ...................................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS ...................
INTEGRATED AVIONICS PLANNING AND DEVELOPMENT ................
NUCLEAR WEAPONS SUPPORT ..................................................................
ELECTRONIC WARFARE DEVELOPMENT ...............................................
TACTICAL DATA NETWORKS ENTERPRISE ..........................................
PHYSICAL SECURITY EQUIPMENT ..........................................................
SMALL DIAMETER BOMB (SDB)—EMD ...................................................
AIRBORNE ELECTRONIC ATTACK ............................................................
ARMAMENT/ORDNANCE DEVELOPMENT ................................................
SUBMUNITIONS ...............................................................................................
AGILE COMBAT SUPPORT ...........................................................................
LIFE SUPPORT SYSTEMS ............................................................................
COMBAT TRAINING RANGES ......................................................................
F–35—EMD ........................................................................................................
SDD plus up ...............................................................................................
LONG RANGE STANDOFF WEAPON ..........................................................
ICBM FUZE MODERNIZATION ...................................................................
JOINT TACTICAL NETWORK CENTER (JTNC) .......................................
JOINT TACTICAL NETWORK (JTN) ...........................................................
F–22 MODERNIZATION INCREMENT 3.2B ...............................................
KC–46 ..................................................................................................................
ADVANCED PILOT TRAINING .....................................................................
COMBAT RESCUE HELICOPTER ...............................................................
AIR & SPACE OPS CENTER 10.2 RDT&E .................................................
Restructure of program ..............................................................................
B–2 DEFENSIVE MANAGEMENT SYSTEM ...............................................
NUCLEAR WEAPONS MODERNIZATION ..................................................
F–15 EPAWSS ...................................................................................................
STAND IN ATTACK WEAPON .......................................................................
FULL COMBAT MISSION TRAINING ..........................................................
JSTARS RECAP ................................................................................................
C–32 EXECUTIVE TRANSPORT RECAPITALIZATION ..........................
PRESIDENTIAL AIRCRAFT RECAPITALIZATION (PAR) .....................
AUTOMATED TEST SYSTEMS .....................................................................
COMBAT SURVIVOR EVADER LOCATOR .................................................
SPACE SITUATION AWARENESS OPERATIONS ....................................
COUNTERSPACE SYSTEMS ..........................................................................
SPACE SITUATION AWARENESS SYSTEMS ...........................................
SPACE FENCE ..................................................................................................
UFR: Space Fence Site 1 & Ground Based Operational Surveillance
System.
ADVANCED EHF MILSATCOM (SPACE) ....................................................
POLAR MILSATCOM (SPACE) ......................................................................
WIDEBAND GLOBAL SATCOM (SPACE) ...................................................
UFR: Fix wideband Ka Anti-jam Enhancement (KAJE) ......................

† HR 2810 PAP

FY 2018
Request
840,650

215,721
294,746
10,645
41,509
226,287
16,687
4,500
15,867
253,939

10,000
112,088
34,764
63,092
7,842

41,385
18,150
24,201
16,000
87,577
4,605,030

5,100
101,203
3,009
2,241
38,250
19,739
38,979
7,091
46,540
2,705
31,240
9,060
87,350
292,947
451,290
178,991
12,736
9,319
13,600
93,845
105,999
354,485
119,745
194,570
91,237
209,847
3,400
16,727
417,201
6,017
434,069
18,528
24,967
10,029
66,370
48,448
35,937

145,610
33,644
14,263

Senate
Authorized
935,650
[70,000]
[10,000]
[15,000]
215,721
441,746
[147,000]
10,645
41,509
226,287
16,687
4,500
0
[–15,867]
352,439
[98,500]
10,000
112,088
34,764
63,092
128,642
[113,800]
[7,000]
41,385
18,150
24,201
16,000
87,577
5,110,763

5,100
101,203
3,009
2,241
38,250
19,739
38,979
7,091
46,540
2,705
31,240
9,060
87,350
464,947
[172,000]
451,290
178,991
12,736
9,319
13,600
93,845
105,999
354,485
14,945
[–104,800]
194,570
91,237
209,847
3,400
16,727
417,201
6,017
434,069
18,528
24,967
10,029
66,370
48,448
62,837
[26,900]
145,610
33,644
51,263
[37,000]

937
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

121

1206441F

122
123

1206442F
1206853F

124
125

0604256F
0604759F

126
128
129

0605101F
0605712F
0605807F

130
131
132
133
134
135
136
137
140
141

0605826F
0605827F
0605828F
0605829F
0605830F
0605831F
0605832F
0605833F
0605898F
0605976F

142
143

0605978F
0606017F

146
147
148
150
151
152
153
154

0308602F
0702806F
0804731F
1001004F
1206116F
1206392F
1206398F
1206860F

155

1206864F

157
158
159
161

0604222F
0604233F
0604445F
0605018F

162
163
164
165
166
167
168
169
170

0605024F
0605117F
0605278F
0606018F
0101113F
0101122F
0101126F
0101127F
0101213F

171

0101313F

173

0101316F

174
176
177

0101324F
0102110F
0102326F

179
182
183

0205219F
0207131F
0207133F

184
185
186
187

0207134F
0207136F
0207138F
0207142F

Item
SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ...................
UFR: Fix upgrades Space Based Infrared System .................................
EVOLVED SBIRS .............................................................................................
EVOLVED
EXPENDABLE
LAUNCH
VEHICLE
PROGRAM
(SPACE)—EMD.
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ....................................................
MAJOR T&E INVESTMENT ...........................................................................
Advanced weapons system testing capabilities .........................................
UFR: Weapon System Cyber Resiliency-TE ............................................
RAND PROJECT AIR FORCE .......................................................................
INITIAL OPERATIONAL TEST & EVALUATION .....................................
TEST AND EVALUATION SUPPORT ..........................................................
UFR: 4th Gen Mods ...................................................................................
UFR: Weapon System Cyber Resiliency-TE ............................................
ACQ WORKFORCE- GLOBAL POWER ........................................................
ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS .................................
ACQ WORKFORCE- GLOBAL REACH .........................................................
ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS .............................
ACQ WORKFORCE- GLOBAL BATTLE MGMT .........................................
ACQ WORKFORCE- CAPABILITY INTEGRATION ...................................
ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY .........................
ACQ WORKFORCE- NUCLEAR SYSTEMS .................................................
MANAGEMENT HQ—R&D .............................................................................
FACILITIES RESTORATION AND MODERNIZATION—TEST AND
EVALUATION SUPPORT.
FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT
REQUIREMENTS ANALYSIS AND MATURATION ..................................
UFR: Modeling and Simulation Joint Simulation Environment .........
UFR:AS2030 Planning for Development .................................................
ENTEPRISE INFORMATION SERVICES (EIS) ........................................
ACQUISITION AND MANAGEMENT SUPPORT ........................................
GENERAL SKILL TRAINING ........................................................................
INTERNATIONAL ACTIVITIES ....................................................................
SPACE TEST AND TRAINING RANGE DEVELOPMENT .......................
SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE ........
SPACE & MISSILE SYSTEMS CENTER—MHA .......................................
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) .................................
UFR: Rocket System Launch Program (RSLP) ......................................
SPACE TEST PROGRAM (STP) ....................................................................
SUBTOTAL MANAGEMENT SUPPORT ..........................................
OPERATIONAL SYSTEMS DEVELOPMENT
NUCLEAR WEAPONS SUPPORT ..................................................................
SPECIALIZED UNDERGRADUATE FLIGHT TRAINING .......................
WIDE AREA SURVEILLANCE ......................................................................
AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ...........
Consolidate requirements ...........................................................................
ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ...........................
FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ................
HC/MC–130 RECAP RDT&E ...........................................................................
NC3 INTEGRATION .........................................................................................
B–52 SQUADRONS ...........................................................................................
AIR-LAUNCHED CRUISE MISSILE (ALCM) .............................................
B–1B SQUADRONS ..........................................................................................
B–2 SQUADRONS .............................................................................................
MINUTEMAN SQUADRONS ...........................................................................
Requested transfer: Ground and Comms Equipment ..............................
Requested transfer: ICBM Cryptography Upgrade II .............................
INTEGRATED STRATEGIC PLANNING AND ANALYSIS NETWORK
(ISPAN)—USSTRATCOM.
WORLDWIDE JOINT STRATEGIC COMMUNICATIONS .........................
UFR: NC3—Global Assured Communications CBA Execution .............
INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK ......
UH–1N REPLACEMENT PROGRAM ............................................................
REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.
MQ–9 UAV ..........................................................................................................
A–10 SQUADRONS ...........................................................................................
F–16 SQUADRONS ...........................................................................................
UFR: F–16 MIDS-JTRS ...........................................................................
F–15E SQUADRONS ........................................................................................
MANNED DESTRUCTIVE SUPPRESSION .................................................
F–22A SQUADRONS ........................................................................................
F–35 SQUADRONS ...........................................................................................

† HR 2810 PAP

FY 2018
Request
311,844

Senate
Authorized

71,018
297,572

324,644
[12,800]
71,018
297,572

4,476,762

4,620,662

35,405
82,874

35,405
102,874
[15,000]
[5,000]
34,346
15,523
705,689
[23,000]
[4,400]
219,809
223,179
138,556
221,393
152,577
196,561
28,322
126,611
9,154
135,507

34,346
15,523
678,289

219,809
223,179
138,556
221,393
152,577
196,561
28,322
126,611
9,154
135,507
28,720
35,453

29,049
14,980
1,434
4,569
25,773
169,887
9,531
20,975
25,398
2,663,875

27,579
5,776
16,247
21,915
33,150
66,653
38,579
12,636
111,910
463
62,471
193,108
210,845

25,736
6,272
11,032
108,617
3,347
201,394
17,459
246,578
320,271
15,106
610,942
334,530

28,720
135,453
[70,000]
[30,000]
29,049
14,980
1,434
4,569
25,773
169,887
9,531
34,275
[13,300]
25,398
2,824,575

27,579
5,776
16,247
0
[–21,915]
33,150
66,653
38,579
12,636
111,910
463
62,471
193,108
210,845
[–20,000]
[20,000]
25,736
10,272
[4,000]
11,032
108,617
3,347
201,394
17,459
271,578
[25,000]
320,271
15,106
610,942
334,530

938
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

188

0207161F

189
191
193
194

0207163F
0207227F
0207249F
0207253F

195
197
198
199
200
201
203
204
205
206
207
208
209
210
211
212
213
214
215
218
219
227

0207268F
0207325F
0207410F
0207412F
0207417F
0207418F
0207431F
0207444F
0207448F
0207452F
0207573F
0207590F
0207601F
0207605F
0207697F
0208006F
0208007F
0208087F
0208088F
0301017F
0301112F
0301401F

228
230

0302015F
0303131F

231
232
233
236
237
240
241
243
244

0303140F
0303141F
0303142F
0304260F
0304310F
0305020F
0305099F
0305111F
0305114F

245
248
250
257
259
260
261
262
263
265
266
269

0305116F
0305128F
0305146F
0305202F
0305206F
0305207F
0305208F
0305220F
0305221F
0305238F
0305240F
0305600F

271
275
276
278
279
280
281

0305881F
0305984F
0307577F
0401115F
0401119F
0401130F
0401132F

282
283
284
285
286

0401134F
0401218F
0401219F
0401314F
0401318F

287
288
289
290
291

0401840F
0408011F
0702207F
0708055F
0708610F

Item
TACTICAL AIM MISSILES ............................................................................
Pulsed rocket motor technologies ...............................................................
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) .......
COMBAT RESCUE—PARARESCUE ............................................................
PRECISION ATTACK SYSTEMS PROCUREMENT ..................................
COMPASS CALL ...............................................................................................
UFR: Baseline 3 (BL3) Advanced Radar Countermeasure System .......
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ..........
JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ....................
AIR & SPACE OPERATIONS CENTER (AOC) ...........................................
CONTROL AND REPORTING CENTER (CRC) ..........................................
AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ...................
TACTICAL AIRBORNE CONTROL SYSTEMS ............................................
COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...........................
TACTICAL AIR CONTROL PARTY-MOD .....................................................
C2ISR TACTICAL DATA LINK ......................................................................
DCAPES ..............................................................................................................
NATIONAL TECHNICAL NUCLEAR FORENSICS ....................................
SEEK EAGLE ....................................................................................................
USAF MODELING AND SIMULATION ........................................................
WARGAMING AND SIMULATION CENTERS ............................................
DISTRIBUTED TRAINING AND EXERCISES ..........................................
MISSION PLANNING SYSTEMS ...................................................................
TACTICAL DECEPTION .................................................................................
AF OFFENSIVE CYBERSPACE OPERATIONS .........................................
AF DEFENSIVE CYBERSPACE OPERATIONS .........................................
GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ......................
NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES) ..................
AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR
BATTLESPACE AWARENESS.
E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ............
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).
Requested transfer: Global ASNT Incr 2 and CVR .................................
Requested transfer: Global ASNT Increment 1 ........................................
INFORMATION SYSTEMS SECURITY PROGRAM ...................................
GLOBAL COMBAT SUPPORT SYSTEM ......................................................
GLOBAL FORCE MANAGEMENT—DATA INITIATIVE ..........................
AIRBORNE SIGINT ENTERPRISE ..............................................................
COMMERCIAL ECONOMIC ANALYSIS .......................................................
CCMD INTELLIGENCE INFORMATION TECHNOLOGY ........................
GLOBAL AIR TRAFFIC MANAGEMENT (GATM) .....................................
WEATHER SERVICE ......................................................................................
AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM
(ATCALS).
AERIAL TARGETS ...........................................................................................
SECURITY AND INVESTIGATIVE ACTIVITIES .......................................
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ..................
DRAGON U–2 ....................................................................................................
AIRBORNE RECONNAISSANCE SYSTEMS ...............................................
MANNED RECONNAISSANCE SYSTEMS ...................................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ....................
RQ–4 UAV ...........................................................................................................
NETWORK-CENTRIC COLLABORATIVE TARGETING ...........................
NATO AGS ..........................................................................................................
SUPPORT TO DCGS ENTERPRISE .............................................................
INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES.
RAPID CYBER ACQUISITION .......................................................................
PERSONNEL RECOVERY COMMAND & CTRL (PRC2) ..........................
INTELLIGENCE MISSION DATA (IMD) .....................................................
C–130 AIRLIFT SQUADRON ..........................................................................
C–5 AIRLIFT SQUADRONS (IF) ...................................................................
C–17 AIRCRAFT (IF) .......................................................................................
C–130J PROGRAM ............................................................................................
Available prior year funds .........................................................................
LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ......................
KC–135S ..............................................................................................................
KC–10S ................................................................................................................
OPERATIONAL SUPPORT AIRLIFT ...........................................................
CV–22 ...................................................................................................................
UFR: CV–22 Aircraft Survivability and Availability ............................
UFR: CV–22 Integrated Modula Avionics ................................................
AMC COMMAND AND CONTROL SYSTEM ................................................
SPECIAL TACTICS / COMBAT CONTROL .................................................
DEPOT MAINTENANCE (NON-IF) ...............................................................
MAINTENANCE, REPAIR & OVERHAUL SYSTEM .................................
LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .............................

† HR 2810 PAP

FY 2018
Request
34,952

Senate
Authorized

109,243
29,932
26,956
2,450
151,726
3,656
13,420
10,623
1,754
17,382
2,307
25,397
10,175
12,839
4,190
85,531
3,761
35,693
20,964
3,549
4,371
3,721

54,952
[20,000]
61,322
693
1,714
34,240
[20,200]
109,243
29,932
26,956
2,450
151,726
3,656
13,420
10,623
1,754
17,382
2,307
25,397
10,175
12,839
4,190
85,531
3,761
35,693
20,964
3,549
4,371
3,721

35,467
48,841

35,467
48,841

42,973
105
2,147
121,948
3,544
1,542
4,453
26,654
6,306

[–21,100]
[21,100]
42,973
105
2,147
121,948
3,544
1,542
4,453
26,654
6,306

21,295
415
3,867
34,486
4,450
14,269
27,501
214,849
18,842
44,729
26,349
3,491

21,295
415
3,867
34,486
4,450
14,269
27,501
214,849
18,842
44,729
26,349
3,491

4,899
2,445
8,684
10,219
22,758
34,287
26,821

4,899
2,445
8,684
10,219
22,758
34,287
20,421
[–6,400]
5,283
9,942
7,933
6,681
36,519
[7,000]
[7,000]
3,510
8,090
1,528
31,677
33,344

61,322
693
1,714
14,040

5,283
9,942
7,933
6,681
22,519

3,510
8,090
1,528
31,677
33,344

939
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

292
293
294
295
296
297
298
299

0708611F
0804743F
0808716F
0901202F
0901218F
0901220F
0901226F
0901538F

300
301
302
303
305

1201921F
1202247F
1203001F
1203110F
1203165F

306

1203173F

307

1203174F

308
309
310

1203179F
1203182F
1203265F

311
312

1203400F
1203614F

313

1203620F

314
315
316
317

1203699F
1203906F
1203913F
1203940F

318

1206423F

320

9999999999

1
2
3
4
5

0601000BR
0601101E
0601110D8Z
0601117E
0601120D8Z

6

0601228D8Z

7

0601384BP

8
9
11
12

0602000D8Z
0602115E
0602234D8Z
0602251D8Z

13
14
15
16
17

0602303E
0602383E
0602384BP
0602668D8Z
0602702E

18
19

0602715E
0602716E

20

0602718BR

21

0602751D8Z

22

1160401BB

Item
SUPPORT SYSTEMS DEVELOPMENT .......................................................
OTHER FLIGHT TRAINING ..........................................................................
OTHER PERSONNEL ACTIVITIES .............................................................
JOINT PERSONNEL RECOVERY AGENCY ................................................
CIVILIAN COMPENSATION PROGRAM ......................................................
PERSONNEL ADMINISTRATION .................................................................
AIR FORCE STUDIES AND ANALYSIS AGENCY ....................................
FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.
SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES .................
AF TENCAP .......................................................................................................
FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) ............................
SATELLITE CONTROL NETWORK (SPACE) ............................................
NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL
SEGMENTS).
SPACE AND MISSILE TEST AND EVALUATION CENTER ..................
UFR: Space Enterprise Defense Implementation ....................................
SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY
DEVELOPMENT.
INTEGRATED BROADCAST SERVICE (IBS) ............................................
SPACELIFT RANGE SYSTEM (SPACE) .....................................................
GPS III SPACE SEGMENT ............................................................................
UFR: GPS satellite simulator (GSS) .......................................................
SPACE SUPERIORITY INTELLIGENCE ....................................................
JSPOC MISSION SYSTEM .............................................................................
UFR: Space Enterprise Defense Implementation ....................................
NATIONAL SPACE DEFENSE CENTER .....................................................
UFR: Fix Enterprise Space BMC2 ...........................................................
SHARED EARLY WARNING (SEW) .............................................................
NCMC—TW/AA SYSTEM .................................................................................
NUDET DETECTION SYSTEM (SPACE) ....................................................
SPACE SITUATION AWARENESS OPERATIONS ....................................
UFR: Space Fence Site 1 & Ground Based Operational Surveillance
System.
GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL
SEGMENT.
CLASSIFIED PROGRAMS ..............................................................................
Program increase ........................................................................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ......
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF ....
RESEARCH, DEVELOPMENT, TEST & EVAL, DW
BASIC RESEARCH
DTRA BASIC RESEARCH ..............................................................................
DEFENSE RESEARCH SCIENCES .............................................................
BASIC RESEARCH INITIATIVES ................................................................
BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE .....................
NATIONAL DEFENSE EDUCATION PROGRAM .......................................
Evidence based military child STEM education .....................................
Manufacturing Engineering Education Program ....................................
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.
STEM support for minority women .........................................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...........................
SUBTOTAL BASIC RESEARCH ...........................................................
APPLIED RESEARCH
JOINT MUNITIONS TECHNOLOGY .............................................................
BIOMEDICAL TECHNOLOGY .......................................................................
LINCOLN LABORATORY RESEARCH PROGRAM ...................................
APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES.
INFORMATION & COMMUNICATIONS TECHNOLOGY ..........................
BIOLOGICAL WARFARE DEFENSE ...........................................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...........................
CYBER SECURITY RESEARCH ...................................................................
TACTICAL TECHNOLOGY .............................................................................
General decrease ..........................................................................................
MATERIALS AND BIOLOGICAL TECHNOLOGY ......................................
ELECTRONICS TECHNOLOGY .....................................................................
Unjustified growth ......................................................................................
COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH.
SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.
SOF TECHNOLOGY DEVELOPMENT .........................................................
SUBTOTAL APPLIED RESEARCH ....................................................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

9,362
2,074
107
2,006
3,780
7,472
1,563
91,211

9,362
2,074
107
2,006
3,780
7,472
1,563
91,211

14,255
31,914
32,426
18,808
10,029

14,255
31,914
32,426
18,808
10,029

25,051

65,051
[40,000]
11,390

11,390
8,747
10,549
243,435
12,691
99,455
18,052
1,373
5,000
31,508
99,984

8,747
10,549
283,735
[40,300]
12,691
147,955
[48,500]
86,052
[68,000]
1,373
5,000
31,508
140,784
[40,800]

510,938

510,938

14,938,002
20,585,302

14,974,002
[36,000]
20,913,787

34,914,359

36,138,677

37,201
432,347
40,612
43,126
74,298

25,865

37,201
432,347
40,612
43,126
99,298
[5,000]
[20,000]
27,865

43,898
697,347

[2,000]
43,898
724,347

19,111
109,360
49,748
49,226

19,111
109,360
49,748
49,226

392,784
13,014
201,053
14,775
343,776

157,908

392,784
13,014
201,053
14,775
328,776
[–15,000]
224,440
285,447
[–10,000]
157,908

8,955

8,955

34,493
1,914,090

34,493
1,889,090

224,440
295,447

940
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

23
24
25
26

0603000D8Z
0603122D8Z
0603133D8Z
0603160BR

27
29
31
32
35
36
37

0603176C
0603178C
0603180C
0603225D8Z
0603286E
0603287E
0603288D8Z

38
39
40
41
42
43

0603289D8Z
0603291D8Z
0603294C
0603342D8W
0603375D8Z
0603384BP

44
45
46
47
48

0603527D8Z
0603618D8Z
0603648D8Z
0603662D8Z
0603680D8Z

49
50
51
53

0603680S
0603699D8Z
0603712S
0603716D8Z

54

0603720S

55
56
57
58
59
60

0603727D8Z
0603739E
0603760E
0603766E
0603767E
0603769D8Z

62
63
64
65
66

0603781D8Z
0603826D8Z
0603833D8Z
0603941D8Z
0604055D8Z

67
68

0303310D8Z
1160402BB

69

0603161D8Z

70
72
73

0603600D8Z
0603821D8Z
0603851D8Z

74
75

0603881C
0603882C

76
77

0603884BP
0603884C

78

0603890C

79
80
83

0603891C
0603892C
0603896C

Item

ADVANCED TECHNOLOGY DEVELOPMENT
JOINT MUNITIONS ADVANCED TECHNOLOGY ......................................
COMBATING TERRORISM TECHNOLOGY SUPPORT ............................
FOREIGN COMPARATIVE TESTING ..........................................................
COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT ............
WEAPONS TECHNOLOGY .............................................................................
ADVANCED RESEARCH ................................................................................
JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT .........
ADVANCED AEROSPACE SYSTEMS ...........................................................
SPACE PROGRAMS AND TECHNOLOGY ...................................................
ANALYTIC ASSESSMENTS ...........................................................................
General decrease ..........................................................................................
ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS .........................
ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA ............
COMMON KILL VEHICLE TECHNOLOGY .................................................
DEFENSE INNOVATION UNIT EXPERIMENTAL (DIUX) .....................
TECHNOLOGY INNOVATION ........................................................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED
DEVELOPMENT.
RETRACT LARCH ............................................................................................
JOINT ELECTRONIC ADVANCED TECHNOLOGY ...................................
JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS .....................
NETWORKED COMMUNICATIONS CAPABILITIES ................................
DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY
PROGRAM.
Improve productivity of defense industrial base ......................................
Partnership between MEP centers and Manufacturing USA Institutes
Manufacturing USA institutes ..................................................................
MANUFACTURING TECHNOLOGY PROGRAM .........................................
EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ..............
GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS .......
STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ......................
Readiness increase ......................................................................................
MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.
Supply chain assurance .............................................................................
JOINT WARFIGHTING PROGRAM ..............................................................
ADVANCED ELECTRONICS TECHNOLOGIES .........................................
COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS .................
NETWORK-CENTRIC WARFARE TECHNOLOGY .....................................
SENSOR TECHNOLOGY .................................................................................
DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.
SOFTWARE ENGINEERING INSTITUTE ..................................................
QUICK REACTION SPECIAL PROJECTS ..................................................
ENGINEERING SCIENCE & TECHNOLOGY .............................................
TEST & EVALUATION SCIENCE & TECHNOLOGY ................................
OPERATIONAL ENERGY CAPABILITY IMPROVEMENT .......................
Readiness increase ......................................................................................
CWMD SYSTEMS ..............................................................................................
SOF ADVANCED TECHNOLOGY DEVELOPMENT ..................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.
WALKOFF ..........................................................................................................
ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES ....
ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.
Readiness increase ......................................................................................
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT ..
BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT
UFR: Discrimination .................................................................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL .....
BALLISTIC MISSILE DEFENSE SENSORS ..............................................
UFR: Discrimination .................................................................................
BMD ENABLING PROGRAMS .......................................................................
UFR: Discrimination .................................................................................
UFR: High Fidelity Modeling and Simulation .......................................
SPECIAL PROGRAMS—MDA ........................................................................
AEGIS BMD .......................................................................................................
BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI.

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

25,627
76,230
24,199
268,607

25,627
76,230
24,199
268,607

12,996
5,495
20,184
18,662
155,406
247,435
13,154
37,674
15,000
252,879
29,594
59,863
145,359

12,996
5,495
20,184
18,662
155,406
247,435
8,154
[–5,000]
37,674
15,000
252,879
29,594
59,863
145,359

171,120
14,389
105,871
12,661
136,159

171,120
14,389
105,871
12,661
191,159

219,803

[20,000]
[15,000]
[20,000]
40,511
57,876
10,611
81,832
[10,000]
299,803

6,349
79,173
106,787
439,386
210,123
11,211

[80,000]
6,349
79,173
106,787
439,386
210,123
11,211

40,511
57,876
10,611
71,832

15,047
69,203
25,395
89,586
38,403
33,382
72,605
3,445,847

15,047
69,203
25,395
89,586
48,403
[10,000]
33,382
72,605
3,595,847

32,937

32,937

101,714
2,198
54,583

101,714
2,198
64,583

230,162
828,097
148,518
247,345
449,442

320,190
852,052
430,115

[10,000]
230,162
850,093
[21,996]
148,518
305,207
[57,862]
478,886
[23,342]
[6,102]
320,190
852,052
430,115

941
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

84
85

0603898C
0603904C

86
87
88

0603906C
0603907C
0603913C

89
90
91
92
93

0603914C
0603915C
0603920D8Z
0603923D8Z
0604016D8Z

94
95
96
97
98
99
100

0604115C
0604132D8Z
0604181C
0604250D8Z
0604294D8Z
0604331D8Z
0604342D8Z

101

0604400D8Z

102
104

0604682D8Z
0604826J

105
106

0604873C
0604874C

107

0604876C

108

0604878C

109
110

0604879C
0604880C

111
112
113
114
115
116
117

0604881C
0604887C
0604894C
0303191D8Z
0305103C
1206893C
1206895C

262

888888

118

0604161D8Z

119
120
122
123

0604165D8Z
0604384BP
0604771D8Z
0605000BR

124
125
126
127

0605013BL
0605021SE
0605022D8Z
0605027D8Z

128

0605070S

129
130
131
133

0605075D8Z
0605080S
0605090S
0605210D8Z

134
135
136

0605294D8Z
0303141K
0305304D8Z

137

0305310D8Z

Item
BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ...
MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER
(MDIOC).
REGARDING TRENCH ...................................................................................
SEA BASED X-BAND RADAR (SBX) ...........................................................
ISRAELI COOPERATIVE PROGRAMS ........................................................
Arrow ...........................................................................................................
Arrow Upper Tier flight test .....................................................................
Arrow-Upper Tier .......................................................................................
David’s Sling ..............................................................................................
BALLISTIC MISSILE DEFENSE TEST ......................................................
BALLISTIC MISSILE DEFENSE TARGETS ..............................................
HUMANITARIAN DEMINING ........................................................................
COALITION WARFARE ...................................................................................
DEPARTMENT OF DEFENSE CORROSION PROGRAM .........................
DOD Corrosion Program ...........................................................................
TECHNOLOGY MATURATION INITIATIVES ............................................
MISSILE DEFEAT PROJECT .......................................................................
HYPERSONIC DEFENSE ...............................................................................
ADVANCED INNOVATIVE TECHNOLOGIES .............................................
TRUSTED & ASSURED MICROELECTRONICS .......................................
RAPID PROTOTYPING PROGRAM ..............................................................
DEFENSE TECHNOLOGY OFFSET .............................................................
Directed energy ...........................................................................................
DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT.
WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) .....
JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND
INTEROPERABILITY ASSESSMENTS.
LONG RANGE DISCRIMINATION RADAR (LRDR) .................................
IMPROVED HOMELAND DEFENSE INTERCEPTORS ...........................
UFR: C3 Booster Development ..................................................................
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT
TEST.
AEGIS BMD TEST ...........................................................................................
UFR: Anti-Air Warfare Capability ..........................................................
BALLISTIC MISSILE DEFENSE SENSOR TEST ....................................
LAND-BASED SM–3 (LBSM3) .......................................................................
UFR: Anti-Air Warfare Capability ..........................................................
AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ..........................................
BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST .......
MULTI-OBJECT KILL VEHICLE .................................................................
JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ...........
CYBER SECURITY INITIATIVE ...................................................................
SPACE TRACKING & SURVEILLANCE SYSTEM .....................................
BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ..........
UFR: Space Based Sensor .........................................................................
GROUND-LAUNCHED INTERMEDIATE RANGE MISSILE ...................
Ground-Launched Intermediate Range Missile ........................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT
AND PROTOTYPES.
SYSTEM DEVELOPMENT AND DEMONSTRATION
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.
PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ..................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ..............
JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS)
COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT.
INFORMATION TECHNOLOGY DEVELOPMENT .....................................
HOMELAND PERSONNEL SECURITY INITIATIVE ...............................
DEFENSE EXPORTABILITY PROGRAM ...................................................
OUSD(C) IT DEVELOPMENT INITIATIVES ..............................................
Find COTS solution ...................................................................................
DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION.
DCMO POLICY AND INTEGRATION ...........................................................
DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM ........
DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) ...........
DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES .....
Consolidate requirements ...........................................................................
TRUSTED & ASSURED MICROELECTRONICS .......................................
GLOBAL COMBAT SUPPORT SYSTEM ......................................................
DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT
(EEIM).
CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION.

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

48,954
53,265

48,954
53,265

9,113
130,695
105,354

3,967

9,113
130,695
373,804
[71,460]
[105,000]
[28,140]
[63,850]
305,791
410,425
10,837
10,740
13,837
[10,000]
128,406
98,369
75,300
1,175,832
83,626
100,000
200,000
[200,000]
3,967

3,833
23,638

3,833
23,638

357,659
465,530

357,659
545,530
[80,000]
36,239

305,791
410,425
10,837
10,740
3,837
128,406
98,369
75,300
1,175,832
83,626
100,000
0

36,239
134,468

7,736,741

160,819
[26,351]
84,239
97,761
[67,275]
9,739
76,757
6,500
2,902
986
34,907
44,494
[27,500]
65,000
[65,000]
8,600,619

12,536

12,536

201,749
406,789
15,358
6,241

201,749
406,789
15,358
6,241

12,322
4,893
3,162
21,353

12,322
4,893
3,162
19,353
[–2,000]
6,266

84,239
30,486
9,739
76,757
6,500
2,902
986
34,907
16,994
0

6,266
2,810
24,436
13,475
11,870
61,084
2,576
3,669

2,810
24,436
13,475
0
[–11,870]
61,084
2,576
3,669

8,230

8,230

942
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

Item
SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION.

138
139
140

0604774D8Z
0604875D8Z
0604940D8Z

141

0604942D8Z

142
143
144
145

0605001E
0605100D8Z
0605104D8Z
0605126J

147
148
149
150
151
152
161

0605142D8Z
0605151D8Z
0605161D8Z
0605170D8Z
0605200D8Z
0605384BP
0605790D8Z

162
163
164

0605798D8Z
0605801KA
0605803SE

165

0605804D8Z

166
167

0605898E
0605998KA

168
169
170
171
174
175
177
180
181
183

0606100D8Z
0606225D8Z
0203345D8Z
0204571J
0303166J
0303260D8Z
0305172K
0305245D8Z
0306310D8Z
0804767J

184
186
187

0901598C
9999999999
0903235K

188
189

0604130V
0605127T

190

0605147T

191
192
193

0607210D8Z
0607310D8Z
0607327T

194

0607384BP

195
196
198
202
203

0208043J
0208045K
0301144K
0302016K
0302019K

204
205

0303126K
0303131K

206
207
208
209
210
211
214
216

0303135G
0303136G
0303140D8Z
0303140G
0303150K
0303153K
0303228K
0303430K

MANAGEMENT SUPPORT
DEFENSE READINESS REPORTING SYSTEM (DRRS) ........................
JOINT SYSTEMS ARCHITECTURE DEVELOPMENT .............................
CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT
(CTEIP).
ASSESSMENTS AND EVALUATIONS .........................................................
Classified assessment ..................................................................................
MISSION SUPPORT .........................................................................................
JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ..........
TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...............................
JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).
SYSTEMS ENGINEERING .............................................................................
STUDIES AND ANALYSIS SUPPORT—OSD .............................................
NUCLEAR MATTERS-PHYSICAL SECURITY ...........................................
SUPPORT TO NETWORKS AND INFORMATION INTEGRATION ........
GENERAL SUPPORT TO USD (INTELLIGENCE) ...................................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...........................
SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER.
DEFENSE TECHNOLOGY ANALYSIS .........................................................
DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ....................
R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION.
DEVELOPMENT TEST AND EVALUATION ...............................................
Software testing capabilities ......................................................................
MANAGEMENT HQ—R&D .............................................................................
MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC).
BUDGET AND PROGRAM ASSESSMENTS ...............................................
ODNA TECHNOLOGY AND RESOURCE ANALYSIS ................................
DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ....................
JOINT STAFF ANALYTICAL SUPPORT .....................................................
SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES .....
DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) ....
COMBINED ADVANCED APPLICATIONS ..................................................
INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS
CWMD SYSTEMS: RDT&E MANAGEMENT SUPPORT ...........................
COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—MHA.
MANAGEMENT HQ—MDA .............................................................................
CLASSIFIED PROGRAMS ..............................................................................
JOINT SERVICE PROVIDER (JSP) .............................................................
SUBTOTAL MANAGEMENT SUPPORT ..........................................
OPERATIONAL SYSTEM DEVELOPMENT
ENTERPRISE SECURITY SYSTEM (ESS) .................................................
REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA.
OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS).
INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT ........
CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT ...........
GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS).
CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).
PLANNING AND DECISION AID SYSTEM (PDAS) ..................................
C4I INTEROPERABILITY ..............................................................................
JOINT/ALLIED COALITION INFORMATION SHARING .........................
NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT .............
DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.
LONG-HAUL COMMUNICATIONS—DCS ....................................................
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).
PUBLIC KEY INFRASTRUCTURE (PKI) ...................................................
KEY MANAGEMENT INFRASTRUCTURE (KMI) .....................................
INFORMATION SYSTEMS SECURITY PROGRAM ...................................
INFORMATION SYSTEMS SECURITY PROGRAM ...................................
GLOBAL COMMAND AND CONTROL SYSTEM .........................................
DEFENSE SPECTRUM ORGANIZATION ...................................................
JOINT INFORMATION ENVIRONMENT (JIE) ..........................................
FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY.

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

818,819

804,949

6,941
4,851
211,325

6,941
4,851
211,325

30,144
63,769
91,057
22,386
36,581

130,144
[100,000]
63,769
91,057
22,386
36,581

37,622
5,200
5,232
12,583
31,451
104,348
2,372

37,622
5,200
5,232
12,583
31,451
104,348
2,372

24,365
54,145
30,356

24,365
54,145
30,356

20,571
14,017
4,187

25,571
[5,000]
14,017
4,187

3,992
1,000
2,551
7,712
673
1,006
16,998
18,992
1,231
44,500

3,992
1,000
2,551
7,712
673
1,006
16,998
18,992
1,231
44,500

29,947
63,312
5,113
1,010,530

29,947
63,312
5,113
1,115,530

4,565
1,871

4,565
1,871

298

298

10,882
7,222
14,450

10,882
7,222
14,450

45,677

45,677

3,037
59,490
6,104
1,863
21,564

3,037
59,490
6,104
1,863
21,564

15,428
15,855

15,428
15,855

4,811
33,746
9,415
227,652
42,687
8,750
4,689
50,000

4,811
33,746
9,415
227,652
42,687
8,750
4,689
50,000

943
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

222
227
228
230
233
236
237
243
245
246
248

0305103K
0305186D8Z
0305199D8Z
0305208BB
0305208K
0305327V
0305387D8Z
0307577D8Z
0708012S
0708047S
1105219BB

251

1160403BB

252
253

1160405BB
1160408BB

254
255
256
257
258

1160431BB
1160432BB
1160434BB
1160480BB
1160483BB

259
260
261
262

1160489BB
1160490BB
1203610K
9999999999

1
2
3

999

0605118OTE
0605131OTE
0605814OTE

999999

Item

FY 2018
Request

Senate
Authorized

CYBER SECURITY INITIATIVE ...................................................................
POLICY R&D PROGRAMS .............................................................................
NET CENTRICITY ............................................................................................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ....................
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ....................
INSIDER THREAT ...........................................................................................
HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM .........
INTELLIGENCE MISSION DATA (IMD) .....................................................
PACIFIC DISASTER CENTERS ....................................................................
DEFENSE PROPERTY ACCOUNTABILITY SYSTEM ..............................
MQ–9 UAV ..........................................................................................................
MQ–9 Capability Enhancement ................................................................
AVIATION SYSTEMS .......................................................................................
SOCOM requested transfer .........................................................................
INTELLIGENCE SYSTEMS DEVELOPMENT ............................................
OPERATIONAL ENHANCEMENTS ..............................................................
UFR: Enhanced Precision Strike ..............................................................
WARRIOR SYSTEMS .......................................................................................
SPECIAL PROGRAMS .....................................................................................
UNMANNED ISR ..............................................................................................
SOF TACTICAL VEHICLES ...........................................................................
MARITIME SYSTEMS .....................................................................................
SOCOM requested transfer .........................................................................
UFR: Develop Dry Combat Submersible ..................................................
GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................................
OPERATIONAL ENHANCEMENTS INTELLIGENCE ..............................
TELEPORT PROGRAM ...................................................................................
CLASSIFIED PROGRAMS ..............................................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT .........

1,686
6,526
18,455
5,496
3,049
5,365
2,071
13,111
1,770
2,924
37,863

4,661
12,049
642
3,689,646
4,867,528

1,686
6,526
18,455
5,496
3,049
5,365
2,071
13,111
1,770
2,924
50,863
[13,000]
273,386
[13,500]
8,245
95,455
[16,000]
45,935
1,978
31,766
2,578
60,415
[12,800]
[5,300]
4,661
12,049
642
3,689,646
4,928,128

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW ..

20,490,902

21,658,510

OPERATIONAL TEST & EVAL, DEFENSE
MANAGEMENT SUPPORT
OPERATIONAL TEST AND EVALUATION ................................................
LIVE FIRE TEST AND EVALUATION ........................................................
OPERATIONAL TEST ACTIVITIES AND ANALYSES .............................
SUBTOTAL MANAGEMENT SUPPORT ..........................................

83,503
59,500
67,897
210,900

83,503
59,500
67,897
210,900

TOTAL OPERATIONAL TEST & EVAL, DEFENSE ...................

210,900

210,900

UNDISTRIBUTED
UNDISTRIBUTED
UNDISTRIBUTED ............................................................................................
ERI costs transfer from OCO to base .......................................................
SUBTOTAL UNDISTRIBUTED ............................................................

0
0

64,100
[64,100]
64,100

TOTAL UNDISTRIBUTED .....................................................................

0

64,100

TOTAL RDT&E ............................................................................................

82,716,636

86,032,029

259,886
8,245
79,455
45,935
1,978
31,766
2,578
42,315

1

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-

2

TION FOR OVERSEAS CONTINGENCY OPER-

3

ATIONS.
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

Program
Element

55
60

0603327A
0603747A

122
125

0605032A
0605035A

Item
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ...................
SOLDIER SUPPORT AND SURVIVABILITY ............................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
TRACTOR TIRE ..............................................................................................
COMMON INFRARED COUNTERMEASURES (CIRCM) ........................

† HR 2810 PAP

FY 2018
Request

Senate
Authorized

15,000
3,000
18,000

15,000
3,000
18,000

5,000
21,540

5,000
21,540

944
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

Program
Element

133
147

0605051A
0303032A

203
222
223
228

0203801A
0305204A
0305206A
0307665A

Item
AIRCRAFT SURVIVABILITY DEVELOPMENT ........................................
TROJAN—RH12 ..............................................................................................
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
OPERATIONAL SYSTEMS DEVELOPMENT
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ......
TACTICAL UNMANNED AERIAL VEHICLES ..........................................
AIRBORNE RECONNAISSANCE SYSTEMS ..............................................
BIOMETRICS ENABLED INTELLIGENCE ...............................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ....
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL,
ARMY.

41
81

0603527N
0604272N

9999999999
207
211

0204311N
0204574N

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
RETRACT LARCH ..........................................................................................
TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES
(TADIRCM).
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES.
CLASSIFIED PROGRAMS .............................................................................
OPERATIONAL SYSTEMS DEVELOPMENT
INTEGRATED SURVEILLANCE SYSTEM ................................................
CRYPTOLOGIC DIRECT SUPPORT ...........................................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ....
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL,
NAVY.

29
53

0603438F
0306250F

9999999999
196
214

24

0207277F
0208087F

0603122D8Z

9999999999
253
256

999

1160408BB
1160434BB

999999

RESEARCH, DEVELOPMENT, TEST & EVAL, AF
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
SPACE CONTROL TECHNOLOGY ..............................................................
CYBER OPERATIONS TECHNOLOGY DEVELOPMENT .......................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES.

FY 2018
Request

Senate
Authorized

30,100
1,200
57,840

30,100
1,200
57,840

15,000
7,492
15,000
6,036
43,528

15,000
7,492
15,000
6,036
43,528

119,368

119,368

22,000
5,710

22,000
5,710

27,710

27,710

89,855

89,855

11,600
1,200
102,655

11,600
1,200
102,655

130,365

130,365

7,800
5,400
13,200

7,800
5,400
13,200

CLASSIFIED PROGRAMS .............................................................................
OPERATIONAL SYSTEMS DEVELOPMENT
ISR INNOVATIONS .........................................................................................
AF OFFENSIVE CYBERSPACE OPERATIONS ........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ....

112,408

112,408

5,750
4,000
122,158

5,750
4,000
122,158

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF ..

135,358

135,358

RESEARCH, DEVELOPMENT, TEST & EVAL, DW
ADVANCED TECHNOLOGY DEVELOPMENT
COMBATING TERRORISM TECHNOLOGY SUPPORT ..........................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT

25,000
25,000

25,000
25,000

CLASSIFIED PROGRAMS .............................................................................
OPERATIONAL SYSTEM DEVELOPMENT
OPERATIONAL ENHANCEMENTS .............................................................
UNMANNED ISR .............................................................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT .......

196,176

196,176

1,920
3,000
201,096

1,920
3,000
201,096

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW

226,096

226,096

UNDISTRIBUTED
UNDISTRIBUTED
UNDISTRIBUTED ..........................................................................................
ERI costs transfer from OCO to base ......................................................
SUBTOTAL UNDISTRIBUTED ...........................................................

–64,100
[–64,100]
–64,100

TOTAL UNDISTRIBUTED ....................................................................

–64,100

TOTAL RDT&E ...........................................................................................

† HR 2810 PAP

611,187

547,087

945
1
2
3

TITLE XLIII—OPERATION AND
MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

010

020
030

040

050
060
070

080
090
100

110

120
180
190
200
210

220
230
240

250
260
270
280
290
300

Item

OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
MANEUVER UNITS ...................................................................................
UFR: Convert IBCT to ABCT ............................................................
UFR: Readiness to execute NMS .........................................................
UFR: Stryker Vehicle training ...........................................................
UFR: Support 16th ABCT ..................................................................
MODULAR SUPPORT BRIGADES .........................................................
UFR: Readiness to execute NMS .........................................................
ECHELONS ABOVE BRIGADE ...............................................................
UFR: NETCOM HQ ............................................................................
UFR: Readiness to execute NMS .........................................................
THEATER LEVEL ASSETS .....................................................................
UFR: 3% increase to Decisive Action training .................................
UFR: Readiness to execute NMS .........................................................
UFR: Support Equipment ...................................................................
LAND FORCES OPERATIONS SUPPORT ............................................
AVIATION ASSETS ....................................................................................
FORCE READINESS OPERATIONS SUPPORT ..................................
UFR: Funding to support 6k additional endstrength .......................
UFR: Organizational Clothing & Indiv. Equipment maintenance
UFR: Support Equipment ...................................................................
LAND FORCES SYSTEMS READINESS ...............................................
UFR: Medical equipment .....................................................................
LAND FORCES DEPOT MAINTENANCE .............................................
UFR: Depot Maintenance ....................................................................
BASE OPERATIONS SUPPORT .............................................................
UFR: Engineering Services .................................................................
UFR: IT Services NEC C4IM .............................................................
UFR: Support 6k additional endstrength ..........................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .........................................................................................................
UFR: Address facility restoration backlog .........................................
UFR: FSRM increases .........................................................................
UFR: Support 6k additional endstrength ..........................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ................
US AFRICA COMMAND ............................................................................
US EUROPEAN COMMAND .....................................................................
US SOUTHERN COMMAND ....................................................................
US FORCES KOREA .................................................................................
SUBTOTAL OPERATING FORCES .............................................
MOBILIZATION
STRATEGIC MOBILITY ...........................................................................
UFR: Readiness increase .....................................................................
ARMY PREPOSITIONED STOCKS .........................................................
UFR: Readiness increase .....................................................................
INDUSTRIAL PREPAREDNESS ............................................................
SUBTOTAL MOBILIZATION ..........................................................
TRAINING AND RECRUITING
OFFICER ACQUISITION ..........................................................................
RECRUIT TRAINING ................................................................................
UFR: Recruit training ........................................................................
ONE STATION UNIT TRAINING ............................................................
UFR: One Station Unit Training ......................................................
SENIOR RESERVE OFFICERS TRAINING CORPS ...........................
UFR: Supports commissions for increase end strength ....................
SPECIALIZED SKILL TRAINING .........................................................
UFR: Supports increased capacity .....................................................
FLIGHT TRAINING ...................................................................................

† HR 2810 PAP

FY 2018
Request

1,455,366

105,147
604,117

793,217

1,169,478
1,496,503
3,675,901

466,720
1,443,516
8,080,357

3,401,155

443,790
225,382
141,352
190,811
59,578
23,752,390

346,667
422,108
7,750
776,525

137,556
58,872
58,035
505,089
1,015,541
1,124,115

Senate
Authorized

1,567,545
[27,000]
[44,179]
[20,000]
[21,000]
118,020
[12,873]
751,335
[13]
[147,205]
836,222
[5,244]
[28,327]
[9,434]
1,169,478
1,496,503
3,725,401
[680]
[44,215]
[4,605]
471,592
[4,872]
1,521,185
[77,669]
8,171,076
[36,949]
[22,000]
[31,770]
4,002,972
[70,427]
[481,210]
[50,180]
443,790
225,382
141,352
190,811
59,578
24,892,242

347,791
[1,124]
427,346
[5,238]
7,750
782,887

137,556
60,264
[1,392]
59,921
[1,886]
505,762
[673]
1,030,834
[15,293]
1,124,115

946
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

310
320

PROFESSIONAL DEVELOPMENT EDUCATION ................................
TRAINING SUPPORT ................................................................................
UFR: Supports increased capacity .....................................................
UFR: Supports Initial Entry Training .............................................
RECRUITING AND ADVERTISING .......................................................
UFR: Supports increased capacity .....................................................
EXAMINING ................................................................................................
OFF-DUTY AND VOLUNTARY EDUCATION .......................................
UFR: Supports increased capacity .....................................................
CIVILIAN EDUCATION AND TRAINING ..............................................
JUNIOR RESERVE OFFICER TRAINING CORPS .............................
SUBTOTAL TRAINING AND RECRUITING ...........................

330
340
350
360
370

390
400
410
420
430
440
450
460
470

480
490
500
510
520
9999

010
020
030
040
050

060
070
080
090
100

110

120
130
140

FY 2018
Request

220,688
618,164

613,586
171,223
214,738
195,099
176,116
5,108,822

ADMIN & SRVWIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION .....................................................
UFR: Supports transportation equipment .........................................
CENTRAL SUPPLY ACTIVITIES ...........................................................
LOGISTIC SUPPORT ACTIVITIES ........................................................
AMMUNITION MANAGEMENT ...............................................................
ADMINISTRATION ....................................................................................
SERVICEWIDE COMMUNICATIONS .....................................................
UFR: Army Regional Cyber Centers capabilities ..............................
MANPOWER MANAGEMENT ..................................................................
OTHER PERSONNEL SUPPORT ...........................................................
OTHER SERVICE SUPPORT ..................................................................
UFR: Funds DFAS increases ..............................................................
Under execution ....................................................................................
ARMY CLAIMS ACTIVITIES ...................................................................
UFR: Supports JAG increase needs ...................................................
REAL ESTATE MANAGEMENT ..............................................................
UFR: Supports engineering services ...................................................
FINANCIAL MANAGEMENT AND AUDIT READINESS ...................
INTERNATIONAL MILITARY HEADQUARTERS ..............................
MISC. SUPPORT OF OTHER NATIONS ...............................................
CLASSIFIED PROGRAMS ........................................................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .....................

284,592
415,694
46,856
1,242,222
9,307,680

TOTAL OPERATION & MAINTENANCE, ARMY ..................

38,945,417

OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
MODULAR SUPPORT BRIGADES .........................................................
UFR: ARNG Operational Demand Model to 82% ............................
ECHELONS ABOVE BRIGADE ...............................................................
UFR: ARNG Operational Demand Model to 82% ............................
THEATER LEVEL ASSETS .....................................................................
UFR: Operational Demand Model to 82% ........................................
LAND FORCES OPERATIONS SUPPORT ............................................
UFR: Operational Demand Model to 82% ........................................
AVIATION ASSETS ....................................................................................
UFR: Increases aviation contract support .........................................
UFR: Operational Demand Model to 82% ........................................
FORCE READINESS OPERATIONS SUPPORT ..................................
UFR: Support additional capacity ....................................................
LAND FORCES SYSTEMS READINESS ...............................................
LAND FORCES DEPOT MAINTENANCE .............................................
BASE OPERATIONS SUPPORT .............................................................
UFR: Support 6k additional endstrength ..........................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .........................................................................................................
UFR: Address facility restoration backlog .........................................
UFR: Increased facilities sustainment ...............................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ................
SUBTOTAL OPERATING FORCES .............................................
ADMIN & SRVWD ACTIVITIES
SERVICEWIDE TRANSPORTATION .....................................................
ADMINISTRATION ....................................................................................
SERVICEWIDE COMMUNICATIONS .....................................................
UFR: Equipment support ...................................................................

† HR 2810 PAP

555,502
894,208
715,462
446,931
493,616
2,084,922
259,588
326,387
1,087,602

210,514
243,584

11,461
577,410
117,298
552,016
80,302

399,035
102,687
56,016
599,947

273,940

22,909
2,793,021

11,116
17,962
18,550

Senate
Authorized

220,688
621,690
[1,526]
[2,000]
624,259
[10,673]
171,223
215,088
[350]
195,099
176,116
5,142,615

652,065
[96,563]
894,208
715,462
446,931
493,616
2,094,922
[10,000]
259,588
326,387
1,046,202
[3,600]
[–45,000]
214,014
[3,500]
256,737
[13,153]
284,592
415,694
46,856
1,242,222
9,389,496
40,207,240

11,747
[286]
593,053
[15,643]
122,016
[4,718]
564,934
[12,918]
81,461
[845]
[314]
403,635
[4,600]
102,687
56,016
600,497
[550]
304,690
[4,465]
[26,285]
22,909
2,863,645

11,116
17,962
20,950
[2,400]

947
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
FY 2018
Request

Senate
Authorized

Line

Item

150
160

MANPOWER MANAGEMENT ..................................................................
RECRUITING AND ADVERTISING .......................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ..........................

6,166
60,027
113,821

6,166
60,027
116,221

TOTAL OPERATION & MAINTENANCE, ARMY RES .......

2,906,842

2,979,866

010
020
030
040
050
060

070
080
090
100
110

120

130
140
150
160
170
180

010
020
030
040
050
060
070
080
090
100
110
120
130
150
160

170

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
MANEUVER UNITS ...................................................................................
UFR: Readiness increase .....................................................................
MODULAR SUPPORT BRIGADES .........................................................
ECHELONS ABOVE BRIGADE ...............................................................
UFR: Operational Demand Model to 82% ........................................
THEATER LEVEL ASSETS .....................................................................
UFR: Operational Demand Model to 82% ........................................
LAND FORCES OPERATIONS SUPPORT ............................................
UFR: Increased aviation readiness .....................................................
AVIATION ASSETS ....................................................................................
UFR: Aviation readiness for AH64 ....................................................
UFR: Aviation readiness for TAB ......................................................
UFR: Aviation readinss for ECAB .....................................................
FORCE READINESS OPERATIONS SUPPORT ..................................
UFR: Supports increased capacity .....................................................
LAND FORCES SYSTEMS READINESS ...............................................
LAND FORCES DEPOT MAINTENANCE .............................................
BASE OPERATIONS SUPPORT .............................................................
UFR: Support increase end-strength ..................................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .........................................................................................................
UFR: Address facility restoration backlog .........................................
UFR: Facilities Sustainment improvement .......................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ................
UFR: Support increase end-strength ..................................................
SUBTOTAL OPERATING FORCES .............................................

777,883
190,639
807,557
85,476
36,672
956,381

777,756
51,506
244,942
1,144,726

781,895

999,052
6,854,485

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE TRANSPORTATION .....................................................
ADMINISTRATION ....................................................................................
SERVICEWIDE COMMUNICATIONS .....................................................
MANPOWER MANAGEMENT ..................................................................
OTHER PERSONNEL SUPPORT ...........................................................
UFR: Behavior Health Specialists .....................................................
REAL ESTATE MANAGEMENT ..............................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ..........................

3,093
452,685

TOTAL OPERATION & MAINTENANCE, ARNG ..................

7,307,170

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS .................................
FLEET AIR TRAINING .............................................................................
AVIATION TECHNICAL DATA & ENGINEERING SERVICES ........
AIR OPERATIONS AND SAFETY SUPPORT ......................................
AIR SYSTEMS SUPPORT ........................................................................
UFR: Fund to Max Executable ...........................................................
AIRCRAFT DEPOT MAINTENANCE .....................................................
AIRCRAFT DEPOT OPERATIONS SUPPORT .....................................
AVIATION LOGISTICS ..............................................................................
UFR: Fund to Max Executable ...........................................................
MISSION AND OTHER SHIP OPERATIONS ......................................
UFR: Combat Logistics Maintenance Funding TAO–187 ................
SHIP OPERATIONS SUPPORT & TRAINING .....................................
SHIP DEPOT MAINTENANCE ................................................................
SHIP DEPOT OPERATIONS SUPPORT ...............................................
COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE .......
SPACE SYSTEMS AND SURVEILLANCE ............................................
WARFARE TACTICS .................................................................................
UFR: Operational range Clearance and Environmental Compliance ...................................................................................................
OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...............

† HR 2810 PAP

7,703
79,236
85,160
8,654
268,839

5,544,165
2,075,000
46,801
119,624
552,536

794,862
[16,979]
190,639
820,656
[13,099]
98,569
[13,093]
38,897
[2,225]
986,379
[24,828]
[2,040]
[3,130]
777,856
[100]
51,506
244,942
1,148,576
[3,850]
876,734
[20,108]
[74,731]
999,292
[240]
7,028,908

7,703
79,236
85,160
8,654
277,339
[8,500]
3,093
461,185
7,490,093

977,701
7,165,858
2,193,851
1,288,094
206,678
621,581

5,544,165
2,075,000
46,801
119,624
594,536
[42,000]
1,088,482
40,584
843,786
[120,000]
4,089,334
[22,000]
977,701
7,165,858
2,193,851
1,288,094
206,678
622,581

370,681

[1,000]
370,681

1,088,482
40,584
723,786
4,067,334

948
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

180
190

COMBAT SUPPORT FORCES .................................................................
EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ........................................................................................................
COMBATANT COMMANDERS CORE OPERATIONS ..........................
COMBATANT COMMANDERS DIRECT MISSION SUPPORT ..........
MILITARY INFORMATION SUPPORT OPERATIONS .......................
CYBERSPACE ACTIVITIES .....................................................................
FLEET BALLISTIC MISSILE .................................................................
WEAPONS MAINTENANCE .....................................................................
UFR: Munitions wholeness ..................................................................
OTHER WEAPON SYSTEMS SUPPORT ...............................................
ENTERPRISE INFORMATION ................................................................
Under execution ....................................................................................
SUSTAINMENT, RESTORATION AND MODERNIZATION ..............
NHHC Reduction .................................................................................
UFR: 88% of Facility Sustainment requirements ............................
UFR: FSRM Increases .........................................................................
UFR: MPT&E Management System IT Modernization ...................
BASE OPERATING SUPPORT ................................................................
UFR: FSRM Increases .........................................................................
UFR: Operational range Clearance and Environmental Compliance ...................................................................................................
UFR: Port Operations Service Craft Maintenance ...........................
SUBTOTAL OPERATING FORCES .............................................

210
220
230
240
260
280
290
300
310

320

FY 2018
Request

Senate
Authorized

1,437,966

1,437,966

162,705
65,108
86,892
8,427
385,212
1,278,456
745,680

162,705
65,108
86,892
8,427
385,212
1,278,456
750,680
[5,000]
380,016
882,428
[–32,000]
2,447,860
[–29,000]
[293,181]
[218,000]
[60,000]
4,384,688
[28,000]

380,016
914,428
1,905,679

4,333,688

38,787,013

[11,000]
[12,000]
39,538,194

MOBILIZATION
SHIP PREPOSITIONING AND SURGE ................................................
UFR: Strategic Sealift .........................................................................
SHIP ACTIVATIONS/INACTIVATIONS .................................................
EXPEDITIONARY HEALTH SERVICES SYSTEMS ..........................
COAST GUARD SUPPORT .......................................................................
SUBTOTAL MOBILIZATION ..........................................................

198,341
66,849
21,870
704,510

400
410
420
430
450
460
470
480
490
500

TRAINING AND RECRUITING
OFFICER ACQUISITION ..........................................................................
RECRUIT TRAINING ................................................................................
RESERVE OFFICERS TRAINING CORPS ...........................................
SPECIALIZED SKILL TRAINING .........................................................
PROFESSIONAL DEVELOPMENT EDUCATION ................................
TRAINING SUPPORT ................................................................................
RECRUITING AND ADVERTISING .......................................................
OFF-DUTY AND VOLUNTARY EDUCATION .......................................
CIVILIAN EDUCATION AND TRAINING ..............................................
JUNIOR ROTC ............................................................................................
SUBTOTAL TRAINING AND RECRUITING ...........................

143,924
8,975
144,708
812,708
180,448
234,596
177,517
103,154
72,216
53,262
1,931,508

143,924
8,975
144,708
812,708
180,448
234,596
177,517
103,154
72,216
53,262
1,931,508

510
530
540
590
610
620
660
9999

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ....................................................................................
CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ............
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ..........
SERVICEWIDE TRANSPORTATION .....................................................
PLANNING, ENGINEERING, AND PROGRAM SUPPORT ................
ACQUISITION, LOGISTICS, AND OVERSIGHT .................................
INVESTIGATIVE AND SECURITY SERVICES ....................................
CLASSIFIED PROGRAMS ........................................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ..........................

1,135,429
149,365
386,749
165,301
311,616
665,580
659,143
543,193
4,016,376

1,135,429
149,365
386,749
165,301
311,616
665,580
659,143
543,193
4,016,376

TOTAL OPERATION & MAINTENANCE, NAVY ..................

45,439,407

46,200,588

330
360
370
390

010
020
030
040
050
060
070

OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
OPERATIONAL FORCES .........................................................................
FIELD LOGISTICS ....................................................................................
UFR: Long Endurance Small UAS ...................................................
DEPOT MAINTENANCE ...........................................................................
MARITIME PREPOSITIONING ...............................................................
CYBERSPACE ACTIVITIES .....................................................................
SUSTAINMENT, RESTORATION & MODERNIZATION ....................
UFR: Facilities Sustainment to 80% .................................................
BASE OPERATING SUPPORT ................................................................

† HR 2810 PAP

417,450

967,949
1,065,090
286,635
85,577
181,518
785,264
2,196,252

427,450
[10,000]
198,341
66,849
21,870
714,510

967,949
1,068,190
[3,100]
286,635
85,577
181,518
829,055
[43,791]
2,196,252

949
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

FY 2018
Request

Senate
Authorized

SUBTOTAL OPERATING FORCES .............................................

5,568,285

5,615,176

080
090
100
110
120
130
140
150

TRAINING AND RECRUITING
RECRUIT TRAINING ................................................................................
OFFICER ACQUISITION ..........................................................................
SPECIALIZED SKILL TRAINING .........................................................
PROFESSIONAL DEVELOPMENT EDUCATION ................................
TRAINING SUPPORT ................................................................................
RECRUITING AND ADVERTISING .......................................................
OFF-DUTY AND VOLUNTARY EDUCATION .......................................
JUNIOR ROTC ............................................................................................
SUBTOTAL TRAINING AND RECRUITING ...........................

16,163
1,154
100,398
46,474
405,039
201,601
32,045
24,394
827,268

16,163
1,154
100,398
46,474
405,039
201,601
32,045
24,394
827,268

160
170
190
9999

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE TRANSPORTATION .....................................................
ADMINISTRATION ....................................................................................
ACQUISITION AND PROGRAM MANAGEMENT ................................
CLASSIFIED PROGRAMS ........................................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ..........................

28,827
378,683
77,684
52,661
537,855

28,827
378,683
77,684
52,661
537,855

TOTAL OPERATION & MAINTENANCE, MARINE
CORPS ...................................................................................................

6,933,408

6,980,299

OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS .................................
INTERMEDIATE MAINTENANCE .........................................................
AIRCRAFT DEPOT MAINTENANCE .....................................................
AIRCRAFT DEPOT OPERATIONS SUPPORT .....................................
AVIATION LOGISTICS ..............................................................................
SHIP OPERATIONS SUPPORT & TRAINING .....................................
COMBAT COMMUNICATIONS .................................................................
COMBAT SUPPORT FORCES .................................................................
CYBERSPACE ACTIVITIES .....................................................................
ENTERPRISE INFORMATION ................................................................
SUSTAINMENT, RESTORATION AND MODERNIZATION ..............
BASE OPERATING SUPPORT ................................................................
SUBTOTAL OPERATING FORCES .............................................

596,876
5,902
94,861
381
13,822
571
16,718
118,079
308
28,650
86,354
103,596
1,066,118

596,876
5,902
94,861
381
13,822
571
16,718
118,079
308
28,650
86,354
103,596
1,066,118

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ....................................................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ..........
ACQUISITION AND PROGRAM MANAGEMENT ................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ..........................

1,371
13,289
3,229
17,889

1,371
13,289
3,229
17,889

TOTAL OPERATION & MAINTENANCE, NAVY RES ........

1,084,007

1,084,007

010
020
030
040
050
060
070
080
090
100
110
120

130
140
160

010
020
030
040

060

OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
OPERATING FORCES ...............................................................................
DEPOT MAINTENANCE ...........................................................................
SUSTAINMENT, RESTORATION AND MODERNIZATION ..............
UFR: Facilities Sustainment to 80% .................................................
BASE OPERATING SUPPORT ................................................................
SUBTOTAL OPERATING FORCES .............................................

111,213
266,252

103,468
18,794
33,854
[1,077]
111,213
267,329

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ....................................................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ..........................

12,585
12,585

12,585
12,585

278,837

279,914

TOTAL OPERATION & MAINTENANCE, MC RESERVE

010

020

OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
PRIMARY COMBAT FORCES ..................................................................
UFR: NC3 & Other Nuclear Requirements ........................................
UFR: PACAF Contingency Response Group .....................................
COMBAT ENHANCEMENT FORCES .....................................................
Air and Space Operations Center .......................................................
UFR: Airmen Readiness Training .....................................................

† HR 2810 PAP

103,468
18,794
32,777

694,702

1,392,326

707,902
[9,000]
[4,200]
1,576,426
[104,800]
[8,900]

950
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

030

040

050
060

070
080

090

100

120
130
160
170
180
190
200
210
9999

220
230

270
280
290
320
330
340
350
370
380
390
400
410

420
430
470
480
490

Item

UFR: Cyber Requirements ...................................................................
AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ..............
UFR: Airmen Readiness Training .....................................................
UFR: Contract Adversary Air .............................................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ..........................
UFR: Airmen Readiness Training .....................................................
UFR: WSS funded at 89% ..................................................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .........................................................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ..
UFR: E–4B Maintenance personnel ...................................................
UFR: EC–130H Compass Call ...........................................................
UFR: Sustain 3 additional C–37B ....................................................
UFR: Weapon Systems Sustainment ..................................................
FLYING HOUR PROGRAM ......................................................................
BASE SUPPORT .........................................................................................
UFR: Cyber Requirements ...................................................................
UFR: Facility Restoration Modernization .........................................
UFR: Funds mission readiness at installations ................................
UFR: Funds Operational Communications and JIE conversion ....
UFR: PACAF Contingency Response Group .....................................
UFR: Transient Alert Contracts .........................................................
GLOBAL C3I AND EARLY WARNING ...................................................
UFR: Cyber Requirements ...................................................................
UFR: NC3 & Other Nuclear Requirements ........................................
UFR: SBIRS Requirements ................................................................
OTHER COMBAT OPS SPT PROGRAMS .............................................
UFR: Cyber Requirements ...................................................................
UFR: Eagle Vision sustainment .........................................................
UFR: PACAF Contingency Response Group .....................................
LAUNCH FACILITIES ..............................................................................
SPACE CONTROL SYSTEMS ..................................................................
US NORTHCOM/NORAD ...........................................................................
US STRATCOM ...........................................................................................
US CYBERCOM ...........................................................................................
US CENTCOM .............................................................................................
US SOCOM ...................................................................................................
US TRANSCOM ...........................................................................................
CLASSIFIED PROGRAMS ........................................................................
SUBTOTAL OPERATING FORCES .............................................

FY 2018
Request

1,128,640

2,755,367

3,292,553
6,555,186

4,135,330
5,985,232

847,516

1,131,817

175,457
353,458
189,891
534,236
357,830
168,208
2,280
533
1,091,655
30,792,217

Senate
Authorized

[70,400]
1,272,940
[93,100]
[51,200]
2,915,967
[7,100]
[153,500]
3,292,553
6,883,686
[1,000]
[20,000]
[11,300]
[296,200]
4,135,330
6,984,715
[152,600]
[493,883]
[146,000]
[190,000]
[6,700]
[10,300]
932,216
[10,700]
[66,000]
[8,000]
1,173,017
[18,300]
[6,100]
[16,800]
175,457
353,458
189,891
534,236
357,830
168,208
2,280
533
1,091,655
32,748,300

MOBILIZATION
AIRLIFT OPERATIONS ............................................................................
UFR: sustain 3 additional C–37B .....................................................
MOBILIZATION PREPAREDNESS ........................................................
UFR: PACAF Contingency Response Group .....................................
UFR: Set the Theater (StT) PACOM .................................................
SUBTOTAL MOBILIZATION ..........................................................

1,700,938

1,572,497
[1,800]
176,691
[16,900]
[29,550]
1,749,188

TRAINING AND RECRUITING
OFFICER ACQUISITION ..........................................................................
RECRUIT TRAINING ................................................................................
RESERVE OFFICERS TRAINING CORPS (ROTC) ............................
SPECIALIZED SKILL TRAINING .........................................................
FLIGHT TRAINING ...................................................................................
PROFESSIONAL DEVELOPMENT EDUCATION ................................
TRAINING SUPPORT ................................................................................
RECRUITING AND ADVERTISING .......................................................
EXAMINING ................................................................................................
OFF-DUTY AND VOLUNTARY EDUCATION .......................................
CIVILIAN EDUCATION AND TRAINING ..............................................
JUNIOR ROTC ............................................................................................
SUBTOTAL TRAINING AND RECRUITING ...........................

113,722
24,804
95,733
395,476
501,599
287,500
91,384
166,795
4,134
222,691
171,974
60,070
2,135,882

113,722
24,804
95,733
395,476
501,599
287,500
91,384
166,795
4,134
222,691
171,974
60,070
2,135,882

ADMIN & SRVWD ACTIVITIES
LOGISTICS OPERATIONS .......................................................................
TECHNICAL SUPPORT ACTIVITIES ....................................................
ADMINISTRATION ....................................................................................
SERVICEWIDE COMMUNICATIONS .....................................................
OTHER SERVICEWIDE ACTIVITIES ...................................................

805,453
127,379
911,283
432,172
1,175,658

805,453
127,379
911,283
432,172
1,175,658

† HR 2810 PAP

1,570,697
130,241

951
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
FY 2018
Request

Senate
Authorized

Line

Item

500
530
540

CIVIL AIR PATROL ...................................................................................
INTERNATIONAL SUPPORT ..................................................................
AIR FORCE WIDE UNDISTRIBUTED ..................................................
UFR: C&Y Tech Sustainment .............................................................
UFR: Child and Youth Compliance ....................................................
UFR: Food Service Capabilities .........................................................
UFR: MWR Resiliency Capabilities ...................................................
UFR: Violence Prevention Program ...................................................
CLASSIFIED PROGRAMS ........................................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ..........................

1,244,653
4,800,195

TOTAL OPERATION & MAINTENANCE, AIR FORCE .....

39,429,232

41,562,665

1,801,007
210,642
403,867

1,801,007
210,642
403,867

9999

010
020
030
040
050
060

070
080
090
100
110

010
020
030
040

050
060

070
080

010
020
040

050

OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
PRIMARY COMBAT FORCES ..................................................................
MISSION SUPPORT OPERATIONS .......................................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ..........................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .........................................................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ..
UFR: Weapon Systems Sustainment ..................................................
BASE SUPPORT .........................................................................................
UFR: Restore maintenance and repair ..............................................
SUBTOTAL OPERATING FORCES .............................................

26,719
76,878
0

124,951
240,835
371,878
3,153,180

26,719
76,878
129,100
[6,000]
[35,000]
[43,200]
[40,000]
[4,900]
1,244,653
4,929,295

124,951
266,635
[25,800]
405,878
[34,000]
3,212,980

ADMINISTRATION AND SERVICEWIDE ACTIVITIES
ADMINISTRATION ....................................................................................
RECRUITING AND ADVERTISING .......................................................
MILITARY MANPOWER AND PERS MGMT (ARPC) .........................
OTHER PERS SUPPORT (DISABILITY COMP) .................................
AUDIOVISUAL ............................................................................................
SUBTOTAL ADMINISTRATION AND SERVICEWIDE
ACTIVITIES ........................................................................................

74,153
19,522
12,765
7,495
392

74,153
19,522
12,765
7,495
392

114,327

114,327

TOTAL OPERATION & MAINTENANCE, AF RESERVE ..

3,267,507

3,327,307

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
AIRCRAFT OPERATIONS ........................................................................
MISSION SUPPORT OPERATIONS .......................................................
UFR: Facility and Communication Infrastructure ..........................
DEPOT PURCHASE EQUIPMENT MAINTENANCE ..........................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .........................................................................................................
UFR: Sustainment, Restoration, Modernization (SRM) ..................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ..
UFR: Increase Weapons System Sustainment ...................................
BASE SUPPORT .........................................................................................
UFR: Facility Restoration Modernization .........................................
SUBTOTAL OPERATING FORCES .............................................

3,175,055
746,082
867,063
325,090
1,100,829
583,664
6,797,783

3,175,055
812,082
[66,000]
867,063
381,090
[56,000]
1,159,529
[58,700]
651,664
[68,000]
7,046,483

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ....................................................................................
RECRUITING AND ADVERTISING .......................................................
Advertising Reduction ..........................................................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE
ACTIVITIES ........................................................................................

142,185

97,185

TOTAL OPERATION & MAINTENANCE, ANG .....................

6,939,968

7,143,668

OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
JOINT CHIEFS OF STAFF ......................................................................
JOINT CHIEFS OF STAFF—CE2T2 ......................................................
SPECIAL OPERATIONS COMMAND/OPERATING FORCES ...........
SUBTOTAL OPERATING FORCES .............................................

440,853
551,511
5,008,274
6,000,638

440,853
551,511
5,008,274
6,000,638

TRAINING AND RECRUITING
DEFENSE ACQUISITION UNIVERSITY ..............................................

144,970

149,970

† HR 2810 PAP

44,955
97,230

44,955
52,230
[–45,000]

952
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

060
080

090
110
120
130
140
160
170
180
190
200
210
230
240
260

270
290
300

310
320
9999

010

010

Item

Increase for curriculum development ..................................................
JOINT CHIEFS OF STAFF ......................................................................
SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING ............................................................................................................
SUBTOTAL TRAINING AND RECRUITING ...........................

FY 2018
Request

84,402
379,462
608,834

Senate
Authorized

[5,000]
84,402
379,462
613,834

ADMIN & SRVWIDE ACTIVITIES
CIVIL MILITARY PROGRAMS ................................................................
Starbase .................................................................................................
DEFENSE CONTRACT AUDIT AGENCY ..............................................
DEFENSE CONTRACT MANAGEMENT AGENCY ..............................
DEFENSE HUMAN RESOURCES ACTIVITY ......................................
DEFENSE INFORMATION SYSTEMS AGENCY .................................
DEFENSE LEGAL SERVICES AGENCY ...............................................
DEFENSE LOGISTICS AGENCY ............................................................
DEFENSE MEDIA ACTIVITY ..................................................................
DEFENSE PERSONNEL ACCOUNTING AGENCY ..............................
DEFENSE SECURITY COOPERATION AGENCY ...............................
DEFENSE SECURITY SERVICE ............................................................
DEFENSE TECHNOLOGY SECURITY ADMINISTRATION .............
DEFENSE THREAT REDUCTION AGENCY .......................................
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ...................
Impact aid for children with severe disabilities ................................
Impact aid for schools with military dependent students .................
MISSILE DEFENSE AGENCY .................................................................
OFFICE OF ECONOMIC ADJUSTMENT ...............................................
OFFICE OF THE SECRETARY OF DEFENSE ...................................
CDC Study ............................................................................................
Readiness increase ................................................................................
Study on Air Force aircraft capacity and capabilities ....................
SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE ACTIVITIES .................................................................................................
WASHINGTON HEADQUARTERS SERVICES ....................................
CLASSIFIED PROGRAMS ........................................................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .....................

94,273
436,776
14,806,404
28,100,245

94,273
436,776
14,806,404
28,169,245

TOTAL OPERATION AND MAINTENANCE, DEFENSEWIDE .......................................................................................................

34,709,717

34,783,717

14,538

14,538

14,538

14,538

104,900

104,900

104,900

104,900

MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE ARMED FORCES,
DEFENSE
US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ......................................................................................................
SUBTOTAL US COURT OF APPEALS FOR THE ARMED
FORCES, DEFENSE ........................................................................
OVERSEAS HUMANITARIAN, DISASTER AND CIVIC
AID
OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ............
SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER
AND CIVIC AID .................................................................................

183,000
597,836
1,439,010
807,754
2,009,702
24,207
400,422
217,585
131,268
722,496
683,665
34,712
542,604
2,794,389

504,058
57,840
1,612,244

208,000
[25,000]
597,836
1,439,010
807,754
2,009,702
24,207
400,422
217,585
131,268
722,496
683,665
34,712
542,604
2,829,389
[10,000]
[25,000]
504,058
57,840
1,621,244
[7,000]
[1,000]
[1,000]

FORMER SOVIET UNION (FSU) THREAT REDUCTION
FORMER SOVIET UNION (FSU) THREAT REDUCTION ................
SUBTOTAL FORMER SOVIET UNION (FSU) THREAT
REDUCTION .......................................................................................

324,600

324,600

324,600

324,600

050

ENVIRONMENTAL RESTORATION, ARMY
ENVIRONMENTAL RESTORATION, ARMY .........................................
SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY

215,809
215,809

215,809
215,809

070

ENVIRONMENTAL RESTORATION, NAVY
ENVIRONMENTAL RESTORATION, NAVY ..........................................
SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY

281,415
281,415

281,415
281,415

293,749

293,749

293,749

293,749

010

090

ENVIRONMENTAL RESTORATION, AIR FORCE
ENVIRONMENTAL RESTORATION, AIR FORCE ..............................
SUBTOTAL ENVIRONMENTAL RESTORATION, AIR
FORCE ...................................................................................................

† HR 2810 PAP

953
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

110

130

999

1

Item

ENVIRONMENTAL RESTORATION, DEFENSE
ENVIRONMENTAL RESTORATION, DEFENSE .................................
SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE ....................................................................................................

FY 2018
Request

Senate
Authorized

9,002

9,002

9,002

9,002

ENVIRONMENTAL RESTORATION FORMERLY USED
SITES
ENVIRONMENTAL RESTORATION FORMERLY USED SITES .....
SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES ......................................................................

208,673

208,673

208,673

208,673

TOTAL MISCELLANEOUS APPROPRIATIONS ...................

1,452,686

1,452,686

UNDISTRIBUTED
UNDISTRIBUTED
UNDISTRIBUTED .....................................................................................
ERI costs transferred to base (except Ukraine assistance) ...............
Foreign Currency Fluctuations ...........................................................
Fuel Savings .........................................................................................
SUBTOTAL UNDISTRIBUTED ......................................................

0

1,411,595
[2,121,300]
[–313,315]
[–396,390]
1,411,595

TOTAL UNDISTRIBUTED ...............................................................

0

1,411,595

TOTAL OPERATION & MAINTENANCE .................................

188,694,198

194,903,645

0

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS

2

CONTINGENCY OPERATIONS.
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

Item

FY 2018
Request

Senate
Authorized

OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
MANEUVER UNITS .................................................................................
ECHELONS ABOVE BRIGADE .............................................................
THEATER LEVEL ASSETS ...................................................................
LAND FORCES OPERATIONS SUPPORT ..........................................
AVIATION ASSETS ..................................................................................
FORCE READINESS OPERATIONS SUPPORT ................................
LAND FORCES SYSTEMS READINESS .............................................
LAND FORCES DEPOT MAINTENANCE ............................................
BASE OPERATIONS SUPPORT ............................................................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................
ADDITIONAL ACTIVITIES ....................................................................
COMMANDERS EMERGENCY RESPONSE PROGRAM ...................
RESET ........................................................................................................
US AFRICA COMMAND ..........................................................................
US EUROPEAN COMMAND ...................................................................
SUBTOTAL OPERATING FORCES ...........................................

828,225
25,474
1,778,644
260,575
284,422
2,784,525
502,330
104,149
80,249

828,225
25,474
1,778,644
260,575
284,422
2,784,525
502,330
104,149
80,249

32,000
6,151,378
5,000
864,926
186,567
44,250
13,932,714

32,000
6,151,378
5,000
864,926
186,567
44,250
13,932,714

230

MOBILIZATION
ARMY PREPOSITIONED STOCKS .......................................................
SUBTOTAL MOBILIZATION ........................................................

56,500
56,500

56,500
56,500

390
400
410
420
460
490
9999

ADMIN & SRVWIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...................................................
CENTRAL SUPPLY ACTIVITIES ..........................................................
LOGISTIC SUPPORT ACTIVITIES ......................................................
AMMUNITION MANAGEMENT .............................................................
OTHER PERSONNEL SUPPORT .........................................................
REAL ESTATE MANAGEMENT ............................................................
CLASSIFIED PROGRAMS ......................................................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................

755,029
16,567
6,000
5,207
107,091
165,280
1,082,015
2,137,189

755,029
16,567
6,000
5,207
107,091
165,280
1,082,015
2,137,189

010
030
040
050
060
070
080
090
100
110
140
150
160
180
190

† HR 2810 PAP

954
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

020
040
060
090

010
020
030
040
060
070
100
120

150

010
020
030
040

050
060
070
080

010
030
040
050
060
070
080
090
100
110
130
150
160
170
180
190
280
290
310

Item

FY 2018
Request

Senate
Authorized

TOTAL OPERATION & MAINTENANCE, ARMY ................

16,126,403

16,126,403

OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
ECHELONS ABOVE BRIGADE .............................................................
LAND FORCES OPERATIONS SUPPORT ..........................................
FORCE READINESS OPERATIONS SUPPORT ................................
BASE OPERATIONS SUPPORT ............................................................
SUBTOTAL OPERATING FORCES ...........................................

4,179
2,132
779
17,609
24,699

4,179
2,132
779
17,609
24,699

TOTAL OPERATION & MAINTENANCE, ARMY RES .....

24,699

24,699

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
MANEUVER UNITS .................................................................................
MODULAR SUPPORT BRIGADES .......................................................
ECHELONS ABOVE BRIGADE .............................................................
THEATER LEVEL ASSETS ...................................................................
AVIATION ASSETS ..................................................................................
FORCE READINESS OPERATIONS SUPPORT ................................
BASE OPERATIONS SUPPORT ............................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ...............
SUBTOTAL OPERATING FORCES ...........................................

41,731
762
11,855
204
27,583
5,792
18,507
937
107,371

41,731
762
11,855
204
27,583
5,792
18,507
937
107,371

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE COMMUNICATIONS ...................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ........................

740
740

740
740

TOTAL OPERATION & MAINTENANCE, ARNG ................

108,111

108,111

AFGHANISTAN SECURITY FORCES FUND
MINISTRY OF DEFENSE
SUSTAINMENT .........................................................................................
INFRASTRUCTURE .................................................................................
EQUIPMENT AND TRANSPORTATION ..............................................
TRAINING AND OPERATIONS .............................................................
SUBTOTAL MINISTRY OF DEFENSE .....................................

2,660,855
21,000
684,786
405,117
3,771,758

2,660,855
21,000
684,786
405,117
3,771,758

MINISTRY OF INTERIOR
SUSTAINMENT .........................................................................................
INFRASTRUCTURE .................................................................................
EQUIPMENT AND TRANSPORTATION ..............................................
TRAINING AND OPERATIONS .............................................................
SUBTOTAL MINISTRY OF INTERIOR ....................................

955,574
39,595
75,976
94,612
1,165,757

955,574
39,595
75,976
94,612
1,165,757

TOTAL AFGHANISTAN SECURITY FORCES FUND .......

4,937,515

4,937,515

412,710
1,750
2,989
144,030
211,196
1,921
102,834
855,453
19,627
2,483,179
58,886
4,400
21,550
21,104
605,936

412,710
1,750
2,989
144,030
211,196
1,921
102,834
855,453
19,627
2,483,179
58,886
4,400
21,550
21,104
605,936

11,433
325,011
9,598
31,898

11,433
325,011
9,598
31,898

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ...............................
AVIATION TECHNICAL DATA & ENGINEERING SERVICES ......
AIR OPERATIONS AND SAFETY SUPPORT .....................................
AIR SYSTEMS SUPPORT ......................................................................
AIRCRAFT DEPOT MAINTENANCE ....................................................
AIRCRAFT DEPOT OPERATIONS SUPPORT ...................................
AVIATION LOGISTICS ............................................................................
MISSION AND OTHER SHIP OPERATIONS .....................................
SHIP OPERATIONS SUPPORT & TRAINING ...................................
SHIP DEPOT MAINTENANCE ..............................................................
COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE .....
SPACE SYSTEMS AND SURVEILLANCE ...........................................
WARFARE TACTICS ................................................................................
OPERATIONAL METEOROLOGY AND OCEANOGRAPHY .............
COMBAT SUPPORT FORCES ...............................................................
EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT .......................................................................................................
WEAPONS MAINTENANCE ....................................................................
OTHER WEAPON SYSTEMS SUPPORT .............................................
SUSTAINMENT, RESTORATION AND MODERNIZATION ............

† HR 2810 PAP

955
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

320

Item

FY 2018
Request

Senate
Authorized

BASE OPERATING SUPPORT ..............................................................
SUBTOTAL OPERATING FORCES ...........................................

228,246
5,553,751

228,246
5,553,751

360
370
390

MOBILIZATION
SHIP ACTIVATIONS/INACTIVATIONS ................................................
EXPEDITIONARY HEALTH SERVICES SYSTEMS .........................
COAST GUARD SUPPORT .....................................................................
SUBTOTAL MOBILIZATION ........................................................

1,869
11,905
161,885
175,659

1,869
11,905
161,885
175,659

430

TRAINING AND RECRUITING
SPECIALIZED SKILL TRAINING ........................................................
SUBTOTAL TRAINING AND RECRUITING .........................

43,369
43,369

43,369
43,369

510
540
590
620
660
9999

ADMIN & SRVWD ACTIVITIES
ADMINISTRATION ..................................................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ........
SERVICEWIDE TRANSPORTATION ...................................................
ACQUISITION, LOGISTICS, AND OVERSIGHT ................................
INVESTIGATIVE AND SECURITY SERVICES ..................................
CLASSIFIED PROGRAMS ......................................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ........................

3,217
7,356
67,938
9,446
1,528
12,751
102,236

3,217
7,356
67,938
9,446
1,528
12,751
102,236

TOTAL OPERATION & MAINTENANCE, NAVY ................

5,875,015

5,875,015

OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
OPERATIONAL FORCES ........................................................................
FIELD LOGISTICS ..................................................................................
DEPOT MAINTENANCE .........................................................................
BASE OPERATING SUPPORT ..............................................................
SUBTOTAL OPERATING FORCES ...........................................

710,790
242,150
52,000
17,529
1,022,469

710,790
242,150
52,000
17,529
1,022,469

120

TRAINING AND RECRUITING
TRAINING SUPPORT ..............................................................................
SUBTOTAL TRAINING AND RECRUITING .........................

29,421
29,421

29,421
29,421

160
9999

ADMIN & SRVWD ACTIVITIES
SERVICEWIDE TRANSPORTATION ...................................................
CLASSIFIED PROGRAMS ......................................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ........................

61,600
3,150
64,750

61,600
3,150
64,750

TOTAL OPERATION & MAINTENANCE, MARINE
CORPS ..................................................................................................

1,116,640

1,116,640

OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
AIRCRAFT DEPOT MAINTENANCE ....................................................
COMBAT SUPPORT FORCES ...............................................................
SUBTOTAL OPERATING FORCES ...........................................

14,964
9,016
23,980

14,964
9,016
23,980

TOTAL OPERATION & MAINTENANCE, NAVY RES ......

23,980

23,980

OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
OPERATING FORCES .............................................................................
BASE OPERATING SUPPORT ..............................................................
SUBTOTAL OPERATING FORCES ...........................................

2,548
819
3,367

2,548
819
3,367

TOTAL OPERATION & MAINTENANCE, MC RESERVE

3,367

3,367

248,235
1,394,962
5,450
699,860

248,235
1,394,962
5,450
699,860

113,131
2,039,551
2,059,363

113,131
2,039,551
2,059,363

010
020
030
070

030
080

010
040

010
020
030
040
050
060
070

OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
PRIMARY COMBAT FORCES ................................................................
COMBAT ENHANCEMENT FORCES ...................................................
AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ............
DEPOT PURCHASE EQUIPMENT MAINTENANCE ........................
FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ........................................................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT
FLYING HOUR PROGRAM ....................................................................

† HR 2810 PAP

956
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

080
090
100
120
130
160
170
180
190
200
9999

Item

FY 2018
Request

Senate
Authorized

BASE SUPPORT .......................................................................................
GLOBAL C3I AND EARLY WARNING .................................................
OTHER COMBAT OPS SPT PROGRAMS ............................................
LAUNCH FACILITIES ............................................................................
SPACE CONTROL SYSTEMS .................................................................
US NORTHCOM/NORAD .........................................................................
US STRATCOM .........................................................................................
US CYBERCOM .........................................................................................
US CENTCOM ...........................................................................................
US SOCOM .................................................................................................
CLASSIFIED PROGRAMS ......................................................................
SUBTOTAL OPERATING FORCES ...........................................

1,088,946
15,274
198,090
385
22,020
381
698
35,239
159,520
19,000
58,098
8,158,203

1,088,946
15,274
198,090
385
22,020
381
698
35,239
159,520
19,000
58,098
8,158,203

220
230

MOBILIZATION
AIRLIFT OPERATIONS ..........................................................................
MOBILIZATION PREPAREDNESS ......................................................
SUBTOTAL MOBILIZATION ........................................................

1,430,316
213,827
1,644,143

1,430,316
213,827
1,644,143

270
280
290
320
330
340
350

TRAINING AND RECRUITING
OFFICER ACQUISITION ........................................................................
RECRUIT TRAINING ..............................................................................
RESERVE OFFICERS TRAINING CORPS (ROTC) ..........................
SPECIALIZED SKILL TRAINING ........................................................
FLIGHT TRAINING .................................................................................
PROFESSIONAL DEVELOPMENT EDUCATION ..............................
TRAINING SUPPORT ..............................................................................
SUBTOTAL TRAINING AND RECRUITING .........................

300
298
90
25,675
879
1,114
1,426
29,782

300
298
90
25,675
879
1,114
1,426
29,782

420
430
470
480
490
530
9999

ADMIN & SRVWD ACTIVITIES
LOGISTICS OPERATIONS .....................................................................
TECHNICAL SUPPORT ACTIVITIES ..................................................
ADMINISTRATION ..................................................................................
SERVICEWIDE COMMUNICATIONS ...................................................
OTHER SERVICEWIDE ACTIVITIES .................................................
INTERNATIONAL SUPPORT ................................................................
CLASSIFIED PROGRAMS ......................................................................
SUBTOTAL ADMIN & SRVWD ACTIVITIES ........................

151,847
8,744
6,583
129,508
84,110
120
53,255
434,167

151,847
8,744
6,583
129,508
84,110
120
53,255
434,167

TOTAL OPERATION & MAINTENANCE, AIR FORCE ....

10,266,295

10,266,295

OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
DEPOT PURCHASE EQUIPMENT MAINTENANCE ........................
BASE SUPPORT .......................................................................................
SUBTOTAL OPERATING FORCES ...........................................

52,323
6,200
58,523

52,323
6,200
58,523

TOTAL OPERATION & MAINTENANCE, AF RESERVE

58,523

58,523

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
MISSION SUPPORT OPERATIONS .....................................................
BASE SUPPORT .......................................................................................
SUBTOTAL OPERATING FORCES ...........................................

3,468
11,932
15,400

3,468
11,932
15,400

TOTAL OPERATION & MAINTENANCE, ANG ...................

15,400

15,400

OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
JOINT CHIEFS OF STAFF ....................................................................
SPECIAL OPERATIONS COMMAND/OPERATING FORCES ..........
UFR: Joint Task Force Platform Expansion ..................................
SUBTOTAL OPERATING FORCES ...........................................

4,841
3,305,234
3,310,075

ADMIN & SRVWIDE ACTIVITIES
DEFENSE CONTRACT AUDIT AGENCY ............................................
DEFENSE CONTRACT MANAGEMENT AGENCY .............................
DEFENSE INFORMATION SYSTEMS AGENCY ................................
DEFENSE LEGAL SERVICES AGENCY .............................................
DEFENSE MEDIA ACTIVITY ................................................................
DEFENSE SECURITY COOPERATION AGENCY .............................

9,853
21,317
64,137
115,000
13,255
2,312,000

030
060

020
060

010
040

110
120
140
160
180
200

† HR 2810 PAP

4,841
3,311,534
[6,300]
3,316,375

9,853
21,317
64,137
115,000
13,255
2,562,000

957
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Line

260
300
320
9999

999

1
2
3

FY 2018
Request

Item

Senate
Authorized

Reduction to Coalition Support Funds ............................................
Ukraine Security Assistance Initiative ............................................
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ..................
OFFICE OF THE SECRETARY OF DEFENSE .................................
WASHINGTON HEADQUARTERS SERVICES ..................................
CLASSIFIED PROGRAMS ......................................................................
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................

31,000
34,715
3,179
1,797,549
4,402,005

[–100,000]
[350,000]
31,000
34,715
3,179
1,797,549
4,652,005

TOTAL OPERATION AND MAINTENANCE, DEFENSEWIDE .....................................................................................................

7,712,080

7,968,380

UNDISTRIBUTED
UNDISTRIBUTED
UNDISTRIBUTED ....................................................................................
ERI costs transferred from OCO to base (except Ukraine assistance) ................................................................................................
SUBTOTAL UNDISTRIBUTED ....................................................

0

–2,121,300

0

[–2,121,300]
–2,121,300

TOTAL UNDISTRIBUTED .............................................................

0

–2,121,300

TOTAL OPERATION & MAINTENANCE ................................

46,268,028

44,403,028

TITLE XLIV—MILITARY
PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
SEC. 4401. MILITARY PERSONNEL
(In Thousands of Dollars)
Item

MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS ..............................
Defense Innovation Board software review .......................
ERI costs transferred to base .............................................
Marine Corps endstrength increase (1k) ...........................
Public-Private partnership on military spousal employment ...................................................................................
UFR: ANG funds training man days ...............................
UFR: Army endtrength increase (6k) ...............................
UFR: Army readiness requirements ..................................
UFR: ATFP Enhancement—2nd Pier Sentry (Mahan
Report) ..............................................................................
Unobligated Balances .........................................................
SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS .............................................................................................

FY 2018
Request

133,881,636

Senate
Authorized

133,726,723
1,000
214,300
100,000
1,000
170,800
321,000
107,987
12,000
[–1,083,000]

133,881,636

133,726,723

MEDICARE-ELIGIBLE RETIREE HEALTH FUND
CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS ...................................................................................
UFR: Army endtrength increase (6k) ...............................
SUBTOTAL
MEDICARE-ELIGIBLE
RETIREE
HEALTH FUND CONTRIBUTIONS .................................

7,804,427

7,820,427
16,000

7,804,427

7,820,427

TOTAL MILITARY PERSONNEL ..........................................

141,686,063

141,547,150

† HR 2810 PAP

958
1

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTIN-

2

GENCY OPERATIONS.
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
FY 2018
Request

Item

MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS ..............................
ERI costs transferred to base budget .................................
SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS .............................................................................................

4,276,276

4,061,976

TOTAL MILITARY PERSONNEL ..........................................

4,276,276

4,061,976

4,276,276

4,061,976
[–214,300]

TITLE XLV—OTHER
AUTHORIZATIONS

3
4
5

Senate
Authorized

SEC. 4501. OTHER AUTHORIZATIONS.
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
FY 2018
Request

Senate
Authorized

Line

Item

010
020

WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
Industrial Operations .............................................................................................
Supply Management—Army .................................................................................
ERI costs transfer from OCO to base ...........................................................
SUBTOTAL WORKING CAPITAL FUND, ARMY ............................

83,776

43,140
90,736
[50,100]
133,876

010

WORKING CAPITAL FUND, AIR FORCE
Supplies and Materials ..........................................................................................
SUBTOTAL WORKING CAPITAL FUND, AIR FORCE ................

66,462
66,462

66,462
66,462

020

WORKING CAPITAL FUND, DEFENSE-WIDE
Supply Chain Management—Def .........................................................................
SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE ......

47,018
47,018

47,018
47,018

010

WORKING CAPITAL FUND, DECA
Working Capital Fund, DECA ..............................................................................
SUBTOTAL WORKING CAPITAL FUND, DECA .............................

1,389,340
1,389,340

1,389,340
1,389,340

TOTAL WORKING CAPITAL FUND ......................................................

1,586,596

1,636,696

CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION AND MAINTENANCE
Chem Demilitarization—O&M ..............................................................................
SUBTOTAL OPERATION AND MAINTENANCE ............................

104,237
104,237

104,237
104,237

1

2

3

010

43,140
40,636

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Chem Demilitarization—RDT&E ........................................................................
SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION ...............................................................................................

839,414

839,414

839,414

839,414

PROCUREMENT
Chem Demilitarization—Proc ...............................................................................
SUBTOTAL PROCUREMENT ...................................................................

18,081
18,081

18,081
18,081

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION .........

961,732

961,732

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES
Drug Interdiction and Counter-Drug Activities, Defense ...................................

674,001

674,001

† HR 2810 PAP

959
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
Line

Item

FY 2018
Request

Senate
Authorized

SUBTOTAL DRUG INTERDICTION AND COUNTER DRUG
ACTIVITIES ...................................................................................................

674,001

674,001

DRUG DEMAND REDUCTION PROGRAM
Drug Demand Reduction Program .......................................................................
SUBTOTAL DRUG DEMAND REDUCTION PROGRAM .............

116,813
116,813

116,813
116,813

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF ....................................................................................................................

790,814

790,814

OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE
Operation And Maintenance ..................................................................................
SUBTOTAL OPERATION AND MAINTENANCE ............................

334,087
334,087

334,087
334,087

RDT&E
RDT&E ...................................................................................................................
SUBTOTAL RDT&E .......................................................................................

2,800
2,800

2,800
2,800

TOTAL OFFICE OF THE INSPECTOR GENERAL ........................

336,887

336,887

DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
In-House Care .........................................................................................................
Private Sector Care ................................................................................................
Consolidated Health Support ................................................................................
Information Management ......................................................................................
Management Activities ...........................................................................................
Education and Training ........................................................................................
Base Operations/Communications .........................................................................
SUBTOTAL OPERATION & MAINTENANCE ..................................

9,457,768
15,317,732
2,193,045
1,803,733
330,752
737,730
2,255,163
32,095,923

9,457,768
15,317,732
2,193,045
1,803,733
330,752
737,730
2,255,163
32,095,923

080
090
100
110
120
130
140

RDT&E
R&D Research .........................................................................................................
R&D Exploratry Development ..............................................................................
R&D Advanced Development .................................................................................
R&D Demonstration/Validation ............................................................................
R&D Engineering Development ............................................................................
R&D Management and Support ...........................................................................
R&D Capabilities Enhancement ...........................................................................
SUBTOTAL RDT&E .......................................................................................

9,796
64,881
246,268
99,039
170,602
69,191
13,438
673,215

9,796
64,881
246,268
99,039
170,602
69,191
13,438
673,215

150
160
180
190

PROCUREMENT
PROC Initial Outfitting ........................................................................................
PROC Replacement & Modernization ..................................................................
PROC Joint Operational Medicine Information System ....................................
PROC DoD Healthcare Management System Modernization .............................
SUBTOTAL PROCUREMENT ...................................................................

26,978
360,831
8,326
499,193
895,328

26,978
360,831
8,326
499,193
895,328

TOTAL DEFENSE HEALTH PROGRAM .............................................

33,664,466

33,664,466

NATIONAL DEFENSE SEALIFT FUND
OPERATIONS, MAINTENANCE AND LEASE
LG Med Spd Ro/Ro Maintenance .........................................................................
DoD Mobilization Alterations ................................................................................
TAH Maintenance ..................................................................................................
SUBTOTAL OPERATIONS, MAINTENANCE AND LEASE .......

135,800
11,197
54,453
201,450

135,800
11,197
54,453
201,450

RESEARCH AND DEVELOPMENT
Research And Development ....................................................................................
SUBTOTAL RESEARCH AND DEVELOPMENT .............................

18,622
18,622

18,622
18,622

289,255

020

010

020

010
020
030
040
050
060
070

050
060
070

080

090

READY RESERVE FORCES
Ready Reserve Force ...............................................................................................
UFR: Strategic Sealift service life extension ...............................................
SUBTOTAL READY RESERVE FORCES ............................................

289,255

296,255
[7,000]
296,255

TOTAL NATIONAL DEFENSE SEALIFT FUND .............................

509,327

516,327

TOTAL OTHER AUTHORIZATIONS ....................................................

37,849,822

37,906,922

† HR 2810 PAP

960
1

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CON-

2

TINGENCY OPERATIONS.
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Senate
Authorized

Item

020

WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
Supply Management—Army .................................................................................
ERI costs transfer from OCO to base ...........................................................
SUBTOTAL WORKING CAPITAL FUND, ARMY ............................

50,111

0
[–50,111]
0

WORKING CAPITAL FUND, DEFENSE-WIDE
Energy Management—Def .....................................................................................
Supply Chain Management—Def .........................................................................
SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE ......

70,000
28,845
98,845

70,000
28,845
98,845

TOTAL WORKING CAPITAL FUND ......................................................

148,956

98,845

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES
Drug Interdiction and Counter-Drug Activities, Defense ...................................
SUBTOTAL DRUG INTERDICTION AND COUNTER DRUG
ACTIVITIES ...................................................................................................

196,300

196,300

196,300

196,300

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF ....................................................................................................................

196,300

196,300

OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE
Operation And Maintenance ..................................................................................
SUBTOTAL OPERATION AND MAINTENANCE ............................

24,692
24,692

24,692
24,692

TOTAL OFFICE OF THE INSPECTOR GENERAL ........................

24,692

24,692

DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
In-House Care .........................................................................................................
Private Sector Care ................................................................................................
Consolidated Health Support ................................................................................
SUBTOTAL OPERATION & MAINTENANCE ..................................

61,857
331,968
1,980
395,805

61,857
331,968
1,980
395,805

TOTAL DEFENSE HEALTH PROGRAM .............................................

395,805

395,805

COUNTER-ISLAMIC ISIS TRAIN & EQUIP FUND
COUNTER-ISIS TRAIN AND EQUIP FUND (CTEF)
Iraq ..........................................................................................................................
Syria ........................................................................................................................
SUBTOTAL COUNTER-ISIS TRAIN AND EQUIP FUND
(CTEF) ..............................................................................................................

1,269,000
500,000

1,269,000
500,000

1,769,000

1,769,000

TOTAL COUNTER-ISLAMIC ISIS TRAIN & EQUIP FUND ......

1,769,000

1,769,000

TOTAL OTHER AUTHORIZATIONS ....................................................

2,534,753

2,484,642

010
020

010

010

010
020
030

010
020

50,111

TITLE XLVI—MILITARY
CONSTRUCTION

3
4
5

FY 2018
Request

Line

SEC. 4601. MILITARY CONSTRUCTION.
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and Installation

MILITARY CONSTRUCTION
MILCON, ARMY

† HR 2810 PAP

Project Title

Budget
Request

Senate
Authorized

961
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

MILCON, ARMY

State/Country and Installation
Alabama
Fort Rucker
Arizona
Davis-Monthan AFB
Fort Huachuca
California
Fort Irwin
Colorado
Fort Carson, Colorado
Fort Carson, Colorado
Florida
Eglin AFB
Georgia
Fort Benning
Fort Benning
Fort Gordon
Fort Gordon
Germany
Stuttgart
Weisbaden
Hawaii
Fort Shafter
Pohakuloa Training Area

Project Title

Budget
Request

Senate
Authorized

Training Support Facility .......................................

38,000

38,000

General Instruction Building ..................................
Ground Transport Equipment Building ................

22,000
30,000

22,000
30,000

Land Acquisition ......................................................

3,000

3,000

Ammunition Supply Point ......................................
Battlefield Weather Facility .....................................

21,000
8,300

21,000
8,300

Multipurpose Range Complex ..................................

18,000

18,000

Air Traffic Control Tower (ATCT) .........................
Training Support Facility .......................................
Access Control Point .................................................
Automation-Aided Instructional Building .............

0
28,000
33,000
18,500

10,800
28,000
33,000
18,500

Commissary ...............................................................
Administrative Building ..........................................

40,000
43,000

40,000
43,000

Command and Control Facility, Incr 3 .................
Operational Readiness Training Complex (Barracks).

90,000
0

90,000
25,000

Shipping and Receiving Building ...........................

24,000

24,000

Unmanned Aerial Vehicle Hangar ..........................

53,000

53,000

Cemetery ....................................................................

22,000

22,000

Reception Barracks Complex, Ph1 ..........................
Mission Training Complex .......................................

60,000
25,000

60,000
25,000

Vehicle Maintenance Shop ........................................
Vehicle Maintenance Shop ........................................
Battalion Headquarters Complex ............................

13,600
0
37,000

13,600
33,000
37,000

Forward Operating Site ...........................................

6,400

6,400

Secure Admin/Operations Facility, Incr 3 .............
Aircraft Maintenance Instructional Bldg ...............

14,124
34,000

14,124
34,000

Security Fence ...........................................................

20,000

20,000

Confinement Facility ................................................

66,000

0

Fire Station ...............................................................

19,500

19,500

Planning and Design ................................................

72,770

72,770

Host Nation Support ................................................

28,700

28,700

Unspecified Minor Construction ..............................

31,500

31,500

ERI: Planning and Design ......................................

0

15,700

SUBTOTAL MILCON, ARMY ..........................................................................................................

920,394

938,894

Enlisted Dining Facility & Community Bldgs ......

36,358

36,358

Combat Vehicle Repair Facility ..............................
Ammunition Supply Point Upgrade ......................

36,539
61,139

36,539
61,139

P988 Undersea Rescue Command (URC) Operations Building.
F/A 18 Avionics Repair Facility Replacement ......
F–35 Simulator Facility ..........................................

0

36,000

60,828
0

60,828
47,574

Aircraft Maintenance Hangar (INC 2) ..................
P440 Pier 8 Replacement .........................................
Potable Water Treatment/Blending Facility ..........

39,600
0
55,099

39,600
108,000
55,099

MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON,
MILCON,
MILCON,
MILCON,

ARMY
ARMY
ARMY
ARMY

MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY

MILCON, ARMY

MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY

MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY
MILCON, ARMY

Indiana
Crane Army Ammunition
Plant
Korea
Kunsan AB
New York
U.S. Military Academy
South Carolina
Fort Jackson
Shaw AFB
Texas
Camp Bullis
Fort Hood
Fort Hood, Texas
Turkey
Turkey Various
Virginia
Fort Belvoir
Joint Base LangleyEustis
Joint Base Myer-Henderson
Washington
Joint Base LewisMcchord
Yakima
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY

Arizona
Yuma
California
Barstow
Camp Pendleton, California
Coronado
Lemoore
Marine Corps Air Station
Miramar
Miramar
San Diego
Twentynine Palms, California

† HR 2810 PAP

962
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

MIL CON, NAVY
MIL CON, NAVY

District of Columbia
NSA Washington
NSA Washington
Djibouti
Camp Lemonier, Djibouti
Florida
Mayport

Project Title

Budget
Request

Senate
Authorized

Washington Navy Yard AT/FP Land Acquisition
Electronics Science and Technology Laboratory ....

60,000
37,882

0
37,882

Aircraft Parking Apron Expansion ........................

13,390

13,390

P426 Littoral Combat Ship (LCS) Support Facility (LSF).
P427 Littoral Combat Ship (LCS) Training Facility (LTF).
Missile Magazines .....................................................
Advanced Wastewater Treatment Plant (AWWTP)

0

81,000

0

29,000

9,824
74,994

9,824
74,994

Combat Vehicle Warehouse .......................................

0

43,308

Strategic Aircraft Parking Apron Expansion ........

22,045

22,045

Water Well Field .......................................................
MALS Facilities ........................................................
Corrosion Control Hangar .......................................
Aircraft Maintenance Hangar #2 ..........................
Navy-Commercial Tie-in Hardening ......................

56,088
49,431
66,747
75,233
37,180

56,088
49,431
66,747
75,233
37,180

Sewer Lift Station & Relief Sewer Line .................

73,200

73,200

LHD Pad Conversions MV–22 Landing Pads .......
Mokapu Gate Entry Control AT/FP Compliance ..

19,012
0

19,012
26,492

Communications/Crypto Facility ............................

65,864

65,864

KC130J Enlisted Aircrew Trainer Facility ...........

21,860

21,860

Paint, Blast, and Rubber Facility ..........................

61,692

61,692

Water Treatment Plant Replacement Hadnot Pt ..

65,784

65,784

Bachelor Enlisted Quarters ......................................

37,983

37,983

F–35B Vertical Lift Fan Test Facility ...................

15,671

15,671

Radio BN Complex, Phase 2 ....................................

0

64,292

ISR Operations Facility Expansion .......................
ACU–4 Electrical Upgrades .....................................

29,262
2,596

29,262
2,596

TBS Fire Station Building 533 Replacement .......

0

23,738

Chambers Field Magazine Recap Ph 1 ...................
Ship Repair Training Facility ...............................
Bachelor Enlisted Quarters ......................................

34,665
72,990
36,358

34,665
72,990
36,358

Missile Magazines .....................................................

44,440

44,440

Unspecified Minor Construction ..............................

23,842

23,842

ERI: Planning and Design ......................................

0

18,500

Planning and Design ................................................

219,069

228,069

SUBTOTAL MIL CON, NAVY ..........................................................................................................

1,616,665

2,043,569

MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY

MIL CON, NAVY
MIL
MIL
MIL
MIL
MIL

State/Country and Installation

CON,
CON,
CON,
CON,
CON,

NAVY
NAVY
NAVY
NAVY
NAVY

MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY

MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY
MIL CON, NAVY

Mayport
Mayport
Mayport
Georgia
Marine Corps Logistics
Base Albany
Greece
Souda Bay
Guam
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Joint Region Marianas
Hawaii
Joint Base Pearl HarborHickam
Kaneohe Bay
Marine Corps Base
Kaneohe Bay
Wahiawa
Japan
Iwakuni
Maine
Kittery
North Carolina
Camp Lejeune, North
Carolina
Camp Lejeune, North
Carolina
Cherry Point Marine
Corps Air Station
Marine Corps Base
Lejeune
Virginia
Dam Neck
Joint Expeditionary Base
Little Creek—Story
Marine Corps Base
Quantico
Norfolk
Portsmouth
Yorktown
Washington
Indian Island
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

MILCON, AIR FORCE
Alaska
MILCON, AIR
Eielson
FORCE
MILCON, AIR
Eielson
FORCE
MILCON, AIR
Eielson
FORCE
MILCON, AIR
Eielson
FORCE
MILCON, AIR
Eielson
FORCE
MILCON, AIR
Eielson
FORCE

† HR 2810 PAP

AFB

Repair Central Heat/Power Plant Boiler PH 4 ....

41,000

41,000

AFB

F–35A OSS/Weapons/Intel Facility ........................

11,800

11,800

AFB

F–35A AGE Facility / Fillstand .............................

21,000

21,000

AFB

F–35A R–11 Fuel Truck Shelter .............................

9,600

9,600

AFB

F–35A Satellite Dining Facility .............................

8,000

8,000

AFB

F–35A Consolidated Munitions Admin Facility ....

27,000

27,000

963
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE

State/Country and Installation

Project Title

Budget
Request

Senate
Authorized

Eielson AFB

F–35A ADAL Conventional Munitions Facility ....

2,500

2,500

Eielson AFB

F–35A Extend Utiliduct to South Loop .................

48,000

48,000

Arkansas
Little Rock AFB

Dormitory - 168 PN .................................................

0

20,000

Australia
Darwin

APR—Bulk Fuel Storage Tanks .............................

76,000

76,000

Colorado
Buckley Air Force Base

SBIRS Operations Facility .....................................

38,000

38,000

Fort Carson, Colorado

13 ASOS Expansion .................................................

13,000

13,000

U.S. Air Force Academy

Air Force CyberWorx ................................................

30,000

30,000

Estonia
Amari Air Base

ERI: POL Capacity Phase II ..................................

0

4,700

Amari Air Base

ERI: Tactical Fighter Aircraft Parking Apron .....

0

9,200

Dormitories (288 RM) ..............................................

0

44,000

Florida
Eglin AFB
Eglin AFB

F–35A Armament Research Fac Addition (B614)

8,700

8,700

Eglin AFB

Long-Range Stand-Off Acquisition Fac ..................

38,000

38,000

Macdill AFB

KC–135 Beddown OG/MXG HQ .............................

8,100

8,100

Tyndall AFB

Fire/Crash Rescue Station .......................................

0

17,000

Georgia
Robins AFB

Commercial Vehicle Visitor Control Facility ..........

9,800

9,800

Hungary
Kecskemet AB

ERI: Increase POL Storage Capacity ....................

0

12,500

Kecskemet AB

ERI: Construct Parallel Taxiway ...........................

0

30,000

Kecskemet AB

ERI: Airfield Upgrades ............................................

0

12,900

Iceland
Keflavik

ERI: Airfield Upgrades ............................................

0

14,400

Italy
Aviano AB

Guardian Angel Operations Facility ......................

27,325

27,325

Kansas
Mcconnell AFB

Combat Arms Facility ..............................................

17,500

17,500

Latvia
Lielvarde Air Base

ERI: Expand Strategic Ramp Parking ..................

0

3,850

Luxembourg
Sanem

ERI: ECAOS Deployable Airbase System Storage

0

67,400

Mariana Islands
Tinian

APR Land Acquisition .............................................

12,900

12,900

Maryland
Joint Base Andrews

PAR Land Acquisition .............................................

17,500

17,500

Joint Base Andrews

Presidential Aircraft Recap Complex ......................

254,000

58,000

Massachusetts
Hanscom AFB

Vandenberg Gate Complex ........................................

11,400

11,400

Nevada
Nellis AFB

Red Flag 5th Gen Facility Addition .......................

23,000

23,000

Nellis AFB

Virtual Warfare Center Operations Facility ..........

38,000

38,000

New Mexico
Cannon AFB

Dangerous Cargo Pad Relocate CATM ...................

42,000

42,000

† HR 2810 PAP

964
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE
MILCON, AIR
FORCE

State/Country and Installation

Project Title

Budget
Request

Senate
Authorized

Holloman AFB

RPA Fixed Ground Control Station Facility ........

4,250

4,250

Kirtland AFB

Replace Fire Station 3 .............................................

0

9,300

North Dakota
Minot AFB

Indoor Firing Range ................................................

27,000

27,000

Norway
Rygge

ERI: Replace/Expand Quick Reaction Alert Pad ..

0

10,300

Ohio
Wright-Patterson AFB

Fire/Crash Rescue Station .......................................

0

6,800

Oklahoma
Altus AFB

Fire Rescue Center ....................................................

0

16,000

Altus AFB

KC–46A FTU Fuselage Trainer Phase 2 ................

4,900

4,900

Qatar
Al Udeid, Qatar

Consolidated Squadron Operations Facility ..........

15,000

15,000

Romania
Campia Turzii

ERI: Upgrade Utilities Infrastructure ....................

0

2,950

Slovakia
Malacky

ERI: Increase POL Storage Capacity ....................

0

20,000

Malacky

ERI: Airfield Upgrades ............................................

0

4,000

Sliac Airport

ERI: Airfield Upgrades ............................................

0

22,000

Texas
Joint Base San Antonio

Camp Bullis Dining Facility ..................................

18,500

18,500

Joint Base San Antonio

Air Traffic Control Tower ........................................

10,000

10,000

Joint Base San Antonio

BMT Recruit Dormitory 7 .......................................

90,130

90,130

Joint Base San Antonio

BMT Classrooms/Dining Facility 4 ........................

38,000

38,000

Turkey
Incirlik AB

Dormitory—216 PN .................................................

25,997

25,997

United Kingdom
Royal Air Force Fairford

EIC RC–135 Intel and Squad Ops Facility ..........

38,000

38,000

Royal Air Force Fairford

EIC RC–135 Runway Overrun Reconfiguration ...

5,500

5,500

Royal Air Force Fairford

EIC RC–135 Infrastructure .....................................

2,150

2,150

Consolidated Corrosion Control Facility ................

20,000

20,000

F–35A F–15 Parking ...............................................

10,800

10,800

F–35A Flight Simulator Facility ............................

22,000

22,000

F–35A Field Training Detachment Facility ..........

12,492

12,492

F–35A Infrastructure ...............................................

6,700

6,700

F–35A 6–Bay Hangar ..............................................

24,000

24,000

F–35A Squadron Operations and AMU .................

41,000

41,000

UTTR Consolidated Mission Control Center ..........

28,000

28,000

KC–46A Main Operating Base 4 ............................

269,000

253,000

Planning and Design ................................................

0

56,400

Planning and Design ................................................

97,852

97,852

ERI: Planning and Design ......................................

0

56,630

Unspecified Minor Construction ..............................

31,400

31,400

Royal Air Force
Lakenheath
Royal Air Force
Lakenheath
Royal Air Force
Lakenheath
Royal Air Force
Lakenheath
Royal Air Force
Lakenheath
Royal Air Force
Lakenheath
Royal Air Force
Lakenheath
Utah
Hill AFB
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Various Worldwide Locations

† HR 2810 PAP

965
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

MILCON, AIR
FORCE

State/Country and Installation
Wyoming
F. E. Warren AFB

Project Title

Consolidated Helo/TRF Ops/AMU and Alert Fac

† HR 2810 PAP

Senate
Authorized

62,000

62,000

1,738,796

1,967,126

SOF Marine Battalion Company/Team Facilities

9,958

9,958

SOF Motor Transport Facility Expansion ............

7,284

7,284

Ambulatory Care Center Replacement ....................

26,400

26,400

SOF Basic Training Command ..............................

96,077

96,077

SOF SEAL Team Ops Facility ...............................

66,218

66,218

SOF Logistics Support Unit One Ops Fac. #3 .....

46,175

46,175

SOF SEAL Team Ops Facility ...............................

50,265

50,265

Ambulatory Care Center/Dental Add./Alt. ..............

10,200

10,200

Battalion Complex, PH 1 ........................................

64,364

64,364

SOF Simulator Facility ...........................................

5,000

5,000

Upgrade Open Storage Yard ....................................

4,100

4,100

SOF Simulator & Fuselage Trainer Facility ........

11,700

11,700

SOF Combat Aircraft Parking Apron ....................

34,700

34,700

Blood Donor Center Replacement ............................

10,350

10,350

Medical Center Replacement Incr 7 ........................

106,700

106,700

Spangdahlem Elementary School Replacement ......

79,141

79,141

Robinson Barracks Elem. School Replacement ......

46,609

46,609

Construct Hydrant System ......................................

18,100

18,100

Construct Truck Load & Unload Facility ..............

23,900

23,900

NSAH Kunia Tunnel Entrance ..............................

5,000

5,000

Construct Hydrant System ......................................

22,400

22,400

Vicenza High School Replacement ...........................

62,406

62,406

Construct Bulk Storage Tanks PH 1 ......................

30,800

30,800

SOF Special Tactics Operations Facility ..............

27,573

27,573

SOF Maintenance Hangar .......................................

3,972

3,972

Replace Mooring System ..........................................

11,900

11,900

Upgrade Fuel Wharf .................................................

45,600

45,600

SOF Tactical Equipment Maintenance Fac ..........

25,323

25,323

Hangar/Aircraft Maintenance Unit ........................

12,034

12,034

Operations and Warehouse Facilities ......................

8,590

8,590

SUBTOTAL MILCON, AIR FORCE ..............................................................................................
MIL CON, DEF-WIDE
California
MIL CON, DEFCamp Pendleton, CaliWIDE
fornia
MIL CON, DEFCamp Pendleton, CaliWIDE
fornia
MIL CON, DEFCamp Pendleton, CaliWIDE
fornia
MIL CON, DEFCoronado
WIDE
MIL CON, DEFCoronado
WIDE
MIL CON, DEFCoronado
WIDE
MIL CON, DEFCoronado
WIDE
Colorado
MIL CON, DEFSchriever AFB
WIDE
Conus Classified
MIL CON, DEFClassified Location
WIDE
Florida
MIL CON, DEFEglin AFB
WIDE
MIL CON, DEFEglin AFB
WIDE
MIL CON, DEFHurlburt Field
WIDE
MIL CON, DEFHurlburt Field
WIDE
Georgia
MIL CON, DEFFort Gordon
WIDE
Germany
MIL CON, DEFRhine Ordnance Barracks
WIDE
MIL CON, DEFSpangdahlem AB
WIDE
MIL CON, DEFStuttgart
WIDE
Greece
Souda Bay
MIL CON, DEFWIDE
Guam
MIL CON, DEFAndersen AFB
WIDE
Hawaii
MIL CON, DEFKunia
WIDE
Italy
MIL CON, DEFSigonella
WIDE
MIL CON, DEFVicenza
WIDE
Japan
MIL CON, DEFIwakuni
WIDE
MIL CON, DEFKadena AB
WIDE
MIL CON, DEFKadena AB
WIDE
Okinawa
MIL CON, DEFWIDE
MIL CON, DEFSasebo
WIDE
MIL CON, DEFTorii Commo Station
WIDE
MIL CON, DEFYokota AB
WIDE
MIL CON, DEFYokota AB
WIDE

Budget
Request

966
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE

Project Title

Budget
Request

Senate
Authorized

Yokota AB

Simulator Facility ....................................................

2,189

2,189

Yokota AB

Airfield Apron ...........................................................

10,800

10,800

Medical Center Addition/Alteration Incr 2 ............

123,800

123,800

NSAW Recapitalize Building #2 Incr 3 ................

313,968

313,968

Missouri
Fort Leonard Wood

Hospital Replacement Ph 1 .....................................

250,000

50,000

Fort Leonard Wood

Blood Processing Center Repalcement .....................

11,941

11,941

St Louis

Next NGA West (N2W) Complex Ph1 .....................

381,000

50,000

SOF C–130 Age Facility ..........................................

8,228

8,228

North

SOF Human Performance Training Center ..........

10,800

10,800

North

SOF Motor Transport Maintenance Expansion ....

20,539

20,539

North

Ambulatory Care Center Addition/Alteration ........

15,300

15,300

North

Ambulatory Care Center/Dental Clinic ...................

21,400

21,400

North

Ambulatory Care Center/Dental Clinic ...................

22,000

22,000

SOF Support Battalion Admin Facility ................

13,518

13,518

Maryland
Bethesda Naval Hospital
Fort Meade

New Mexico
Cannon AFB

DEF-

North Carolina
Camp Lejeune,
Carolina
Camp Lejeune,
Carolina
Camp Lejeune,
Carolina
Camp Lejeune,
Carolina
Camp Lejeune,
Carolina
Fort Bragg

DEF-

Fort Bragg

SOF Human Performance Training Ctr ................

20,260

20,260

DEF-

Fort Bragg

SOF Tactical Equipment Maintenance Facility ...

20,000

20,000

DEF-

Fort Bragg

SOF Telecomm Reliability Improvements ..............

4,000

4,000

DEF-

Seymour Johnson AFB

Construct Tanker Truck Delivery System ..............

20,000

20,000

Puerto Rico
Punta Borinquen

Ramey Unit School Replacement ............................

61,071

61,071

South Carolina
Shaw AFB

Consolidate Fuel Facilities .......................................

22,900

22,900

Texas
Fort Bliss

Blood Processing Center ...........................................

8,300

8,300

Fort Bliss

Hospital Replacement Incr 8 ...................................

251,330

251,330

United Kingdom
Menwith Hill Station

RAFMH Main Gate Rehabilitation ........................

11,000

11,000

Utah
Hill AFB

Replace POL Facilities ............................................

20,000

20,000

SOF SATEC Range Expansion ..............................

23,000

23,000

Replace Hazardous Materials Warehouse ...............

18,500

18,500

DEFDEFDEFDEFDEF-

MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE

State/Country and Installation

DEFDEF-

Virginia
Joint Expeditionary Base
Little Creek—Story
Norfolk

DEF-

Pentagon

Security Updates .......................................................

13,260

13,260

DEF-

Pentagon

Pentagon Corr 8 Pedestrian Access Control Pt ......

8,140

8,140

DEF-

Pentagon

S.E. Safety Traffic and Parking Improvements ....

28,700

28,700

DEF-

Portsmouth

Replace Harardous Materials Warehouse ...............

22,500

22,500

Unspecified Minor Construction ..............................

8,000

8,000

Planning and Design ................................................

26,147

26,147

Planning and Design ................................................

39,746

39,746

MIL CON, DEFWIDE
MIL CON, DEFWIDE
MIL CON, DEFWIDE

Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

† HR 2810 PAP

967
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and Installation

Project Title

Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

Unspecified Minor Construction ..............................

3,000

3,000

Unspecified Minor Construction ..............................

7,384

7,384

ERI: Planning and Design ......................................

0

1,900

Planning and Design ................................................

1,150

1,150

Planning & Design ...................................................

23,012

23,012

Unspecified Minor Construction ..............................

2,039

2,039

Energy Resilience and Conserv. Invest. Prog. ........

150,000

176,500

Contingency Construction ........................................

10,000

10,000

Unspecified Minor Construction ..............................

3,000

3,000

Planning and Design ................................................

13,500

13,500

ERCIP Design ...........................................................

10,000

10,000

Unspecified Minor Construction ..............................

3,000

3,000

Planning and Design ................................................

20,000

20,000

Planning and Design ................................................

40,220

40,220

Unspecified Minor Construction ..............................

10,000

10,000

Exercise Related Minor Construction ......................

11,490

11,490

Planning and Design ................................................

0

1,150

Planning and Design ................................................

1,942

1,942

SUBTOTAL MIL CON, DEF-WIDE ...............................................................................................

3,114,913

2,613,463

Combined Support Maintenance Shop ....................

36,000

36,000

Enlisted Barracks, Transient Training ..................

0

9,000

Digital Air/Ground Integration Range ...................

22,000

22,000

Vehicle Maintenance Instructional Facility ...........

0

8,500

Enlisted Barracks, Transient Training ..................

0

19,000

National Guard Readiness Center ...........................

17,500

17,500

National Guard Readiness Center ...........................

19,000

19,000

National Guard Readiness Center ...........................

39,000

39,000

Aircraft Maintenance Hangar (Addition) ..............

0

32,000

National Guard Readiness Center Addition ...........

8,600

8,600

National Guard Readiness Center ...........................
Training Aids Center ...............................................

0
4,550

15,000
4,550

National Guard Readiness Center ...........................

31,000

31,000

Unspecified Minor Construction ..............................

16,731

16,731

Planning and Design ................................................

16,271

16,271

SUBTOTAL MILCON, ARNG ..........................................................................................................

210,652

294,152

TFI Construct RPA Flight Training Unit .............

15,000

15,000

Space Control Facility .............................................

8,000

8,000

Account
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE
MIL CON,
WIDE

DEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEFDEF-

Budget
Request

Senate
Authorized

MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG
MILCON, ARNG

Delaware
New Castle
Idaho
Mission Training Center
Gowen
Orchard Trainig Area
Iowa
Camp Dodge
Kansas
Fort Leavenworth
Maine
Presque Isle
Maryland
Sykesville
Minnesota
Arden Hills
Missouri
Springfield
New Mexico
Las Cruces
Virginia
Fort Belvoir
Fort Pickett
Washington
Tumwater
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

MILCON, ANG
MILCON, ANG
MILCON, ANG

California
March AFB
Colorado
Peterson AFB

† HR 2810 PAP

968
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

MILCON, ANG

State/Country and Installation
Connecticut
Bradley IAP
Indiana
Hulman Regional Airport
Kentucky
Louisville IAP
Mississippi
Jackson International
Airport
Missouri
Rosecrans Memorial Airport
New York
Hancock Field
Ohio
Toledo Express Airport
Oklahoma
Tulsa International Airport
Oregon
Klamath Falls IAP
Klamath Falls IAP
South Dakota
Joe Foss Field
Tennessee
McGhee-Tyson Airport
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

Project Title

Budget
Request

Senate
Authorized

Construct Base Entry Complex ...............................

7,000

7,000

Construct Small Arms Range ..................................

0

8,000

Add/Alter Response Forces Facility ........................

9,000

9,000

Construct Small Arms Range ..................................

0

8,000

Replace Communications Facility ..........................

10,000

10,000

Add to Flight Training Unit, Building 641 ..........

6,800

6,800

NORTHCOM—Construct Alert Hangar ................

15,000

15,000

Construct Small Arms Range ..................................

0

8,000

Construct Corrosion Control Hangar ......................
Construct Indoor Range ...........................................

10,500
8,000

10,500
8,000

Aircraft Maintenance Shops ....................................

12,000

12,000

Replace KC–135 Maintenance Hangar and Shops

25,000

25,000

Planning and Design ................................................

0

2,000

Planning and Design ................................................

18,000

18,000

Unspecified Minor Construction ..............................

17,191

17,191

SUBTOTAL MILCON, ANG ..............................................................................................................

161,491

187,491

Army Reserve Center ................................................

36,000

36,000

Army Reserve Center ................................................

0

19,500

Area Maintenance Support Activity .......................

0

9,100

Army Reserve Center ................................................

12,400

12,400

Army Reserve Center ................................................

0

30,000

AT/MOB Dining Facility–1428 PN ........................

13,000

13,000

Planning and Design ................................................

6,887

6,887

Unspecified Minor Construction ..............................

5,425

5,425

SUBTOTAL MILCON, ARMY R ......................................................................................................

73,712

132,312

Naval Operational Support Center Lemoore ..........

17,330

17,330

Naval Operational Support Center Fort Gordon ...

17,797

17,797

Aircraft Apron, Taxiway & Support Facilities .....

11,573

11,573

KC130-J Eacts Facility ...........................................

12,637

12,637

Unspecified Minor Construction ..............................

1,504

1,504

Planning & Design ...................................................

4,430

4,430

SUBTOTAL MIL CON, NAVY RES ...............................................................................................

65,271

65,271

MILCON, ANG
MILCON, ANG
MILCON, ANG

MILCON, ANG

MILCON, ANG
MILCON, ANG
MILCON, ANG

MILCON, ANG
MILCON, ANG
MILCON, ANG
MILCON, ANG
MILCON, ANG
MILCON, ANG
MILCON, ANG

MILCON, ARMY R
MILCON, ARMY R
MILCON, ARMY R
MILCON, ARMY R
MILCON, ARMY R
MILCON, ARMY R

MILCON, ARMY R
MILCON, ARMY R
MILCON, ARMY R

California
Fallbrook
Delaware
Newark
Ohio
Wright-Patterson AFB
Puerto Rico
Aguadilla
Washington
Joint Base LewisMcChord
Wisconsin
Fort McCoy
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

MIL CON, NAVY RES
California
MIL CON, NAVY RES
Lemoore
Georgia
MIL CON, NAVY RES
Fort Gordon
New Jersey
MIL CON, NAVY RES
Joint Base Mcguire-DixLakehurst
Texas
MIL CON, NAVY RES
Fort Worth
Worldwide Unspecified
MIL CON, NAVY RES
Unspecified Worldwide
Locations
MIL CON, NAVY RES
Unspecified Worldwide
Locations

MILCON, AF RES
Florida

† HR 2810 PAP

969
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and Installation

Project Title

Patrick AFB
Georgia
Robins AFB
Guam
Joint Region Marianas
Hawaii
Joint Base Pearl HarborHickam
Massachusetts
Westover ARB
Westover ARB
Minnesota
Minneapolis-St Paul IAP
North Carolina
Seymour Johnson AFB
Texas
NAS JRB Fort Worth
Utah
Hill AFB
Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

Guardian Angel Facility ..........................................

25,000

25,000

Consolidated Mission Complex Phase 2 ..................

0

32,000

Reserve Medical Training Facility .........................

5,200

5,200

Consolidated Training Facility ...............................

5,500

5,500

Indoor Small Arms Range .......................................
Maintenance Facility Shops ....................................

10,000
0

10,000
51,100

Indoor Small Arms Range .......................................

0

9,000

KC–46A ADAL for Alt Mission Storage .................

6,400

6,400

Munitions Training/Admin Facility ......................

0

3,100

Add/Alter Life Support Facility ..............................

3,100

3,100

Planning & Design ...................................................

0

13,500

Planning & Design ...................................................

4,725

4,725

Unspecified Minor Construction ..............................

3,610

3,610

SUBTOTAL MILCON, AF RES .......................................................................................................

63,535

172,235

154,000

154,000

Account
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES

MILCON, AF RES
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES
MILCON, AF RES

NATO SEC INV PRGM
Worldwide Unspecified
NATO SEC INV
Nato Security Investment
PRGM
Program

Nato Security Investment Program ........................

Budget
Request

Senate
Authorized

SUBTOTAL NATO SEC INV PRGM .............................................................................................

154,000

154,000

TOTAL MILITARY CONSTRUCTION ........................................................................................

8,119,429

8,568,513

Family Housing New Construction .........................

6,100

6,100

Construction Improvements .....................................

34,156

34,156

Family Housing New Construction (36 Units) ......

22,445

22,445

Family Housing New Construction Incr 2 .............

34,402

34,402

Family Housing Replacement Construction ...........

31,000

0

Family Housing Replacement Construction ...........

21,000

21,000

Planning & Design ...................................................

33,559

33,559

SUBTOTAL FAM HSG CON, ARMY ............................................................................................

182,662

151,662

Management ..............................................................

37,089

37,089

Services ......................................................................

8,930

8,930

Furnishings ...............................................................

12,816

12,816

Miscellaneous .............................................................

400

400

Maintenance ..............................................................

57,708

57,708

Utilities ......................................................................

60,251

60,251

Leasing .......................................................................

148,538

148,538

FAMILY HOUSING
FAM HSG CON, ARMY
Georgia
FAM HSG CON,
Fort Gordon
ARMY
Germany
FAM HSG CON,
Baumholder
ARMY
FAM HSG CON,
South Camp Vilseck
ARMY
Korea
FAM HSG CON,
Camp Humphreys
ARMY
Kwajalein
FAM HSG CON,
Kwajalein Atoll
ARMY
Massachusetts
FAM HSG CON,
Natick
ARMY
Worldwide Unspecified
FAM HSG CON,
Unspecified Worldwide
ARMY
Locations

FAM HSG O&M, ARMY
Worldwide Unspecified
FAM HSG O&M,
Unspecified Worldwide
ARMY
Locations
FAM HSG O&M,
Unspecified Worldwide
ARMY
Locations
FAM HSG O&M,
Unspecified Worldwide
ARMY
Locations
FAM HSG O&M,
Unspecified Worldwide
ARMY
Locations
FAM HSG O&M,
Unspecified Worldwide
ARMY
Locations
FAM HSG O&M,
Unspecified Worldwide
ARMY
Locations
FAM HSG O&M,
Unspecified Worldwide
ARMY
Locations

† HR 2810 PAP

970
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and Installation

Project Title

Unspecified Worldwide
Locations

Housing Privitization Support ...............................

20,893

20,893

SUBTOTAL FAM HSG O&M, ARMY ............................................................................................

346,625

346,625

Construct On-Base GFOQ ........................................

2,138

2,138

Replace Andersen Housing PH II ...........................

40,875

0

Account
FAM HSG O&M,
ARMY

FAM HSG CON, N/MC
Bahrain Island
FAM HSG CON, N/
SW Asia
MC
Mariana Islands
FAM HSG CON, N/
Guam
MC
Worldwide Unspecified
FAM HSG CON, N/
Unspecified Worldwide
MC
Locations
FAM HSG CON, N/
Unspecified Worldwide
MC
Locations

Budget
Request

Senate
Authorized

Construction Improvements .....................................

36,251

36,251

Planning & Design ...................................................

4,418

4,418

SUBTOTAL FAM HSG CON, N/MC ..............................................................................................

83,682

42,807

Utilities ......................................................................

62,167

62,167

Furnishings ...............................................................

14,529

14,529

Management ..............................................................

50,989

50,989

Miscellaneous .............................................................

336

336

Services ......................................................................

15,649

15,649

Leasing .......................................................................

61,921

61,921

Maintenance ..............................................................

95,104

95,104

Housing Privatization Support ...............................

27,587

27,587

SUBTOTAL FAM HSG O&M, N/MC .............................................................................................

328,282

328,282

FAM HSG O&M, N/MC
Worldwide Unspecified
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations
FAM HSG O&M, N/
Unspecified Worldwide
MC
Locations

FAM HSG CON, AF
FAM HSG CON, AF

Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

Construction Improvements .....................................

80,617

80,617

Planning & Design ...................................................

4,445

4,445

SUBTOTAL FAM HSG CON, AF ....................................................................................................

85,062

85,062

Housing Privatization ..............................................

21,569

21,569

Utilities ......................................................................

47,504

47,504

Management ..............................................................

53,464

53,464

Services ......................................................................

13,517

13,517

Furnishings ...............................................................

29,424

29,424

Miscellaneous .............................................................

1,839

1,839

Leasing .......................................................................

16,818

16,818

Maintenance ..............................................................

134,189

134,189

SUBTOTAL FAM HSG O&M, AF ...................................................................................................

318,324

318,324

Utilities ......................................................................

4,100

4,100

Furnishings ...............................................................

407

407

Utilities ......................................................................

268

268

FAM HSG CON, AF

FAM HSG O&M, AF
FAM HSG O&M, AF
FAM HSG O&M, AF
FAM HSG O&M, AF
FAM HSG O&M, AF
FAM HSG O&M, AF
FAM HSG O&M, AF
FAM HSG O&M, AF
FAM HSG O&M, AF

Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW

Worldwide Unspecified
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

† HR 2810 PAP

971
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and Installation

Project Title

FAM HSG O&M, DW

Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

Leasing .......................................................................

12,390

12,390

Maintenance ..............................................................

655

655

Furnishings ...............................................................

641

641

Leasing .......................................................................

39,716

39,716

Furnishings ...............................................................

6

6

Services ......................................................................

14

14

Utilities ......................................................................

86

86

Maintenance ..............................................................

567

567

Management ..............................................................

319

319

SUBTOTAL FAM HSG O&M, DW .................................................................................................

59,169

59,169

Administrative Expenses—Fhif ...............................

2,726

2,726

SUBTOTAL FAM HSG IMPROVE FUND ..................................................................................

2,726

2,726

TOTAL FAMILY HOUSING .............................................................................................................

1,406,532

1,334,657

58,000

58,000

58,000

58,000

Base Realignment & Closure ...................................

93,474

93,474

DON–172: NWS Seal Beach, Concord, CA .............

5,355

5,355

DON–138: NAS Brunswick, ME .............................

647

647

DON–157: MCSA Kansas City, MO .......................

40

40

DON–84: JRB Willow Grove & Cambria Reg AP

4,737

4,737

Undistributed ............................................................

7,210

7,210

DON–100: Planing, Design and Management .......

8,428

8,428

DON–101: Various Locations ..................................

23,753

23,753

SUBTOTAL DOD BRAC—NAVY ....................................................................................................

143,644

143,644

DoD BRAC Activities—Air Force ...........................

54,223

54,223

SUBTOTAL DOD BRAC—AIR FORCE .......................................................................................

54,223

54,223

TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE ............................................

255,867

255,867

Administrative Expenses—UHIF ...........................

623

623

SUBTOTAL UNACCMP HSG IMPRV FUND ...........................................................................

623

623

TOTAL UNACCMP HSG IMPRV FUND ....................................................................................

623

623

FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW
FAM HSG O&M, DW

FAM HSG IMPROVE FUND
Worldwide Unspecified
FAM HSG IMPROVE
Unspecified Worldwide
FUND
Locations

DEFENSE BASE REALIGNMENT AND CLOSURE
DOD BRAC—ARMY
Worldwide Unspecified
DOD BRAC—ARMY
Base Realignment & Clo- Base Realignment and Closure ................................
sure, Army
SUBTOTAL DOD BRAC—ARMY ...................................................................................................

Budget
Request

Senate
Authorized

DOD BRAC—NAVY
DOD BRAC—NAVY
DOD BRAC—NAVY
DOD BRAC—NAVY
DOD BRAC—NAVY
DOD BRAC—NAVY
DOD BRAC—NAVY
DOD BRAC—NAVY
DOD BRAC—NAVY

Worldwide Unspecified
Base Realignment & Closure, Navy
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

DOD BRAC—AIR FORCE
Worldwide Unspecified
DOD BRAC—AIR
Unspecified Worldwide
FORCE
Locations

UNACCMP HSG IMPRV FUND
UNACCMP HSG IMPRV FUND
Worldwide Unspecified
UNACCMP HSG
Unaccompanied Housing
IMPRV FUND
Improvement Fund

† HR 2810 PAP

972
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and Installation

Project Title

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ..................

1

Budget
Request

Senate
Authorized

9,782,451

10,159,660

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CON-

2

TINGENCY OPERATIONS.
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
Account

State or Country and
Installation

MILITARY CONSTRUCTION
MILCON, ARMY
Guantanamo Bay, Cuba
MILCON, ARMY
Guantanamo Bay
Worldwide Unspecified
MILCON, ARMY
Unspecified Worldwide
Locations
MILCON, ARMY
Unspecified Worldwide
Locations

Project Title

Budget
Request

Senate
Authorized

OCO: Barracks ..........................................................

115,000

115,000

ERI: Planning and Design ......................................

15,700

0

OCO: Planning and Design .....................................

9,000

9,000

SUBTOTAL MILCON, ARMY ..........................................................................................................

139,700

124,000

ERI: Planning and Design ......................................

18,500

0

SUBTOTAL MIL CON, NAVY ..........................................................................................................

18,500

0

ERI: POL Capacity Phase II ..................................

4,700

0

ERI: Tactical Fighter Aircraft Parking Apron .....

9,200

0

ERI: Increase POL Storage Capacity ....................

12,500

0

ERI: Construct Parallel Taxiway ...........................

30,000

0

ERI: Airfield Upgrades ............................................

12,900

0

ERI: Airfield Upgrades ............................................

14,400

0

OCO: MSAB Development .......................................

143,000

143,000

ERI: Expand Strategic Ramp Parking ..................

3,850

0

ERI: ECAOS Deployable Airbase System Storage

67,400

0

ERI: Replace/Expand Quick Reaction Alert Pad ..

10,300

0

ERI: Upgrade Utilities Infrastructure ....................

2,950

0

ERI: Increase POL Storage Capacity ....................

20,000

0

ERI: Airfield Upgrades ............................................

4,000

0

ERI: Airfield Upgrades ............................................

22,000

0

OCO: Replace Perimeter Fence ................................

8,100

8,100

OCO: Relocate Base Main Access Control Point ....

14,600

14,600

MIL CON, NAVY
MIL CON, NAVY

Worldwide Unspecified
Unspecified Worldwide
Locations

MILCON, AIR FORCE
Estonia
MILCON, AIR
Amari Air Base
FORCE
Amari Air Base
MILCON, AIR
FORCE
Hungary
MILCON, AIR
Kecskemet AB
FORCE
MILCON, AIR
Kecskemet AB
FORCE
MILCON, AIR
Kecskemet AB
FORCE
Iceland
MILCON, AIR
Keflavik
FORCE
Jordan
MILCON, AIR
Azraq
FORCE
Latvia
MILCON, AIR
Lielvarde Air Base
FORCE
Luxembourg
MILCON, AIR
Sanem
FORCE
Norway
MILCON, AIR
Rygge
FORCE
Romania
MILCON, AIR
Campia Turzii
FORCE
Slovakia
MILCON, AIR
Malacky
FORCE
MILCON, AIR
Malacky
FORCE
MILCON, AIR
Sliac Airport
FORCE
Turkey
MILCON, AIR
Incirlik AB
FORCE
MILCON, AIR
Incirlik AB
FORCE
Worldwide Unspecified

† HR 2810 PAP

973
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
State or Country and
Installation

Project Title

Unspecified Worldwide
Locations
Unspecified Worldwide
Locations

ERI: Planning and Design ......................................

56,630

0

OCO—Planning and Design ...................................

41,500

41,500

SUBTOTAL MILCON, AIR FORCE ..............................................................................................

478,030

207,200

ERI: Planning and Design ......................................

1,900

0

SUBTOTAL MIL CON, DEF-WIDE ...............................................................................................

1,900

0

TOTAL MILITARY CONSTRUCTION ........................................................................................

638,130

331,200

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ..................

638,130

331,200

Account
MILCON, AIR
FORCE
MILCON, AIR
FORCE

MIL CON, DEF-WIDE
Worldwide Unspecified
MIL CON, DEFUnspecified Worldwide
WIDE
Locations

Budget
Request

Senate
Authorized

3

TITLE XLVII—DEPARTMENT OF
ENERGY NATIONAL SECURITY
PROGRAMS

4

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY

1
2

5

PROGRAMS.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

FY 2018
Request

Senate
Authorized

Discretionary Summary by Appropriation
Energy and Water Development and Related Agencies
Appropriation Summary:
Energy Programs
Nuclear energy ...........................................................................................

133,000

133,000

Atomic Energy Defense Activities
National nuclear security administration:
Weapons activities .............................................................................
Defense nuclear nonproliferation .....................................................
Naval reactors ....................................................................................
Federal Salaries and Expenses ........................................................
Total, National nuclear security administration .............................

10,239,344
1,793,310
1,479,751
418,595
13,931,000

10,512,944
2,043,607
1,517,751
418,595
14,492,897

815,512
30,000
845,512
14,776,512

815,512
30,000
845,512
15,338,409

14,909,512

15,471,409

Defense EM funded ............................................................................................
Uranium enrichment D&D fund contribution ........................................
Total, Discretionary Funding ......................................................................

5,537,186
0
20,446,698

5,537,186
0
21,008,595

Nuclear Energy
Idaho sitewide safeguards and security ....................................................................
Total, Nuclear Energy .....................................................................................
Defense (050) function.....................(non-add) ..................................................................

133,000
133,000
( 133,000)

133,000
133,000
–133,000

Environmental and other defense activities:
Other defense activities .....................................................................
Defense nuclear waste disposal .........................................................
Total, Environmental & other defense activities ...............................
Total, Atomic Energy Defense Activities .................................................
Subtotal, Energy And Water Development and Related Agencies .........................................................................................................................

Weapons Activities
Directed stockpile work

† HR 2810 PAP

974
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

FY 2018
Request

Senate
Authorized

Life extension programs and major alterations
B61 Life extension program .....................................................................
W76 Life extension program .....................................................................
W88 Alt 370 ...............................................................................................
W88 Alteration program ...........................................................................
W80–4 Life extension program ................................................................
Total, Life extension programs and major alterations ..................

788,572
224,134
0
332,292
399,090
1,744,088

788,572
224,134
0
332,292
399,090
1,744,088

Stockpile systems
B61 Stockpile systems ...............................................................................
W76 Stockpile systems ..............................................................................
W78 Stockpile systems ..............................................................................
W80 Stockpile systems ..............................................................................
B83 Stockpile systems ...............................................................................
W87 Stockpile systems ..............................................................................
W88 Stockpile systems ..............................................................................
Total, Stockpile systems ..................................................................................

59,729
51,400
60,100
80,087
35,762
83,200
131,576
501,854

59,729
51,400
60,100
80,087
35,762
83,200
131,576
501,854

Weapons dismantlement and disposition
Operations and maintenance ....................................................................

52,000

52,000

Stockpile services
Production support ....................................................................................
Research and development support ..........................................................
R&D certification and safety ...................................................................
Program increase for technology maturation .................
Management, technology, and production ...............................................
Total, Stockpile services .................................................................................

285,400
983,790

Strategic materials
Uranium sustainment ...............................................................................
Plutonium sustainment .............................................................................
Tritium sustainment .................................................................................
Domestic uranium enrichment .................................................................
Strategic materials sustainment ..............................................................
Total, Strategic materials .............................................................................
Total, Directed stockpile work ....................................................................

20,579
210,367
198,152
60,000
206,196
695,294
3,977,026

Research, development, test evaluation (RDT&E)
Science
Advanced certification ...............................................................................
Primary assessment technologies ..............................................................
Dynamic materials properties ..................................................................
Advanced radiography ..............................................................................
Secondary assessment technologies ...........................................................
Academic alliances and partnerships ......................................................
Enhanced Capabilities for Subcritical Experiments ..............................
Radiography project completion ......................................
Total, Science .......................................................................................................
Engineering
Enhanced surety ........................................................................................
Program increase for technology maturation .................
Weapon systems engineering assessment technology ...............................
Nuclear survivability .................................................................................
Enhanced surveillance ...............................................................................
Stockpile Responsiveness ...........................................................................
Program increase ..............................................................
Total, Engineering ............................................................................................
Inertial confinement fusion ignition and high yield
Ignition .......................................................................................................
Support of other stockpile programs ........................................................
Diagnostics, cryogenics and experimental support .................................
Pulsed power inertial confinement fusion ...............................................
Joint program in high energy density laboratory plasmas ...................
Facility operations and target production ..............................................
Support increased shot rates ............................................
Total, Inertial confinement fusion and high yield ...........................

† HR 2810 PAP

470,400
31,150
196,840

57,710
89,313
122,347
37,600
76,833
52,963
50,755
487,521

39,717
23,029
45,230
45,147
40,000
193,123

79,575
23,565
77,915
7,596
9,492
334,791
532,934

470,400
31,150
217,740
[20,900]
285,400
1,004,690

20,579
210,367
198,152
60,000
206,196
695,294
3,997,926

57,710
89,313
122,347
37,600
76,833
52,963
65,755
[15,000]
502,521

52,017
[12,300]
23,029
45,230
45,147
50,000
[10,000]
215,423

79,575
23,565
77,915
7,596
9,492
346,791
[12,000]
544,934

975
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

Advanced simulation and computing
Advanced simulation and computing ......................................................
Construction:
18–D–670, Exascale Class Computer Cooling Equipment, LNL ..
18–D–620, Exascale Computing Facility Modernization Project
Total, Construction ...........................................................................................
Total, Advanced simulation and computing .......................................

FY 2018
Request

Senate
Authorized

709,244

709,244

22,000
3,000
25,000
734,244

22,000
3,000
25,000
734,244

Advanced manufacturing development
Additive manufacturing ............................................................................
Program increase for research and infrastructure .........
Component manufacturing development ..................................................
Improve production efficiency .........................................
Process technology development ................................................................
Total, Advanced manufacturing development ....................................
Total, RDT&E ......................................................................................................

29,896
80,540
2,028,362

Infrastructure and operations
Operating
Operations of facilities
Operations of facilities ......................................................................
Kansas City National Security Campus .........................................
Lawrence Livermore National Laboratory ......................................
Los Alamos National Laboratory ....................................................
Nevada National Security Site ........................................................
Pantex ................................................................................................
Sandia National Laboratories .........................................................
Savannah River Site ........................................................................
Y–12 National security complex ......................................................
Total, Operations of facilities .....................................................................

868,000
0
0
0
0
0
0
0
0
868,000

Safety and environmental operations ......................................................
Maintenance and repair of facilities .......................................................
Reduce deferred maintenance backlog .............................
Recapitalization .........................................................................................
Reduce deferred maintenance backlog .............................
Construction:
18–D–660, Fire Station, Y–12 .................................................................
18–D–650, Tritium Production Capability, SRS ..................................
17–D–640, U1a Complex Enhancements Project, NNSS .......................
17–D–630, Expand Electrical Distribution System, LLNL ..................
17–D–126, PF–4 reconfiguration project, LANL ...................................
17–D–125, RLOUB reconfiguration project, LANL ..............................
16–D–621 TA–3 substation replacement, LANL ....................................
16–D–515 Albuquerque complex project ..................................................
15–D–613 Emergency Operations Center, Y–12 .....................................
15–D–302, TA–55 Reinvestment project, Phase 3, LANL .....................
11–D–801 TA–55 Reinvestment project Phase 2, LANL .......................
07–D–220 Radioactive liquid waste treatment facility upgrade
project, LANL ........................................................................................
07–D–220-04 Transuranic liquid waste facility, LANL .......................
06–D–141 Uranium processing facility Y–12, Oak Ridge, TN .............
Chemistry and metallurgy replacement (CMRR)
04–D–125 Chemistry and metallurgy research facility replacement project, LANL ......................................................................
04–D–125—04 RLUOB equipment installation ............................
04–D–125—05 PF –4 equipment installation ...............................
Total, Chemistry and metallurgy replacement (CMRR) ................
Total, Construction ...........................................................................................
Total, Infrastructure and operations ......................................................
Secure transportation asset
Operations and equipment ................................................................................
Program direction ..............................................................................................
Total, Secure transportation asset ...........................................................
Defense nuclear security
Operations and maintenance ............................................................................
Reduce deferred maintenance backlog .....................................
Security improvements program ......................................................................

† HR 2810 PAP

12,000
38,644

116,000
360,000
427,342

24,000
[12,000]
75,044
[36,400]
29,896
128,940
2,126,062

868,000
0
0
0
0
0
0
0
0
868,000
116,000
410,000
[50,000]
527,342
[100,000]

28,000
6,800
22,100
6,000
0
0
0
98,000
7,000
0
0

28,000
6,800
22,100
6,000
0
0
0
98,000
7,000
0
0

2,100
17,895
663,000

2,100
17,895
663,000

180,900
0
0
180,900
1,031,795
2,803,137

180,900
0
0
180,900
1,031,795
2,953,137

219,464
105,600
325,064

219,464
105,600
325,064

686,977
0

691,977
[5,000]
0

976
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

FY 2018
Request

Senate
Authorized

Construction:
17–D–710 West end protected area reduction project, Y–12 ..................
14–D–710 Device assembly facility argus installation project, NNSS,
NV ...........................................................................................................
Total, Defense nuclear security ..................................................................

0

0

0
686,977

0
691,977

Information technology and cybersecurity ...............................................................
Legacy contractor pensions .......................................................................................
Subtotal, Weapons activities ........................................................................

186,728
232,050
10,239,344

186,728
232,050
10,512,944

Adjustments
Use of prior year balances ................................................................................
Subtotal, Weapons activities ........................................................................

0
10,239,344

0
10,512,944

Rescission
Rescission of prior year balances .....................................................................
Total, Weapons Activities ...............................................................................

0
10,239,344

0
10,512,944

Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security ..................................................................
Enhanced nuclear security ...............................................
Radiological security .................................................................................
Protection and safe disposal of radioactive sources .......
Domestic radiologic security .....................................................................
International radiologic security .............................................................
Nuclear smuggling detection .....................................................................
Radiation detection ..........................................................
Total, Global material security ..................................................................

337,108

66,339
[20,000]
166,340
[20,000]
0
0
204,429
[60,000]
437,108

Material management and minimization
HEU reactor conversion ...........................................................................
Nuclear material removal .........................................................................
Material disposition ..................................................................................
Total, Material management & minimization ....................................

125,500
32,925
173,669
332,094

125,500
32,925
173,669
332,094

Nonproliferation and arms control ..................................................................
Verification ................................................................................
Defense nuclear nonproliferation R&D ............................................................
Nonproliferation construction
U. S. Construction:
18–D–150 Surplus Plutonium Disposition Project ........................
99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, SRS
Increase to continue construction of MOX .............
Total, Nonproliferation construction ......................................................
Total, Defense Nuclear Nonproliferation Programs ........................
Legacy contractor pensions .......................................................................................
Nuclear counterterrorism and incident response program .....................................
Subtotal, Defense Nuclear Nonproliferation .......................................
Adjustments
Use of prior year balances ................................................................................
Subtotal, Defense Nuclear Nonproliferation .......................................
Rescission ....................................................................................................................
Rescission of prior year balances .....................................................................
Total, Defense Nuclear Nonproliferation ..............................................

Naval Reactors
Naval reactors development .......................................................................................
Ohio replacement reactor systems development .......................................................
Columbia-Class reactor systems development ...........................................................
S8G Prototype refueling ............................................................................................
Naval reactors operations and infrastructure ..........................................................
Reduce deferred maintenance backlog ..............................................
Construction: ...............................................................................................................
17–D–911, BL Fire System Upgrade ..............................................................

† HR 2810 PAP

46,339
146,340
0
0
144,429

129,703
446,095

9,000
270,000

200,000
[70,297]
446,095

279,000
1,524,000

9,000
350,000
[80,000]
359,000
1,774,297

40,950
277,360
1,842,310

40,950
277,360
2,092,607

0
1,842,310

0
2,092,607
0
–49,000
2,043,607

–49,000
1,793,310

473,267
0
156,700
190,000
466,884

0

473,267
0
156,700
190,000
504,884
[38,000]
0
0

977
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

FY 2018
Request

Senate
Authorized

15–D–904 NRF Overpack Storage Expansion 3 ............................................
15–D–903 KL Fire System Upgrade ...............................................................
15–D–902 KS Engineroom team trainer facility ...........................................
14–D–902 KL Materials characterization laboratory expansion, KAPL .....
14–D–901 Spent fuel handling recapitalization project, NRF ......................
10-D–903, Security upgrades, KS ....................................................................
Total, Construction ...........................................................................................
Program direction ......................................................................................................
Subtotal, Naval Reactors ...............................................................................

13,700
15,000
0
0
116,000
0
144,700
48,200
1,479,751

13,700
15,000
0
0
116,000
0
144,700
48,200
1,517,751

Rescission
Rescission of prior year balances .....................................................................
Total, Naval Reactors ......................................................................................

0
1,479,751

0
1,517,751

Federal Salaries and Expenses
Program direction ......................................................................................................
Rescission ..................................................................................................
Total, Federal Salaries and Expenses .....................................................

418,595
0
418,595

418,595
0
418,595

Defense Environmental Cleanup
Closure sites:
Closure sites administration .............................................................................

4,889

4,889

Hanford site:
River corridor and other cleanup operations:
River corridor and other cleanup operations ..........................................

58,692

58,692

Central plateau remediation:
Central plateau remediation .....................................................................

637,879

637,879

Richland community and regulatory support .................................................
Construction
18–D–404 WESF Modifications and Capsule Storage ..........................
15–D–401 Containerized sludge removal annex, RL ..............................
Total, Construction ...........................................................................................
Total, Hanford site ............................................................................................

5,121

5,121

6,500
8,000
14,500
716,192

6,500
8,000
14,500
716,192

Idaho National Laboratory:
SNF stabilization and disposition—2012 .......................................................
Solid waste stabilization and disposition ........................................................
Radioactive liquid tank waste stabilization and disposition .........................
Soil and water remediation—2035 ..................................................................
Idaho community and regulatory support ......................................................
Total, Idaho National Laboratory ............................................................

19,975
170,101
111,352
44,727
4,071
350,226

19,975
170,101
111,352
44,727
4,071
350,226

1,175
1,800
60,136
2,600
191,629
257,340

1,175
1,800
60,136
2,600
191,629
257,340

29,369
48,110

29,369
48,110

5,000
17,100
99,579

5,000
17,100
99,579

NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory ......................................................
Nuclear facility D&D Separations Process Research Unit ............................
Nevada ................................................................................................................
Sandia National Laboratories ..........................................................................
Los Alamos National Laboratory .....................................................................
Total, NNSA sites and Nevada off-sites ..................................................
Oak Ridge Reservation:
OR Nuclear facility D & D
OR-0041—D&D - Y–12 ............................................................................
OR-0042—D&D -ORNL ...........................................................................
Construction
17–D–401 On-site waste disposal facility .......................................
14–D–403 Outfall 200 Mercury Treatment Facility ......................
Total, OR Nuclear facility D & D ..............................................................
U233 Disposition Program ...............................................................................
OR cleanup and disposition
OR cleanup and disposition .....................................................................

33,784

33,784

66,632

66,632

OR community & regulatory support ..............................................................

4,605

4,605

Solid waste stabilization and disposition

† HR 2810 PAP

978
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

FY 2018
Request

Senate
Authorized

Oak Ridge technology development ..........................................................
Total, Oak Ridge Reservation .....................................................................

3,000
207,600

3,000
207,600

Office of River Protection:
Waste treatment and immobilization plant
Construction:
01–D–416 A-D WTP Subprojects A-D ...........................................
01–D–416 E—Pretreatment Facility ............................................
Total, 01–D–416 Construction .....................................................................

655,000
35,000
690,000

655,000
35,000
690,000

WTP Commissioning ........................................................................................
Total, Waste treatment & immobilization plant ................................

8,000
698,000

8,000
698,000

Tank farm activities
Rad liquid tank waste stabilization and disposition .............................
Construction:
15–D–409 Low activity waste pretreatment system, ORP ............
Total, Tank farm activities ...........................................................................
Total, Office of River protection .................................................................

713,311

713,311

93,000
806,311
1,504,311

93,000
806,311
1,504,311

Savannah River Sites:
Savannah River risk management operations:
Nuclear material stabilization and disposition ......................................
SNF stabilization and disposition ...........................................................
Soil and water remediation–2035 ............................................................
Solid waste stabilization and disposition ................................................
Total, Savannah River risk management operations .....................

0
0
0
0
0

0
0
0
0
0

Nuclear Material Management
Nuclear Material Management .........................................................

323,482

323,482

Environmental Cleanup
Environmental Cleanup ..................................................................
Construction:
08–D–402, Emergency Operations Center ......................................
Total, Environmental Cleanup ...................................................................

159,478

159,478

500
159,978

500
159,978

SR community and regulatory support ...........................................................

11,249

11,249

597,258

597,258

500
40,000
0
150,000
1,282,467

500
40,000
0
150,000
1,282,467

Radioactive liquid tank waste:
Radioactive liquid tank waste stabilization and disposition ................
Construction:
18–D–401, SDU #8/9 ......................................................................
17–D–402—Saltstone Disposal Unit #7 ........................................
15–D–402—Saltstone Disposal Unit #6, SRS ..............................
05–D–405 Salt waste processing facility, Savannah River Site ..
Total, Savannah River Site ..........................................................................
Waste Isolation Pilot Plant
Operations and maintenance ............................................................................
Recovery activities .............................................................................................
Central characterization project .......................................................................
Transportation ...................................................................................................
Construction:
15–D–411 Safety significant confinement ventilation system, WIPP ..
15–D–412 Exhaust shaft, WIPP ..............................................................
Total, Construction ...........................................................................................
Total, Waste Isolation Pilot Plant .............................................................

206,617
0
22,500
21,854

206,617
0
22,500
21,854

46,000
19,600
65,600
316,571

46,000
19,600
65,600
316,571

Program direction ......................................................................................................
Program support ........................................................................................................
WCF Mission Related Activities ...............................................................................
Minority Serving Institution Partnership ...............................................................

300,000
6,979
22,109
6,000

300,000
6,979
22,109
6,000

Safeguards and Security:
Oak Ridge Reservation ......................................................................................
Paducah ..............................................................................................................
Portsmouth .........................................................................................................
Richland/Hanford Site ......................................................................................
Savannah River Site .........................................................................................

16,500
14,049
12,713
75,600
142,314

16,500
14,049
12,713
75,600
142,314

† HR 2810 PAP

979
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

FY 2018
Request

Senate
Authorized

Waste Isolation Pilot Project ............................................................................
West Valley .........................................................................................................
Total, Safeguards and Security ..................................................................

5,200
2,784
269,160

5,200
2,784
269,160

Cyber Security ............................................................................................................
Technology development .............................................................................................
HQEF-0040—Excess Facilities ................................................................................
CB-0101 Economic assistance to the state of NM ...................................................
Subtotal, Defense environmental cleanup ............................................

43,342
25,000
225,000
0
5,537,186

43,342
25,000
225,000
0
5,537,186

Rescission:
Rescission of prior year balances .....................................................................
Total, Defense Environmental Cleanup .................................................

0
5,537,186

5,537,186

Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security ........................................................
Program direction ..............................................................................................
Total, Environment, Health, safety and security ...............................

130,693
68,765
199,458

130,693
68,765
199,458

Independent enterprise assessments
Independent enterprise assessments ..................................................................
Program direction ..............................................................................................
Total, Independent enterprise assessments ..........................................

24,068
50,863
74,931

24,068
50,863
74,931

Specialized security activities ...................................................................................

237,912

237,912

Office of Legacy Management
Legacy management ..........................................................................................
Program direction ..............................................................................................
Total, Office of Legacy Management ........................................................

137,674
16,932
154,606

137,674
16,932
154,606

Defense related administrative support
Chief financial officer ........................................................................................
Chief information officer ...................................................................................
Management .......................................................................................................
Project management oversight and Assessments ..............................................
Total, Defense related administrative support ...................................

48,484
91,443
0
3,073
143,000

48,484
91,443
0
3,073
143,000

5,605
815,512

5,605
815,512

0
0
0
0
0
0
0
815,512

0
0
0
0
0
0
0
815,512

Defense Nuclear Waste Disposal
Yucca mountain and interim storage .......................................................................

30,000

30,000

Uranium Enrichment D&D Fund
Uranium Enrichment D&D Fund Contribution ....................................................

0

0

Office of hearings and appeals ..................................................................................
Subtotal, Other defense activities ..............................................................
Rescission:
Rescission of prior year balances (LM) ...........................................................
Rescission of prior year balances (EHS&S) ...................................................
Rescission of prior year balances (OHA) ........................................................
Rescission of prior year balances (SSA) ..........................................................
Rescission of prior year balances (EA) ............................................................
Rescission of prior year balances (ESA) .........................................................
Total, Rescission .................................................................................................
Total, Other Defense Activities ...................................................................

† HR 2810 PAP

980

3

DIVISION E—ADDITIONAL
PROVISIONS
TITLE LI—PROCUREMENT

4

SEC. 5101. PLAN FOR MODERNIZATION OF THE RADAR FOR

5

F–16 FIGHTER AIRCRAFT OF THE NATIONAL

6

GUARD.

1
2

7

(a) MODERNIZATION PLAN REQUIRED.—The Sec-

8 retary of the Air Force shall develop a plan to modernize
9 the radars of F–16 fighter aircraft of the National Guard
10 by replacing legacy mechanically-scanned radars for such
11 aircraft with AESA radars.
12

(b) REPORT.—Not later 180 days after the date of the

13 enactment of this Act, the Secretary shall submit to the con14 gressional defense committees the plan developed pursuant
15 to subsection (a).
16
17

SEC. 5102. UPGRADE OF M113 VEHICLES.

No amounts authorized to be appropriated by this Act

18 or otherwise made available for the Department of Defense
19 for fiscal year 2018 may be obligated or expended to up20 grade Army M113 vehicles until the Secretary of the Army
21 submits to the congressional defense committees a report set22 ting forth the strategy of the Army for the upgrade of such
23 vehicles. The report shall include the following:
24
25

(1) A detailed strategy for upgrading and fielding M113 vehicles.
† HR 2810 PAP

981
1

(2) An analysis of the manner in which the

2

Army plans to address M113 vehicle survivability

3

and maneuverability concerns.

4

(3) An analysis of the historical costs associated

5

with upgrading M113 vehicles, and a validation of

6

current cost estimates for upgrading such vehicles.

7

(4) A comparison of total procurement and life

8

cycle costs of adding an echelon above brigade (EAB)

9

requirement to the Army Multi-Purpose Vehicle

10

(AMPV) with total procurement and life cycle costs of

11

upgrading legacy M113 vehicles.

12

(5) An analysis of the possibility of further accel-

13

erating Army Multi-Purpose Vehicle production or

14

modifying the current fielding strategy for the Army

15

Multi-Purpose Vehicle to meet near-term echelon

16

above brigade requirements.

19

TITLE LII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

20

SEC. 5201. REAUTHORIZATION OF DEPARTMENT OF DE-

21

FENSE ESTABLISHED PROGRAM TO STIMU-

22

LATE COMPETITIVE RESEARCH.

17
18

23

(a) MODIFICATION

OF

PROGRAM OBJECTIVES.—Sub-

24 section (b) of section 257 of the National Defense Authoriza-

† HR 2810 PAP

982
1 tion Act for Fiscal Year 1995 (Public Law 103–337; 10
2 U.S.C. 2358 note) is amended—
3
4

(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;

5

(2) by inserting before paragraph (2), as redesig-

6

nated by paragraph (1), the following new paragraph

7

(1):

8

‘‘(1) To increase the number of university re-

9

searchers in eligible States capable of performing

10

science and engineering research responsive to the

11

needs of the Department of Defense.’’; and

12

(3) in paragraph (2), as redesignated by para-

13

graph (1), by inserting ‘‘relevant to the mission of the

14

Department of Defense and’’ after ‘‘that is’’.

15

(b) MODIFICATION

OF

PROGRAM ACTIVITIES.—Sub-

16 section (c) of such section is amended—
17
18
19
20

(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph (3):

21

‘‘(3) To provide assistance to science and engi-

22

neering researchers at institutions of higher education

23

in eligible States through collaboration between De-

24

partment of Defense laboratories and such research-

25

ers.’’.

† HR 2810 PAP

983
1

(c) MODIFICATION

OF

ELIGIBILITY CRITERIA

FOR

2 STATE PARTICIPATION.—Subsection (d) of such section is
3 amended—
4

(1) in paragraph (2)(B), by inserting ‘‘in areas

5

relevant to the mission of the Department of Defense’’

6

after ‘‘programs’’; and

7

(2) by adding at the end the following new para-

8

graph:

9

‘‘(3) The Under Secretary shall not remove a designa-

10 tion of a State under paragraph (2) because the State ex11 ceeds the funding levels specified under subparagraph (A)
12 of such paragraph unless the State has exceeded such fund13 ing levels for at least two consecutive years.’’.
14
15

(d) MODIFICATION OF NAME.—
(1) IN

GENERAL.—Such

section is amended—

16

(A) in subsections (a) and (e) by striking

17

‘‘Experimental’’ each place it appears and in-

18

serting ‘‘Established’’; and
(B) in the section heading, by striking ‘‘EX-

19
20

PERIMENTAL’’

21

LISHED’’.

22

(2)

CLERICAL

and

inserting

AMENDMENT.—Such

‘‘ESTAB-

Act

is

23

amended, in the table of contents in section 2(b), by

24

striking the item relating to section 257 and inserting

25

the following new item:
‘‘Sec. 257. Defense established program to stimulate competitive research.’’.
† HR 2810 PAP

984
1

(3) CONFORMING

AMENDMENT.—Section

307 of

2

the 1997 Emergency Supplemental Appropriations

3

Act for Recovery from Natural Disasters, and for

4

Overseas Peacekeeping Efforts, Including Those in

5

Bosnia (Public Law 105–18) is amended by striking

6

‘‘Experimental’’ and inserting ‘‘Established’’.

7

SEC. 5202. PILOT PROGRAM TO IMPROVE INCENTIVES FOR

8

TECHNOLOGY TRANSFER FROM DEPARTMENT

9

OF DEFENSE LABORATORIES.

10

(a) IN GENERAL.—The Secretary of Defense shall es-

11 tablish a pilot program to assess the feasibility and advis12 ability of distributing royalties and other payments as de13 scribed in this section. Under the pilot program, except as
14 provided in subsections (b) and (d), any royalties or other
15 payments received by a Federal agency from the licensing
16 and assignment of inventions under agreements entered into
17 by Department of Defense laboratories, and from the licens18 ing of inventions of Department of Defense laboratories,
19 shall be retained by the laboratory which produced the in20 vention and shall be disposed of as follows:
21

(1)(A) The laboratory director shall pay each

22

year the first $2,000, and thereafter at least 20 per-

23

cent, of the royalties or other payments, other than

24

payments of patent costs as delineated by a license or

25

assignment agreement, to the inventor or coinventors,

† HR 2810 PAP

985
1

if the inventor’s or coinventor’s rights are directly as-

2

signed to the United States.

3

(B) A laboratory director may provide appro-

4

priate incentives, from royalties or other payments, to

5

laboratory employees who are not an inventor of such

6

inventions but who substantially increased the tech-

7

nical value of the inventions.

8

(C) The laboratory shall retain the royalties and

9

other payments received from an invention until the

10

laboratory makes payments to employees of a labora-

11

tory under subparagraph (A) or (B).

12

(2) The balance of the royalties or other pay-

13

ments shall be transferred by the agency to its labora-

14

tories, with the majority share of the royalties or

15

other payments from any invention going to the lab-

16

oratory where the invention occurred. The royalties or

17

other payments so transferred to any laboratory may

18

be used or obligated by that laboratory during the fis-

19

cal year in which they are received or during the 2

20

succeeding fiscal years—

21

(A) to reward scientific, engineering, and

22

technical employees of the laboratory, including

23

developers of sensitive or classified technology, re-

24

gardless of whether the technology has commer-

25

cial applications;

† HR 2810 PAP

986
1
2

(B) to further scientific exchange among the
laboratories of the agency;

3

(C) for education and training of employees

4

consistent with the research and development

5

missions and objectives of the agency or labora-

6

tory, and for other activities that increase the

7

potential for transfer of the technology of the lab-

8

oratories of the agency;

9

(D) for payment of expenses incidental to

10

the administration and licensing of intellectual

11

property by the agency or laboratory with re-

12

spect to inventions made at that laboratory, in-

13

cluding the fees or other costs for the services of

14

other agencies, persons, or organizations for in-

15

tellectual property management and licensing

16

services; or

17

(E) for scientific research and development

18

consistent with the research and development

19

missions and objectives of the laboratory.

20

(3) All royalties or other payments retained by

21

the laboratory after payments have been made pursu-

22

ant to paragraphs (1) and (2) that are unobligated

23

and unexpended at the end of the second fiscal year

24

succeeding the fiscal year in which the royalties and

† HR 2810 PAP

987
1

other payments were received shall be paid into the

2

Treasury of the United States.

3

(b) TREATMENT OF PAYMENTS TO EMPLOYEES.—

4

(1) IN

GENERAL.—Any

payment made to an em-

5

ployee under the pilot program shall be in addition

6

to the regular pay of the employee and to any other

7

awards made to the employee, and shall not affect the

8

entitlement of the employee to any regular pay, annu-

9

ity, or award to which the employee is otherwise enti-

10

tled or for which the employee is otherwise eligible or

11

limit the amount thereof. Any payment made to an

12

inventor as such shall continue after the inventor

13

leaves the laboratory.

14

(2) CUMULATIVE

PAYMENTS.—(A)

Cumulative

15

payments made under the pilot program while the in-

16

ventor is still employed at the laboratory shall not ex-

17

ceed $500,000 per year to any one person, unless the

18

Secretary concerned (as defined in section 101(a) of

19

title 10, United States Code) approves a larger

20

award.

21

(B) Cumulative payments made under the pilot

22

program after the inventor leaves the laboratory shall

23

not exceed $150,000 per year to any one person, un-

24

less the head of the agency approves a larger award

25

(with the excess over $150,000 being treated as an

† HR 2810 PAP

988
1

agency award to a former employee under section

2

4505 of title 5, United States Code).

3

(c) INVENTION MANAGEMENT SERVICES.—Under the

4 pilot program, a laboratory receiving royalties or other
5 payments as a result of invention management services per6 formed for another Federal agency or laboratory under sec7 tion 207 of title 35, United States Code, may retain such
8 royalties or payments to the extent required to offset pay9 ments to inventors under subparagraph (A) of subsection
10 (a)(1), costs and expenses incurred under subparagraph (D)
11 of subsection (a)(2), and the cost of foreign patenting and
12 maintenance for any invention of the other agency. All roy13 alties and other payments remaining after offsetting the
14 payments to inventors, costs, and expenses described in the
15 preceding sentence shall be transferred to the agency for
16 which the services were performed, for distribution in ac17 cordance with subsection (a)(2).
18

(d) CERTAIN ASSIGNMENTS.—Under the pilot pro-

19 gram, if the invention involved was one assigned to the lab20 oratory—
21

(1) by a contractor, grantee, or participant, or

22

an employee of a contractor, grantee, or participant,

23

in an agreement or other arrangement with the agen-

24

cy; or

† HR 2810 PAP

989
1

(2) by an employee of the agency who was not

2

working in the laboratory at the time the invention

3

was made,

4 the agency unit that was involved in such assignment shall
5 be considered to be a laboratory for purposes of this section.
6

(e) SUNSET.—The pilot program under this section

7 shall terminate 5 years after the date of the enactment of
8 this Act.

10

TITLE LIII—OPERATION AND
MAINTENANCE

11

SEC. 5301. COMPTROLLER GENERAL REPORT ON DEPART-

12

MENT OF DEFENSE INSTALLATION ACCESS

13

CONTROL INITIATIVES.

9

14

(a) IN GENERAL.—Not later than 180 days after the

15 date of the enactment of this Act, the Comptroller General
16 of the United States shall submit to the congressional de17 fense committees a report evaluating Department of Defense
18 installation access control initiatives.
19

(b) ELEMENTS.—The report required under subsection

20 (a) shall include the following elements:
21

(1) An assessment of Department of Defense re-

22

quirements for managing access to military installa-

23

tions and the extent to which the Department has

24

taken an enterprise-wide approach to developing those

25

requirements and identifying capability gaps.

† HR 2810 PAP

990
1

(2) A description of capabilities (processes and

2

systems) that are in place at military installations

3

that currently meet these requirements.

4

(3) A summary of which options, including busi-

5

ness process reengineering, the development or acqui-

6

sition of business systems, and the acquisition of com-

7

mercial solutions, are being are being pursued to close

8

those gaps.

9

(4) A description of how the Department of De-

10

fense is assessing which options to pursue in terms of

11

cost, schedule, and potential performance and to what

12

extent the Department’s assessments follow directives

13

under the Federal Acquisition Regulation and Defense

14

Supplement to the Federal Acquisition Regulation to

15

consider commercial products and services.

16

SEC. 5302. COMPREHENSIVE PLAN FOR SHARING DEPOT-

17
18

LEVEL MAINTENANCE BEST PRACTICES.

(a) IN GENERAL.—Not later than 90 days after the

19 date of the enactment of this Act, the Secretary of Defense
20 shall submit to the congressional defense committees a com21 prehensive plan for the sharing of best practices for depot22 level maintenance among the military services.
23

(b) ELEMENTS.—The comprehensive plan required

24 under subsection (a) shall cover the sharing of best practices
25 with regard to—

† HR 2810 PAP

991
1

(1) programing and scheduling;

2

(2) core capability requirements;

3

(3) workload;

4

(4) personnel management, development, and

5
6
7
8
9
10
11
12
13
14

sustainment;
(5) induction, duration, efficiency, and completion metrics;
(6) parts, supply, tool, and equipment management;
(7) capital investment and manufacturing and
production capability; and
(8) inspection and quality control.
SEC. 5303. FACILITIES DEMOLITION PLAN OF THE ARMY.

Not later than 120 days after the date of the enactment

15 of this Act, the Secretary of the Army shall submit to the
16 congressional defense committees a facilities demolition
17 plan of the Army that does the following:
18

(1) Takes into account the impact of a contami-

19

nated facility on mission readiness, and national se-

20

curity generally, in establishing priorities for the

21

demolition of facilities.

22

(2) Sets forth a multi-year plan for the demoli-

23

tion of Army facilities, including contaminated facili-

24

ties given afforded a priority for demolition pursuant

25

to paragraph (1).

† HR 2810 PAP

992

2

TITLE LV—MILITARY
PERSONNEL POLICY

3

SEC. 5501. CRIMINAL BACKGROUND CHECKS OF EMPLOY-

4

EES OF THE MILITARY CHILD CARE SYSTEM

5

AND PROVIDERS OF CHILD CARE SERVICES

6

AND YOUTH PROGRAM SERVICES FOR MILI-

7

TARY DEPENDENTS.

1

8

(a) EMPLOYEES OF MILITARY CHILD CARE SYSTEM.—

9 Section 1792 of title 10, United States Code, is amended—
10

(1) by redesignating subsection (d) as subsection

11

(e); and

12

(2) by inserting after subsection (c) the following

13

new subsection (d):

14

‘‘(d) CRIMINAL BACKGROUND CHECK.—The criminal

15 background check of child care employees under this section
16 that is required pursuant to section 231 of the Crime Con17 trol Act of 1990 (42 U.S.C. 13041) shall be conducted pur18 suant to regulations prescribed by the Secretary of Defense
19 in accordance with the provisions of section 658H of the
20 Child Care and Development Block Grant Act of 1990 (42
21 U.S.C. 9858f).’’.
22

(b) PROVIDERS OF CHILD CARE SERVICES AND YOUTH

23 PROGRAM SERVICES.—Section 1798 of such title is amend24 ed—

† HR 2810 PAP

993
1
2
3

(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following

4

new subsection (c):

5

‘‘(c) CRIMINAL BACKGROUND CHECK.—A provider of

6 child care services or youth program services may not pro7 vide such services under this section unless such provider
8 complies with the requirements for criminal background
9 checks under section 658H of the Child Care and Develop10 ment Block Grant Act of 1990 (42 U.S.C. 9858f) for the
11 State in which such services are provided.’’.
12
13

SEC. 5502. REVIEW OF TAP FOR WOMEN.

The Secretary of Defense shall conduct a comprehen-

14 sive review of the Transition Assistance Program to ensure
15 that it addresses the unique challenges and needs of women
16 as they transfer from the Armed Forces to civilian life.
17

SEC. 5503. ANNUAL REPORT ON PARTICIPATION IN THE

18

TRANSITION

19

MEMBERS OF THE ARMED FORCES.

20

ASSISTANCE

PROGRAM

FOR

Section 1144 of title 10, United States Code, is amend-

21 ed by adding at the end the following new subsection:
22

‘‘(g) ANNUAL REPORT.—(1) Not later than February

23 28 each year, the Secretary of Defense shall submit to Con24 gress a report on the participation of members of the armed

† HR 2810 PAP

994
1 forces in the program under this section during the pre2 ceding year.
3

‘‘(2) Each report under this subsection shall set forth,

4 for the year covered by such report, the following:
5

‘‘(A) The number of members who were eligible

6

for participation in the program, in aggregate and by

7

component of the armed forces.

8

‘‘(B) The number of members who participated

9

in the program, in aggregate and by component of the

10

armed forces, for each of the following:

11
12

‘‘(i) Preseparation counseling provided by
the Department of Defense.

13
14

‘‘(ii) Briefings provided by the Department
of Veterans Affairs.

15

‘‘(iii) Employment workshops provided by

16

the Department of Labor.

17

‘‘(C) The number of members who did not par-

18

ticipate in the program due to a waiver of the par-

19

ticipation requirement under subsection (c)(2) for

20

each service set forth in subparagraph (B).

21

‘‘(3) Each report under this subsection may also in-

22 clude such recommendations for legislative or administra23 tive action as the Secretary of Defense, in consultation with
24 the Secretary of Labor, the Secretary of Veterans Affairs,
25 and the Secretary of Homeland Security, considers appro-

† HR 2810 PAP

995
1 priate to increase participation of members of the armed
2 forces in each service set forth in paragraph (2)(B).’’.
3

SEC. 5504. MODIFICATION OF DEADLINE FOR SUBMITTAL

4

BY OFFICERS OF WRITTEN COMMUNICATIONS

5

TO PROMOTION SELECTION BOARDS ON MAT-

6

TERS OF IMPORTANCE TO THEIR SELECTION.

7

(a) OFFICERS

ON

ACTIVE-DUTY LIST.—Section 614(b)

8 of title 10, United States Code, is amended by striking ‘‘the
9 day’’ and inserting ‘‘10 calendar days’’.
10

(b) OFFICERS

IN

RESERVE ACTIVE-STATUS.—Section

11 14106 of such title is amended in the second sentence by
12 striking ‘‘the day’’ and inserting ‘‘10 calendar days’’.
13

(c) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the date of the enactment of this
15 Act, and shall apply with respect to promotion selection
16 boards convened on or after that date.
17

SEC. 5505. STANDARDIZATION OF AUTHORITIES IN CON-

18

NECTION WITH REPEAL OF STATUTORY SPEC-

19

IFICATION OF GENERAL OFFICER GRADE FOR

20

THE DEAN OF THE ACADEMIC BOARD OF THE

21

UNITED STATES MILITARY ACADEMY AND

22

THE DEAN OF THE FACULTY OF THE UNITED

23

STATES AIR FORCE ACADEMY.

24

(a) DEAN

OF

ACADEMIC BOARD

OF

USMA.—Section

25 4335(c) of title 10, United States Code, is amended—

† HR 2810 PAP

996
1

(1) by striking the first and third sentences; and

2

(2) in the remaining sentence, by striking ‘‘so

3

appointed’’ and inserting ‘‘appointed as Dean of the

4

Academic Board’’.

5

(b) DEAN

OF

FACULTY

OF

USAFA.—Section 9335(b)

6 of such title is amended by striking ‘‘so appointed’’ and
7 inserting ‘‘appointed as Dean of the Faculty’’.
8

SEC. 5506. CIVILIAN TRAINING FOR NATIONAL GUARD PI-

9

LOTS AND SENSOR OPERATOR AIRCREWS OF

10
11

MQ–9 UNMANNED AERIAL VEHICLES.

(a) CONTRACTS

FOR

TRAINING.—Subject to subsection

12 (c), the Chief of the National Guard Bureau may enter into
13 one or more contracts with appropriate civilian entities in
14 order to provide flying or operating training for National
15 Guard pilots and sensor operator aircrew members in the
16 MQ–9 unmanned aerial vehicle if the Chief of the National
17 Guard Bureau determines that—
18

(1) Air Force training units lack sufficient ca-

19

pacity to train such pilots or sensor operator aircrew

20

members for initial qualification in the MQ–9 un-

21

manned aerial vehicle;

22

(2) pilots or sensor operator aircrew members of

23

Air National Guard units require continuation train-

24

ing in order to remain current and qualified in the

25

MQ–9 unmanned aerial vehicle;

† HR 2810 PAP

997
1

(3) non-combat continuation training in the

2

MQ–9 unmanned aerial vehicle is necessary for such

3

pilots or sensor operator aircrew members to achieve

4

required levels of flying or operating proficiency; or

5

(4) such training for such pilots or sensor oper-

6

ator aircrew members is necessary in order to meet

7

requirements for the National Guard to provide pilots

8

and sensor operator aircrew members qualified in the

9

MQ–9 unmanned aerial vehicle for operations on ac-

10

tive duty and in State status.

11

(b) NATURE

OF

TRAINING UNDER CONTRACTS.—Any

12 training provided pursuant to a contract under subsection
13 (a) shall incorporate a level of instruction that is equivalent
14 to the instruction in the MQ–9 unmanned aerial vehicle
15 provided to pilots and sensor operator aircrew members at
16 Air Force training units.
17

(c) AUTHORITY CONTINGENT ON CERTIFICATION.—The

18 Chief of the National Guard Bureau may not use the au19 thority in subsection (a) unless and until the Secretary of
20 the Air Force certifies to the congressional defense commit21 tees in writing that the use of the authority is necessary
22 to provide required flying or operating training for Na23 tional Guard pilots and sensor operator aircrew members
24 in the MQ–9 unmanned aerial vehicle.

† HR 2810 PAP

998
1

SEC. 5507. AUTHORIZATION FOR AWARD OF THE MEDAL OF

2

HONOR TO GARLIN M. CONNER FOR ACTS OF

3

VALOR DURING WORLD WAR II.

4

(a) WAIVER

OF

TIME LIMITATIONS.—Notwithstanding

5 the time limitations specified in section 3744 of title 10,
6 United States Code, or any other time limitation with re7 spect to the awarding of certain medals to persons who
8 served in the Armed Forces, the President may award the
9 Medal of Honor under section 3741 of such title to Garlin
10 M. Conner for the acts of valor during World War II de11 scribed in subsection (b).
12

(b) ACTS

OF

VALOR DESCRIBED.—The acts of valor

13 referred to in subsection (a) are the actions of Garlin M.
14 Conner during combat on January 24, 1945, as a member
15 of the United States Army in the grade of First Lieutenant
16 in France while serving with Company K, 3d Battalion,
17 7th Infantry Regiment, 3d Infantry Division, for which he
18 was previously awarded the Distinguished Service Cross.
19

SEC. 5508. EDUCATIONAL OPPORTUNITIES FOR MILITARY

20

CHILDREN IN SCIENCE, TECHNOLOGY, ENGI-

21

NEERING, AND MATHEMATICS.

22

(a) FINDINGS.—Congress makes the following findings:

23

(1) The United States military is keenly aware

24

of the need to support the families of those who serve

25

our country.

† HR 2810 PAP

999
1

(2) Military children face unique challenges in

2

educational achievement due to frequent changes of

3

station by, deployments by, and even injuries to their

4

parents.

5

(3) Investing in quality education opportunities

6

for all military children from cradle to career ensures

7

parents are able to stay focused on the mission, and

8

children are able to benefit from consistent relation-

9

ships with caring teachers who support their early

10

learning so they can be ready to excel in school.

11
12

(4) Research shows that early math is at least as
predictive of later school success as early literacy.

13

(5) Investing in early learning for military chil-

14

dren is an important element in a comprehensive

15

strategy for ensuring a smart, skilled, and committed

16

future national security workforce.

17

(6) To strengthen the global standing and mili-

18

tary might of the United States, technology, and in-

19

novation, the Nation must continuously look for ways

20

to strengthen early education of children in science,

21

technology, engineering, and mathematics (STEM).

22

(b) GUIDANCE.—Not later than one year after the date

23 of the enactment of this Act, the Secretary of Defense shall
24 issue guidance to the Armed Forces in order to ensure the
25 following:

† HR 2810 PAP

1000
1

(1) The placement of a priority on supporting

2

early learning in science, technology, engineering, and

3

mathematics for children, including those at Depart-

4

ment of Defense schools and schools serving large

5

military child populations.

6

(2) Support for efforts to ensure that training

7

and curriculum specialists, teachers and other care-

8

givers, and staff serving military children have the

9

training and skills necessary to implement instruc-

10

tion in science, technology, engineering, and mathe-

11

matics that provides the necessary foundation for fu-

12

ture learning and educational achievement in such

13

areas.

14

(c) REPORT.—Not later than two years after the date

15 of the enactment of this Act, the Secretary shall submit to
16 the congressional defense committees a report setting forth
17 the following:
18

(1) A description and assessment of the progress

19

made in improving educational opportunities and

20

achievement for military children in science, tech-

21

nology, engineering, and mathematics.

22
23

(2) A description and assessment of efforts to implement the guidance issued under subsection (b).

† HR 2810 PAP

1001

3

TITLE
LLVI—COMPENSATION
AND OTHER PERSONNEL BENEFITS

4

SEC. 5601. REPORT ON USE OF SECOND-DESTINATION

1
2

5

TRANSPORTATION

6

FRUIT AND VEGETABLES TO COMMISSARIES

7

IN THE ASIA-PACIFIC REGION.

8

TO

TRANSPORT

FRESH

(a) REPORT REQUIRED.—In accordance with the Na-

9 tional Defense Authorization Act for Fiscal Year 2017 (Pub10 lic Law 114–328) and recommendations in the report of
11 the Inspector General of the Department of Defense dated
12 February 28, 2017, regarding Pacific Fresh Fruits and
13 Vegetables (FFV), the Secretary of Defense shall submit to
14 the congressional defense committees a report setting forth
15 the following:
16

(1) A description of the costs of using second-des-

17

tination transportation (SDT) to transport fresh fruit

18

and vegetables to commissaries in Asia and the Pa-

19

cific in each of fiscal years 2015 through 2017.

20

(2) Recommendations for innovative, locally-

21

sourced alternatives to use of second-destination

22

transportation in order to supply fresh fruit and

23

vegetables to commissaries in Asia and the Pacific.

† HR 2810 PAP

1002
1

(b) SUBMITTAL DATE.—The report required by sub-

2 section (a) shall be submitted not later than 120 days after
3 the date of the enactment of this Act.
4

SEC. 5602. REPORT ON MANAGEMENT OF MILITARY COM-

5
6

MISSARIES AND EXCHANGES.

(a) REPORT REQUIRED.—Not later than 180 days

7 after the date of the enactment of this Act, the Secretary
8 of Defense shall submit to the congressional defense commit9 tees a report regarding management practices of military
10 commissaries and exchanges.
11

(b) ELEMENTS.—The report required under this sec-

12 tion shall include a cost-benefit analysis with the goals of—
13

(1) reducing the costs of operating military com-

14

missaries and exchanges by $2,000,000,000 during

15

fiscal years 2018 through 2022; and

16
17

(2) not raising costs for patrons of military commissaries and exchanges.

19

TITLE LVII—HEALTH CARE
PROVISIONS

20

SEC. 5701. STUDY ON SAFE OPIOID PRESCRIBING PRAC-

18

21
22

TICES.

(a) STUDY.—The Secretary of Defense shall conduct a

23 study on the effectiveness of the training provided to health
24 care providers of the Department of Defense regarding
25 opioid prescribing practices, initiatives in opioid safety, the

† HR 2810 PAP

1003
1 use of the VA/DOD Clinical Practice Guideline for Manage2 ment of Opioid Therapy for Chronic Pain, and other re3 lated training.
4

(b) ELEMENTS.—The study under subsection (a) shall

5 address the effectiveness of training with respect to the fol6 lowing:
7
8
9

(1) Identifying and treating individuals with
chronic pain.
(2) Prescribing opioid analgesics, including—

10

(A) reducing average dosages;

11

(B) reducing average number of dosages;

12

(C) reducing initial and average durations

13

of opioid analgesic therapy;

14

(D) reducing dose escalation when opioid

15

analgesic therapy has resulted in adequate pain

16

reduction; and

17

(E) reducing the average number of pre-

18

scription opioid analgesics dispensed by the De-

19

partment of Defense.

20

(3) Reducing the number of overdoses due to pre-

21

scription opioids for patients with acute pain and

22

patients undergoing opioid therapy for chronic pain.

23

(4) Developing validated opioid dependence

24

screening tools for health care providers of the Depart-

25

ment.

† HR 2810 PAP

1004
1

(5) Communicating to health care providers of

2

the Department changes in policies of the Department

3

regarding opioid safety and prescribing practices.

4

(6) Providing education on the risks of opioid

5

medications to individuals for whom such medica-

6

tions are prescribed and to their families, with special

7

consideration given to raising awareness among ado-

8

lescents on such risks.

9

(7) Providing counseling and referrals for, and

10

expanding access to, treatment alternatives to opioid

11

analgesics.

12

(8) Developing and implementing a physician

13

advisory committee of the Department relating to

14

education programs for prescribers of opioid analge-

15

sics.

16

(9) Developing methods to incentivize health care

17

providers of the Department to use physical therapy

18

or alternative methods to treat acute or chronic pain.

19

(10) Developing curricula on pain management

20

and safe opioid analgesic prescribing that incor-

21

porates opioid analgesic prescribing guidelines issued

22

by the Centers for Disease Control and Prevention.

23

(c) BRIEFING.—Not later than 180 days after the date

24 of the enactment of this Act, the Secretary shall provide to
25 the Committees on Armed Services of the Senate and the

† HR 2810 PAP

1005
1 House of Representatives a briefing on the results of the
2 study conducted under subsection (a).
3

SEC. 5702. SPECIFICATION THAT INDIVIDUALS UNDER THE

4

AGE OF 21 ARE ELIGIBLE FOR HOSPICE CARE

5

SERVICES UNDER THE TRICARE PROGRAM.

6

(a) RULE

OF

CONSTRUCTION.—Section 705 shall have

7 no further force or effect.
8

(b) IN GENERAL.—Section 1079(a)(15) of title 10,

9 United States Code, is amended by inserting before the pe10 riod at the end the following: ‘‘, except that hospice care
11 may be provided to an individual under the age of 21 con12 currently with health care services or hospitalization for the
13 same condition.’’.
14

SEC. 5703. REGULAR UPDATE OF PRESCRIPTION DRUG

15

PRICING STANDARD UNDER TRICARE RETAIL

16

PHARMACY PROGRAM.

17

Section 1074g(d) of title 10, United States Code, is

18 amended by adding at the end the following new paragraph:
19

‘‘(3) With respect to the TRICARE retail pharmacy

20 program described in subsection (a)(2)(E)(ii), the Secretary
21 shall ensure that a contract entered into with a TRICARE
22 pharmacy program contractor includes requirements de23 scribed in section 1860D–12(b)(6) of the Social Security Act
24 (42 U.S.C. 1395w–112(b)(6)) to ensure the provision of in-

† HR 2810 PAP

1006
1 formation regarding the pricing standard for prescription
2 drugs.’’.
3

SEC. 5704. LONGITUDINAL MEDICAL STUDY ON BLAST

4

PRESSURE EXPOSURE OF MEMBERS OF THE

5

ARMED FORCES.

6

(a) IN GENERAL.—The Secretary of Defense shall con-

7 duct a longitudinal medical study on blast pressure expo8 sure of members of the Armed Forces during combat and
9 training, including members who train with high over10 pressure weapons, such as anti-tank recoilless rifles and
11 heavy-caliber sniper rifles.
12

(b) ELEMENTS.—The study required under subsection

13 (a) shall—
14

(1) monitor, record, and analyze data on blast

15

pressure exposure for any member of the Armed

16

Forces who is likely to be exposed to a blast in train-

17

ing or combat;

18

(2) assess the feasibility and advisability of in-

19

cluding blast exposure history as part of the service

20

record of a member, as a blast exposure log, in order

21

to ensure that, if medical issues arise later, the mem-

22

ber receives care for any service-connected injuries;

23

and

24

(3) review the safety precautions surrounding

25

heavy weapons training to account for emerging re-

† HR 2810 PAP

1007
1

search on blast exposure and the effects on of such ex-

2

posure on cognitive performance of members of the

3

Armed Forces.

4

(c) REPORT.—The Secretary shall submit to Congress

5 a report on the results of the study conducted under sub6 section (a).
7

SEC. 5705. AUTHORIZATION OF PHYSICAL THERAPIST AS-

8

SISTANTS AND OCCUPATIONAL THERAPY AS-

9

SISTANTS TO PROVIDE SERVICES UNDER THE

10
11
12

TRICARE PROGRAM.

(a) ADDITION

TO

LIST

PROVIDERS

OF

CARE.—The Secretary of Defense

SIONAL

OF

AUTHORIZED PROFES-

13 shall revise section 199.6(c) of title 32, Code of Federal Reg14 ulations, as in effect on the date of the enactment of this
15 Act, to add to the list of individual professional providers
16 of care who are authorized to provide services to bene17 ficiaries under the TRICARE program, as defined in sec18 tion 1072 of title 10, United States Code, the following types
19 of health care practitioners:
20

(1) Licensed or certified physical therapist as-

21

sistants who meet the qualifications for physical ther-

22

apist assistants specified in section 484.4 of title 42,

23

Code of Federal Regulations, or any successor regula-

24

tion, to furnish services under the supervision of a

25

physical therapist.

† HR 2810 PAP

1008
1

(2) Licensed or certified occupational therapy

2

assistants who meet the qualifications for occupa-

3

tional therapy assistants specified in such section

4

484.4, or any successor regulation, to furnish services

5

under the supervision of an occupational therapist.

6

(b) SUPERVISION.—The Secretary of Defense shall es-

7 tablish in regulations requirements for the supervision of
8 physical therapist assistants and occupational therapy as9 sistants, respectively, by physical therapists and occupa10 tional therapists, respectively.
11

(c) MANUALS

AND

OTHER GUIDANCE.—The Secretary

12 of Defense shall update the CHAMPVA Policy Manual and
13 other relevant manuals and subregulatory guidance of the
14 Department of Defense to carry out the revisions and re15 quirements of this section.

18

TITLE LIX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT

19

SEC. 5901. DESIGNATION OF OFFICE WITHIN OFFICE OF

20

THE SECRETARY OF DEFENSE TO OVERSEE

21

USE OF FOOD ASSISTANCE PROGRAMS BY

22

MEMBERS OF THE ARMED FORCES ON ACTIVE

23

DUTY.

16
17

24

Not later than 90 days after the date of the enactment

25 of this Act, the Secretary of Defense shall designate an office

† HR 2810 PAP

1009
1 or official within the Office of the Secretary of Defense for
2 purposes as follows:
3

(1) To discharge responsibility for overseeing the

4

efforts of the Department of Defense to collect, ana-

5

lyze, and monitor data on the use of food assistance

6

programs by members of the Armed Forces on active

7

duty.

8

(2) To establish and maintain relationships with

9

other departments and agencies of the Federal Gov-

10

ernment to facilitate the discharge of the responsi-

11

bility specified in paragraph (1).

13

TITLE LX—GENERAL
PROVISIONS

14

SEC. 6001. AIR FORCE PILOT PROGRAM ON EDUCATION AND

12

15

TRAINING

16

ONDARY AND POST-SECONDARY STUDENTS

17

AS AIRCRAFT TECHNICIANS.

18
19

AND

CERTIFICATION

OF

SEC-

(a) PILOT PROGRAM REQUIRED.—
(1) IN

GENERAL.—The

Secretary of the Air

20

Force shall carry out a pilot program to assess the

21

feasability and advisability of—

22

(A) providing education and training to

23

secondary and post-secondary students in the

24

skills and qualifications required to lead to cer-

† HR 2810 PAP

1010
1

tification as an aircraft technician for the Air

2

Force with skills levels 3–5; and

3

(B) certifying individuals who successfully

4

complete education and training under the pilot

5

program as aircraft technicians for the Air Force

6

at the applicable skill level.

7

(2) DESIGNATION.—The pilot program carried

8

out pursuant to this section may be known as the

9

‘‘Air Force Dual Credit Maintainers Program’’ (in

10

this section, referred to as the ‘‘pilot program’’).

11

(b) ELIGIBLE PARTICIPANTS.—Individuals eligible to

12 participate in the pilot program are individuals in sec13 ondary or post-secondary school who—
14

(1) have education, skills, or both appropriate

15

for further education and training leading to certifi-

16

cation as an aircraft technician of the Air Force; and

17

(2) seek to pursue education and training under

18

the pilot program in order to become certified as air-

19

craft technicians of the Air Force.

20

(c) SECONDARY SCHOOLS

AND

INSTITUTIONS

OF

21 HIGHER EDUCATION.—
22

(1) IN

GENERAL.—The

Secretary shall carry out

23

the pilot program through secondary schools and in-

24

stitutions of higher education selected by the Secretary

25

for purposes of the pilot program.

† HR 2810 PAP

1011
1

(2) LOCATIONS.—The secondary schools and in-

2

stitutions of higher education selected pursuant to

3

paragraph (1) shall, to the extent practicable, be lo-

4

cated in the vicinity of installations of the Air Force

5

at which there is, or is anticipated to be, a shortfall

6

in aircraft technicians with skill levels 3–5.

7

(3) COORDINATION.—The pilot program may be

8

carried out at a secondary school only with the ap-

9

proval of the local educational agency concerned. The

10

pilot program may be carried out at an institution

11

of higher education only with the approval of the

12

board of trustees or other appropriate leadership of

13

the institution.

14

(4) GRANTS.—In carrying out the pilot pro-

15

gram, the Secretary may award a grant to any sec-

16

ondary school or institution of higher education par-

17

ticipating in the pilot program for purposes of pro-

18

viding education and training under the pilot pro-

19

gram.

20

(d) CURRICULUM

AND

ASSOCIATED EQUIPMENT.—In

21 carrying out the pilot program, the Secretary shall support
22 curriculum development by secondary and post-secondary
23 educational institutions, and any associated training
24 equipment, to be used in providing education and training
25 under the pilot program.

† HR 2810 PAP

1012
1
2

(e) EMPLOYMENT
CIANS.—As

AS

AIR FORCE AIRCRAFT TECHNI-

part of the pilot program, the Secretary may

3 employ, and may afford an emphasis on employment, in
4 the Department of the Air Force as aircraft technicians of
5 the Air Force any individuals who obtain certification
6 under the pilot program as aircraft technicians of the Air
7 Force.
8

(f) SUNSET.—The authority of the Secretary to carry

9 out the pilot program shall expire on the date that is five
10 years after the date of the enactment of this Act. Expiration
11 of the authority to carry out the pilot program shall not
12 be construed to require the termination of any education
13 or training, or the provision of any certifications, for indi14 viduals participating in education or training under the
15 pilot program on the date of the expiration of authority
16 to carry out the pilot program.
17

(g) FUNDING.—

18

(1) IN

GENERAL.—The

amount authorized to be

19

appropriated for fiscal year 2018 for the Department

20

of Defense by this division is hereby increased by

21

$5,000,000, with the amount of the increase to be

22

available for the pilot program, including for the

23

award of grants pursuant to subsection (c)(4) and for

24

support of the development of curriculum and train-

25

ing equipment pursuant to subsection (d).

† HR 2810 PAP

1013
1

(2) OFFSET.—The amount authorized to be ap-

2

propriated for fiscal year 2018 by section 301 is here-

3

by reduced by $5,000,000, with the amount of the re-

4

duction to be applied against amounts available for

5

operation and maintenance, Defense-wide, for SAG

6

4GTV Office of the Inspector General.

7

SEC. 6002. COLLABORATION BETWEEN FEDERAL AVIATION

8

ADMINISTRATION AND DEPARTMENT OF DE-

9

FENSE ON UNMANNED AIRCRAFT SYSTEMS.

10

(a) COLLABORATION BETWEEN FEDERAL AVIATION

11 ADMINISTRATION
12
13

IN

DEPARTMENT

OF

DEFENSE RE-

QUIRED.—

(1) IN

GENERAL.—The

Administrator of the Fed-

14

eral Aviation Administration and the Secretary of

15

Defense shall collaborate on developing standards,

16

policies, and procedures for sense and avoid capabili-

17

ties for unmanned aircraft systems.

18
19

(2) ELEMENTS.—The collaboration required by
paragraph (1) shall include the following:

20

(A) Sharing information and technology on

21

safely integrating unmanned aircraft systems

22

and manned aircraft in the national airspace

23

system.

24

(B) Building upon the experience of the Air

25

Force and the Department of Defense to inform

† HR 2810 PAP

1014
1

the Federal Aviation Administration’s develop-

2

ment of civil standards, policies, and procedures

3

for integrating unmanned aircraft systems in the

4

national airspace system.

5

(C) Assisting in the development of best

6

practices for unmanned aircraft safety stand-

7

ards, development of airborne and ground-based

8

sense and avoid capabilities for unmanned air-

9

craft systems, and research and development on

10

unmanned aircraft systems, especially with re-

11

spect to matters involving human factors, infor-

12

mation assurance, and security.

13
14
15

(b) PARTICIPATION
TRATION IN

BY

FEDERAL AVIATION ADMINIS-

DEPARTMENT OF DEFENSE ACTIVITIES.—

(1) IN

GENERAL.—The

Administrator may par-

16

ticipate and provide assistance for participation in

17

test and evaluation efforts of the Department of De-

18

fense, including the Air Force, relating to ground-

19

based sense and avoid and airborne sense and avoid

20

capabilities for unmanned aircraft systems.

21

(2) PARTICIPATION

THROUGH CENTERS OF EX-

22

CELLENCE AND TEST SITES.—Participation

23

paragraph (1) may include provision of assistance

24

through the Center of Excellence for Unmanned Air-

25

craft Systems and unmanned aircraft systems test

† HR 2810 PAP

under

1015
1

ranges designated under section 332(c) of the FAA

2

Modernization and Reform Act of 2012 (Public Law

3

112–95; 49 U.S.C. 40101 note).

4

(c) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this

5 section, the term ‘‘unmanned aircraft system’’ has the
6 meaning given that term in section 331 of the FAA Mod7 ernization and Reform Act of 2012 (Public Law 112–95;
8 49 U.S.C. 40101 note).
9

SEC. 6003. REPORT ON DEFENSE OF COMBAT LOGISTICS

10
11

AND STRATEGIC MOBILITY FORCES.

(a) REPORT REQUIRED.—Not later than January 1,

12 2018, the Secretary of the Navy shall submit to the Commit13 tees on Armed Services of the Senate and the House of Rep14 resentatives a report on the defense of combat logistics and
15 strategic mobility forces.
16

(b) COVERED PERIODS.—The report required by sub-

17 section (a) shall cover two periods:
18

(1) The period from 2018 through 2025.

19

(2) The period from 2026 through 2035.

20

(c) ELEMENTS.—The report required by subsection (a)

21 shall include, for each of the periods covered by the report,
22 the following:
23

(1) A description of potential warfighting plan-

24

ning scenarios in which combat logistics and strategic

† HR 2810 PAP

1016
1

mobility forces will be threatened, including the most

2

stressing such scenario.

3

(2) A description of the combat logistics and

4

strategic mobility forces capacity, including addi-

5

tional combat logistics and strategic mobility forces,

6

that may be required due to losses from attacks under

7

each scenario described pursuant to paragraph (1).

8

(3) A description of the projected capability and

9

capacity of subsurface (e.g., torpedoes), surface (e.g.,

10

anti-ship missiles), and air (e.g., anti-ship missiles)

11

threats to combat logistics and strategic mobility

12

forces for each scenario described pursuant to para-

13

graph (1).

14

(4) A description of planned operating concepts

15

for defending combat logistics and strategic mobility

16

forces from subsurface, surface, and air threats for

17

each scenario described pursuant to paragraph (1).

18

(5) An assessment of the ability and availability

19

of United States naval forces to defend combat logis-

20

tics and strategic mobility forces from the threats de-

21

scribed pursuant to paragraph (1), while also accom-

22

plishing other assigned missions, for each scenario de-

23

scribed pursuant to that paragraph.

24

(6) A description of specific capability gaps or

25

risk areas in the ability or availability of United

† HR 2810 PAP

1017
1

States naval forces to defend combat logistics and

2

strategic mobility forces from the threats described

3

pursuant to paragraph (1).

4

(7) A description and assessment of potential so-

5

lutions to address the capability gaps and risk areas

6

identified pursuant to paragraph (6), including new

7

capabilities, increased capacity, or new operating

8

concepts that could be employed by United States

9

naval forces.

10

(d) FORM.—The report required by subsection (a) shall

11 be submitted in unclassified form, but may include a classi12 fied annex.
13

(e) COMBAT LOGISTICS

AND

STRATEGIC MOBILITY

14 FORCES DEFINED.—In this section, the term ‘‘combat logis15 tics and strategic mobility forces’’ means the combat logis16 tics force, the Ready Reserve Force, and the Military Sealift
17 Command surge fleet.
18

SEC.

6004.

REPORT

ON

THE

CIRCUMSTANCES

SUR-

19

ROUNDING THE 2016 ATTACKS ON THE U.S.S.

20

MASON.

21

Not later than March 1, 2018, the Secretary of Defense

22 shall submit to the Committees on Armed Services of the
23 Senate and the House of Representatives a report on the
24 circumstances surrounding the attacks in 2016 on the
25 U.S.S. Mason (DDG–87).

† HR 2810 PAP

1018
1

SEC. 6005. OFFICE OF SPECIAL COUNSEL REAUTHORIZA-

2
3

TION.

(a) SHORT TITLE.—This section may be cited as the

4 ‘‘Office of Special Counsel Reauthorization Act of 2017’’.
5
6

(b) ADEQUATE ACCESS
FORMATION.—Section

OF

SPECIAL COUNSEL

TO

IN -

1212(b) of title 5, United States

7 Code, is amended by adding at the end the following:
8

‘‘(5)(A) Except as provided in subparagraph (B), the

9 Special Counsel, in carrying out this subchapter, is author10 ized to—
11

‘‘(i) have timely access to all records, data, re-

12

ports,

13

ommendations, or other material available to the ap-

14

plicable agency that relate to an investigation, review,

15

or inquiry conducted under—

audits,

16
17

reviews,

documents,

papers,

rec-

‘‘(I) section 1213, 1214, 1215, or 1216 of
this title; or

18

‘‘(II) section 4324(a) of title 38;

19

‘‘(ii) request from any agency the information or

20

assistance that may be necessary for the Special

21

Counsel to carry out the duties and responsibilities of

22

the Special Counsel under this subchapter; and

23

‘‘(iii) require, during an investigation, review,

24

or inquiry of an agency, the agency to provide to the

25

Special Counsel any record or other information that

† HR 2810 PAP

1019
1

relates to an investigation, review, or inquiry con-

2

ducted under—

3
4

‘‘(I) section 1213, 1214, 1215, or 1216 of
this title; or

5
6

‘‘(II) section 4324(a) of title 38.
‘‘(B)(i) The authorization of the Special Counsel under

7 subparagraph (A) shall not apply with respect to any entity
8 that is an element of the intelligence community, as defined
9 in section 3 of the National Security Act of 1947 (50 U.S.C.
10 3003), unless the Special Counsel is investigating, or other11 wise carrying out activities relating to the enforcement of,
12 an action under subchapter III of chapter 73.
13

‘‘(ii) An Inspector General may withhold from

14

the Special Counsel material described in subpara-

15

graph (A) if the Inspector General determines that the

16

material contains information derived from, or per-

17

taining to, intelligence activities.

18

‘‘(iii) The Attorney General or an Inspector Gen-

19

eral may withhold from the Special Counsel material

20

described in subparagraph (A) if—

21

‘‘(I)(aa) disclosing the material could rea-

22

sonably be expected to interfere with a criminal

23

investigation or prosecution that is ongoing as of

24

the date on which the Special Counsel submits a

25

request for the material; or

† HR 2810 PAP

1020
1

‘‘(bb) the material—

2

‘‘(AA) may not be disclosed pursuant

3

to a court order; or

4

‘‘(BB) has been filed under seal under

5

section 3730 of title 31; and

6

‘‘(II) the Attorney General or the Inspector

7

General, as applicable, submits to the Special

8

Counsel a written report that describes—

9

‘‘(aa) the material being withheld; and

10

‘‘(bb) the reason that the material is

11
12

being withheld.
‘‘(C)(i) A claim of common law privilege by an agency,

13 or an officer or employee of an agency, shall not prevent
14 the Special Counsel from obtaining any material described
15 in subparagraph (A)(i) with respect to the agency.
16

‘‘(ii) The submission of material described in subpara-

17 graph (A)(i) by an agency to the Special Counsel may not
18 be deemed to waive any assertion of privilege by the agency
19 against a non-Federal entity or against an individual in
20 any other proceeding.
21

‘‘(iii) With respect to any record or other information

22 made available to the Special Counsel by an agency under
23 subparagraph (A), the Special Counsel may only disclose
24 the record or information for a purpose that is in further-

† HR 2810 PAP

1021
1 ance of any authority provided to the Special Counsel
2 under this subchapter.
3

‘‘(6) The Special Counsel shall submit to the Com-

4 mittee on Homeland Security and Governmental Affairs of
5 the Senate, the Committee on Oversight and Government
6 Reform of the House of Representatives, and each committee
7 of Congress with jurisdiction over the applicable agency a
8 report regarding any case of contumacy or failure to com9 ply with a request submitted by the Special Counsel under
10 paragraph (5)(A).’’.
11
12
13

(c) INFORMATION

ON

WHISTLEBLOWER PROTEC-

TIONS.—

(1) AGENCY

RESPONSIBILITIES.—Section

2302 of

14

title 5, United States Code, is amended by striking

15

subsection (c) and inserting the following:

16

‘‘(c)(1) In this subsection—

17
18

‘‘(A) the term ‘new employee’ means an individual—

19

‘‘(i) appointed to a position as an employee

20

on or after the date of enactment of the Office of

21

Special Counsel Reauthorization Act of 2017;

22

and

23
24

‘‘(ii) who has not previously served as an
employee; and

† HR 2810 PAP

1022
1

‘‘(B) the term ‘whistleblower protections’ means

2

the protections against and remedies for a prohibited

3

personnel practice described in paragraph (8) or sub-

4

paragraph (A)(i), (B), (C), or (D) of paragraph (9)

5

of subsection (b).

6

‘‘(2) The head of each agency shall be responsible for—

7

‘‘(A) preventing prohibited personnel practices;

8

‘‘(B) complying with and enforcing applicable

9

civil service laws, rules, and regulations and other as-

10

pects of personnel management; and

11

‘‘(C) ensuring, in consultation with the Special

12

Counsel and the Inspector General of the agency, that

13

employees of the agency are informed of the rights

14

and remedies available to the employees under this

15

chapter and chapter 12, including—

16

‘‘(i) information with respect to whistle-

17

blower protections available to new employees

18

during a probationary period;

19

‘‘(ii) the role of the Office of Special Counsel

20

and the Merit Systems Protection Board with re-

21

spect to whistleblower protections; and

22

‘‘(iii) the means by which, with respect to

23

information that is otherwise required by law or

24

Executive order to be kept classified in the inter-

25

est of national defense or the conduct of foreign

† HR 2810 PAP

1023
1

affairs, an employee may make a lawful disclo-

2

sure of the information to—

3

‘‘(I) the Special Counsel;

4

‘‘(II) the Inspector General of an agen-

5

cy;

6

‘‘(III) Congress; or

7

‘‘(IV) another employee of the agency

8

who is designated to receive such a disclo-

9

sure.

10

‘‘(3) The head of each agency shall ensure that the in-

11 formation described in paragraph (2) is provided to each
12 new employee of the agency not later than 180 days after
13 the date on which the new employee is appointed.
14

‘‘(4) The head of each agency shall make available in-

15 formation regarding whistleblower protections applicable to
16 employees of the agency on the public website of the agency
17 and on any online portal that is made available only to
18 employees of the agency, if such portal exists.
19

‘‘(5) Any employee to whom the head of an agency del-

20 egates authority for any aspect of personnel management
21 shall, within the limits of the scope of the delegation, be
22 responsible for the activities described in paragraph (2).’’.
23

(2) TRAINING

24

FOR SUPERVISORS.—

(A) DEFINITIONS.—In this paragraph—

† HR 2810 PAP

1024
1

(i) the term ‘‘agency’’ means any enti-

2

ty the employees of which are covered under

3

paragraphs (8) and (9) of section 2302(b) of

4

title 5, United States Code, without regard

5

to whether any other provision of that title

6

is applicable to the entity; and

7

(ii) the term ‘‘whistleblower protec-

8

tions’’ has the meaning given the term in

9

section 2302(c)(1)(B) of title 5, United

10

States Code, as amended by paragraph (1).

11

(B) TRAINING

REQUIRED.—The

head of

12

each agency, in consultation with the Special

13

Counsel and the Inspector General of that agency

14

(or, in the case of an agency that does not have

15

an Inspector General, the senior ethics official of

16

that agency), shall provide the training described

17

in subparagraph (C).

18
19

(C) TRAINING

DESCRIBED.—The

training

described in this subparagraph shall—

20

(i) cover the manner in which the

21

agency shall respond to a complaint alleg-

22

ing a violation of whistleblower protections

23

that are available to employees of the agen-

24

cy; and

25

(ii) be provided—

† HR 2810 PAP

1025
1

(I) to each employee of the agency

2

who—

3

(aa) is appointed to a super-

4

visory position in the agency; and

5

(bb) before the appointment

6

described in item (aa), had not

7

served in a supervisory position

8

in the agency; and

9

(II) on an annual basis to all em-

10

ployees of the agency who serve in su-

11

pervisory positions in the agency.

12

(3) INFORMATION

13

(A) IN

ON APPEAL RIGHTS.—

GENERAL.—Any

notice provided to

14

an employee under section 7503(b)(1), section

15

7513(b)(1), or section 7543(b)(1) of title 5,

16

United States Code, shall include detailed infor-

17

mation with respect to—

18

(i) the right of the employee to appeal

19

an action brought under the applicable sec-

20

tion;

21

(ii) the forums in which the employee

22

may file an appeal described in clause (i);

23

and

24

(iii) any limitations on the rights of

25

the employee that would apply because of

† HR 2810 PAP

1026
1

the forum in which the employee decides to

2

file an appeal.

3

(B) DEVELOPMENT

OF INFORMATION.—The

4

information described in subparagraph (A) shall

5

be developed by the Director of the Office of Per-

6

sonnel Management, in consultation with the

7

Special Counsel, the Merit Systems Protection

8

Board, and the Equal Employment Opportunity

9

Commission.

10

(d) ADDITIONAL WHISTLEBLOWER PROVISIONS.—

11

(1) PROHIBITED

PERSONNEL PRACTICES.—Sec-

12

tion 2302 of title 5, United States Code, is amend-

13

ed—

14

(A) in subsection (b)—

15

(i) in paragraph (9)(C), by inserting

16

‘‘(or any other component responsible for

17

internal investigation or review)’’ after ‘‘In-

18

spector General’’; and

19

(ii) in paragraph (12), by striking

20

‘‘or’’ at the end;

21

(iii) in paragraph (13), by striking the

22

period at the end and inserting ‘‘; or’’; and

23

(iv) by inserting after paragraph (13)

24

the following:

† HR 2810 PAP

1027
1

‘‘(14) access the medical record of another em-

2

ployee or an applicant for employment as a part of,

3

or otherwise in furtherance of, any conduct described

4

in paragraphs (1) through (13).’’; and

5

(B) in subsection (f)—

6

(i) in paragraph (1)—

7

(I) in subparagraph (E), by strik-

8

ing ‘‘or’’ at the end;

9

(II) by redesignating subpara-

10

graph (F) as subparagraph (G); and

11

(III) by inserting after subpara-

12

graph (E) the following:

13

‘‘(F) the disclosure was made before the date on

14

which the individual was appointed or applied for

15

appointment to a position; or’’; and

16

(ii) by striking paragraph (2) and in-

17
18

serting the following:
‘‘(2) If a disclosure is made during the normal course

19 of duties of an employee, the principal job function of whom
20 is to regularly investigate and disclose wrongdoing (referred
21 to in this paragraph as the ‘disclosing employee’), the dis22 closure shall not be excluded from subsection (b)(8) if the
23 disclosing employee demonstrates that an employee who has
24 the authority to take, direct other individuals to take, rec25 ommend, or approve any personnel action with respect to

† HR 2810 PAP

1028
1 the disclosing employee took, failed to take, or threatened
2 to take or fail to take a personnel action with respect to
3 the disclosing employee in reprisal for the disclosure made
4 by the disclosing employee.’’.
5

(2) EXPLANATIONS

6

TION.—Section

7

amended—

8

FOR FAILURE TO TAKE AC-

1213 of title 5, United States Code, is

(A) in subsection (b), by striking ‘‘15 days’’

9

and inserting ‘‘45 days’’; and

10

(B) in subsection (e)—

11

(i) in paragraph (1), by striking ‘‘Any

12

such report’’ and inserting ‘‘Any report re-

13

quired under subsection (c) or paragraph

14

(5) of this subsection’’;

15

(ii) by striking paragraph (2) and in-

16

serting the following:

17

‘‘(2) Upon receipt of any report that the head of an

18 agency is required to submit under subsection (c), the Spe19 cial Counsel shall review the report and determine wheth20 er—
21
22

‘‘(A) the findings of the head of the agency appear reasonable; and

23

‘‘(B) if the Special Counsel requires the head of

24

the agency to submit a supplemental report under

25

paragraph (5), the reports submitted by the head of

† HR 2810 PAP

1029
1

the agency collectively contain the information re-

2

quired under subsection (d).’’;

3

(iii) in paragraph (3), by striking

4

‘‘agency report received pursuant to sub-

5

section (c) of this section’’ and inserting

6

‘‘report submitted to the Special Counsel by

7

the head of an agency under subsection (c)

8

or paragraph (5) of this subsection’’; and

9

(iv) by adding at the end the following:

10

‘‘(5) If, after conducting a review of a report under

11 paragraph (2), the Special Counsel concludes that the Spe12 cial Counsel requires additional information or documenta13 tion to determine whether the report submitted by the head
14 of an agency is reasonable and sufficient, the Special Coun15 sel may request that the head of the agency submit a supple16 mental report—
17

‘‘(A) containing the additional information or

18

documentation identified by the Special Counsel; and

19

‘‘(B) that the head of the agency shall submit to

20

the Special Counsel within a period of time specified

21

by the Special Counsel.’’.

22

(3) TRANSFER

23

(A)

REQUESTS DURING STAYS.—

PRIORITY

GRANTED.—Section

24

1214(b)(1) of title 5, United States Code, is

25

amended by adding at the end the following:

† HR 2810 PAP

1030
1

‘‘(E) If the Board grants a stay under subparagraph

2 (A), the head of the agency employing the employee who
3 is the subject of the action shall give priority to a request
4 for a transfer submitted by the employee.’’.
5

(B) PROBATIONARY

EMPLOYEES.—Section

6

1221 of title 5, United States Code, is amended

7

by adding at the end the following:

8

‘‘(k) If the Board grants a stay under subsection (c)

9 and the employee who is the subject of the action is in pro10 bationary status, the head of the agency employing the em11 ployee shall give priority to a request for a transfer sub12 mitted by the employee.’’.
13

(4)

RETALIATORY

INVESTIGATIONS.—Section

14

1214 of title 5, United States Code, is amended by

15

adding at the end the following:

16

‘‘(i) The Special Counsel may petition the Board to

17 order corrective action, including fees, costs, or damages
18 reasonably incurred by an employee due to an investigation
19 of the employee by an agency, if the investigation by an
20 agency was commenced, expanded, or extended in retalia21 tion for a disclosure or protected activity described in sec22 tion 2302(b)(8) or subparagraph (A)(i), (B), (C), or (D)
23 of section 2302(b)(9), without regard to whether a personnel
24 action, as defined in section 2302(a)(2)(A), is taken.’’.
25

(e) SUICIDE BY EMPLOYEES.—

† HR 2810 PAP

1031
1

(1) DEFINITIONS.—In this subsection—

2

(A) the term ‘‘agency’’ means any entity the

3

employees of which are covered under para-

4

graphs (8) and (9) of section 2302(b) of title 5,

5

United States Code, without regard to whether

6

any other provision of that title is applicable to

7

the entity; and

8

(B) the term ‘‘personnel action’’ has the

9

meaning given the term in section 2302(a)(2)(A)

10

of title 5, United States Code.

11

(2) REFERRAL.—

12

(A) IN

GENERAL.—The

head of an agency

13

shall refer to the Special Counsel, along with any

14

information known to the agency regarding the

15

circumstances described in subparagraph (B),

16

any instance in which the head of the agency has

17

information indicating that an employee of the

18

agency committed suicide.

19
20

(B) INFORMATION.—The circumstances described in this subparagraph are as follows:

21

(i) Before the death of an employee de-

22

scribed in subparagraph (A), the employee

23

made a disclosure of information that rea-

24

sonably evidences—

† HR 2810 PAP

1032
1

(I) a violation of a law, rule, or

2

regulation;

3

(II) gross mismanagement;

4

(III) a gross waste of funds;

5

(IV) an abuse of authority; or

6

(V) a substantial and specific

7

danger to public health or safety.

8

(ii) After a disclosure described in

9

clause (i), a personnel action was taken

10

with respect to the employee who made the

11

disclosure.

12

(3) OFFICE

OF SPECIAL COUNSEL REVIEW.—

13

Upon receiving a referral under paragraph (2)(A),

14

the Special Counsel shall—

15

(A) examine whether a personnel action was

16

taken with respect to an employee because of a

17

disclosure described in paragraph (2)(B)(i); and

18

(B) take any action that the Special Coun-

19

sel determines is appropriate under subchapter

20

II of chapter 12 of title 5, United States Code.

21
22
23
24

(f) PROTECTION
IN

OF

WHISTLEBLOWERS

AS

CRITERIA

PERFORMANCE APPRAISALS.—
(1) ESTABLISHMENT

OF SYSTEMS.—Section

of title 5, United States Code, is amended—

† HR 2810 PAP

4302

1033
1

(A) by redesignating subsections (b) and (c)

2

as subsections (c) and (d), respectively; and

3

(B) by inserting after subsection (a) the fol-

4
5

lowing:
‘‘(b)(1) The head of each agency, in consultation with

6 the Director of the Office of Personnel Management and the
7 Special Counsel, shall develop criteria that—
8

‘‘(A) the head of the agency shall use as a crit-

9

ical element for establishing the job requirements of a

10

supervisory employee; and

11

‘‘(B) promote the protection of whistleblowers.

12

‘‘(2) The criteria required under paragraph (1) shall

13 include—
14

‘‘(A) principles for the protection of whistle-

15

blowers, such as the degree to which supervisory em-

16

ployees—

17

‘‘(i) respond constructively when employees

18

of the agency make disclosures described in sub-

19

paragraph (A) or (B) of section 2302(b)(8);

20
21

‘‘(ii) take responsible actions to resolve the
disclosures described in clause (i); and

22

‘‘(iii) foster an environment in which em-

23

ployees of the agency feel comfortable making

24

disclosures described in clause (i) to supervisory

25

employees or other appropriate authorities; and

† HR 2810 PAP

1034
1

‘‘(B) for each supervisory employee—

2

‘‘(i) whether the agency entered into an

3

agreement with an individual who alleged that

4

the supervisory employee committed a prohibited

5

personnel practice; and

6

‘‘(ii) if the agency entered into an agree-

7

ment described in clause (i), the number of in-

8

stances in which the agency entered into such an

9

agreement with respect to the supervisory em-

10
11

ployee.
‘‘(3) In this subsection—

12

‘‘(A) the term ‘agency’ means any entity the em-

13

ployees of which are covered under paragraphs (8)

14

and (9) of section 2302(b), without regard to whether

15

any other provision of this section is applicable to the

16

entity;

17
18

‘‘(B) the term ‘prohibited personnel practice’ has
the meaning given the term in section 2302(a)(1);

19

‘‘(C) the term ‘supervisory employee’ means an

20

employee who would be a supervisor, as defined in

21

section 7103(a), if the agency employing the employee

22

was an agency for purposes of chapter 71; and

23

‘‘(D) the term ‘whistleblower’ means an employee

24

who

25

2302(b)(8).’’.

makes

† HR 2810 PAP

a

disclosure

described

in

section

1035
1

(2) CRITERIA

FOR PERFORMANCE APPRAISALS.—

2

Section 4313 of title 5, United States Code, is amend-

3

ed—

4
5

(A) in paragraph (4), by striking ‘‘and’’ at
the end;

6
7

(B) in paragraph (5), by striking the period
at the end and inserting ‘‘; and’’; and

8

(C) by adding at the end the following:

9

‘‘(6) protecting whistleblowers, as described in

10
11

section 4302(b)(2).’’.
(3) ANNUAL

REPORT TO CONGRESS ON UNAC-

12

CEPTABLE PERFORMANCE IN WHISTLEBLOWER PRO-

13

TECTION.—

14

(A) DEFINITIONS.—In this paragraph, the

15

terms ‘‘agency’’ and ‘‘whistleblower’’ have the

16

meanings given the terms in section 4302(b)(3)

17

of title 5, United States Code, as amended by

18

paragraph (1).

19

(B) REPORT.—Each agency shall annually

20

submit to the Committee on Homeland Security

21

and Governmental Affairs of the Senate, the

22

Committee on Oversight and Government Reform

23

of the House of Representatives, and each com-

24

mittee of Congress with jurisdiction over the

25

agency a report that details—

† HR 2810 PAP

1036
1

(i) the number of performance apprais-

2

als, for the year covered by the report, that

3

determined that an employee of the agency

4

failed to meet the standards for protecting

5

whistleblowers that were established under

6

section 4302(b) of title 5, United States

7

Code, as amended by paragraph (1);

8

(ii) the reasons for the determinations

9

described in clause (i); and

10

(iii) each performance-based or correc-

11

tive action taken by the agency in response

12

to a determination under clause (i).

13

(4)

TECHNICAL

AND

CONFORMING

AMEND-

14

MENT.—Section

15

is amended, in the matter preceding paragraph (1),

16

by striking ‘‘For the purpose of’’ and inserting ‘‘Ex-

17

cept as otherwise expressly provided, for the purpose

18

of’’.

19

(g) DISCIPLINE

20
21

TION

4301 of title 5, United States Code,

OF

SUPERVISORS BASED

ON

RETALIA-

AGAINST WHISTLEBLOWERS.—
(1) IN

GENERAL.—Subchapter

II of chapter 75 of

22

title 5, United States Code, is amended by adding at

23

the end the following:

† HR 2810 PAP

1037
1 ‘‘§ 7515. Discipline of supervisors based on retaliation
2
3
4

against whistleblowers

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘agency’—

5

‘‘(A) has the meaning given the term in sec-

6

tion 2302(a)(2)(C), without regard to whether

7

any other provision of this chapter is applicable

8

to the entity; and

9

‘‘(B) does not include any entity that is an

10

element of the intelligence community, as defined

11

in section 3 of the National Security Act of 1947

12

(50 U.S.C. 3003);

13

‘‘(2) the term ‘prohibited personnel action’

14

means taking or failing to take an action in violation

15

of paragraph (8) or (9) of section 2302(b) against an

16

employee of an agency; and

17

‘‘(3) the term ‘supervisor’ means an employee

18

who would be a supervisor, as defined in section

19

7103(a), if the entity employing the employee was an

20

agency.

21

‘‘(b) PROPOSED DISCIPLINARY ACTIONS.—

22

‘‘(1) IN

GENERAL.—If

the head of the agency in

23

which a supervisor is employed, an administrative

24

law judge, the Merit Systems Protection Board, the

25

Special Counsel, a judge of the United States, or the

26

Inspector General of the agency in which a supervisor
† HR 2810 PAP

1038
1

is employed has determined that the supervisor com-

2

mitted a prohibited personnel action, the head of the

3

agency in which the supervisor is employed, con-

4

sistent with the procedures required under paragraph

5

(2)—

6
7

‘‘(A) for the first prohibited personnel action committed by the supervisor—

8

‘‘(i) shall propose suspending the su-

9

pervisor for a period that is not less than

10

3 days; and

11

‘‘(ii) may propose an additional action

12

determined appropriate by the head of the

13

agency, including a reduction in grade or

14

pay; and

15

‘‘(B) for the second prohibited personnel ac-

16

tion committed by the supervisor, shall propose

17

removing the supervisor.

18

‘‘(2) PROCEDURES.—

19

‘‘(A) NOTICE.—A supervisor against whom

20

an action is proposed to be taken under para-

21

graph (1) is entitled to written notice that—

22

‘‘(i) states the specific reasons for the

23

proposed action; and

24

‘‘(ii) informs the supervisor about the

25

right of the supervisor to review the mate-

† HR 2810 PAP

1039
1

rial that constitutes the factual support on

2

which the proposed action is based.

3

‘‘(B) ANSWER

4

‘‘(i) IN

AND EVIDENCE.—
GENERAL.—A

supervisor who

5

receives notice under subparagraph (A)

6

may, not later than 14 days after the date

7

on which the supervisor receives the notice,

8

submit an answer and furnish evidence in

9

support of that answer.

10

‘‘(ii) NO

EVIDENCE FURNISHED; INSUF-

11

FICIENT EVIDENCE FURNISHED.—If,

12

the end of the 14-day period described in

13

clause (i), a supervisor does not furnish any

14

evidence as described in that clause, or if

15

the head of the agency in which the super-

16

visor is employed determines that the evi-

17

dence furnished by the supervisor is insuffi-

18

cient, the head of the agency shall carry out

19

the action proposed under subparagraph

20

(A) or (B) of paragraph (1), as applicable.

21

‘‘(C) SCOPE

22

OF PROCEDURES.—An

after

action

carried out under this section—

23

‘‘(i) except as provided in clause (ii),

24

shall be subject to the same requirements

25

and procedures, including those with respect

† HR 2810 PAP

1040
1

to an appeal, as an action under section

2

7503, 7513, or 7543; and

3

‘‘(ii) shall not be subject to—

4

‘‘(I) paragraphs (1) and (2) of

5

section 7503(b);

6

‘‘(II) paragraphs (1) and (2) of

7

subsection (b) and subsection (c) of sec-

8

tion 7513; and

9

‘‘(III) paragraphs (1) and (2) of

10

subsection (b) and subsection (c) of sec-

11

tion 7543.

12

‘‘(3) NON-DELEGATION.—If the head of an agen-

13

cy is responsible for determining whether a supervisor

14

has committed a prohibited personnel action for pur-

15

poses of paragraph (1), the head of the agency may

16

not delegate that responsibility.’’.

17

(2)

18

MENT.—The

19

chapter 75 of title 5, United States Code, is amended

20

by inserting after the item relating to section 7514 the

21

following:

TECHNICAL

AND

CONFORMING

AMEND-

table of sections for subchapter II of

‘‘7515. Discipline of supervisors based on retaliation against whistleblowers.’’.

22
23

(h) TERMINATION
THE

OFFICE

OF

OF

CERTAIN INVESTIGATIONS

BY

SPECIAL COUNSEL.—Section 1214(a) of

24 title 5, United States Code, is amended by adding at the
25 end the following:
† HR 2810 PAP

1041
1

‘‘(6)(A) Notwithstanding any other provision of this

2 section, not later than 30 days after the date on which the
3 Special Counsel receives an allegation of a prohibited per4 sonnel practice under paragraph (1), the Special Counsel
5 may terminate an investigation of the allegation without
6 further inquiry if the Special Counsel determines that—
7
8

‘‘(i) the same allegation, based on the same set
of facts and circumstances, had previously been—

9

‘‘(I)(aa) made by the individual; and

10
11

‘‘(bb) investigated by the Special Counsel;
or

12

‘‘(II) filed by the individual with the Merit

13

Systems Protection Board;

14

‘‘(ii) the Special Counsel does not have jurisdic-

15

tion to investigate the allegation; or

16

‘‘(iii) the individual knew or should have known

17

of the alleged prohibited personnel practice on or be-

18

fore the date that is 3 years before the date on which

19

the Special Counsel received the allegation.

20

‘‘(B) Not later than 30 days after the date on which

21 the Special Counsel terminates an investigation under sub22 paragraph (A), the Special Counsel shall provide a written
23 notification to the individual who submitted the allegation
24 of a prohibited personnel practice that states the basis of
25 the Special Counsel for terminating the investigation.’’.

† HR 2810 PAP

1042
1
2

(i) ALLEGATIONS
FICE OF

OF

WRONGDOING WITHIN

THE

OF -

SPECIAL COUNSEL.—Section 1212 of title 5,

3 United States Code, is amended by adding at the end the
4 following:
5

‘‘(i) The Special Counsel shall enter into at least 1

6 agreement with the Inspector General of an agency under
7 which—
8

‘‘(1) the Inspector General shall—

9

‘‘(A) receive, review, and investigate allega-

10

tions of prohibited personnel practices or wrong-

11

doing filed by employees of the Office of Special

12

Counsel; and

13

‘‘(B) develop a method for an employee of

14

the Office of Special Counsel to communicate di-

15

rectly with the Inspector General; and

16

‘‘(2) the Special Counsel—

17

‘‘(A) may not require an employee of the

18

Office of Special Counsel to seek authorization or

19

approval before directly contacting the Inspector

20

General in accordance with the agreement; and

21

‘‘(B) may reimburse the Inspector General

22
23
24
25

for services provided under the agreement.’’.
(j) REPORTING REQUIREMENTS.—
(1) ANNUAL

REPORT.—Section

1218 of title 5,

United States Code, is amended to read as follows:

† HR 2810 PAP

1043
1 ‘‘§ 1218. Annual report
2

‘‘The Special Counsel shall submit to Congress, on an

3 annual basis, a report regarding the activities of the Special
4 Counsel, which shall include, for the year preceding the sub5 mission of the report—
6

‘‘(1) the number, types, and disposition of allega-

7

tions of prohibited personnel practices filed with the

8

Special Counsel and the costs of resolving such allega-

9

tions;

10
11

‘‘(2) the number of investigations conducted by
the Special Counsel;

12

‘‘(3) the number of stays and disciplinary ac-

13

tions negotiated with agencies by the Special Counsel;

14

‘‘(4) the number of subpoenas issued by the Spe-

15

cial Counsel;

16

‘‘(5) the number of instances in which the Spe-

17

cial Counsel reopened an investigation after the Spe-

18

cial Counsel had made an initial determination with

19

respect to the investigation;

20
21

‘‘(6) the actions that resulted from reopening investigations, as described in paragraph (5);

22

‘‘(7) the number of instances in which the Spe-

23

cial Counsel did not make a determination before the

24

end of the 240-day period described in section

25

1214(b)(2)(A)(i) regarding whether there were reason-

† HR 2810 PAP

1044
1

able grounds to believe that a prohibited personnel

2

practice had occurred, existed, or was to be taken;

3

‘‘(8) a description of the recommendations and

4

reports made by the Special Counsel to other agencies

5

under this subchapter and the actions taken by the

6

agencies as a result of the recommendations or re-

7

ports;

8

‘‘(9) the number of—

9

‘‘(A) actions initiated before the Merit Sys-

10

tems Protection Board, including the number of

11

corrective action petitions and disciplinary ac-

12

tion complaints initiated; and

13

‘‘(B) stays and extensions of stays obtained

14

from the Merit Systems Protection Board;

15

‘‘(10) the number of prohibited personnel prac-

16

tice complaints that resulted in a favorable action for

17

the complainant, other than a stay or an extension of

18

a stay, organized by actions in—

19
20

‘‘(A) complaints dealing with reprisals
against whistleblowers; and

21

‘‘(B) all other complaints; and

22

‘‘(11) the number of prohibited personnel prac-

23

tice complaints that were resolved by an agreement

24

between an agency and an individual, organized by

25

agency and agency components in—

† HR 2810 PAP

1045
1

‘‘(A) complaints dealing with reprisals

2

against whistleblowers; and

3

‘‘(B) all other complaints;

4

‘‘(12) the number of corrective actions that the

5

Special Counsel required an agency to take after a

6

finding by the Special Counsel of a prohibited per-

7

sonnel practice, as defined in section 2302(a)(1); and

8

‘‘(13) the results for the Office of Special Counsel

9

of any employee viewpoint survey conducted by the

10

Office of Personnel Management or any other agen-

11

cy.’’.

12

(2) PUBLIC

INFORMATION.—Section

1219(a)(1)

13

of title 5, United States Code, is amended to read as

14

follows:

15

‘‘(1) a list of any noncriminal matters referred

16

to the head of an agency under section 1213(c), to-

17

gether with—

18

‘‘(A) a copy of the information transmitted

19

to the head of the agency under section

20

1213(c)(1);

21
22

‘‘(B) any report from the agency under section 1213(c)(1)(B) relating to the matter;

23

‘‘(C) if appropriate, not otherwise prohib-

24

ited by law, and consented to by the complain-

† HR 2810 PAP

1046
1

ant, any comments from the complainant under

2

section 1213(e)(1) relating to the matter; and

3

‘‘(D) the comments or recommendations of

4

the Special Counsel under paragraph (3) or (4)

5

of section 1213(e);’’.

6

(3) NOTICE

OF COMPLAINT SETTLEMENTS.—Sec-

7

tion 1217 of title 5, United States Code, is amend-

8

ed—

9
10
11

(A) by striking ‘‘The Special Counsel’’ and
inserting the following:
‘‘(a) IN GENERAL.—The Special Counsel’’; and

12
13
14

(B) by adding at the end the following:
‘‘(b) ADDITIONAL REPORT REQUIRED.—
‘‘(1) IN

GENERAL.—If

an allegation submitted to

15

the Special Counsel is resolved by an agreement be-

16

tween an agency and an individual, the Special

17

Counsel shall submit to Congress and each congres-

18

sional committee with jurisdiction over the agency a

19

report regarding the agreement.

20

‘‘(2) CONTENTS.—Any report required under

21

paragraph (1) shall identify, with respect to an agree-

22

ment described in that paragraph—

23
24

‘‘(A) the agency that entered into the agreement;

† HR 2810 PAP

1047
1

‘‘(B) the position and employment location

2

of the employee who submitted the allegation that

3

formed the basis of the agreement;

4

‘‘(C) the position and employment location

5

of any employee alleged by an employee de-

6

scribed in subparagraph (B) to have committed

7

a prohibited personnel practice, as defined in

8

section 2302(a)(1);

9
10

‘‘(D) a description of the allegation described in subparagraph (B); and

11

‘‘(E) whether the agency that entered into

12

the agreement has agreed to pursue any discipli-

13

nary action as a result of the allegation de-

14

scribed in subparagraph (B).’’.

15
16

(k) ESTABLISHMENT
(1) IN

OF

SURVEY PILOT PROGRAM.—

GENERAL.—The

Office of Special Counsel

17

shall design and establish a pilot program under

18

which the Office shall conduct, during the first full

19

fiscal year after the date of enactment of this Act, a

20

survey of individuals who have filed a complaint or

21

disclosure with the Office.

22

(2) PURPOSE.—The survey under paragraph (1)

23

shall be designed for the purpose of collecting infor-

24

mation and improving service at various stages of a

† HR 2810 PAP

1048
1

review or investigation by the Office of Special Coun-

2

sel.

3

(3) RESULTS.—The results of the survey under

4

paragraph (1) shall be published in the annual report

5

of the Office of Special Counsel.

6

(4) SUSPENSION

OF OTHER SURVEYS.—During

7

the period beginning on October 1, 2017, and ending

8

on September 30, 2018, section 13 of the Act entitled

9

‘‘An Act to reauthorize the Office of Special Counsel,

10

and for other purposes’’, approved October 29, 1994

11

(5 U.S.C. 1212 note), shall have no force or effect.

12

(l) STAYS

OF THE

MERIT SYSTEMS PROTECTION

13 BOARD.—Section 1214(b)(1)(B)(ii) of title 5, United States
14 Code, is amended by striking ‘‘who was appointed, by and
15 with the advice and consent of the Senate,’’.
16
17

(m) REGULATIONS.—
(1) IN

GENERAL.—Not

later than 2 years after

18

the date of enactment of this Act, the Special Counsel

19

shall prescribe such regulations as may be necessary

20

to perform—

21

(A) the functions of the Special Counsel

22

under subchapter II of chapter 12 of title 5,

23

United States Code, including regulations that

24

are necessary to carry out sections 1213, 1214,

25

and 1215 of that title; and

† HR 2810 PAP

1049
1

(B) any functions of the Special Counsel

2

that are required because of the amendments

3

made by this section.

4

(2) PUBLICATION.—Any regulations prescribed

5

under paragraph (1) shall be published in the Federal

6

Register.

7

(n) AUTHORIZATION OF APPROPRIATIONS.—

8

(1) IN

GENERAL.—Section

8(a)(2) of the Whistle-

9

blower Protection Act of 1989 (5 U.S.C. 5509 note) is

10

amended by striking ‘‘2003, 2004, 2005, 2006, and

11

2007’’ and inserting ‘‘2017 through 2022’’.

12

(2) EFFECTIVE

DATE.—The

amendment made by

13

paragraph (1) shall take effect as though enacted on

14

September 30, 2015.

15

SEC. 6006. RULE OF CONSTRUCTION ON CERTIFICATIONS

16

ON AUDIT READINESS OF THE DEPARTMENT

17

OF DEFENSE AND THE MILITARY DEPART-

18

MENTS, DEFENSE AGENCIES, AND OTHER OR-

19

GANIZATIONS AND ELEMENTS OF THE DE-

20

PARTMENT OF DEFENSE.

21

Section 1003 shall have no force or effect.

† HR 2810 PAP

1050
1

SEC. 6007. CERTIFICATIONS ON RELIABILITY OF THE FI-

2

NANCIAL STATEMENTS OF THE DEPARTMENT

3

OF DEFENSE AND THE MILITARY DEPART-

4

MENTS, DEFENSE AGENCIES, AND OTHER OR-

5

GANIZATIONS AND ELEMENTS OF THE DE-

6

PARTMENT OF DEFENSE.

7

(a) DEPARTMENT

OF

DEFENSE.—Not later than Sep-

8 tember 30, 2017, and each year thereafter, the Secretary
9 of Defense shall certify to the congressional defense commit10 tees whether or not the full financial statements of the De11 partment of Defense are reliable as of the date of such cer12 tification.
13
14
15

(b) MILITARY DEPARTMENTS, DEFENSE AGENCIES,
AND

OTHER ORGANIZATIONS AND ELEMENTS.—
(1) IN

GENERAL.—Not

later than September 30,

16

2017, and each year thereafter, each Secretary of a

17

military department, each head of a Defense Agency,

18

and each head of any other organization or element

19

of the Department of Defense designated by the Sec-

20

retary of Defense for purposes of this subsection shall

21

certify to the congressional defense committees whether

22

or not the full financial statements of the military de-

23

partment, the Defense Agency, or the organization or

24

element concerned became reliable during the fiscal

25

year in which such certification is to be submitted.

† HR 2810 PAP

1051
1

(2) TRANSMITTAL

THROUGH SECRETARY OF DE-

2

FENSE.—The

3

this subsection shall be transmitted to the congres-

4

sional defense committees collectively by the Secretary

5

under procedures established by the Secretary for pur-

6

poses of this subsection.

7

(c) TERMINATION

8 OPINION

ON

individual certifications required by

ON

RECEIPT

OF

UNMODIFIED AUDIT

FULL FINANCIAL STATEMENTS.—A certifi-

9 cation is no longer required under subsection (a) or (b) with
10 respect to the Department of Defense, or a military depart11 ment, Defense Agency, or organization or element of the De12 partment, as applicable, after the Department of Defense
13 or such military department, Defense Agency, or organiza14 tion or element receives an unmodified audit opinion on
15 its full financial statements.
16

SEC. 6008. STREAMLINING OF REQUIREMENTS IN CONNEC-

17

TION WITH AUDITS AND THE RELIABILITY OF

18

THE FINANCIAL STATEMENTS OF THE DE-

19

PARTMENT OF DEFENSE.

20

(a) REPEAL

21 CONDUCT
22

OF

OF

AUDIT

MENTS.—Section

LIMITATION
OF

ON

INSPECTOR GENERAL

UNRELIABLE FINANCIAL STATE-

1008 of the National Defense Authoriza-

23 tion Act for Fiscal Year 2002 (10 U.S.C. 113 note) is
24 amended by striking subseciton (d).

† HR 2810 PAP

1052
1

(b) CESSATION

2

PROVEMENT

3

MENTS.—Section

AND

OF

APPLICABILITY

OF

FINANCIAL IM-

AUDIT READINESS PLAN REQUIRE1003 of the National Defense Authoriza-

4 tion Act for Fiscal Year 2010 (10 U.S.C. 2222 note) is
5 amended by adding at the end the following new subsection:
6

‘‘(d) CESSATION

OF

APPLICABILITY.—This section and

7 the requirements of this section shall cease to be effective
8 on the date on which the Secretary of Defense submits to
9 the congressional defense committees a report setting forth
10 a certification that the financial statements of each depart11 ment, agency, activity, and other component of the Depart12 ment of Defense are under audit.’’.
13

SEC. 6009. RANKINGS OF AUDITABILITY OF FINANCIAL

14

STATEMENTS OF THE ORGANIZATIONS AND

15

ELEMENTS OF THE DEPARTMENT OF DE-

16

FENSE.

17

Not later than 30 days after the date of the enactment

18 of this Act, and annually thereafter, the Secretary of De19 fense shall, in coordination with the Under Secretary of De20 fense (Comptroller), submit to the congressional defense
21 committees a report setting forth a ranking of the
22 auditability of the financial statements of the departments,
23 agencies, organizations, and elements of the Department of
24 Defense according to the progress made toward achieving
25 auditability as required by law. The Under Secretary shall

† HR 2810 PAP

1053
1 determine the criteria to be used for purposes of the
2 rankings.
3

SEC.

6010.

REPORT

ON

IMPLEMENTATION

OF

COMP-

4

TROLLER GENERAL OF THE UNITED STATES

5

RECOMMENDATIONS FOR THE DEPARTMENT

6

OF DEFENSE, DEPARTMENT OF STATE, AND

7

UNITED

8

NATIONAL DEVELOPMENT.

9
10

STATES

AGENCY

FOR

INTER-

(a) REPORT.—
(1) IN

GENERAL.—Concerned

that, by avoiding

11

full implementation of recommendations made by the

12

Comptroller General of the United States, agencies

13

are missing opportunities to operate more efficiently

14

and effectively, not later than 120 days after the date

15

of the enactment of this Act, the Comptroller General

16

shall submit to the appropriate committees of Con-

17

gress a report summarizing the assessment of the

18

Comptroller General of each open recommendation

19

made to an agency specified in paragraph (2) that

20

has not been fully implemented.

21
22

(2) AGENCIES.—The agencies referred to in this
paragraph are as follows:

23

(A) The Department of Defense.

24

(B) The Department of State.

† HR 2810 PAP

1054
1
2
3

(C) The United States Agency for International Development.
(b) ELEMENTS.—The report required by subsection (a)

4 shall include a detailed description of the following:
5

(1) The initial response of the agency concerned

6

to each recommendation described in subsection (a)(1)

7

at the time such recommendation was made.

8
9

(2) The actions taken by the agency concerned to
implement such recommendation.

10

(3) The rationale provided by the agency con-

11

cerned for not implementing, or partially imple-

12

menting, such recommendation.

13

(c) FORM.—Any information included in a report

14 under this section shall, to the extent practicable, be sub15 mitted in unclassified form, but may be set forth in a classi16 fied annex.
17
18

(d) APPROPRIATE COMMITTEES
FINED.—In

OF

CONGRESS DE-

this section, the term ‘‘appropriate committees

19 of Congress’’ means—
20

(1) the Committee on Armed Services, the Com-

21

mittee on Foreign Relations, and the Committee on

22

Appropriations of the Senate; and

23

(2) the Committee on Armed Services, the Com-

24

mittee on Foreign Affairs, and the Committee on Ap-

25

propriations of the House of Representatives.

† HR 2810 PAP

1055
1
2

SEC. 6011. REPORT ON AIRPORTS USED BY MAHAN AIR.

(a) IN GENERAL.—Not later than 120 days after the

3 date of the enactment of this Act, and annually thereafter
4 through 2020, the Secretary of Homeland Security, in con5 sultation with the Secretary of Transportation, the Sec6 retary of State, the Secretary of the Treasury, and the Di7 rector of National Intelligence, shall submit to Congress a
8 report that includes—
9

(1) a list of all airports at which aircraft owned

10

or controlled by Mahan Air have landed during the

11

2 years preceding the submission of the report; and

12

(2) for each such airport—

13

(A) an assessment of whether aircraft owned

14

or controlled by Mahan Air continue to conduct

15

operations at that airport;

16

(B) an assessment of whether any of the

17

landings of aircraft owned or controlled by

18

Mahan Air were necessitated by an emergency

19

situation;

20

(C) a determination regarding whether ad-

21

ditional security measures should be imposed on

22

flights to the United States that originate from

23

that airport; and

24
25

(D) an explanation of the rationale for that
determination.

† HR 2810 PAP

1056
1

(b) FORM

OF

REPORT.—Each report required by sub-

2 section (a) shall be submitted in unclassified form, but may
3 include a classified annex.
4
5

SEC. 6012. OPEN GOVERNMENT DATA.

(a) SHORT TITLE.—This section may be cited as the

6 ‘‘Open, Public, Electronic, and Necessary Government Data
7 Act’’ or the ‘‘OPEN Government Data Act’’.
8

(b) DEFINITION.—In this section, the term ‘‘agency’’

9 has the meaning given the term in section 3561 of title 44,
10 United States Code, as added by subsection (c).
11
12

(c) OPEN GOVERNMENT DATA.—
(1) IN

GENERAL.—Chapter

35 of title 44, United

13

States Code, is amended by adding at the end the fol-

14

lowing:

15

‘‘Subchapter III—Open Government Data

16 ‘‘§ 3561. Definitions
17

‘‘As used in this subchapter—

18

‘‘(1) the term ‘agency’—

19
20

‘‘(A) has the meaning given the term in section 3502; and

21

‘‘(B) includes the Federal Election Commis-

22

sion;

23

‘‘(2) the term ‘data’ means recorded information,

24

regardless of form or the media on which the data is

25

recorded;

† HR 2810 PAP

1057
1

‘‘(3) the term ‘data asset’ means a collection of

2

data elements or data sets that may be grouped to-

3

gether;

4
5

‘‘(4) the term ‘Director’ means the Director of the
Office of Management and Budget;

6

‘‘(5) the term ‘Enterprise Data Inventory’ means

7

a data inventory developed and maintained under

8

section 3563;

9

‘‘(6) the terms ‘information resources manage-

10

ment’, ‘information system’, and ‘information tech-

11

nology’ have the meanings given those terms in sec-

12

tion 3502;

13

‘‘(7) the term ‘machine-readable’ means a format

14

in which information or data can be easily processed

15

by a computer without human intervention while en-

16

suring no semantic meaning is lost;

17

‘‘(8) the term ‘metadata’ means structural or de-

18

scriptive information about data such as content, for-

19

mat, source, rights, accuracy, provenance, frequency,

20

periodicity, granularity, publisher or responsible

21

party, contact information, method of collection, and

22

other descriptions;

23

‘‘(9) the term ‘open Government data asset’

24

means a data asset maintained by the Federal Gov-

25

ernment that is—

† HR 2810 PAP

1058
1

‘‘(A) machine-readable;

2

‘‘(B) available in an open format;

3

‘‘(C) not encumbered by restrictions that

4

would impede use or reuse;

5

‘‘(D) releasable to the public according to

6

guidance issued by the Director under section

7

3562(d); and

8

‘‘(E) based on an underlying open standard

9

that is maintained by a standards organization;

10

and

11

‘‘(10) the term ‘open license’ means a legal guar-

12

antee applied to a data asset that the data asset is

13

made available—

14

‘‘(A) at no cost to the public; and

15

‘‘(B) with no restrictions on copying, pub-

16

lishing, distributing, transmitting, citing, or

17

adapting.

18 ‘‘§ 3562. Requirements for Government data
19

‘‘(a) MACHINE-READABLE DATA REQUIRED.—Open

20 Government data assets made available by an agency shall
21 be published as machine-readable data.
22
23

‘‘(b) OPEN
QUIRED.—To

BY

DEFAULT

AND

OPEN LICENSE RE-

the extent permitted by law and subject to

24 privacy, confidentiality, security, and any other restric-

† HR 2810 PAP

1059
1 tions, and according to guidance issued by the Director
2 under subsection (d)—
3

‘‘(1) data assets maintained by the Federal Gov-

4

ernment shall—

5

‘‘(A) be available in an open format; and

6

‘‘(B) be available under open licenses; and

7

‘‘(2) open Government data assets published by

8

or for an agency shall be made available under an

9

open license.

10

‘‘(c) INNOVATION.—Each agency may engage with

11 nongovernmental organizations, citizens, nonprofit organi12 zations, colleges and universities, private and public com13 panies, and other agencies to explore opportunities to lever14 age the data assets of the agency in a manner that may
15 provide new opportunities for innovation in the public and
16 private sectors in accordance with law, regulation, and pol17 icy.
18
19

‘‘(d) GUIDANCE FOR OPEN BY DEFAULT AND OPEN LICENSE

REQUIREMENTS.—The Director shall issue guidance

20 for agencies to use in implementing subsections (a) and (b),
21 including criteria that the head of each agency shall use
22 in determining whether to make a particular data asset
23 publicly available in a manner that takes into account—
24

‘‘(1) privacy and confidentiality risks and re-

25

strictions, including the risk that an individual data

† HR 2810 PAP

1060
1

asset in isolation does not pose a privacy or confiden-

2

tiality risk but when combined with other available

3

information may pose such a risk;

4

‘‘(2) security considerations, including the risk

5

that information in an individual data asset in isola-

6

tion does not pose a security risk but when combined

7

with other available information may pose such a

8

risk;

9

‘‘(3) the cost and benefits to the public of con-

10

verting a data asset into a machine-readable format

11

that is accessible and useful to the public;

12

‘‘(4) the expectation that a data asset be dis-

13

closed, if it would otherwise be made available under

14

section 552 of title 5 (commonly known as the ‘Free-

15

dom of Information Act’); and

16
17

‘‘(5) any other considerations that the Director
determines to be relevant.

18 ‘‘§ 3563. Enterprise Data Inventory
19
20

‘‘(a) AGENCY DATA INVENTORY REQUIRED.—
‘‘(1) IN

GENERAL.—In

order to develop a clear

21

and comprehensive understanding of the data assets

22

in the possession of an agency, the head of each agen-

23

cy, in consultation with the Director, shall develop

24

and maintain an enterprise data inventory that ac-

25

counts for any data asset created, collected, under the

† HR 2810 PAP

1061
1

control or direction of, or maintained by the agency

2

after the effective date of this section, with the goal of

3

including all data assets, to the extent practicable.

4
5

‘‘(2) CONTENTS.—Each Enterprise Data Inventory shall include the following:

6

‘‘(A) Data assets used in agency informa-

7

tion systems (including program administration,

8

statistics, and financial activity) generated by

9

applications, devices, networks, facilities, and

10

equipment, categorized by source type.

11
12

‘‘(B) Data assets shared or maintained
across agency programs and bureaus.

13
14

‘‘(C) Data assets that are shared among
agencies or created by more than 1 agency.

15

‘‘(D) A clear indication of all data assets

16

that can be made publicly available under sec-

17

tion 552 of title 5 (commonly known as the

18

‘Freedom of Information Act’).

19

‘‘(E) A description of whether the agency

20

has determined that an individual data asset

21

may be made publicly available and whether the

22

data asset is available to the public.

23

‘‘(F) Open Government data assets.

† HR 2810 PAP

1062
1

‘‘(G) Other elements as required by the

2

guidance issued by the Director under subsection

3

(c).

4

‘‘(b) PUBLIC AVAILABILITY.—The Chief Information

5 Officer of each agency, in coordination with privacy and
6 security officials of the agency, shall use the guidance issued
7 by the Director under section 3562(d) in determining
8 whether to make data assets included in the Enterprise
9 Data Inventory of the agency publicly available in an open
10 format and under an open license.
11

‘‘(c) GUIDANCE

FOR

ENTERPRISE DATA INVENTORY.—

12 The Director shall issue guidance for each Enterprise Data
13 Inventory, including a requirement that an Enterprise
14 Data Inventory includes a compilation of metadata about
15 agency data assets.
16
17

‘‘(d) AVAILABILITY
TORY.—The

OF

ENTERPRISE DATA INVEN-

Chief Information Officer of each agency—

18

‘‘(1) shall make the Enterprise Data Inventory of

19

the agency available to the public on the Federal Data

20

Catalog required under section 3566;

21

‘‘(2) shall ensure that access to the Enterprise

22

Data Inventory of the agency and the data contained

23

therein is consistent with applicable law, regulation,

24

and policy; and

† HR 2810 PAP

1063
1

‘‘(3) may implement paragraph (1) in a manner

2

that maintains a nonpublic portion of the Enterprise

3

Data Inventory of the agency.

4

‘‘(e) REGULAR UPDATES REQUIRED.—The Chief In-

5 formation Officer of each agency shall—
6

‘‘(1) to the extent practicable, complete the En-

7

terprise Data Inventory for the agency not later than

8

1 year after the date of enactment of this section; and

9

‘‘(2) add additional data assets to the Enterprise

10

Data Inventory for the agency not later than 90 days

11

after the date on which the data asset is created or

12

identified.

13

‘‘(f) USE

OF

EXISTING RESOURCES.—When prac-

14 ticable, the Chief Information Officer of each agency shall
15 use existing procedures and systems to compile and publish
16 the Enterprise Data Inventory for the agency.
17 ‘‘§ 3564. Federal agency responsibilities
18

‘‘(a) INFORMATION RESOURCES MANAGEMENT.—With

19 respect to general information resources management, each
20 agency shall—
21

‘‘(1) improve the integrity, quality, and utility

22

of information to all users within and outside the

23

agency by—

24

‘‘(A) using open format for any new open

25

Government data asset created or obtained on or

† HR 2810 PAP

1064
1

after the date that is 1 year after the date of en-

2

actment of this section; and

3

‘‘(B) to the extent practicable, encouraging

4

the adoption of open format for all open Govern-

5

ment data assets created or obtained before the

6

date described in subparagraph (A); and

7

‘‘(2) in consultation with the Director, develop

8

an open data plan that, at a minimum and to the

9

extent practicable—

10
11

‘‘(A) requires the agency to develop processes and procedures that—

12

‘‘(i) require each new data collection

13

mechanism to use an open format; and

14

‘‘(ii) allow the agency to collaborate

15

with non-Government entities, researchers,

16

businesses, and private citizens for the pur-

17

pose of understanding how data users value

18

and use open Government data assets;

19

‘‘(B) identifies and implements methods for

20

collecting and analyzing digital information on

21

data asset usage by users within and outside of

22

the agency, including designating a point of con-

23

tact within the agency to assist the public and

24

to respond to quality issues, usability issues, rec-

† HR 2810 PAP

1065
1

ommendations for improvements, and complaints

2

about adherence to open data requirements;

3

‘‘(C) develops and implements a process to

4

evaluate and improve the timeliness, complete-

5

ness, accuracy, usefulness, and availability of

6

open Government data assets;

7
8

‘‘(D) requires the agency to update the plan
at an interval determined by the Director;

9

‘‘(E) includes requirements for meeting the

10

goals of the agency open data plan including

11

technology, training for employees, and imple-

12

menting procurement standards, in accordance

13

with existing law, regulation, and policy, that

14

allow for the acquisition of innovative solutions

15

from the public and private sectors; and

16

‘‘(F) prohibits the disclosure of data assets

17

unless the data asset may be released to the pub-

18

lic in accordance with guidance issued by the

19

Director under section 3562(d).

20

‘‘(b) INFORMATION DISSEMINATION.—With respect to

21 information dissemination, each agency—
22
23

‘‘(1) shall provide access to open Government
data assets online;

24

‘‘(2) shall take the necessary precautions to en-

25

sure that the agency maintains the production and

† HR 2810 PAP

1066
1

publication of data assets which are directly related

2

to activities that protect the safety of human life or

3

property, as identified by the open data plan of the

4

agency required under subsection (a)(2); and

5

‘‘(3) may engage the public in using open Gov-

6

ernment data assets and encourage collaboration by—

7

‘‘(A) publishing information on open Gov-

8

ernment data assets usage in regular, timely in-

9

tervals, but not less frequently than annually;

10

‘‘(B) receiving public input regarding pri-

11

orities for the analysis and disclosure of data as-

12

sets to be published;

13

‘‘(C) assisting civil society groups and

14

members of the public working to expand the use

15

of open Government data assets; and

16

‘‘(D)

hosting

challenges,

competitions,

17

events, or other initiatives designed to create ad-

18

ditional value from open Government data as-

19

sets.

20 ‘‘§ 3565. Additional agency data asset management re21
22

sponsibilities

‘‘The Chief Information Officer of each agency, or other

23 appropriate official designated by the head of an agency,
24 in collaboration with other internal agency stakeholders, is
25 responsible for—

† HR 2810 PAP

1067
1

‘‘(1) data asset management, format standard-

2

ization, sharing of data assets, and publication of

3

data assets for the agency;

4

‘‘(2) the compilation and publication of the En-

5

terprise Data Inventory for the agency required under

6

section 3563;

7
8

‘‘(3) ensuring that agency data conforms with
open data best practices;

9

‘‘(4) engaging agency employees, the public, and

10

contractors in using open Government data assets

11

and encouraging collaborative approaches to improv-

12

ing data use;

13

‘‘(5) supporting the agency Performance Im-

14

provement Officer in generating data to support the

15

function of the Performance Improvement Officer de-

16

scribed in section 1124(a)(2) of title 31;

17

‘‘(6) supporting officials responsible for leading

18

agency mission areas and Governmentwide initiatives

19

in maximizing data available for program adminis-

20

tration, statistics, evaluation, research, and internal

21

financial management, subject to any privacy, con-

22

fidentiality, security laws and policies, and other

23

valid restrictions;

24

‘‘(7) reviewing the information technology infra-

25

structure of the agency and the impact of the infra-

† HR 2810 PAP

1068
1

structure on making data assets accessible to reduce

2

barriers that inhibit data asset accessibility;

3

‘‘(8) ensuring that, to the extent practicable, the

4

agency is maximizing data assets used in agency in-

5

formation systems generated by applications, devices,

6

networks, facilities, and equipment, categorized by

7

source type, and such use is not otherwise prohibited,

8

to reduce costs, improve operations, and strengthen se-

9

curity and privacy protections; and

10

‘‘(9) identifying points of contact for roles and

11

responsibilities related to open data use and imple-

12

mentation as required by the Director.

13 ‘‘§ 3566. Federal Data Catalog
14

‘‘(a) FEDERAL DATA CATALOG REQUIRED.—The Ad-

15 ministrator of General Services shall maintain a single
16 public interface online, to be known as the ‘Federal Data
17 Catalog’, as a point of entry dedicated to sharing open Gov18 ernment data assets with the public.
19

‘‘(b) COORDINATION WITH AGENCIES.—The Director

20 shall determine, after consultation with the head of each
21 agency and the Administrator of General Services, the
22 method to access any open Government data assets pub23 lished through the interface described in subsection (a).’’.
24

(2) SPECIAL

† HR 2810 PAP

PROVISIONS.—

1069
1

(A)

EFFECTIVE

DATE.—Notwithstanding

2

subsection (i), section 3562 of title 44, United

3

States Code, as added by paragraph (1), shall

4

take effect on the date that is 1 year after the

5

date of enactment of this Act and shall apply

6

with respect to any contract entered into by an

7

agency on or after such effective date.

8

(B) USE

OF OPEN DATA ASSETS.—Not

later

9

than 1 year after the date of enactment of this

10

Act, the head of each agency shall ensure that

11

any activities by the agency or any new contract

12

entered into by the agency meet the requirements

13

of section 3562 of title 44, United States Code,

14

as added by paragraph (1).

15

(C) DEADLINE

FOR FEDERAL DATA CATA-

16

LOG.—Not

17

date of this section, the Administrator of General

18

Services shall meet the requirements of section

19

3566 of title 44, United States Code, as added by

20

paragraph (1)

21

(3)

22

MENT.—The

23

44, United States Code, is amended by adding at the

24

end the following:

later than 180 days after the effective

TECHNICAL

† HR 2810 PAP

CONFORMING

AMEND-

table of sections for chapter 35 of title

‘‘SUBCHAPTER
‘‘3561. Definitions.

AND

III—OPEN GOVERNMENT DATA

1070
‘‘3562.
‘‘3563.
‘‘3564.
‘‘3565.
‘‘3566.

1
2

Requirements for Government data.
Enterprise Data Inventory.
Federal agency responsibilities.
Additional agency data asset management responsibilities.
Federal Data Catalog.’’.

(d) EVALUATION

OF

AGENCY ANALYTICAL CAPABILI-

TIES.—

3

(1) AGENCY

REVIEW OF EVALUATION AND ANAL-

4

YSIS CAPABILITIES; REPORT.—Not

5

after the date of enactment of this Act, the Chief Op-

6

erating Officer of each agency shall submit to the

7

Committee on Homeland Security and Governmental

8

Affairs of the Senate, the Committee on Oversight and

9

Government Reform of the House of Representatives,

10

and the Director of the Office of Management and

11

Budget a report on the review described in paragraph

12

(2).

13

(2) REQUIREMENTS

later than 3 years

OF AGENCY REVIEW.—The

14

report required under paragraph (1) shall assess the

15

coverage, quality, methods, effectiveness, and inde-

16

pendence of the evaluation, research, and analysis ef-

17

forts of an agency, including each of the following:

18

(A) A list of the activities and operations of

19

the agency that are being evaluated and ana-

20

lyzed and the activities and operations that have

21

been evaluated and analyzed during the previous

22

5 years.

† HR 2810 PAP

1071
1

(B) The extent to which the evaluations, re-

2

search, and analysis efforts and related activities

3

of the agency support the needs of various divi-

4

sions within the agency.

5

(C) The extent to which the evaluation re-

6

search and analysis efforts and related activities

7

of the agency address an appropriate balance be-

8

tween needs related to organizational learning,

9

ongoing

program

management,

performance

10

management, strategic management, interagency

11

and private sector coordination, internal and ex-

12

ternal oversight, and accountability.

13

(D) The extent to which the agency uses

14

methods and combinations of methods that are

15

appropriate to agency divisions and the cor-

16

responding research questions being addressed,

17

including an appropriate combination of forma-

18

tive and summative evaluation research and

19

analysis approaches.

20

(E) The extent to which evaluation and re-

21

search capacity is present within the agency to

22

include personnel, agency process for planning

23

and implementing evaluation activities, dissemi-

24

nating best practices and findings, and incor-

25

porating employee views and feedback.

† HR 2810 PAP

1072
1

(F) The extent to which the agency has the

2

capacity to assist front-line staff and program

3

offices to develop the capacity to use evaluation

4

research and analysis approaches and data in

5

the day-to-day operations.

6

(3) GAO

REVIEW OF AGENCY REPORTS.—Not

7

later than 4 years after the date of enactment of this

8

Act, the Comptroller General of the United States

9

shall submit to Congress a report that summarizes

10

agency findings and highlights trends from the re-

11

ports submitted under paragraph (1) and, if appro-

12

priate, recommends actions to further improve agency

13

capacity to use evaluation techniques and data to

14

support evaluation efforts.

15

(e) ONLINE REPOSITORY

16

AND

ADDITIONAL RE-

PORTS.—

17

(1) REPOSITORY.—The Director of the Office of

18

Management and Budget shall collaborate with the

19

Office of Government Information Services and the

20

Administrator of General Services to develop and

21

maintain an online repository of tools, best practices,

22

and schema standards to facilitate the adoption of

23

open data practices, which shall—

24

(A) include definitions, regulation and pol-

25

icy, checklists, and case studies related to open

† HR 2810 PAP

1073
1

data, this section, and the amendments made by

2

this section; and

3

(B) facilitate collaboration and the adop-

4

tion of best practices across the Federal Govern-

5

ment relating to the adoption of open data prac-

6

tices.

7

(2) GAO

REPORT.—Not

later than 3 years after

8

the date of enactment of this Act, the Comptroller

9

General of the United States shall submit to the Com-

10

mittee on Homeland Security and Governmental Af-

11

fairs of the Senate and the Committee on Oversight

12

and Government Reform of the House of Representa-

13

tives a report that identifies—

14

(A) the value of information made available

15

to the public as a result of this section and the

16

amendments made by this section;

17

(B) whether it is valuable to expand the

18

publicly available information to any other data

19

assets; and

20

(C) the completeness of the Enterprise Data

21

Inventory at each agency required under section

22

3563 of title 44, United States Code, as added by

23

subsection (c).

24

(3) BIENNIAL

25

OMB REPORT.—Not

later than 1

year after the effective date of this section, and every

† HR 2810 PAP

1074
1

2 years thereafter, the Director of the Office of Man-

2

agement and Budget shall electronically publish a re-

3

port on agency performance and compliance with this

4

section and the amendments made by this section.

5

(4) AGENCY

CIO REPORT.—Not

later than 1 year

6

after the effective date of this section and every year

7

thereafter, the Chief Information Officer of each agen-

8

cy shall submit to the Committee on Homeland Secu-

9

rity and Governmental Affairs of the Senate and the

10

Committee on Homeland Security of the House of

11

Representatives a report on compliance with the re-

12

quirements of this section and the amendments made

13

by this section, including information on the require-

14

ments that the agency could not meet and what the

15

agency needs to comply with those requirements.

16

(f) GUIDANCE.—The Director of the Office of Manage-

17 ment and Budget shall delegate to the Administrator of the
18 Office of Information and Regulatory Affairs and the Ad19 ministrator of the Office of Electronic Government the au20 thority to jointly issue guidance required under this section.
21

(g) NATIONAL SECURITY SYSTEMS.—This section and

22 the amendments made by this section shall not apply to
23 data assets that are contained in a national security sys24 tem, as defined in section 11103 of title 40, United States
25 Code.

† HR 2810 PAP

1075
1

(h) RULE

OF

CONSTRUCTION.—Nothing in this sec-

2 tion, or the amendments made by this section, shall be con3 strued to require the disclosure of information or records
4 that may be withheld from public disclosure under any pro5 vision of Federal law, including section 552 of title 5,
6 United States Code (commonly known as the ‘‘Freedom of
7 Information Act’’) and section 552a of title 5, United States
8 Code (commonly known as the ‘‘Privacy Act of 1974’’).
9

(i) EFFECTIVE DATE.—This section, and the amend-

10 ments made by this section, shall take effect on the date
11 that is 180 days after the date of enactment of this Act.
12

SEC. 6013. BRIEFING ON PLANS TO DEVELOP AND IMPROVE

13
14

ADDITIVE MANUFACTURING CAPABILITIES.

Not later than December 1, 2017, the Secretary of De-

15 fense shall brief the Committees on Armed Services of the
16 Senate and the House of Representatives on the Depart17 ment’s plans to develop and improve additive manufac18 turing, including the Department’s plans to—
19
20

(1) develop military and quality assurance
standards as quickly as possible;

21

(2) leverage current manufacturing institutes to

22

conduct research in the validation of quality stand-

23

ards for additive manufactured parts; and

† HR 2810 PAP

1076
1

(3) further integrate additive manufacturing ca-

2

pabilities and capacity into the Department’s organic

3

depots, arsenals, and shipyards.

5

TITLE LXII—MATTERS RELATING
TO FOREIGN NATIONS

6

SEC. 6201. ADVANCEMENTS IN DEFENSE COOPERATION BE-

4

7
8
9

TWEEN THE UNITED STATES AND INDIA.

(a) STRATEGY TO FURTHER COOPERATION.—
(1) IN

GENERAL.—Not

later than 180 days after

10

the date of the enactment of this Act, the Secretary of

11

Defense shall, in consultation with the Secretary of

12

State, develop a strategy for advancing defense co-

13

operation between the United States and India.

14
15

(2) ELEMENTS.—The strategy shall address the
following:

16

(A) Common security challenges.

17

(B) The role of United States partners and

18

allies in the United States-India defense rela-

19

tionship.

20
21

(C) The role of the Defense Technology and
Trade Initiative.

22

(D) How to advance the Communications

23

Interoperability and Security Memorandum of

24

Agreement and the Basic Exchange and Co-

25

operation Agreement for Geospatial Cooperation.

† HR 2810 PAP

1077
1
2

(E) The role of joint exercises, operations,
patrols and mutual defense planning.

3

(F) Any other matters the Secretary of De-

4

fense or the Secretary of State considers appro-

5

priate.

6
7
8

(b) INDIA AS MAJOR DEFENSE PARTNER.—
(1) FINDINGS.—Congress makes the following
findings:

9

(A) Subsection (a)(1)(A) of section 1292 of

10

the National Defense Authorization Act for Fis-

11

cal Year 2017 (Public Law 114–328; 130 Stat.

12

2559; 22 U.S.C. 2751 note) requires the recogni-

13

tion of India as a major defense partner.

14

(B) The President and the Prime Minister

15

of India, in a joint statement, noted that India

16

is a Major Defense Partner of the United States.

17

(C) The designation of ‘‘Major Defense

18

Partner’’ is unique to India, and institutional-

19

izes the progress made to facilitate defense trade

20

and technology sharing between the United

21

States and India.

22

(D) The designation elevates defense trade

23

and technology cooperation between the United

24

States and India to a level commensurate with

† HR 2810 PAP

1078
1

the closest allies and partners of the United

2

States.

3

(E) The designation is intended to facilitate

4

technology sharing between the United States

5

and India, including license-free access to a wide

6

range of dual-use technologies.

7

(F) The designation facilitates joint exer-

8

cises, coordination on defense strategy and pol-

9

icy, military exchanges, and port calls in sup-

10

port of defense cooperation between the United

11

States and India.

12

(2) INTERAGENCY

DEFINITION.—The

Secretary of

13

Defense, the Secretary of State, and the Secretary of

14

Commerce shall jointly produce a common definition

15

of the term ‘‘Major Defense Partner’’ as it relates to

16

India for joint use by the Department of Defense, the

17

Department of State, and the Department of Com-

18

merce.

19

(c) RESPONSIBILITY

20

(1) IN

FOR

ENHANCED COOPERATION.—

GENERAL.—Not

later than 90 days after

21

the date of the enactment of this Act, the Secretary of

22

Defense and the Secretary of State shall make the des-

23

ignation required by subsection (a)(1)(B) of section

24

1292 of the National Defense Authorization Act for

25

Fiscal Year 2017.

† HR 2810 PAP

1079
1

(2) ADDITIONAL

DUTIES.—In

addition to the du-

2

ties specified in clauses (i) and (ii) of subsection

3

(a)(1)(B) of such section 1292, the individual des-

4

ignated pursuant to paragraph (1) shall promote

5

United States defense trade with India for the benefit

6

of job creation and commercial competitiveness in the

7

United States.

8

(3) BRIEFINGS.—Not later than 90 days after

9

the date of the enactment of this Act, and every 90

10

days thereafter, appropriate officials of the Office of

11

the Secretary of Defense and appropriate officials of

12

the Department of State shall brief the appropriate

13

committees of Congress on the actions of the Depart-

14

ment of Defense and the Department of State, respec-

15

tively, to promote the competitiveness of United States

16

defense exports to India. The requirement for briefings

17

under this paragraph shall cease on the date of the

18

designation of an individual pursuant to paragraph

19

(1).

20

(4) APPROPRIATE

COMMITTEES OF CONGRESS

21

DEFINED.—In

22

committees of Congress’’ means—

this subsection, the term ‘‘appropriate

23

(A) the Committee on Armed Services and

24

the Committee on Foreign Relations of the Sen-

25

ate; and

† HR 2810 PAP

1080
1

(B) the Committee on Armed Services and

2

the Committee on Foreign Affairs of the House

3

of Representatives.

4

SEC.

6202.

COMPTROLLER

5
6

GENERAL

OF

THE

UNITED

STATES REPORT.

(a) RULE

OF

CONSTRUCTION.—Subsection (b) is en-

7 acted in coordination with section 1205, to which it relates.
8

(b) COMPTROLLER GENERAL

OF THE

UNITED STATES

9 REPORT.—
10

(1) IN

GENERAL.—Not

later than May 1, 2018,

11

the Comptroller General of the United States shall

12

submit to the appropriate committees of Congress a

13

report that sets forth the following:

14

(A) A description of the mechanisms and

15

authorities used by the Department of Defense

16

and the Department of State to conduct training

17

of foreign security forces on human rights and

18

international humanitarian law.

19

(B) A description of the funding used to

20

support the training described in subparagraph

21

(A).

22

(C) A description and assessment of the

23

methodology used by each of the Department of

24

Defense and the Department of State to assess

25

the effectiveness of such training.

† HR 2810 PAP

1081
1

(D) Such recommendations for improve-

2

ments to such training as the Comptroller Gen-

3

eral considers appropriate.

4

(E) Such other matters relating to such

5

training as the Comptroller General considers

6

appropriate.

7

(2) APPROPRIATE

COMMITTEES OF CONGRESS

8

DEFINED.—In

9

committees of Congress’’ means—

this subsection, the term ‘‘appropriate

10

(A) the Committee on Armed Services, the

11

Committee on Foreign Relations, and the Com-

12

mittee on Appropriations of the Senate; and

13

(B) the Committee on Armed Services, the

14

Committee on Foreign Affairs, and the Com-

15

mittee on Appropriations of the House of Rep-

16

resentatives.

17

SEC. 6203. HUMAN RIGHTS VETTING OF AFGHAN NATIONAL

18
19

DEFENSE AND SECURITY FORCES.

The Secretary of Defense may establish within the De-

20 partment of Defense one or more permanent positions to
21 oversee and support, in coordination with the Department
22 of State, the implementation of section 362 of title 10,
23 United States Code, with respect to the Afghan National
24 Defense and Security Forces.

† HR 2810 PAP

1082
1

SEC. 6204. ADDITIONAL MATTER FOR SENSE OF CONGRESS

2

ON EXTENDED DETERRENCE FOR THE KO-

3

REAN PENINSULA AND JAPAN.

4

Section 1269(2) is deemed to be amended by inserting

5 the following before the period: ‘‘, and should fully consider
6 actions to reassure the Republic of Korea and Japan of the
7 enduring commitment of the United States to provide its
8 full range of defensive capabilities’’.
9

SEC. 6205. STUDY ON UNITED STATES INTERESTS IN THE

10
11

FREELY ASSOCIATED STATES.

(a) STUDY REQUIRED.—The Secretary of Defense shall

12 enter into an agreement with an appropriate independent
13 entity to conduct a study and assessment of United States
14 security and foreign policy interests in the Freely Associ15 ated States of the Republic of Palau, the Republic of the
16 Marshall Islands, and the Federated States of Micronesia.
17

(b) ELEMENTS.—The study required pursuant to sub-

18 section (a) shall address the following:
19

(1) The role of the Compacts of Free Association

20

in promoting United States defense and foreign pol-

21

icy interests, and the status of the obligations of the

22

United States and the Freely Associated States under

23

the Compacts of Free Association.

24

(2) The economic assistance practices of the Peo-

25

ple’s Republic of China in the Freely Associated

26

States, and the implications of such practices for
† HR 2810 PAP

1083
1

United States defense and foreign policy interests in

2

the Freely Associated States and the Pacific region.

3

(3) The economic assistance practices of other

4

countries in the Freely Associated States, as deter-

5

mined by the Comptroller General, and the implica-

6

tions of such practices for United States defense and

7

foreign policy interests in the Freely Associated States

8

and the Pacific region.

9

(4) Any other matters the Secretary considers

10

appropriate for purposes of the study.

11

(c) DEPARTMENT

OF

DEFENSE SUPPORT.—The Sec-

12 retary shall provide the entity conducting the study pursu13 ant to subsection (a) with timely access to appropriate in14 formation, data, resources, and analysis so that the entity
15 may conduct a thorough and independent assessment of the
16 matters covered by the study, including the matters speci17 fied in subsection (b).
18
19

(d) REPORT.—
(1) IN

GENERAL.—Not

later than December 1,

20

2018, the Secretary shall submit to the congressional

21

defense committees a report setting forth the results of

22

the study conducted pursuant to subsection (a).

23

(2) FORM.—The report required by paragraph

24

(1) shall be submitted in unclassified for, but may in-

25

clude a classified annex.

† HR 2810 PAP

1084
1

SEC. 6206. PLAN TO ENHANCE THE EXTENDED DETER-

2

RENCE AND ASSURANCE CAPABILITIES OF

3

THE UNITED STATES IN THE ASIA-PACIFIC

4

REGION.

5

(a) FINDING.—Congress recognizes that North Korea’s

6 first successful test of an intercontinental ballistic missile
7 (ICBM) constitutes a grave and imminent threat to United
8 States security and to the security of United States allies
9 and partners in the Asia-Pacific region.
10

(b) PLAN.—Not later than 30 days after the date of

11 the enactment of this Act, the Secretary of Defense, in con12 sultation with the Commander of the United States Pacific
13 Command and the Commander of the United States Stra14 tegic Command, shall submit to the congressional defense
15 committees a plan to enhance the extended deterrence and
16 assurance capabilities of the United States in the Asia-Pa17 cific region.
18

(c) MATTERS TO BE INCLUDED.—The plan shall in-

19 clude consideration of actions that will enhance United
20 States security by strengthening deterrence of North Korean
21 aggression and providing increased assurance to United
22 States allies in the Asia-Pacific region, including the fol23 lowing:
24

(1) Increased visible presence of key United

25

States military assets, such as missile defenses, long-

† HR 2810 PAP

1085
1

range strike assets, and intermediate-range strike as-

2

sets, to the region that do not violate existing treaties.

3

(2) Increased military cooperation, exercises, and

4
5
6
7
8
9
10

integration of defenses with allies in the region.
(3) Increased foreign military sales to allies in
the region.
(4) Planning for, exercising, or deploying dualcapable aircraft to the region.
(5) Any necessary modifications to the United
States nuclear force posture.

11

(6) Such other actions the Secretary considers

12

appropriate to strengthen extended deterrence and as-

13

surance in the region.

14

(d) FORM.—The plan shall be submitted in unclassi-

15 fied form, but may contain a classified annex.
16

SEC. 6207. RULE OF CONSTRUCTION ON PROVISIONS RE-

17

LATING TO THE UKRAINE SECURITY ASSIST-

18

ANCE INITIATIVE.

19

Sections 1243 through 1250 of this Act shall have no

20 force or effect.
21

SEC. 6208. EXTENSION OF UKRAINE SECURITY ASSISTANCE

22
23

INITIATIVE.

(a) EXTENSION.—Subsection (h) of section 1250 of the

24 National Defense Authorization Act for Fiscal Year 2016
25 (Public Law 114–92; 129 Stat. 1068), as amended by sec-

† HR 2810 PAP

1086
1 tion 1237 of the National Defense Authorization Act for Fis2 cal Year 2017 (Public Law 114–328; 130 Stat. 2494), is
3 further amended by striking ‘‘December 31, 2018’’ and in4 serting ‘‘December 31, 2020’’.
5

(b) FUNDING

FOR

FISCAL YEAR 2018.—Subsection (f)

6 of such section 1250, as added by subsection (a) of such
7 section 1237, is further amended by adding at the end the
8 following new paragraph:
9
10

‘‘(3) For fiscal year 2018, $500,000,000.’’.
(c) AVAILABILITY

OF

FUNDS.—Subsection (c) of such

11 section 1250, as amended by subsection (c) of such section
12 1237, is further amended—
13

(1) in paragraph (1), by inserting after ‘‘pursu-

14

ant to subsection (f)(2)’’ the following: ‘‘, or more

15

than $250,000,000 of the funds available for fiscal

16

year 2018 pursuant to subsection (f)(3),’’;

17

(2) in paragraph (2)—

18

(A) in the first sentence—

19

(i) by inserting ‘‘with respect to the

20

fiscal year concerned’’ after ‘‘is a certifi-

21

cation’’; and

22

(ii) by striking ‘‘and improvement in

23

transparency, accountability, and potential

24

opportunities for privatization in the de-

25

fense

† HR 2810 PAP

industrial

sector’’

and

inserting

1087
1

‘‘sustainment, inventory management prac-

2

tices, progress in improving the security of

3

proprietary or sensitive foreign defense tech-

4

nology’’; and

5

(B) in the second sentence, by inserting

6

after ‘‘additional action is needed’’ the following:

7

‘‘and a description of the methodology used to

8

evaluate whether Ukraine has made progress in

9

defense institutional reforms relative to pre-

10

viously established goals and objectives’’; and

11

(3) in paragraph (3)—

12
13

(A) by inserting ‘‘or 2018’’ after ‘‘in fiscal
year 2017’’; and

14

(B) by striking ‘‘in paragraph (2), such

15

funds may be used in that fiscal year’’ and in-

16

serting ‘‘in paragraph (2) with respect to such

17

fiscal year, such funds may be used in such fiscal

18

year’’.

19

SEC. 6209. EXTENSION OF AUTHORITY ON TRAINING FOR

20

EASTERN EUROPEAN NATIONAL SECURITY

21

FORCES IN THE COURSE OF MULTILATERAL

22

EXERCISES.

23

(a) EXTENSION.—Subsection (h) of section 1251 of the

24 National Defense Authorization Act for Fiscal Year 2016
25 (10 U.S.C. 2282 note) is amended—

† HR 2810 PAP

1088
1
2

(1) by striking ‘‘September 30, 2018’’ and inserting ‘‘December 31, 2020’’; and

3

(2) by striking ‘‘fiscal years 2016 through 2018’’

4

and inserting ‘‘fiscal year 2016 through calendar year

5

2020’’.

6

(b) TECHNICAL

AND

CONFORMING AMENDMENTS.—

7 Such section is further amended—
8
9

(1) by striking ‘‘military’’ each place it appears
and inserting ‘‘security’’;

10
11

(2) in subsection (e), by striking ‘‘that’’ and inserting ‘‘than’’; and

12
13

(3) in subsection (f), by striking ‘‘section 2282’’
and inserting ‘‘chapter 16’’.

14

SEC. 6210. SECURITY ASSISTANCE FOR BALTIC NATIONS

15

FOR JOINT PROGRAM FOR RESILIENCY AND

16

DETERRENCE AGAINST AGGRESSION.

17

(a) IN GENERAL.—The Secretary of Defense may, with

18 the concurrence of the Secretary of State, conduct or support
19 a joint program of the Baltic nations to improve their resil20 ience against and build their capacity to deter aggression
21 by the Russian Federation.
22

(b) JOINT PROGRAM.—For purposes of subsection (a),

23 a joint program of the Baltic nations may be either of the
24 following:

† HR 2810 PAP

1089
1

(1) A program jointly agreed by the Baltic na-

2

tions that builds interoperability among those coun-

3

tries.

4

(2) An agreement for the joint procurement by

5

the Baltic nations of defense articles or services using

6

assistance provided pursuant to subsection (a).

7

(c) PARTICIPATION

OF

OTHER COUNTRIES.—Any

8 country other than a Baltic nation may participate in the
9 joint program described in subsection (a), but only using
10 funds of such country.
11

(d) LIMITATION

ON

AMOUNT.—The total amount of as-

12 sistance provided pursuant to subsection (a) in fiscal year
13 2018 may not exceed $100,000,000.
14

(e) FUNDING.—Amounts for assistance provided pur-

15 suant to subsection (a) shall be derived from amounts au16 thorized to be appropriated by this Act and available for
17 the European Deterrence Initiative (EDI).
18

(f) BALTIC NATIONS DEFINED.—In this section, the

19 term ‘‘Baltic nations’’ means the following:
20

(1) Estonia.

21

(2) Latvia.

22

(3) Lithuania.

† HR 2810 PAP

1090
1

SEC. 6211. ANNUAL REPORT ON MILITARY AND SECURITY

2

DEVELOPMENTS INVOLVING THE RUSSIAN

3

FEDERATION.

4

Section 1245(b) of the Carl Levin and Howard P.

5 ‘‘Buck’’ McKeon National Defense Authorization Act for
6 Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3566),
7 as most recently amended by section 1235(a) of the National
8 Defense Authorization Act for Fiscal Year 2017 (Public
9 Law 114–328; 130 Stat. 2490), is further amended—
10

(1) by redesignating paragraphs (14) through

11

(20) as paragraphs (15) through (21), respectively;

12

and

13
14
15
16

(2) by inserting after paragraph (13) the following new paragraph (14):
‘‘(14) An assessment of Russia’s hybrid warfare
strategy and capabilities, including—

17

‘‘(A) Russia’s information warfare strategy

18

and capabilities, including the use of misin-

19

formation, disinformation, and propaganda in

20

social and traditional media;

21

‘‘(B) Russia’s financing of political parties,

22

think tanks, media organizations, and academic

23

institutions;

24

‘‘(C) Russia’s malicious cyber activities;

† HR 2810 PAP

1091
1

‘‘(D) Russia’s use of coercive economic tools,

2

including sanctions, market access, and differen-

3

tial pricing, especially in energy exports; and

4

‘‘(E) Russia’s use of criminal networks and

5
6

corruption to achieve political objectives.’’.
SEC. 6212. ANNUAL REPORT ON ATTEMPTS OF THE RUS-

7

SIAN

8

DISINFORMATION

9

MEMBERS OF THE ARMED FORCES BY SOCIAL

10
11

FEDERATION
AND

TO

PROVIDE

PROPAGANDA

TO

MEDIA.

(a) ANNUAL REPORT REQUIRED.—Not later than

12 March 31 each year, the Secretary of Defense shall submit
13 to the congressional defense committees a report on attempts
14 by the Russian Federation, or any foreign person acting
15 as an agent of or on behalf of the Russian Federation, dur16 ing the preceding year to knowingly disseminate Russian
17 Federation-supported

disinformation

or

propaganda,

18 through social media applications or related Internet-based
19 means, to members of the Armed Forces with probable in20 tent to cause injury to the United States or advantage the
21 Government of the Russian Federation.
22

(b) FORM.—Each report under this section shall be

23 submitted in unclassified form, but may include a classified
24 annex.

† HR 2810 PAP

1092
1

SEC. 6213. SUPPORT OF EUROPEAN DETERRENCE INITIA-

2

TIVE TO DETER RUSSIAN AGGRESSION.

3

(a) FINDINGS.—Congress makes the following findings:

4

(1) Military exercises, such as Exercise Nifty

5

Nugget and Exercise Reforger during the Cold War,

6

have historically made important contributions to

7

testing operational concepts, technologies, and leader-

8

ship approaches; identifying limiting factors in the

9

execution of operational plans and appropriate cor-

10

rective action; and bolstering deterrence against ad-

11

versaries by demonstrating United States military ca-

12

pabilities.

13

(2) Military exercises with North Atlantic Treaty

14

Organization (NATO) allies enhance the interoper-

15

ability and strategic credibility of the alliance.

16

(3) The increase in conventional, nuclear, and

17

hybrid threats by the Russian Federation against the

18

security interests of the United States and allies in

19

Europe requires substantial and sustained investment

20

to improve United States combat capability in Eu-

21

rope.

22

(4) The decline of a permanent United States

23

military presence in Europe in recent years increases

24

the likelihood the United States will rely on being

25

able to flow forces from the continental United States

† HR 2810 PAP

1093
1

to the European theater in the event of a major con-

2

tingency.

3

(5) Senior military leaders, including the Com-

4

mander of United States Transportation Command,

5

have warned that a variety of increasingly advanced

6

capabilities, especially the proliferation of anti-access,

7

area denial (A2/AD) capabilities, have given adver-

8

saries of the United States the ability to challenge the

9

freedom of movement of the United States military in

10

all domains from force deployment to employment to

11

disrupt, delay, or deny operations.

12

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

13 that, to enhance the European Deterrence Initiative and
14 bolster deterrence against Russian aggression, the United
15 States, together with North Atlantic Treaty Organization
16 allies and other European partners, should demonstrate its
17 resolve and ability to meet its commitments under Article
18 V of the North Atlantic Treaty through appropriate mili19 tary exercises with an emphasis on participation of United
20 States forces based in the continental United States and
21 testing strategic and operational logistics and transpor22 tation capabilities.
23

(c) REPORT.—

24

(1) IN

25

GENERAL.—Not

later than March 1, 2018,

the Secretary of Defense shall submit to the congres-

† HR 2810 PAP

1094
1

sional defense committees a report setting forth the

2

following:

3

(A) An analysis of the challenges to the

4

ability of the United States to flow significant

5

forces from the continental United States to the

6

European theater in the event of a major contin-

7

gency.

8

(B) The plans of the Department of Defense,

9

including the conduct of military exercises, to

10

address such challenges.

11

(2) FORM.—The report required by paragraph

12

(1) shall be submitted in unclassified form, but may

13

include a classified annex.

14

SEC. 6214. SENSE OF CONGRESS ON THE EUROPEAN DETER-

15
16

RENCE INITIATIVE.

It is the sense of Congress that—

17

(1) the European Deterrence Initiative will bol-

18

ster efforts to deter further Russian aggression by pro-

19

viding resources to—

20

(A) train and equip the military forces of

21

North Atlantic Treaty Organization (NATO)

22

and non-North Atlantic Treaty Organization

23

partners in order to improve responsiveness, ex-

24

pand expeditionary capability, and strengthen

† HR 2810 PAP

1095
1

combat effectiveness across the spectrum of secu-

2

rity environments;

3

(B) enhance the indications and warning,

4

interoperability, and logistics capabilities of Al-

5

lied and partner military forces to increase their

6

ability to respond to external aggression, defend

7

sovereignty and territorial integrity, and pre-

8

serve regional stability;

9

(C) improve the agility and flexibility of

10

military forces required to address threats across

11

the full spectrum of domains and effectively oper-

12

ate in a wide array of coalition operations

13

across diverse global environments from North

14

Africa and the Middle East to Eastern Europe

15

and the Arctic; and

16

(D) mitigate potential gaps forming in the

17

areas of information warfare, Anti-Access Area

18

Denial, and force projection;

19

(2) investments that support the security and

20

stability of Europe, and that assist European nations

21

in further developing their security capabilities, are

22

in the long-term vital national security interests of

23

the United States; and

24

(3) funds for such efforts should be authorized

25

and appropriated in the base budget of the Depart-

† HR 2810 PAP

1096
1

ment of Defense in order to ensure continued and

2

planned funding to address long-term stability in Eu-

3

rope, reassure the European allies and partners of the

4

United States, and deter further Russian aggression.

5

SEC. 6215. ENHANCEMENT OF UKRAINE SECURITY ASSIST-

6
7

ANCE INITIATIVE.

Section 1250(b) of National Defense Authorization Act

8 for Fiscal Year 2016 (Public Law 114–92; 126 Stat. 1068),
9 as amended by section 1237(b) of the National Defense Au10 thorization Act for Fiscal Year 2017 (Public Law 114–328;
11 130 Stat. 2495), is further amended by adding at the end
12 the following new paragraphs:
13

‘‘(12) Treatment of wounded Ukrainian soldiers

14

in the United States in medical treatment facilities

15

through the Secretarial Designee Program, including

16

transportation, lodging, meals, and other appropriate

17

non-medical support in connection with such treat-

18

ment, and education and training for Ukrainian

19

healthcare specialists such that they can provide con-

20

tinuing care and rehabilitation services for wounded

21

Ukrainian soldiers.

22

‘‘(13) Air defense and coastal defense radars.

23

‘‘(14) Naval mine and counter-mine capabilities.

24

‘‘(15) Littoral-zone and coastal defense vessels.’’.

† HR 2810 PAP

1097
1

SEC. 6216. ASSESSMENT OF THE EXPANDING GLOBAL IN-

2

FLUENCE OF CHINA AND ITS IMPACT ON THE

3

NATIONAL

4

UNITED STATES.

5

SECURITY

INTERESTS

OF

THE

(a) ASSESSMENT.—The Secretary of Defense shall

6 enter into a contract or other agreement with an appro7 priate entity independent of the Department of Defense to
8 conduct an assessment of the foreign military and non-mili9 tary influence of the People’s Republic of China which could
10 affect the regional and global national security and defense
11 interests of the United States.
12

(b) ELEMENTS.—The assessment required by sub-

13 section (a) shall include an evaluation of the following:
14

(1) The expansion by China of military and

15

non-military means of influence in the Indo-Asia-Pa-

16

cific region and globally, including, infrastructure in-

17

vestments, influence campaigns, loans, access to mili-

18

tary equipment, military training, tourism, media,

19

and access to foreign ports and military bases, and

20

whether such means of influence could affect United

21

States national security or defense interests, including

22

operational access.

23

(2) The implications, if any, of such means of

24

influence for the military force posture, access, train-

25

ing, and logistics of the United States and China.

† HR 2810 PAP

1098
1

(3) The United States policy and strategy for

2

mitigating any harmful effects resulting from such

3

means of influence.

4

(4) The resources required to implement the pol-

5

icy and strategy, and the plan to address and miti-

6

gate any gaps in capabilities or resources necessary

7

for the implementation of the policy and strategy.

8

(5) Measures to bolster the roles of allies, part-

9

ners, and other countries to implement the policy and

10
11

strategy.
(6) Any other matters the Secretary considers

12

appropriate.

13

(c) REPORT.—

14

(1) IN

GENERAL.—Not

later than 180 days after

15

the date of the enactment of this Act, the Secretary

16

shall submit to the congressional defense committees a

17

report on the assessment required pursuant to sub-

18

section (a).

19

(2) FORM.—The report required shall be sub-

20

mitted unclassified form, but may contain a classified

21

annex.

22

SEC. 6217. INEFFECTIVENESS OF EXPANSION OF MILITARY-

23

TO-MILITARY ENGAGEMENT WITH THE GOV-

24

ERNMENT OF BURMA.

25

Section 1262 of this Act shall have no force or effect.

† HR 2810 PAP

1099

3

TITLE LXVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

4

SEC. 6601. SENSE OF CONGRESS ON USE OF INTERGOVERN-

5

MENTAL PERSONNEL ACT MOBILITY PRO-

6

GRAM AND DEPARTMENT OF DEFENSE INFOR-

7

MATION TECHNOLOGY EXCHANGE PROGRAM

8

TO OBTAIN PERSONNEL WITH CYBER SKILLS

9

AND ABILITIES FOR THE DEPARTMENT OF

1
2

10
11

DEFENSE.

It is the sense of Congress that—

12

(1) the Department of Defense should fully use

13

the Intergovernmental Personnel Act Mobility Pro-

14

gram (IPAMP) and the Department of Defense Infor-

15

mation Technology Exchange Program (ITEP) to ob-

16

tain cyber personnel across the Government by

17

leveraging cyber capabilities found at the State and

18

local government level and in the private sector in

19

order to meet the needs of the Department for cyberse-

20

curity professionals; and

21

(2) the Department should implement at the ear-

22

liest practicable date a strategy that includes policies

23

and plans to fully use such programs to obtain such

24

personnel for the Department.

† HR 2810 PAP

1100
1

SEC. 6602. SENSE OF CONGRESS ON ESTABLISHING AN

2

AWARD PROGRAM FOR THE CYBER COMMU-

3

NITY OF THE DEPARTMENT OF DEFENSE.

4

It is the sense of Congress that the Secretary of Defense

5 should consider—
6

(1) establishing an award program for employees

7

of the Department of Defense who carry out the cyber

8

missions or functions of the Department of Defense;

9
10
11
12

(2) all award options under law or policy, including compensation, time off, and status awards;
(3) awards based upon operational impact and
meritorious service;

13

(4) providing the largest possible opportunity for

14

such members or employees to earn such rewards

15

without regard to type of position, grade, years of

16

service, experience or past performance;

17

(5) individual and organization rewards; and

18

(6) other factors, as the Secretary considers ap-

19

propriate, that would reward and provide incentive to

20

cyber personnel or organizations.

21

SEC. 6603. REVIEW OF UNITED STATES NUCLEAR AND RADI-

22

OLOGICAL TERRORISM PREVENTION STRAT-

23

EGY.

24

(a) IN GENERAL.—The Secretary of Energy, acting

25 through the Administrator for Nuclear Security, shall enter
26 into an arrangement with the National Academy of
† HR 2810 PAP

1101
1 Sciences to assess and recommend improvements to the
2 strategies of the United States for preventing, countering,
3 and responding to nuclear and radiological terrorism, spe4 cifically terrorism involving the use of nuclear weapons, im5 provised nuclear devices, or radiological dispersal or expo6 sure devices, or the sabotage of nuclear facilities.
7

(b) REVIEW.—The assessment conducted under sub-

8 section (a) shall address the adequacy of the strategies of
9 the United States described in that subsection and identify
10 technical, policy, and resource gaps with respect to—
11

(1) identifying national and international nu-

12

clear and radiological terrorism risks and critical

13

emerging threats;

14

(2) preventing state and non-state actors from

15

acquiring the technologies, materials, and critical ex-

16

pertise needed to mount nuclear or radiological at-

17

tacks;

18
19

(3) countering efforts by state and non-state actors to mount such attacks;

20

(4) responding to nuclear and radiological ter-

21

rorism incidents to attribute their origin and help

22

manage their consequences; and

23

(5) other important matters identified by the

24

National Academy of Sciences that are directly rel-

25

evant to those strategies.

† HR 2810 PAP

1102
1

(c) RECOMMENDATIONS.—The assessment conducted

2 under subsection (a) shall include recommendations to the
3 Secretary of Energy, Congress, and such other Federal enti4 ties as the National Academy of Sciences considers appro5 priate, for preventing, countering, and responding to nu6 clear and radiological terrorism, including recommenda7 tions for—
8

(1) closing technical, policy, or resource gaps;

9

(2) improving cooperation and appropriate inte-

10

gration among Federal entities and Federal, State,

11

and tribal governments;

12

(3) improving cooperation between the United

13

States and other countries and international organi-

14

zations; and

15

(4) other important matters identified by the

16

National Academy of Sciences that are directly rel-

17

evant to the strategies of the United States described

18

in subsection (a).

19

(d) LIAISONS.—The Secretary of Energy, the Secretary

20 of Defense, the Secretary of Homeland Security, the Sec21 retary of State, and the Director of National Intelligence
22 shall appoint appropriate liaisons to the National Academy
23 of Sciences with respect to supporting the timely conduct
24 of the assessment required by subsection (a).

† HR 2810 PAP

1103
1

(e) ACCESS TO MATERIALS.—The Secretary of Energy,

2 the Secretary of Defense, the Secretary of Homeland Secu3 rity, the Secretary of State, and the Director of National
4 Intelligence shall provide access to the National Academy
5 of Sciences to materials relevant to the assessment required
6 by subsection (a).
7

(f) CLEARANCES.—The Secretary of Energy and the

8 Director of National Intelligence shall ensure that appro9 priate members and staff of the National Academy of
10 Sciences have the necessary clearances, obtained in an expe11 dited manner, to conduct the assessment required by sub12 section (a).
13

SEC. 6604. SENSE OF CONGRESS ON NATIONAL SPACE DE-

14
15

FENSE CENTER.

(a) FINDINGS.—Congress makes the following findings:

16

(1) Space is a warfighting domain.

17

(2) Deterrence of adversaries of the United

18

States, preserving the space domain, and defending

19

against threats to space systems requires coordination

20

across the Department of Defense, including the mili-

21

tary departments, and the intelligence community.

22

(b) SENSE

23 that—

† HR 2810 PAP

OF

CONGRESS.—It is the sense of Congress

1104
1

(1) the National Space Defense Center is critical

2

to defending and securing the space domain in order

3

to protect all United States assets in space;

4

(2) integration between the intelligence commu-

5

nity and the Department of Defense within the Na-

6

tional Space Defense Center is essential to detecting,

7

assessing, and reacting to evolving space threats; and

8

(3) the Department of Defense, including the

9

military departments, and the elements of the intel-

10

ligence community should seek ways to bolster inte-

11

gration with respect to space threats through work at

12

the National Space Defense Center.

13

(c) INTELLIGENCE COMMUNITY DEFINED.—In this sec-

14 tion, the term ‘‘intelligence community’’ has the meaning
15 given that term in section 3(4) of the National Security
16 Act of 1947 (50 U.S.C. 3003(4)).
17

SEC. 6605. PROHIBITION ON ESTABLISHMENT OF MILITARY

18

DEPARTMENT OR CORPS SEPARATE FROM OR

19

SUBORDINATE TO THE CURRENT MILITARY

20

DEPARTMENTS.

21

No funds authorized to be appropriated by this Act

22 or otherwise available for fiscal year 2018 for the Depart23 ment of Defense may be used to establish a military depart24 ment or corps separate from or subordinate to the current
25 military departments, including a Space Corps in the De-

† HR 2810 PAP

1105
1 partment of the Air Force, or a similar such corps in any
2 other military department.
3

SEC. 6606. RULE OF CONSTRUCTION ON IRON DOME SHORT-

4

RANGE

5

ISRAELI

6

PROGRAM.

7

ROCKET

DEFENSE

COOPERATIVE

SYSTEM

MISSILE

AND

DEFENSE

Paragraph (2) of section 1651(c) shall have no force

8 or effect.
9

SEC. 6607. REPORT ON INTEGRATION OF MODERNIZATION

10

AND SUSTAINMENT OF NUCLEAR TRIAD.

11

(a) FINDINGS.—Congress makes the following findings:

12

(1) On January 27, 2017, President Donald

13

Trump issued a Presidential Memorandum on Re-

14

building the United States Armed Forces, which em-

15

phasized the need for a ‘‘modern, robust, flexible, re-

16

silient, ready, and appropriately tailored’’ nuclear

17

deterrent.

18

(2) On January 31, 2017, Secretary of Defense

19

James Mattis issued a memorandum entitled ‘‘Imple-

20

mentation Guidance for Budget Directives in the Na-

21

tional Security Presidential Memorandum on Re-

22

building the U.S. Armed Forces’’, which called for

23

‘‘an ambitious reform agenda, which will include hor-

24

izontal integration across DoD components to im-

† HR 2810 PAP

1106
1

prove efficiency and take advantage of economies of

2

scale’’.

3

(b) REPORT REQUIRED.—

4

(1) IN

GENERAL.—Not

later than 120 days after

5

the date of the enactment of this Act, the Under Sec-

6

retary of Defense for Acquisition, Technology, and Lo-

7

gistics (or a successor in the Office of the Secretary

8

of Defense with responsibility for acquisition pro-

9

grams), in coordination with the Secretary of the

10

Navy and the Secretary of the Air Force, shall submit

11

to the congressional defense committees a report on

12

the potential to achieve greater efficiency by inte-

13

grating elements of acquisition programs related to

14

the modernization and sustainment of the nuclear

15

triad.

16
17

(2) ELEMENTS.—The report required by paragraph (1) shall, at a minimum—

18

(A) identify any opportunities for improved

19

efficiency in program management, cost, and

20

schedule to be created by increasing integration,

21

co-location, and commonality between the stra-

22

tegic deterrent programs and their systems, sub-

23

systems, technologies, and engineering processes;

24

and

† HR 2810 PAP

1107
1

(B) identify any risks to program manage-

2

ment, cost, and schedule, as well as mission and

3

capability, created by the opportunities identi-

4

fied under subparagraph (A).

5

(3) FORM.—The report required by paragraph

6

(1) shall be submitted in classified form, but with an

7

unclassified summary.

8

SEC.

6608.

COMPTROLLER

9

GENERAL

OF

THE

UNITED

STATES REPORT ON DEPARTMENT OF DE-

10

FENSE

11

EQUIPMENT OR SERVICES OBTAINED FROM

12

SUPPLIERS CLOSELY LINKED TO A LEADING

13

CYBER-THREAT ACTOR.

14

CRITICAL

TELECOMMUNICATIONS

(a) REPORT REQUIRED.—Not later than 180 days

15 after the date of the enactment of this Act, the Comptroller
16 General of the United States shall submit to the congres17 sional defense committees a report on any critical tele18 communications equipment, technologies, or services ob19 tained or used by the Department of Defense or its contrac20 tors or subcontrators that is—
21

(1) manufactured by a foreign supplier, or a

22

contractor or subcontractor of such supplier, that is

23

closely linked to a leading cyber-threat actor; or

24

(2) from an entity that incorporates or utilizes

25

information technology manufactured by a foreign

† HR 2810 PAP

1108
1

supplier, or a contractor or subcontractor of such sup-

2

plier, that is closely linked to a leading cyber-threat

3

actor.

4

(b) FORM.—The report shall be submitted in unclassi-

5 fied form, but may include a classified annex.
6

(c) DEFINITIONS.—In this section:

7

(1) The term ‘‘leading cyber-threat actor’’ means

8

a country identified as a leading threat actor in

9

cyberspace in the report entitled ‘‘Worldwide Threat

10

Assessment of the US Intelligence Community’’, dated

11

May 11, 2017, and includes the People’s Republic of

12

China, the Islamic Republic of Iran, the Democratic

13

People’s Republic of Korea, and the Russian Federa-

14

tion.

15

(2) The term ‘‘closely linked’’, with respect to a

16

foreign supplier, contractor, or subcontrator and a

17

leading cyber-threat actor, means the foreign supplier,

18

contractor, or subcontractor—

19
20

(A) has ties to the military forces of such
actor;

21
22

(B) has ties to the intelligence services of
such actor;

23

(C) is the beneficiary of significant low in-

24

terest or no-interest loans, loan forgiveness, or

25

other support of such actor; or

† HR 2810 PAP

1109
1
2

(D) is incorporated or headquartered in the
territory of such actor.

5

TITLE LXXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS

6

SEC. 7801. CERTIFICATION RELATED TO CERTAIN ACQUISI-

3
4

7
8

TIONS OR LEASES OF REAL PROPERTY.

Section 2662(a) of title 10, United States Code, is

9 amended—
10

(1) in paragraph (2), by striking the period at

11

the end and inserting the following: ‘‘, as well as the

12

certification described in paragraph (5).’’; and

13
14

(2) by adding at the end the following:
‘‘(5) For purposes of paragraph (2), the certification

15 described in this paragraph with respect to an acquisition
16 or lease of real property is a certification that the Secretary
17 concerned—
18

‘‘(A) evaluated the feasibility of using space in

19

property under the jurisdiction of the Department of

20

Defense to satisfy the purposes of the acquisition or

21

lease; and

22

‘‘(B) determined that—

23

‘‘(i) space in property under the jurisdic-

24

tion of the Department of Defense is not reason-

† HR 2810 PAP

1110
1

ably available to be used to satisfy the purposes

2

of the acquisition or lease;

3

‘‘(ii) acquiring the property or entering

4

into the lease would be more cost-effective than

5

the use of the Department of Defense property; or

6

‘‘(iii) the use of the Department of Defense

7

property would interfere with the ongoing mili-

8

tary mission of the property.’’.

9

SEC. 7802. ENERGY SECURITY FOR MILITARY INSTALLA-

10

TIONS IN EUROPE.

11

(a) FINDINGS.—Congress makes the following findings:

12

(1) United States military installations in Eu-

13

rope are potentially vulnerable to supply disruptions

14

from foreign governments, especially the Government

15

of the Russian Federation, which could use control of

16

energy supplies in a hostile or weaponized manner.

17

(2) The Government of the Russian Federation

18

has previously shown its willingness to aggressively

19

use energy supplies as a weapon to pressure foreign

20

nations, including Ukraine.

21

(b) AUTHORITY.—The Secretary of Defense shall take

22 appropriate measures, to the extent practicable, to—
23

(1) reduce the dependency of all United States

24

military installations in Europe on energy sourced

25

inside Russia; and

† HR 2810 PAP

1111
1

(2) ensure that all United States military instal-

2

lations in Europe are able to sustain operations in

3

the event of a supply disruption.

4

(c) CERTIFICATION REQUIREMENT.—Not later than

5 December 31, 2021, the Secretary of Defense shall certify
6 to the congressional defense committees whether or not every
7 United States military installation in Europe—
8

(1) is dependent to the minimum extent prac-

9

ticable on energy sourced inside the Russian Federa-

10
11

tion; and
(2) has the ability to sustain operations during

12

an energy supply disruption.

13

(d) BRIEFING REQUIREMENT.—Not later than 180

14 days after the date of the enactment of this Act, and every
15 180 days thereafter, the Secretary of Defense shall brief the
16 congressional defense committees on progress in achieving
17 the goals described in subsection (b), including—
18
19
20
21

(1) an assessment of the operational risks of energy supply disruptions;
(2) a description of mitigation measures identified to address such operational risks;

22

(3) an assessment of the feasibility, estimated

23

costs, and schedule of diversified energy solutions; and

† HR 2810 PAP

1112
1

(4) an assessment of the minimum practicable

2

usage of energy sourced inside Russia on United

3

States military installations in Europe.

4

(e) INTERIM REPORT.—Not later than 2 years after

5 the date of the enactment of this Act, the Secretary of De6 fense shall submit to the congressional defense committees
7 and make publicly available an interim report on progress
8 in achieving the goals described in subsection (b), including
9 the assessments described in paragraphs (1) through (4) of
10 subsection (d).
11
12

(f) DEFINITION
SIA.—In

OF

ENERGY SOURCED INSIDE RUS-

this section, the term ‘‘energy sourced inside Rus-

13 sia’’ means energy that is produced, owned, or facilitated
14 by companies that are located in the Russian Federation
15 or owned or controlled by the Government of the Russian
16 Federation.
17

SEC. 7803. LAND CONVEYANCE, MOUNTAIN HOME AIR

18
19

FORCE BASE, IDAHO.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the

20 Air Force may convey to the City of Mountain Home, Idaho
21 (in this section referred to as the ‘‘City’’), all right, title,
22 and interest of the United States in and to a parcel of real
23 property, including improvements thereon, consisting of ap24 proximately 4.25 miles of railroad spur located near Moun-

† HR 2810 PAP

1113
1 tain Home Air Force Base, Idaho, as further described in
2 subsection (c), for the purpose of economic development.
3
4

(b) CONSIDERATION.—
(1) CONSIDERATION

REQUIRED.—As

consider-

5

ation for the land conveyed under subsection (a), the

6

City shall pay to the Secretary an amount equal to

7

the fair market value of the land, as determined by

8

an appraisal approved by the Secretary. The City

9

shall provide an amount that is acceptable to the Sec-

10

retary, whether by cash payment, in-kind consider-

11

ation as described under paragraph (2), or a com-

12

bination thereof.

13

(2) IN-KIND

CONSIDERATION.—In-kind

consider-

14

ation provided by the City under paragraph (1) may

15

include the acquisition, construction, provision, im-

16

provement, maintenance, repair, or restoration (in-

17

cluding environmental restoration), or combination

18

thereof, of any facility or infrastructure under the ju-

19

risdiction of the Secretary.

20

(3)

TREATMENT

OF

CONSIDERATION

RE-

21

CEIVED.—Consideration

22

received by the Secretary under paragraph (1) shall

23

be deposited in the separate fund in the Treasury de-

24

scribed in section 572(a)(1) of title 40, United States

25

Code.

† HR 2810 PAP

in the form of cash payment

1114
1

(c) MAP AND LEGAL DESCRIPTION.—

2

(1) FINALIZING

LEGAL DESCRIPTIONS.—As

soon

3

as practicable after the date of the enactment of this

4

Act, the Secretary of the Air Force shall finalize a

5

map and the legal description of the property to be

6

conveyed under subsection (a).

7

(2) MINOR

ERRORS.—The

Secretary of the Air

8

Force may correct any minor errors in the map or

9

the legal description.

10

(3) AVAILABILITY.—The map and legal descrip-

11

tion shall be on file and available for public inspec-

12

tion.

13

(d) PAYMENT OF COSTS OF CONVEYANCE.—

14

(1) PAYMENT

REQUIRED.—The

Secretary may

15

require the City to cover all costs (except costs for en-

16

vironmental remediation of the property) to be in-

17

curred by the Secretary, or to reimburse the Secretary

18

for costs incurred by the Secretary, to carry out the

19

conveyance under this section, including survey costs,

20

costs for environmental documentation, and any other

21

administrative costs related to the conveyance. If

22

amounts are collected from the City in advance of the

23

Secretary incurring the actual costs, and the amount

24

collected exceeds the costs actually incurred by the

† HR 2810 PAP

1115
1

Secretary to carry out the conveyance, the Secretary

2

shall refund the excess amount to the City.

3

(2) TREATMENT

OF

AMOUNTS

RECEIVED.—

4

Amounts received under paragraph (1) as reimburse-

5

ment for costs incurred by the Secretary to carry out

6

the conveyance under subsection (a) shall be credited

7

to the fund or account that was used to cover the costs

8

incurred by the Secretary in carrying out the convey-

9

ance, or to an appropriate fund or account currently

10

available to the Secretary for the purposes for which

11

the costs were paid. Amounts so credited shall be

12

merged with amounts in such fund or account and

13

shall be available for the same purposes, and subject

14

to the same conditions and limitations, as amounts in

15

such fund or account.

16

(e) USE RESERVATION.—The Secretary may reserve a

17 right to temporarily use, for urgent reasons of national de18 fense and at no cost to the United States, all or a portion
19 of the railroad spur conveyed under subsection (a).
20

(f) ADDITIONAL TERMS

AND

CONDITIONS.—The Sec-

21 retary may require such additional terms and conditions
22 in connection with the conveyance under subsection (a) as
23 the Secretary considers appropriate to protect the interests
24 of the United States.

† HR 2810 PAP

1116
1

SEC. 7804. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR

2

THRESHOLDS APPLICABLE TO UNSPECIFIED

3

MINOR MILITARY CONSTRUCTION AUTHORI-

4

TIES.

5

Section 2805 of title 10, United States Code, is amend-

6 ed by adding at the end the following new subsection:
7
8

‘‘(f) ADJUSTMENT
CATION.—Each

OF

DOLLAR LIMITATIONS

FOR

LO -

fiscal year, the Secretary concerned shall

9 adjust the dollar limitations specified in this section appli10 cable to an unspecified minor military construction project
11 inside the United States to reflect the area construction cost
12 index for military construction projects published by the
13 Department of Defense during the prior fiscal year for the
14 location of the project.’’.

17

TITLE LXXXI—DEPARTMENT OF
ENERGY NATIONAL SECURITY
PROGRAMS

18

SEC. 8101. ALBUQUERQUE COMPLEX UPGRADES CONSTRUC-

15
16

19
20

TION PROJECT.

(a) RULE

OF

CONSTRUCTION.—Subsection (b) is en-

21 acted in coordination with section 3101, to which it relates.
22
23

(b) MODIFICATION
BUQUERQUE

OF

COMPLEX

AUTHORITY TO CARRY OUT ALUPGRADES

CONSTRUCTION

24 PROJECT.—
25
26

(1) IN

GENERAL.—The

Administrator for Nu-

clear Security may enter into an incrementally fund† HR 2810 PAP

1117
1

ed contract for Project 16–D–515, the Albuquerque

2

Complex upgrades construction project, Albuquerque,

3

New Mexico.

4

(2) LIMITATION.—The total cost for the Albu-

5

querque Complex upgrades construction project may

6

not exceed $174,700,000.

7

(3) FUNDING

OF INCREMENTS.—

8

(A) INCREMENT 1.—The amount authorized

9

to be appropriated by section 3101 of the Na-

10

tional Defense Authorization Act for Fiscal Year

11

2017 (Public Law 114–328; 130 Stat. 2754) for

12

fiscal year 2017 and available for Project 16–D–

13

515 as specified in the funding table in section

14

4701 of that Act (Public Law 114–328; 130 Stat.

15

2890) shall be deemed to be an amount author-

16

ized to be appropriated for increment 1 of the

17

Albuquerque

18

project.

Complex

upgrades

construction

19

(B) INCREMENT 2.—The amount authorized

20

to be appropriated by this section for fiscal year

21

2018 and available for Project 16–D–515 as

22

specified in the funding table in section 4701 of

23

this Act shall be available for increment 2 of the

24

Albuquerque

25

project.

† HR 2810 PAP

Complex

upgrades

construction

1118

3

TITLE
LXXXII—DEFENSE
NUCLEAR FACILITIES SAFETY
BOARD

4

SEC. 8201. AUTHORIZATION.

1
2

5

(a) RULE OF CONSTRUCTION.—Subsections (b) and (c)

6 are enacted in coordination with section 3201, to which
7 they relate.
8
9

(b) CERTIFICATION
QUESTS.—Not

OF

SUFFICIENCY

OF

BUDGET RE-

later than 10 days after the date on which

10 the budget of the President for a fiscal year is submitted
11 to Congress pursuant to section 1105(a) of title 31, United
12 States Code, the Defense Nuclear Facilities Safety Board
13 shall submit to the congressional defense committees a let14 ter—
15

(1) certifying that the requested budget is suffi-

16

cient for the conduct of the safety reviews that the

17

Board intends to conduct in that fiscal year; or

18

(2) if the Board is unable to make the certifi-

19

cation described in paragraph (1), including a list of

20

such reviews and the estimated level of additional

21

funding required to conduct such reviews.

22

(c) SENSE

OF

CONGRESS.—It is the sense of Congress

23 that—
24

(1) the Defense Nuclear Facilities Safety Board

25

was chartered by Congress with an important mission
† HR 2810 PAP

1119
1

to provide independent recommendations and advice

2

to the President and the Secretary of Energy to pro-

3

tect public health and employee safety at defense nu-

4

clear facilities of the Department of Energy;

5

(2) the role of the Board has necessarily evolved

6

as the mission of the Department has changed over

7

time, but the Board will continue to be vitally impor-

8

tant as the Department continues major efforts to

9

modernize the nuclear weapons stockpile and update

10

its infrastructure in the 21st century; and

11

(3) any significant change to the Board and its

12

mission can only be considered by the Board as a

13

whole with oversight by Congress and requires legisla-

14

tive changes approved by Congress.

15
16
17
18
19

DIVISION F—FURTHER
ADDITIONAL PROVISIONS
TITLE CI—PROCUREMENT
SEC. 10101. INTERIM COMBAT SERVICE RIFLE.

(a) ACQUISITION AUTHORITY.—The Secretary of the

20 Army is authorized to expedite acquiring a commercially
21 available off-the-shelf item, non-developmental item, or Gov22 ernment-off-the-shelf materiel solution for an Interim Com23 bat Service Rifle for purposes of defeating the evolving
24 threat that has placed the United States Armed Forces at
25 increased risk.

† HR 2810 PAP

1120
1
2

(b) ACCELERATION OF RELATED PROGRAMS.—
(1) IN

GENERAL.—To

ensure a complete capa-

3

bility is fielded simultaneously with the acquisition

4

program authorized under subsection (a), the Sec-

5

retary is also authorized to use funding under the

6

program to accelerate by one year the Squad Des-

7

ignated Marksman Rifle program and by two years

8

the Advanced Armor Piercing ammunition program.

9

(2) RULE

OF CONSTRUCTION.—The

authority

10

under this subsection does not supersede the require-

11

ment to develop a Next Generation Squad Weapon.

14

TITLE CII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

15

SEC. 10201. SUPPORT FOR NATIONAL SECURITY INNOVA-

12
13

16
17

TION AND ENTREPRENEURIAL EDUCATION.

(a) FINDINGS.—Congress finds the following:

18

(1) The ability of the Department of Defense to

19

respond to national security challenges would benefit

20

by increased workforce exposure to, and under-

21

standing of, modern problem-solving techniques and

22

innovative methodologies.

23

(2) Presenting national security problems to uni-

24

versities and education centers will increase diverse

25

stakeholder participation in the rapid development of

† HR 2810 PAP

1121
1

solutions to national security challenges and improve

2

Department of Defense recruitment of young tech-

3

nologists and engineers with critical skill sets, includ-

4

ing cyber capabilities.

5

(3) National security innovation and entrepre-

6

neurial education would provide a unique pathway

7

for veterans, Federal employees, and military per-

8

sonnel to leverage their training, experience, and ex-

9

pertise to solve emerging national security challenges

10

while learning cutting-edge business innovation meth-

11

odologies.

12

(4) The benefits to be derived from supporting

13

national security innovation and entrepreneurial

14

education programs include—

15

(A) enabling veterans and members of the

16

Armed Forces to apply their battlefield knowl-

17

edge in a team environment to develop innova-

18

tive solutions to some of the United States’ most

19

challenging national security problems;

20

(B) encouraging students, university fac-

21

ulty, veterans, and other technologists and engi-

22

neers to develop new and vital skill sets to solve

23

real-world national security challenges while in-

24

troducing them to public service opportunities;

25

and

† HR 2810 PAP

1122
1

(C) providing an alternative pathway for

2

the Department of Defense to achieve critical

3

agency objectives, such as acquisition reform and

4

the rapid deployment of new and essential capa-

5

bilities to America’s warfighters.

6
7

(b) SUPPORT AUTHORIZED.—
(1) IN

GENERAL.—The

Secretary of Defense may,

8

acting through the Under Secretary of Defense for Re-

9

search and Engineering, support national security in-

10
11
12

novation and entrepreneurial education programs.
(2) ELEMENTS.—Support under paragraph (1)
may include the following:

13

(A) Materials to recruit participants, in-

14

cluding veterans, for programs described in

15

paragraph (1).

16

(B) Model curriculum for such programs.

17

(C) Training materials for such programs.

18

(D) Best practices for the conduct of such

19

programs.

20

(E) Experimental learning opportunities

21

for program participants to interact with oper-

22

ational forces and better understand national se-

23

curity challenges.

† HR 2810 PAP

1123
1

(F) Exchanges and partnerships with De-

2

partment of Defense science and technology ac-

3

tivities.

4

(G) Activities consistent with the Proof of

5

Concept Commercialization Pilot Program estab-

6

lished under section 1603 of the National Defense

7

Authorization Act for Fiscal Year 2014 (Public

8

Law 113–66; 10 U.S.C. 2359 note).

9

(c) CONSULTATION.—In carrying out subsection (b),

10 the Secretary may consult with the heads of such Federal
11 agencies, universities, and public and private entities en12 gaged in the development of advanced technologies as the
13 Secretary determines to be appropriate.
14

(d) AUTHORITIES.—The Secretary may—

15

(1) develop and maintain metrics to assess na-

16

tional security innovation and entrepreneurial edu-

17

cation activities to ensure standards for programs

18

supported under subsection (b) are consistent and

19

being met; and

20

(2) ensure that any recipient of an award under

21

the Small Business Technology Transfer program, the

22

Small Business Innovation Research program, and

23

science and technology programs of the Department of

24

Defense has the option to participate in training

25

under a national security innovation and entrepre-

† HR 2810 PAP

1124
1

neurial education program supported under sub-

2

section (b).

3

(e) PARTICIPATION

4 MEMBERS

OF THE

BY

FEDERAL EMPLOYEES

AND

ARMED FORCES.—The Secretary may

5 encourage Federal employees and members of the Armed
6 Forces to participate in a national security innovation and
7 entrepreneurial education program supported under sub8 section (b) in order to gain exposure to modern innovation
9 and entrepreneurial methodologies.
10

SEC. 10202. INEFFECTIVENESS OF CODIFICATION AND EN-

11

HANCEMENT OF AUTHORITIES TO PROVIDE

12

FUNDS FOR DEFENSE LABORATORIES FOR

13

RESEARCH AND DEVELOPMENT OF TECH-

14

NOLOGIES FOR MILITARY MISSIONS.

15

Section 212 shall have no force or effect.

16

SEC. 10203. CODIFICATION AND ENHANCEMENT OF AU-

17

THORITIES TO PROVIDE FUNDS FOR DE-

18

FENSE LABORATORIES FOR RESEARCH AND

19

DEVELOPMENT OF TECHNOLOGIES FOR MILI-

20

TARY MISSIONS.

21

(a) IN GENERAL.—Chapter 139 of title 10, United

22 States Code, is amended by inserting after section 2362 the
23 following new section:

† HR 2810 PAP

1125
1 ‘‘§ 2363. Mechanisms to provide funds for defense lab2

oratories for research and development of

3

technologies for military missions

4

‘‘(a) MECHANISMS TO PROVIDE FUNDS.—(1) The Sec-

5 retary of Defense, in consultation with the Secretaries of
6 the military departments, shall establish mechanisms under
7 which the director of a defense laboratory may use an
8 amount of funds equal to not less than two percent and
9 not more than four percent of all funds available to the de10 fense laboratory for the following purposes:
11

‘‘(A) To fund innovative basic and applied re-

12

search that is conducted at the defense laboratory and

13

supports military missions.

14

‘‘(B) To fund development programs that sup-

15

port the transition of technologies developed by the de-

16

fense laboratory into operational use.

17

‘‘(C) To fund workforce development activities

18

that improve the capacity of the defense laboratory to

19

recruit and retain personnel with necessary scientific

20

and engineering expertise that support military mis-

21

sions.

22

‘‘(D) To fund the repair or minor military con-

23

struction of the laboratory infrastructure and equip-

24

ment, in accordance with subsection (b).

25

‘‘(2) The mechanisms established under paragraph (1)

26 shall provide that funding shall be used under paragraph
† HR 2810 PAP

1126
1 (1) at the discretion of the director of a defense laboratory
2 in consultation with the science and technology executive
3 of the military department concerned.
4

‘‘(3) After consultation with the science and technology

5 executive of the military department concerned, the director
6 of a defense laboratory may charge customer activities a
7 fixed percentage fee, in addition to normal costs of perform8 ance, in order to obtain funds to carry out activities author9 ized by this subsection. The fixed fee may not exceed four
10 percent of costs.
11

‘‘(b) AVAILABILITY

OF

FUNDS

FOR

INFRASTRUCTURE

12 PROJECTS.—Funds shall be available in accordance with
13 subsection (a)(1)(D) only if—
14

‘‘(1) the Secretary notifies the congressional de-

15

fense committees of the total cost of the project before

16

the date on which the Secretary uses the mechanism

17

under such subsection for such project; and

18
19

‘‘(2) the Secretary ensures that the project complies with the applicable cost limitations in—

20

‘‘(A) section 2805(d) of this title, with re-

21

spect to revitalization and recapitalization

22

projects; and

23
24

‘‘(B) section 2811 of this title, with respect
to repair projects.

† HR 2810 PAP

1127
1

‘‘(c) ANNUAL REPORT

ON

USE

OF

AUTHORITY.—Not

2 later than March 1 of each year, the Secretary of Defense
3 shall submit to the congressional defense committees a re4 port on the use of the authority under subsection (a) during
5 the preceding year.’’.
6

(b) CLERICAL AMENDMENT.—The table of sections at

7 the beginning of chapter 139 of such title is amended by
8 inserting after the item relating to section 2362 the fol9 lowing new item:
‘‘2363. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.’’.

10

(c) CONFORMING AMENDMENTS.—(1) Section 219 of

11 the Duncan Hunter National Defense Authorization Act for
12 Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358
13 note), is hereby repealed.
14

(2) Section 2805(d)(1)(B) of title 10, United States

15 Code, is amended by striking ‘‘under section 219(a) of the
16 Duncan Hunter National Defense Authorization Act for
17 Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358
18 note)’’ and inserting ‘‘section 2363(a) of this title’’.
19

SEC. 10204. ANNUAL REPORT ON UNFUNDED REQUIRE-

20

MENTS FOR LABORATORY MILITARY CON-

21

STRUCTION PROJECTS.

22

The Under Secretary of Defense for Research and En-

23 gineering shall submit to the congressional defense commit24 tees each year, at the time the budget of the President for
† HR 2810 PAP

1128
1 the fiscal year beginning in such year is submitted to Con2 gress under section 1105(a) of title 31, United States Code,
3 a reporting listing unfunded requirements on major and
4 minor military construction projects for Department of De5 fense science and technology laboratories and facilities and
6 test evaluation facilities.
7

SEC. 10205. VERY-LOW PROFILE HARDWARE TO INTERACT

8

WITH THE MOBILE USER OBJECTIVE SYSTEM

9

AND OTHER SYSTEMS.

10

(a) ADDITIONAL FUNDING.—The amount authorized to

11 be appropriated for fiscal year 2018 by section 201 for re12 search, development, test, and evaluation is hereby in13 creased by $8,000,000, with the amount of the increase to
14 be available for the Joint Tactical Information Distribution
15 System (PE 0604771D8Z).
16

(b) AVAILABILITY.—The amount available under sub-

17 section (a) shall be available for the Secretary of Defense
18 to study and demonstrate very-low profile hardware, such
19 as antennas and chipsets, with software, encryption, and
20 cyber and network management tools necessary to interact
21 with the Mobile User Objective System (MUOS) and other
22 systems that are considered part of the Internet of things
23 to provide command, control, communications, and cyber
24 restoral capabilities.

† HR 2810 PAP

1129
1

(c) OFFSET.—The amount authorized to be appro-

2 priated for fiscal year 2018 by section 301 for operation
3 and maintenance is hereby decreased by $8,000,000, with
4 the amount of the decrease to be applied as an increase to
5 the reduction from fuel savings in the funding table in sec6 tion 4301.

8

TITLE CIII—OPERATION AND
MAINTENANCE

9

SEC. 10301. REPORT ON RELEASE OF RADIUM OR RADIO-

10

ACTIVE MATERIAL INTO THE GROUNDWATER

11

NEAR THE INDUSTRIAL RESERVE PLANT IN

12

BETHPAGE, NEW YORK.

7

13

Not later than 120 days after the date of the enactment

14 of this Act, the Secretary of Defense shall submit to Congress
15 an addendum to the report submitted to Congress in June
16 2017 entitled ‘‘2017 Annual Report For Groundwater Im17 pacts at Naval Weapons Industrial Reserve Plant Bethpage,
18 New York’’ that would detail any releases by the Depart19 ment of Defense of radium or radioactive material into the
20 groundwater within a 75-mile radius of the industrial re21 serve plant in Bethpage, New York.
22

SEC. 10302. SENSE ON CONGRESS ON THE SMALL TURBINE

23
24

ENGINE INDUSTRIAL BASE.

(a) FINDINGS.—Congress makes the following findings:

† HR 2810 PAP

1130
1

(1) The United States small turbine engine in-

2

dustry has been innovating, developing, producing,

3

and sustaining small gas turbine engines in a com-

4

petitive market for more than 75 years.

5

(2) The United States small turbine engine in-

6

dustrial base has made the United States the knowl-

7

edge leader in low cost, no maintenance engine de-

8

signs with unmatched field reliability.

9

(3) The United States small turbine engine in-

10

dustrial base is at a critical juncture, as military re-

11

quirements have tapered and missile programs, in

12

misguided attempts to save money, are narrowing

13

production contracts to a single vendor causing two

14

of the three existing small turbine engine manufactur-

15

ers to go out of business.

16

(4) The departure of these companies from the

17

United States small turbine engine industry will

18

leave only one viable, proven source for small turbine

19

engines for the Department of Defense.

20

(5) In 2016, a number of engine failures were

21

encountered that severely diminished the throughput

22

of the F107–WR–101 engine maintenance process for

23

the AGM–86 Air Launched Cruise Missile (ALCM),

24

thereby putting the weapon system at major readiness

25

risk.

† HR 2810 PAP

1131
1

(6) The narrowing of the United States small

2

turbine engine industrial base would leave the De-

3

partment with a sole source United States supplier

4

resulting in a loss of manufacturing and testing ca-

5

pability that would be extremely detrimental to both

6

the United States industrial base and national secu-

7

rity by creating a single point of failure, increasing

8

engine procurement and testing prices by eliminating

9

competition, raising new engine development and air

10

vehicle program risk, and eliminating capabilities

11

and expertise that would require decades and millions

12

of dollars to reconstitute.

13

(b) SENSE

OF

CONGRESS.—It is the sense of the Con-

14 gress that the Department of Defense should—
15

(1) allocate sufficient funding to properly sus-

16

tain the F107 turbine engine in order to ensure this

17

vital weapon is viable until a replacement is fielded;

18

and

19

(2) contract with multiple, capable engine manu-

20

facturers to stabilize and revitalize the United States

21

small turbine engine industrial base.

† HR 2810 PAP

1132
1

SEC. 10303. REPORT ON OPTIMIZATION OF TRAINING IN

2

AND MANAGEMENT OF SPECIAL USE AIR-

3

SPACE.

4

(a) IN GENERAL.—Not later than 120 days after the

5 date of the enactment of this Act, the Director of the Bases,
6 Ranges, and Airspace Directorate of the Air Force shall,
7 in consultation with the Administrator of the Federal Avia8 tion Administration, submit to Congress a report on opti9 mization of training in and management of special use air10 space that includes the following:
11
12

(1) Best practices for the management of special
use airspace including such practices that—

13
14

(A) result in cost savings relating to training;

15
16

(B) increase training opportunities for airmen;

17

(C) increase joint use of such airspace;

18

(D) improve coordination with respect to

19

such airspace with—

20

(i) the Federal Aviation Administra-

21

tion;

22

(ii) Indian tribes; and

23

(iii) private landowners and other

24

stakeholders; or

† HR 2810 PAP

1133
1

(E) improve the coordination of large force

2

exercises, including the use of waivers or other

3

exceptional measures.

4

(2) An assessment of whether the capacity of

5

ranges, including limitations on flight operations, is

6

adequate to meet current and future training needs.

7

(3) An assessment of whether the establishment of

8

a dedicated squadron for the purpose of coordinating

9

the use of a special use airspace at the installation lo-

10

cated in that airspace would improve the achievement

11

of the objectives described in subparagraphs (A)

12

through (E) of paragraph (1).

13

(4) Recommendations for improving the manage-

14

ment and utilization of special use airspace to meet

15

the objectives described in subparagraphs (A) through

16

(E) of paragraph (1) and to address any gaps in ca-

17

pacity identified under paragraph (2).

18

(b) SPECIAL USE AIRSPACE DEFINED.—In this sec-

19 tion, the term ‘‘special use airspace’’ means special use air20 space designated under part 73 of title 14, Code of Federal
21 Regulations.

† HR 2810 PAP

1134
1

SEC. 10304. CENTERS FOR DISEASE CONTROL STUDY ON

2

HEALTH

3

POLYFLUOROALKYL SUBSTANCES CONTAMI-

4

NATION IN DRINKING WATER.

5

(a) RULE

OF

IMPLICATIONS

OF

PER-

AND

CONSTRUCTION.—This section is enacted

6 in coordination with section 343.
7
8

(b) EXPOSURE ASSESSMENT.—
(1) IN

GENERAL.—The

Secretary of Health and

9

Human Services, acting through the Centers for Dis-

10

ease Control and Prevention and the Agency for Toxic

11

Substances and Disease Registry and in consultation

12

with the Department of Defense, shall conduct an ex-

13

posure assessment of no less than 8 current or former

14

domestic military installations known to have per-

15

and polyfluoroalkyl substances (PFAS) contamina-

16

tion in drinking water, ground water, and any other

17

sources of water and relevant exposure vectors.

18
19

(2) CONTENTS.—The exposure assessment required under this subsection shall—

20

(A) include—

21

(i) for each military installation cov-

22

ered under the exposure assessment, a statis-

23

tical sample to be determined by the Sec-

24

retary of Health and Human Services in

25

consultation with the relevant State health

26

departments; and
† HR 2810 PAP

1135
1

(ii) bio-monitoring for assessing the

2

contamination described in paragraph (1);

3

and

4

(B) produce findings, which shall be—

5

(i) used to help design the study de-

6

scribed in 343(a)(1); and

7

(ii) released to the appropriate con-

8

gressional committees not later than 1 year

9

after the conclusion of such exposure assess-

10

ment.

11

(3) TIMING.—The exposure assessment required

12

under this subsection shall—

13

(A) begin not later than 180 days after the

14

date of enactment of this Act; and

15

(B) conclude not later than 2 years after

16

such date of enactment.

18

TITLE CV—MILITARY
PERSONNEL POLICY

19

SEC. 10501. FLEXIBILITY IN PROMOTION OF DEPUTY JUDGE

17

20

ADVOCATE GENERAL OF THE AIR FORCE.

21

(a) RULE

OF

CONSTRUCTION.—This section is enacted

22 in coordination with section 504.
23

(b) DEPUTY JUDGE ADVOCATE

OF THE

AIR FORCE.—

24 Section 8037(e) of title 10, United States Code,, is amend25 ed—

† HR 2810 PAP

1136
1

(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and

2

(2) by adding at the end the following new para-

3

graph:

4

‘‘(2) If the Secretary of the Air Force elects to convene

5 a selection board under section 611(a) of this title to con6 sider eligible officers for selection to appointment as Deputy
7 Judge Advocate General, the Secretary may, in connection
8 with such consideration for selection—
9

‘‘(A) treat any section in chapter 36 of this title

10

referring to promotion to the next higher grade as if

11

such section referred to promotion to a higher grade;

12

and

13

‘‘(B) waive section 619(a)(2) of this title if the

14

Secretary determines that the needs of the Air Force

15

require the waiver.’’.

16

SEC. 10502. INEFFECTIVENESS OF PILOT PROGRAM ON IN-

17

TEGRATION OF DEPARTMENT OF DEFENSE

18

AND NON-FEDERAL EFFORTS FOR CIVILIAN

19

EMPLOYMENT OF MEMBERS OF THE ARMED

20

FORCES FOLLOWING TRANSITION FROM AC-

21

TIVE DUTY TO CIVILIAN LIFE.

22

Section 546 shall have no force or effect.

† HR 2810 PAP

1137
1

SEC. 10503. PILOT PROGRAM ON INTEGRATION OF DEPART-

2

MENT OF DEFENSE AND NON-FEDERAL EF-

3

FORTS FOR CIVILIAN EMPLOYMENT OF MEM-

4

BERS OF THE ARMED FORCES FOLLOWING

5

TRANSITION FROM ACTIVE DUTY TO CIVILIAN

6

LIFE.

7
8

(a) PILOT PROGRAM REQUIRED.—
(1) IN

GENERAL.—The

Secretary of Defense shall

9

conduct a pilot program to assess the feasability and

10

advisability of assisting members of the Armed Forces

11

described in subsection (c) who are undergoing the

12

transition from active duty in the Armed Forces to

13

civilian life by accelerating and improving their ac-

14

cess to employment following their transition to civil-

15

ian life through the coordination, integration, and

16

leveraging of existing programs and authorities of the

17

Department of Defense for such purposes with pro-

18

grams and resources of State and local agencies, in-

19

stitutions of higher education, employers, and other

20

public, private, and nonprofit entities applicable to

21

the pilot program.

22

(2) EXISTING

COMMUNITY PROGRAMS AND RE-

23

SOURCES.—For

24

grams and resources of State and local agencies, in-

25

stitutions of higher education, employers, and other

26

public, private, and nonprofit entities described in
† HR 2810 PAP

purposes of this section, existing pro-

1138
1

paragraph (1) in the vicinity of a location of the

2

pilot program are referred to as the ‘‘existing commu-

3

nity programs and resources’’ in that vicinity.

4

(b) GOALS.—The goals of the pilot program shall be

5 as follows:
6

(1) To facilitate the coordination of existing

7

community programs and resources in the locations of

8

the pilot program in order to identify a model for the

9

coordination of such programs and authorities that

10

can be replicated nationwide in communities in

11

which members of the Armed Forces described in sub-

12

section (c) are undergoing the transition from active

13

duty to civilian life.

14

(2) To identify mechanisms by which the De-

15

partment of Defense and existing community pro-

16

grams and resources may work with employers and

17

members of the Armed Forces described in subsection

18

(c) in order to—

19

(A) identify workforce needs that may be

20

fulfilled by such members following their transi-

21

tion to civilian life;

22

(B) identify military occupational skills

23

that may satisfy the workforce needs identified

24

pursuant to subparagraph (A); and

† HR 2810 PAP

1139
1

(C) identify gaps in the available pre-em-

2

ployment testing and training of members of the

3

Armed Forces that may require remediation in

4

order to satisfy workforce needs identified pursu-

5

ant to subparagraph (A), and identify mecha-

6

nisms by which members of the Armed Forces de-

7

scribed in subsection (c) may receive testing or

8

training to remediate such gaps.

9

(3) To identify mechanisms to assist members of

10

the Armed Forces described in subsection (c) in bridg-

11

ing geographical gaps between their final military in-

12

stallations and nearby metropolitan areas in which

13

employment and necessary training are likely to be

14

available to such members during or following their

15

transition to civilian life.

16

(4) To provide workforce training, in coordina-

17

tion with junior, community or technical colleges in

18

the vicinity of the locations of the pilot program, pri-

19

vate industry, and nonprofit organizations, for mem-

20

bers of the Armed Forces participating in the pilot

21

program to transition to jobs in the clean energy in-

22

dustry, including cyber and grid security, natural

23

gas, solar, wind, and geothermal fields.

24

(c) COVERED MEMBERS.—The members of the Armed

25 Forces described in this subsection are the following:

† HR 2810 PAP

1140
1

(1) Regular members of the Armed Forces who

2

are within 180 days of discharge or release from the

3

Armed Forces.

4

(2) Members of the reserve components of the

5

Armed Forces (whether National Guard or Reserve)

6

who are on active duty for a period of more than 365

7

days and are within 180 days of release from such ac-

8

tive duty.

9

(d) LOCATIONS.—

10

(1) IN

GENERAL.—The

Secretary shall carry out

11

the pilot program at not less than five locations se-

12

lected by the Secretary for purposes of the pilot pro-

13

gram.

14
15

(2) SELECTION

REQUIREMENTS.—Each

location

selected pursuant to paragraph (1) shall—

16

(A) include a military installation—

17

(i) that has a well-established military-

18

civilian community relationship with the

19

civilian communities nearby; and

20

(ii) at which serves an appropriate

21

population of members of the Armed Forces

22

described in subsection (c);

23

(B) have a large employment or industry

24

base that supports a variety of occupational op-

25

portunities;

† HR 2810 PAP

1141
1

(C) have appropriate institutional infra-

2

structure for the provision of worker training;

3

and

4
5
6

(D) take place in a different geographic region of the United States.
(e) ELEMENTS.—At each location selected for the pilot

7 program there shall be the following:
8

(1) A mechanism to identify existing community

9

programs and resources for participation in the pilot

10

program, including programs and resources that are

11

currently working with programs and authorities of

12

the Department of Defense to assist members of the

13

Armed Forces described in subsection (c), and, espe-

14

cially, programs and resources that are recognized as

15

engaging in best practices in working with such pro-

16

grams and authorities of the Department.

17

(2) A mechanism to assess the willingness of em-

18

ployers in the vicinity of such location to participate

19

in the pilot program and employ members of the

20

Armed Forces participating in the pilot program fol-

21

lowing their transition to civilian life.

22

(3) A mechanism to assess the willingness of the

23

State in which such location is located to recognize

24

military training for credit for professional and occu-

25

pational licenses.

† HR 2810 PAP

1142
1

(4) A civilian community coordinator for the

2

pilot program, who shall be responsible for implemen-

3

tation and execution of the pilot program for the De-

4

partment, and for coordinating existing community

5

programs and resources, at such location by—

6

(A) pursuing a multi-faceted outreach and

7

engagement strategy that leverages relationships

8

with appropriate public, private, and nonprofit

9

entities in the vicinity of such location for pur-

10

poses of the pilot program;

11

(B) developing and implementing a pro-

12

gram using existing public and private re-

13

sources, infrastructure, and experience to maxi-

14

mize the benefits of the pilot program for mem-

15

bers of the Armed Forces participating in the

16

pilot program by minimizing the time required

17

for completion of training provided to such mem-

18

bers under the pilot program, which program

19

shall—

20

(i) compliment continuing Department

21

efforts to assist members of the Armed

22

Forces in their transition from active duty

23

in the Armed Forces to civilian life and to

24

coordinate with existing veteran employ-

25

ment programs for purposes of such efforts;

† HR 2810 PAP

1143
1

(ii) provide for the cultivation of a net-

2

work of partners among the entities de-

3

scribed in subparagraph (A) in order to

4

maximize the number of opportunities for

5

civilian employment for members of the

6

Armed Forces participating in the pilot

7

program following their transition to civil-

8

ian life;

9

(iii) provide for the use of comprehen-

10

sive assessments of the military experience

11

gained by members of the Armed Forces

12

participating in the pilot program in order

13

to assist them in obtaining civilian employ-

14

ment relating to their military occupations

15

following their transition to civilian life,

16

and to determine the pre-employment test-

17

ing that could be readily added to veterans

18

workforce training programs to assist in

19

that effort;

20

(iv) seek to secure for members of the

21

Armed Forces participating in the pilot

22

program maximum credit for prior mili-

23

tary service in their pursuit of civilian em-

24

ployment following their transition to civil-

25

ian life;

† HR 2810 PAP

1144
1

(v) seek to eliminate unnecessary and

2

redundant elements of the training provided

3

for purposes of the pilot program to mem-

4

bers of the Armed Forces participating in

5

the pilot program;

6

(vi) seek to minimize the time required

7

for members of the Armed Forces partici-

8

pating in the pilot program in obtaining

9

skills, credentials, pre-employment testing,

10

or certifications required for civilian em-

11

ployment following their transition to civil-

12

ian life; and

13

(vii) provide for the continuous collec-

14

tion of data and feedback from employers in

15

the vicinity of such location in order to tai-

16

lor training provided to members of the

17

Armed Forces for purposes of the pilot pro-

18

gram to meet the needs of such employers.

19

(5) A plan of action for delivering additional

20

training and credentialing modules for members of

21

the Armed Forces described in subsection (c) in order

22

to seek to provide such members with skills that are

23

in high demand in the vicinity and region of such lo-

24

cation.

25

(f) REPORTS.—

† HR 2810 PAP

1145
1

(1) INITIAL

REPORT.—Not

later than one year

2

after the date of the commencement of the pilot pro-

3

gram, the Secretary shall submit to the Committees

4

on Armed Services of the Senate and the House of

5

Representatives a report on the pilot program. The re-

6

port shall include, for each location selected for the

7

pilot program pursuant to subsection (d), the fol-

8

lowing:

9
10

(A) A full description of the pilot program,
including—

11

(i) the number of members of the

12

Armed Forces participating in the pilot

13

program;

14

(ii) the outreach to public, private, and

15

nonprofit entities conducted for purposes of

16

the pilot program to encourage such entities

17

to participate in the pilot program;

18

(iii) the entities participating in the

19

pilot program, set forth by employment sec-

20

tor;

21

(iv) the number of members partici-

22

pating in the pilot program who obtained

23

employment with an entity participating in

24

the pilot program, set forth by employment

25

sector;

† HR 2810 PAP

1146
1

(v) a description of any additional

2

training or pre-employment testing pro-

3

vided to members participating in the pilot

4

program for purposes of the pilot program,

5

including the amount of time required for

6

such additional training or testing; and

7

(vi) a description of the cost of the

8

pilot program, including any cost borne by

9

private entities.

10

(B) A current assessment of the effect of the

11

pilot program on Department of Defense and

12

community efforts to assist members of the

13

Armed Forces described in subsection (c) in ob-

14

taining civilian employment following their

15

transition to civilian life.

16

(2) FINAL

REPORT.—Not

later than 90 days be-

17

fore the date on which the pilot program terminates,

18

the Secretary shall submit to the Committees on

19

Armed Services of the Senate and the House of Rep-

20

resentatives an update of the report submitted under

21

paragraph (1).

22

(g) CONSTRUCTION.—Nothing in this section may be

23 construed to authorize the Secretary to hire additional em24 ployees for the Department of Defense to carry out the pilot
25 program.

† HR 2810 PAP

1147
1

(h) TERMINATION.—The authority of the Secretary to

2 carry out the pilot program shall terminate on the date that
3 is two years after the date on which the pilot program com4 mences.

6

TITLE CVI—COMPENSATION AND
OTHER PERSONNEL BENEFITS

7

SEC. 10601. SENSE OF SENATE ON THE USE BY EXCHANGE

5

8

STORES

9

PLIERS.

10

OF

SMALL

BUSINESSES

AS

SUP-

(a) FINDINGS.—The Senate makes the following find-

11 ings:
12

(1) Exchange stores, as non-appropriated fund

13

instrumentalities of the Department of Defense, are

14

not required to give any preference to particular ven-

15

dors or suppliers.

16

(2) Even so, exchange stores are uniquely posi-

17

tioned to feature products from small businesses, espe-

18

cially veteran-owned small businesses.

19

(b) SENSE

OF

SENATE.—It is the sense of the Senate

20 to urge the Department to work with the military exchange
21 services to develop strategies for featuring products of small
22 businesses, particularly products of veteran-owned small
23 businesses, in military exchange stores.

† HR 2810 PAP

1148
1

SEC. 10602. GARNISHMENT TO SATISFY JUDGMENT REN-

2

DERED FOR PHYSICALLY, SEXUALLY, OR EMO-

3

TIONALLY ABUSING A CHILD.

4

(a) GARNISHMENT AUTHORITY.—Section 1408 of title

5 10, United States Code, is amended by adding at the end
6 the following new subsection:
7
8

‘‘(l) GARNISHMENT TO SATISFY
DERED FOR

PHYSICALLY, SEXUALLY,

A

JUDGMENT RENOR

EMOTIONALLY

9 ABUSING A CHILD.—(1) Subject to paragraph (2), any pay10 ment of retired pay that would otherwise be made to a mem11 ber shall be paid (in whole or in part) by the Secretary
12 concerned to another person if and to the extent expressly
13 provided for in the terms of a child abuse garnishment
14 order.
15

‘‘(2) A court order providing for the payment of child

16 support or alimony or, with respect to a division of prop17 erty, specifically providing for the payment of an amount
18 of the disposable retired pay from a member to the spouse
19 or a former spouse of the member, shall be given priority
20 over a child abuse garnishment order. The total amount of
21 the disposable retired pay of a member payable under a
22 child abuse garnishment order shall not exceed 25 percent
23 of the member’s disposable retired pay.
24

‘‘(3) In this subsection, the term ‘court order’ includes

25 a child abuse garnishment order.

† HR 2810 PAP

1149
1

‘‘(4) In this subsection, the term ‘child abuse garnish-

2 ment order’ means a final decree issued by a court that—
3
4

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

5

‘‘(B) provides in the nature of garnishment for

6

the enforcement of a judgment rendered against the

7

member for physically, sexually, or emotionally abus-

8

ing a child.

9

‘‘(5) For purposes of this subsection, a judgment ren-

10 dered for physically, sexually, or emotionally abusing a
11 child is any legal claim perfected through a final enforceable
12 judgment, which claim is based in whole or in part upon
13 the physical, sexual, or emotional abuse of an individual
14 under 18 years of age, whether or not that abuse is accom15 panied by other actionable wrongdoing, such as sexual ex16 ploitation or gross negligence.
17

‘‘(6) If the Secretary concerned is served with more

18 than one court order with respect to the retired pay of a
19 member, the disposable retired pay of the member shall be
20 available to satisfy such court orders on a first-come, first21 served basis, subject to the order of precedence specified in
22 paragraph (2), with any such process being satisfied out
23 of such monies as remain after the satisfaction of all such
24 processes which have been previously served.

† HR 2810 PAP

1150
1

‘‘(7) The Secretary concerned shall not be required to

2 vary normal pay and disbursement cycles for retired pay
3 in order to comply with a child abuse garnishment order.’’.
4

(b) APPLICATION

OF

AMENDMENT.—Subsection (l) of

5 section 1408 of title 10, United States Code, as added by
6 subsection (a), shall apply with respect to a court order re7 ceived by the Secretary concerned on or after the date of
8 the enactment of this Act, regardless of the date of the court
9 order.
10

SEC. 10603. ELEMENT IN NEXT QUADRENNIAL REVIEW OF

11

MILITARY

12

SIGNED BY MEMBERS OF THE ARMED FORCES

13

TO VARIOUS ASPECTS OF MILITARY COM-

14

PENSATION.

15

COMPENSATION

ON

VALUE

AS-

(a) IN GENERAL.—The President shall ensure that the

16 first quadrennial review of the principals and concepts of
17 the compensation system for members of the uniformed serv18 ices under section 1008(b) of title 37, United States Code,
19 after the date of the enactment of this Act includes a review
20 of the comparative value members of the Armed Forces as21 sign to various aspects of military compensation, including
22 immediate and deferred cash compensation and in-kind
23 compensation.
24

(b) SURVEYS.—The review required by subsection (a)

25 shall be based on an analysis of one or more surveys, con-

† HR 2810 PAP

1151
1 ducted for purposes of the review, of representative popu2 lations of members of the Armed Forces, including regular
3 members of the Armed Forces and members of the reserve
4 components of the Armed Forces.
5

(c) INCLUSION

IN

REPORT.—The President shall in-

6 clude the results of the review required by subsection (a)
7 in the first report submitted to Congress pursuant to section
8 1008(b) of title 37, after the date of the enactment of this
9 Act.

11

TITLE CVII—HEALTH CARE
PROVISIONS

12

SEC. 10701. REQUIREMENT FOR REIMBURSEMENT BY DE-

13

PARTMENT OF DEFENSE TO ENTITIES CAR-

14

RYING OUT STATE VACCINATION PROGRAMS

15

FOR COSTS OF VACCINES PROVIDED TO COV-

16

ERED BENEFICIARIES.

10

17

Section 719 of the National Defense Authorization Act

18 for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C.
19 1074g note) is amended—
20

(1) in the section heading, by striking ‘‘AU-

21

THORIZATION OF REIMBURSEMENT’’

22

ing ‘‘REIMBURSEMENT’’; and

23
24

and insert-

(2) in subsection (a)(1), by striking ‘‘may’’ and
inserting ‘‘shall’’.

† HR 2810 PAP

1152
1

SEC. 10702. ELIGIBILITY FOR CERTAIN HEALTH CARE BENE-

2

FITS OF MEMBERS OF THE SELECTED RE-

3

SERVE

4

PREPLANNED MISSIONS IN SUPPORT OF THE

5

COMBATANT COMMANDS.

6

(a)

ORDERED

PRE-MOBILIZATION

TO

ACTIVE

HEALTH

DUTY

FOR

CARE.—Section

7 1074(d)(2) of title 10, United States Code, is amended by
8 striking ‘‘in support of a contingency operation under’’ and
9 inserting ‘‘under section 12304b of this title or’’.
10

(b)

TRANSITIONAL

HEALTH

CARE.—Section

11 1145(a)(2)(B) of such title is amended by striking ‘‘in sup12 port of a contingency operation’’ and inserting ‘‘under sec13 tion 12304b of this title or a provision of law referred to
14 in section 101(a)(13)(B) of this title’’.

18

TITLE CVIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

19

SEC. 10801. RESPONSIBILITIES OF COMMERCIAL MARKET

15
16
17

20
21

REPRESENTATIVES.

Section 4(h) of the Small Business Act (15 U.S.C.

22 633(h)) is amended to read as follows:
23

‘‘(h) COMMERCIAL MARKET REPRESENTATIVES.—

24

‘‘(1) DUTIES.—The principal duties of a com-

25

mercial market representative employed by the Ad-

26

ministrator and reporting to the senior official ap† HR 2810 PAP

1153
1

pointed by the Administrator with responsibilities

2

under sections 8, 15, 31, and 36 (or the designee of

3

the official) shall be to advance the policies established

4

in section 8(d)(1) relating to subcontracting, includ-

5

ing—

6

‘‘(A) helping prime contractors to find

7

small business concerns that are capable of per-

8

forming subcontracts;

9

‘‘(B) for contractors awarded contracts con-

10

taining the clause described in section 8(d)(3),

11

providing—

12

‘‘(i) counseling on the responsibility of

13

the contractor to maximize subcontracting

14

opportunities for small business concerns;

15

‘‘(ii) instruction on methods and tools

16

to identify potential subcontractors that are

17

small business concerns; and

18

‘‘(iii) assistance to increase awards to

19

subcontractors that are small business con-

20

cerns through visits, training, and reviews

21

of past performance;

22

‘‘(C) providing counseling on how a small

23

business concern may promote the capacity of

24

the small business concern to contractors award-

† HR 2810 PAP

1154
1

ed contracts containing the clause described in

2

section 8(d)(3); and

3

‘‘(D) conducting periodic reviews of con-

4

tractors awarded contracts containing the clause

5

described in section 8(d)(3) to assess compliance

6

with subcontracting plans required under section

7

8(d)(6).

8

‘‘(2) CERTIFICATION

9

‘‘(A) IN

REQUIREMENTS.—

GENERAL.—Consistent

with the re-

10

quirements of subparagraph (B), a commercial

11

market representative referred to in section

12

15(q)(3) shall have a Level I Federal Acquisition

13

Certification in Contracting (or any successor

14

certification) or the equivalent Department of

15

Defense certification.

16

‘‘(B) DELAY

OF CERTIFICATION REQUIRE-

17

MENT.—The

18

graph (A) is not required—

certification described in subpara-

19

‘‘(i) for any person serving as a com-

20

mercial market representative on the date of

21

enactment of the National Defense Author-

22

ization Act for Fiscal Year 2018, until the

23

date that is 1 calendar year after the date

24

on which the person was appointed as a

25

commercial market representative; or

† HR 2810 PAP

1155
1

‘‘(ii) for any person serving as a com-

2

mercial market representative on or before

3

November 25, 2015, until November 25,

4

2020.

5

‘‘(3) JOB

POSTING REQUIREMENTS.—The

duties

6

and certification requirements described in this sub-

7

section shall be included in any initial job posting for

8

the position of a commercial market representative.’’.

9
10

SEC. 10802. MODIFICATION TO THE HUBZONE PROGRAM.

Section 3(p)(4)(C) of the Small Business Act (15

11 U.S.C. 632(p)(4)(C)) is amended by striking ‘‘until the
12 later of’’ and all that follows and inserting ‘‘for the 7-year
13 period following the date on which the census tract or non14 metropolitan county ceased to be so qualified.’’.
15
16

SEC. 10803. REPORT ON DEFENSE CONTRACTING FRAUD.

(a) IN GENERAL.—Not later than 180 days after the

17 date of the enactment of this Act, the Secretary of Defense
18 shall submit to the congressional defense committees a re19 port on defense contracting fraud.
20

(b) ELEMENTS.—The report required under subsection

21 (a) shall include the following elements:
22

(1) A summary of fraud-related criminal convic-

23

tions and civil judgements or settlements over the pre-

24

vious five fiscal years.

† HR 2810 PAP

1156
1

(2) A listing of contractors that within the pre-

2

vious five fiscal years performed contracts for the De-

3

partment of Defense and were debarred or suspended

4

from Federal contracting based on a criminal convic-

5

tion for fraud.

6

(3) An assessment of the total value of Depart-

7

ment of Defense contracts entered into during the pre-

8

vious five fiscal years with contractors that have been

9

indicted for, settled charges of, been fined by any Fed-

10

eral department or agency for, or been convicted of

11

fraud in connection with any contract or other trans-

12

action entered into with the Federal Government.

13

(4) Recommendations by the Inspector General

14

of the Department of Defense or other appropriate De-

15

partment of Defense official regarding how to penalize

16

contractors repeatedly involved in fraud in connection

17

with contracts or other transactions entered into with

18

the Federal Government, including an update on im-

19

plementation by the Department of any previous such

20

recommendations.

21

SEC. 10804. GOVERNMENT MICRO-PURCHASE THRESHOLD

22
23

MATTERS.

(a) INCREASE

IN

THRESHOLD.—Section 1902(a)(1) of

24 title 41, United States Code, is amended by striking
25 ‘‘$3,000’’ and inserting ‘‘$10,000’’.

† HR 2810 PAP

1157
1

(b) CONVENIENCE CHECKS.—A convenience check may

2 not be used for an amount in excess of one half of the micro3 purchase threshold under section 1902(a) of title 41, United
4 States Code, or a lower amount set by the head of the agen5 cy. Use of convenience checks shall comply with controls
6 prescribed in Office of Management and Budget Circular
7 A–123, Appendix B.

10

TITLE CIX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT

11

SEC. 10901. REPORT ON IMPLEMENTATION OF REQUIRE-

12

MENTS IN CONNECTION WITH THE ORGANI-

13

ZATION OF THE DEPARTMENT OF DEFENSE

14

FOR MANAGEMENT OF SPECIAL OPERATIONS

15

FORCES AND SPECIAL OPERATIONS.

8
9

16

(a) REPORT REQUIRED.—Not later than 90 days after

17 the date of the enactment of this Act, the Secretary of De18 fense shall submit to the Committees on Armed Services of
19 the Senate and the House of Representatives a report on
20 the implementation of section 922 of the National Defense
21 Authorization Act for Fiscal Year 2017 (Public Law 114–
22 328; 130 Stat. 2354) and the amendments made by that
23 section (in this section collectively referred to as the ‘‘cov24 ered authority’’).

† HR 2810 PAP

1158
1

(b) ELEMENTS.—The report required by subsection (a)

2 shall include the following:
3

(1) A statement of the responsibilities of the As-

4

sistant Secretary of Defense for Special Operations

5

and Low Intensity Conflict that is consistent with the

6

covered authority, including an identification of any

7

responsibilities to be divested by the Assistant Sec-

8

retary pursuant to the covered authority.

9

(2) A resource-unconstrained analysis of man-

10

power requirements necessary to satisfy the respon-

11

sibilities akin to those of the Secretary of a military

12

department that are specified by the covered author-

13

ity.

14

(3) An accounting of civilian, military, and con-

15

tractor personnel currently assigned to the fulfillment

16

of the responsibilities akin to those of the Secretary of

17

a military department that are specified by the cov-

18

ered authority, including responsibilities relating to

19

budget, personnel, programs and requirements, acqui-

20

sition, and special access programs.

21

(4) A description of actions taken to implement

22

the covered authority as of the date of the report, in-

23

cluding the assignment of any additional civilian,

24

military, or contractor personnel to fulfill additional

25

responsibilities akin to those of the Secretary of a

† HR 2810 PAP

1159
1

military department that are specified by the covered

2

authority.

3

(5) An explanation how the responsibilities akin

4

to those of the Secretary of a military department

5

that assigned to the Assistant Secretary by the covered

6

authority will be fulfilled in the absence of additional

7

personnel being assigned to the office of the Assistant

8

Secretary.

9
10
11

(6) Any other matters the Secretary considers
appropriate.
SEC. 10902. REPORT ON THE NEED FOR A JOINT CHEMICAL-

12
13

BIOLOGICAL DEFENSE LOGISTICS CENTER.

Not later than March 1, 2018, the Secretary of Defense

14 shall submit to the congressional defense committees a re15 port that includes the following:
16

(1) A description of the operational need and re-

17

quirement for a consolidated Joint Chemical-Biologi-

18

cal Defense Logistics Center.

19

(2) Identification of the specific operational re-

20

quirements for rapid deployment of chemical and bio-

21

logical defense assets and the sustainment require-

22

ments for maintenance, storage, inspection, and dis-

23

tribution of specialized chemical, biological, radio-

24

logical, and nuclear equipment at the Joint Chemical-

25

Biological Defense Logistics Center.

† HR 2810 PAP

1160
1

(3) A definition of program objectives and mile-

2

stones to achieve initial operating capability and full

3

operating capability.

4

(4) Estimated facility and personnel resource re-

5

quirements for use in planning, programming, and

6

budgeting.

7

(5) An environmental assessment of proposed ef-

8

fects in accordance with the National Environmental

9

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

13

TITLE CX—GENERAL
PROVISIONS
Subtitle A—Additional General
Provisions

14

SEC. 11001. EXPANSION OF AVAILABILITY FROM THE DE-

15

PARTMENT OF VETERANS AFFAIRS OF COUN-

16

SELING AND TREATMENT FOR SEXUAL TRAU-

17

MA FOR MEMBERS OF THE ARMED FORCES.

10
11
12

18

Section 1720D(a)(2)(A) of title 38, United States Code

19 is amended—
20

(1) by striking ‘‘on active duty’’; and

21

(2) by inserting ‘‘that was suffered by the mem-

22

ber while serving on active duty, active duty for

23

training, or inactive duty training’’ before the period

24

at the end.

† HR 2810 PAP

1161
1

SEC. 11002. REPORT ON THE GLOBAL FOOD SYSTEM AND

2

VULNERABILITIES

3

MENT OF DEFENSE MISSIONS.

4

RELEVANT

TO

DEPART-

(a) REPORT REQUIRED.—Not later than one year

5 after the date of the enactment of this Act, the Secretary
6 of Defense shall, in consultation with the heads of such com7 ponents of the Department of Defense as the Secretary con8 siders appropriate, submit to the congressional defense com9 mittees an assessment of Department of Defense policies and
10 operational plans for addressing the national security im11 plications of global food system vulnerabilities.
12

(b) CONTENTS.—The report required by subsection (a)

13 shall include, at a minimum, the following:
14

(1) An evaluation of vulnerabilities in the global

15

food system that may affect the national security of

16

the United States and the Department of Defense

17

roles, missions, and capabilities in addressing such

18

vulnerabilities, including information technology,

19

data management, and surveillance capabilities for

20

detection and assessment of food system shocks with

21

the potential to result in the deployment of the Armed

22

Forces or directly affect bilateral security interests

23

with allies or partners.

24

(2) A characterization of how Department of De-

25

fense strategy, policies, and plans, including the Uni-

26

fied Command Plan, defense planning scenarios,
† HR 2810 PAP

1162
1

operational plans, theater cooperation plans, and

2

other relevant planning documents and procedures,

3

account for food system vulnerabilities as precursors

4

to and components of protracted major state conflicts,

5

civil wars, insurgencies, or terrorism.

6

(3) An evaluation of United States interests, in-

7

cluding the interests of allies and strategic partners,

8

and potential United States military operations, in-

9

cluding thresholds for ordering such operations, in re-

10

gions where food system instability represents an ur-

11

gent and growing threat, including due to the pres-

12

ence of destabilizing non-state actors who may

13

weaponize access to food.

14

(4) An identification of opportunities to initiate

15

or further develop cooperative military to military re-

16

lationships to build partner capacity to avoid, mini-

17

mize, or control global and regional food system

18

shocks.

19

SEC. 11003. INEFFECTIVENESS OF DEPARTMENT OF DE-

20

FENSE INTEGRATION OF INFORMATION OP-

21

ERATIONS AND CYBER-ENABLED INFORMA-

22

TION OPERATIONS.

23

Section 1042 shall have no force or effect.

† HR 2810 PAP

1163
1

SEC. 11004. DEPARTMENT OF DEFENSE INTEGRATION OF

2

INFORMATION OPERATIONS AND CYBER-EN-

3

ABLED INFORMATION OPERATIONS.

4

(a) INTEGRATION

5

FORMATION

6

TION

7
8

OF

OPERATIONS

DEPARTMENT
AND

OF

DEFENSE IN-

CYBER-ENABLED INFORMA-

OPERATIONS.—
(1)

ESTABLISHMENT

OF

CROSS-FUNCTIONAL

TASK FORCE.—

9

(A) IN

GENERAL.—The

Secretary of Defense

10

shall establish a cross-functional task force con-

11

sistent with section 911(c)(1) of the National De-

12

fense Authorization Act for Fiscal Year 2017

13

(Public Law 114–328; 10 U.S.C. 111 note) to in-

14

tegrate across the organizations of the Depart-

15

ment of Defense responsible for information oper-

16

ations, military deception, public affairs, elec-

17

tronic warfare, and cyber operations to produce

18

integrated strategy, planning, and budgeting to

19

counter, deter, and conduct strategic information

20

operations and cyber-enabled information oper-

21

ations.

22
23

(B) DUTIES.—The task force shall carry out
the following:

24

(i) Development of a strategic frame-

25

work for the conduct by the Department of

26

Defense of information operations, includ† HR 2810 PAP

1164
1

ing cyber-enabled information operations,

2

coordinated across all relevant Department

3

of Defense entities, including both near-term

4

and long-term guidance for the conduct of

5

such coordinated operations.

6

(ii) Development and dissemination of

7

a common operating paradigm across the

8

organizations specified in subparagraph (A)

9

of the influence, deception, and propaganda

10

activities of key malign actors, including in

11

cyberspace.

12

(iii) Development of guidance for, and

13

promotion of, the liaison capability of the

14

Department to interact with the private sec-

15

tor, including social media, on matters re-

16

lated to the influence activities of malign

17

actors.

18

(iv) Serve as the primary Department

19

of Defense liaison with the Global Engage-

20

ment Center and other relevant Federal en-

21

tities in carrying out the purpose set forth

22

in section 1287(a)(2) of the National De-

23

fense Authorization Act for Fiscal Year

24

2017 (Public Law 114–328; 22 U.S.C. 2656

25

note).

† HR 2810 PAP

1165
1

(2) HEAD

2

OF CROSS-FUNCTIONAL TASK FORCE.—

(A) IN

GENERAL.—The

Secretary of Defense

3

shall appoint as the head of the task force such

4

individual as the Secretary considers appro-

5

priate from among individuals serving in the

6

Department as an Under Secretary of Defense or

7

in such other position within the Department of

8

lesser order of precedence.

9

(B) RESPONSIBILITIES.—The responsibil-

10

ities of the head of the task force are as follows:

11

(i) Oversight of strategic policy and

12

guidance.

13

(ii) Overall resource allocation for the

14

integration of information operations and

15

cyber operations of the Department.

16

(iii) Ensuring the task force faithfully

17

pursues the purpose set forth in subpara-

18

graph (A) of paragraph (1) and carries out

19

its duties as set forth in subparagraph (B)

20

of such paragraph.

21

(iv) Carrying out such activities as are

22

required of the head of the task force under

23

subsections (b) and (c).

24

(v) Coordination with the head of the

25

Global Engagement Center in support of the

† HR 2810 PAP

1166
1

execution of the purpose set forth in section

2

1287(a)(2) of the National Defense Author-

3

ization Act for Fiscal Year 2017 (Public

4

Law 114–328; 22 U.S.C. 2656 note).

5

(b) REQUIREMENTS

AND

PLANS

FOR

INFORMATION

6 OPERATIONS.—
7

(1) COMBATANT

COMMAND PLANNING AND RE-

8

GIONAL STRATEGY.—(A)

9

each commander of a combatant command to develop,

10

in coordination with the relevant regional Assistant

11

Secretary of State or Assistant Secretaries of State

12

and with the assistance of the Coordinator of the

13

Global Engagement Center and the head of the task

14

force appointed under subsection (a)(2)(A), a regional

15

information strategy and interagency coordination

16

plan for carrying out the strategy, where applicable.

17

(B) The Secretary shall require each commander

18

of a combatant command to develop such require-

19

ments and specific plans as may be necessary for the

20

conduct of information operations in support of the

21

strategy required in subparagraph (A), including

22

plans for deterring information operations, particu-

23

larly in the cyber domain, by malign actors against

24

the United States, allies of the United States, and in-

25

terests of the United States.

† HR 2810 PAP

The Secretary shall require

1167
1

(2) IMPLEMENTATION

PLAN FOR DEPARTMENT OF

2

DEFENSE STRATEGY FOR OPERATIONS IN THE INFOR-

3

MATION ENVIRONMENT.—

4

(A) IN

GENERAL.—Not

later than 90 days

5

after the date of the enactment of this Act, the

6

head of the task force shall—

7

(i) review the Department of Defense

8

Strategy for Operations in the Information

9

Environment, dated June 2016; and

10

(ii) submit to the congressional defense

11

committees a plan for implementation of

12

such strategy.

13

(B) ELEMENTS.—The implementation plan

14

shall include, at a minimum, the following:

15

(i) An accounting of the efforts under-

16

taken in support of the strategy described in

17

subparagraph (A)(i) since it was issued in

18

June 2016.

19

(ii) A description of any updates or

20

changes to such strategy that have been

21

made since it was first issued, as well as

22

any expected updates or changes in light of

23

the establishment of the task force.

24

(iii) A description of the role of the De-

25

partment as part of a broader whole-of-gov-

† HR 2810 PAP

1168
1

ernment strategy for strategic communica-

2

tions, including assumptions about the roles

3

and contributions of other Government de-

4

partments and agencies to such a strategy.

5

(iv)

Defined

actions,

performance

6

metrics, and projected timelines to achieve

7

the following specified tasks:

8

(I) Train, educate, and prepare

9

commanders and their staffs, and the

10

Joint Force as a whole, to lead, man-

11

age, and conduct operations in the in-

12

formation environment.

13

(II) Train, educate, and prepare

14

information operations professionals

15

and practitioners to enable effective op-

16

erations in the information environ-

17

ment.

18

(III) Manage information oper-

19

ations professionals, practitioners, and

20

organizations to meet emerging oper-

21

ational needs.

22

(IV) Establish a baseline assess-

23

ment of current ability of the Depart-

24

ment to conduct operations in the in-

25

formation environment, including an

† HR 2810 PAP

1169
1

identification of the types of units and

2

organizations currently responsible for

3

building and employing information-

4

related capabilities and an assignment

5

of appropriate roles and missions for

6

each type of unit or organization.

7

(V) Develop the ability of the De-

8

partment and operating forces to en-

9

gage, assess, characterize, forecast, and

10

visualize the information environment.

11

(VI) Develop and maintain the

12

proper capabilities and capacity to op-

13

erate effectively in the information en-

14

vironment in coordination with imple-

15

mentation of related cyber and other

16

strategies.

17

(VII) Develop and maintain the

18

capability to assess accurately the ef-

19

fect of operations in the information

20

environment.

21

(VIII) Adopt, adapt, and develop

22

new science and technology for the De-

23

partment to operate effectively in the

24

information environment.

† HR 2810 PAP

1170
1

(IX) Develop and adapt informa-

2

tion

3

policies, and guidance.

environment-related

concepts,

4

(X) Ensure doctrine relevant to

5

operations in the information environ-

6

ment remains current and responsive

7

based on lessons learned and best prac-

8

tices.

9

(XI) Develop, update, and de-con-

10

flict authorities and permissions, as

11

appropriate, to enable effective oper-

12

ations in the information environment.

13

(XII) Establish and maintain

14

partnerships among Department and

15

interagency partners, including the

16

Global Engagement Center, to enable

17

more effective whole-of-government op-

18

erations in the information environ-

19

ment.

20

(XIII) Establish and maintain

21

appropriate interaction with entities

22

that are not part of the Federal Gov-

23

ernment, including entities in indus-

24

try, entities in academia, federally

25

funded research and development cen-

† HR 2810 PAP

1171
1

ters, and other organizations, to enable

2

operations in the information environ-

3

ment.

4

(XIV) Establish and maintain

5

collaboration between and among the

6

Department and international part-

7

ners, including partner countries and

8

nongovernmental organizations, to en-

9

able more effective operations in the in-

10

formation environment.

11

(XV) Foster, enhance, and lever-

12

age partnership capabilities and ca-

13

pacities.

14

(v) An analysis of any personnel,

15

resourcing, capability, authority, or other

16

gaps that will need to be addressed to en-

17

sure effective implementation of the strategy

18

described in subparagraph (A)(i) across all

19

relevant elements of the Department.

20

(vi) An investment framework and

21

projected timeline for addressing any gaps

22

identified under clause (v).

23

(vii) Such other matters as the Sec-

24

retary of Defense considers relevant.

† HR 2810 PAP

1172
1

(C) PERIODIC

STATUS REPORTS.—Not

later

2

than 90 days after the date on which the imple-

3

mentation plan is submitted under subpara-

4

graph (A)(ii) and not less frequently than once

5

every 90 days thereafter until the date that is

6

three years after the date of such submittal, the

7

head of the task force shall submit to the congres-

8

sional defense committees a report describing the

9

status of the efforts of the Department to accom-

10

plish the tasks specified under clauses (iv) and

11

(vi) of subparagraph (B).

12

(c) TRAINING

AND

EDUCATION.—Consistent with the

13 elements of the implementation plan required under clauses
14 (i) and (ii) of subsection (b)(2)(B)(4), the head of the task
15 force shall establish programs to provide training and edu16 cation to such members of the Armed Forces and civilian
17 employees of the Department of Defense as the Secretary
18 considers appropriate to ensure understanding of the role
19 of information in warfare, the central goal of all military
20 operations to affect the perceptions, views, and decision21 making of adversaries, and the effective management and
22 conduct of operations in the information environment.
23

(d) ESTABLISHMENT

24

FICER FOR

25

ATIONS.—The

OF

DEFENSE INTELLIGENCE OF-

INFORMATION OPERATIONS

† HR 2810 PAP

AND

CYBER OPER-

Secretary shall establish a position within

1173
1 the Department of Defense known as the ‘‘Defense Intel2 ligence Officer for Information Operations and Cyber Oper3 ations’’.
4
5
6
7
8
9

(e) DEFINITIONS.—In this section:
(1) The term ‘‘head of the task force’’ means the
head appointed under subsection (a)(2)(A).
(2) The term ‘‘implementation plan’’ means the
plan required by subsection (b)(2)(A)(ii).
(3) The term ‘‘task force’’ means the cross-func-

10

tional

11

(a)(1)(A).

task

force

established

under

subsection

12

SEC. 11005. REPORT ON CYBER CAPABILITY AND READI-

13

NESS SHORTFALLS OF ARMY COMBAT TRAIN-

14

ING CENTERS.

15

(a) IN GENERAL.—Not later than 180 days after the

16 date of the enactment of this Act, the Secretary of the Army
17 shall submit to Congress a report on the Army Combat
18 Training Centers and the current resident cyber capabili19 ties and training at such centers to examine potential
20 training readiness shortfalls and ensure that pre-rotational
21 cyber training needs are met.
22

(b) CONSIDERATION

OF

NEARBY ASSETS.—In pre-

23 paring the report under subsection (a), the Secretary shall
24 take into account nearby Army Combat Training Center

† HR 2810 PAP

1174
1 cyber assets that could contribute to addressing potential
2 cyber capability and readiness shortfalls.
3

SEC. 11006. REPORT ON THE AUDIT OF THE FULL FINAN-

4

CIAL STATEMENTS OF THE DEPARTMENT OF

5

DEFENSE.

6

Not later than six months after the date of the enact-

7 ment of this Act, the Secretary of Defense shall submit to
8 Congress a report setting forth the following:
9

(1) A description of the work undertaken and

10

planned to be undertaken by the Department of De-

11

fense, and the military departments, Defense Agen-

12

cies, and other organizations and elements of the De-

13

partment, to test and verify transaction data perti-

14

nent to obtaining an unqualified audit of their finan-

15

cial statements, including from feeder systems.

16

(2) A projected timeline of the Department in

17

connection with the audit of the full financial state-

18

ments of the Department, to be submitted to Congress

19

annually not later than six months after the sub-

20

mittal to Congress of the budget of the President for

21

a fiscal year, including the following:

22

(A) The date on which the Department

23

projects the beginning of an audit of the full fi-

24

nancial statements of the Department, and the

25

military departments, Defense Agencies, and

† HR 2810 PAP

1175
1

other organizations and elements of the Depart-

2

ment, for a fiscal year.

3

(B) The date on which the Department

4

projects the completions of audits of the full fi-

5

nancial statements of the Department, and the

6

military departments, Defense Agencies, and

7

other organizations and elements of the Depart-

8

ment, for a fiscal year.

9

(C) Beginning with fiscal year 2019, the

10

dates on which the Department expects to obtain

11

an unqualified audit opinion on the full finan-

12

cial statements of the Department, the military

13

departments, the Defense Agencies, and other or-

14

ganizations and elements of the Department for

15

a fiscal year.

16

(D) The anticipated total cost of future au-

17

dits as described in subparagraphs (A) through

18

(C).

19

(3) The anticipated annual costs of maintaining

20

an unqualified audit opinion on the full financial

21

statements of the Department, the military depart-

22

ments, the Defense Agencies, and other organizations

23

and elements of the Department for a fiscal year after

24

an unqualified audit opinion on such full financial

25

statements for a fiscal year is first obtained.

† HR 2810 PAP

1176
1

SEC. 11007. REPORT ON HURRICANE DAMAGE TO DEPART-

2
3

MENT OF DEFENSE ASSETS.

(a) IN GENERAL.—Not later than 90 days after the

4 date of the enactment of this Act, the Secretary of Defense
5 shall submit to the congressional defense committees a re6 port on damage to Department of Defense assets and instal7 lations from hurricanes during 2017.
8

(b) ELEMENTS.—The report required under subsection

9 (a) shall include the following elements:
10

(1) The results of a storm damage assessment.

11

(2) A description of affected military installa-

12

tions and assets.

13

(3) A request for funding to initiate the repair

14

and replacement of damaged facilities and assets, in-

15

cluding necessary upgrades to existing facilities to

16

make them compliant with current hurricane stand-

17

ards, and to cover any unfunded requirements for

18

military construction at affected military installa-

19

tions.

20

(4) An adaptation plan to ensure military in-

21

stallations funded with taxpayer dollars are con-

22

structed to better withstand flooding and extreme

23

weather events.

† HR 2810 PAP

1177
1

SEC. 11008. ESTABLISHMENT OF CENTER OF EXCELLENCE

2

IN

3

TREATMENT,

4

HEALTH CONDITIONS RELATING TO EXPO-

5

SURE TO BURN PITS AND OTHER ENVIRON-

6

MENTAL EXPOSURES.

7

PREVENTION,

DIAGNOSIS,

AND

MITIGATION,

REHABILITATION

OF

(a) IN GENERAL.—Subchapter II of chapter 73 of title

8 38, United States Code, is amended by adding at the end
9 the following new section:
10 ‘‘§ 7330C. Center of excellence in prevention, diag11

nosis, mitigation, treatment, and rehabili-

12

tation of health conditions relating to ex-

13

posure to burn pits and other environ-

14

mental exposures

15

‘‘(a) ESTABLISHMENT.—(1) The Secretary shall estab-

16 lish within the Department a center of excellence in the pre17 vention, diagnosis, mitigation, treatment, and rehabilita18 tion of health conditions relating to exposure to burn pits
19 and other environmental exposures to carry out the respon20 sibilities specified in subsection (d).
21

‘‘(2) The Secretary shall establish the center of excel-

22 lence under paragraph (1) through the use of—
23

‘‘(A) the directives and policies of the Depart-

24

ment in effect as of the date of the enactment of the

25

National Defense Authorization Act for Fiscal Year

26

2018;
† HR 2810 PAP

1178
1

‘‘(B) the recommendations of the Comptroller

2

General of the United States and Inspector General of

3

the Department in effect as of such date; and

4

‘‘(C) guidance issued by the Secretary of Defense

5

under section 313 of the National Defense Authoriza-

6

tion Act for Fiscal Year 2013 (Public Law 112–239;

7

10 U.S.C. 1074 note).

8

‘‘(b) SELECTION

OF

SITE.—In selecting the site for the

9 center of excellence established under subsection (a), the Sec10 retary shall consider entities that—
11

‘‘(1) are equipped with the specialized equipment

12

needed to study, diagnose, and treat health conditions

13

relating to exposure to burn pits and other environ-

14

mental exposures;

15

‘‘(2) have a track record of publishing informa-

16

tion relating to post-deployment health exposures

17

among veterans who served in the Armed Forces in

18

support of Operation Iraqi Freedom and Operation

19

Enduring Freedom;

20

‘‘(3) have access to animal models and in vitro

21

models of dust immunology and lung injury con-

22

sistent with the injuries of members of the Armed

23

Forces who served in support of Operation Iraqi Free-

24

dom and Operation Enduring Freedom; and

† HR 2810 PAP

1179
1

‘‘(4) have expertise in allergy, immunology, and

2

pulmonary diseases.

3

‘‘(c) COLLABORATION.—The Secretary shall ensure

4 that the center of excellence collaborates, to the maximum
5 extent practicable, with the Secretary of Defense, institu6 tions of higher education, and other appropriate public and
7 private entities (including international entities) to carry
8 out the responsibilities specified in subsection (d).
9

‘‘(d) RESPONSIBILITIES.—The center of excellence shall

10 have the following responsibilities:
11

‘‘(1) To provide for the development, testing, and

12

dissemination within the Department of best practices

13

for the treatment of health conditions relating to expo-

14

sure to burn pits and other environmental exposures.

15

‘‘(2) To provide guidance for the health systems

16

of the Department and the Department of Defense in

17

determining the personnel required to provide quality

18

health care for members of the Armed Forces and vet-

19

erans with health conditions relating to exposure to

20

burn pits and other environmental exposures.

21

‘‘(3) To establish, implement, and oversee a com-

22

prehensive program to train health professionals of

23

the Department and the Department of Defense in the

24

treatment of health conditions relating to exposure to

25

burn pits and other environmental exposures.

† HR 2810 PAP

1180
1

‘‘(4) To facilitate advancements in the study of

2

the short-term and long-term effects of exposure to

3

burn pits and other environmental exposures.

4

‘‘(5) To disseminate within medical facilities of

5

the Department best practices for training health pro-

6

fessionals with respect to health conditions relating to

7

exposure to burn pits and other environmental expo-

8

sures.

9

‘‘(6) To conduct basic science and translational

10

research on health conditions relating to exposure to

11

burn pits and other environmental exposures for the

12

purposes of understanding the etiology of such condi-

13

tions and developing preventive interventions and

14

new treatments.

15

‘‘(7) To provide medical treatment to veterans

16

diagnosed with medical conditions specific to exposure

17

to burn pits and other environmental exposures.

18

‘‘(e) USE

OF

BURN PITS REGISTRY DATA.—In car-

19 rying out its responsibilities under subsection (d), the center
20 of excellence shall have access to and make use of the data
21 accumulated by the burn pits registry established under sec22 tion 201 of the Dignified Burial and Other Veterans’ Bene23 fits Improvement Act of 2012 (Public Law 112–260; 38
24 U.S.C. 527 note).

† HR 2810 PAP

1181
1

‘‘(f) FUNDING.—This Secretary shall carry out this

2 section using amounts appropriated to the Department for
3 such purpose.
4

‘‘(g) DEFINITIONS.—In this section:

5
6

‘‘(1) The term ‘burn pit’ means an area of land
located in Afghanistan or Iraq that—

7

‘‘(A) is designated by the Secretary of De-

8

fense to be used for disposing solid waste by

9

burning in the outdoor air; and

10

‘‘(B) does not contain a commercially man-

11

ufactured incinerator or other equipment specifi-

12

cally designed and manufactured for the burning

13

of solid waste.

14

‘‘(2) The term ‘other environmental exposures’

15

means exposure to environmental hazards, including

16

burn pits, dust or sand, hazardous materials, and

17

waste at any site in Afghanistan or Iraq that emits

18

smoke containing pollutants present in the environ-

19

ment or smoke from fires or explosions.’’.

20

(b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of chapter 73 of such title is amended by in22 serting after the item relating to section 7330B the following
23 new item:
‘‘7330C. Center of excellence in prevention, diagnosis, mitigation, treatment, and
rehabilitation of health conditions relating to exposure to burn
pits and other environmental exposures.’’.

† HR 2810 PAP

1182
1
2
3
4

Subtitle B—Government Purchase
and Travel Cards
SEC. 11021. SHORT TITLE.

This subtitle may be cited as the ‘‘Saving Federal Dol-

5 lars Through Better Use of Government Purchase and Trav6 el Cards Act of 2017’’.
7

SEC. 11022. DEFINITIONS.

8

In this subtitle:

9

(1) IMPROPER

PAYMENT.—The

term ‘‘improper

10

payment’’ has the meaning given the term in section

11

2 of the Improper Payments Information Act of 2002

12

(31 U.S.C. 3321 note).

13

(2) QUESTIONABLE

TRANSACTION.—The

term

14

‘‘questionable transaction’’ means a charge card

15

transaction that from initial card data appears to be

16

high risk and may therefore be improper due to non-

17

compliance with applicable law, regulation or policy.

18

(3) STRATEGIC

SOURCING.—The

term ‘‘strategic

19

sourcing’’ means analyzing and modifying a Federal

20

agency’s spending patterns to better leverage its pur-

21

chasing power, reduce costs, and improve overall per-

22

formance.

23
24

SEC. 11023. EXPANDED USE OF DATA ANALYTICS.

(a) STRATEGY.—Not later than 180 days after the date

25 of the enactment of this Act, the Director of the Office of
† HR 2810 PAP

1183
1 Management and Budget, in consultation with the Admin2 istrator for General Services, shall develop a strategy to ex3 pand the use of data analytics in managing government
4 purchase and travel charge card programs. These analytics
5 may employ existing General Services Administration ca6 pabilities, and may be in conjunction with agencies’ capa7 bilities, for the purpose of—
8

(1) identifying examples or patterns of question-

9

able transactions and developing enhanced tools and

10

methods for agency use in—

11
12

(A) identifying questionable purchase and
travel card transactions; and

13

(B) recovering improper payments made

14

with purchase and travel cards;

15

(2) identifying potential opportunities for agen-

16

cies to further leverage administrative process stream-

17

lining and cost reduction from purchase and travel

18

card use, including additional agency opportunities

19

for card-based strategic sourcing;

20

(3) developing a set of purchase and travel card

21

metrics and benchmarks for high-risk activities, which

22

shall assist agencies in identifying potential emphasis

23

areas for their purchase and travel card management

24

and oversight activities, including those required by

† HR 2810 PAP

1184
1

the Government Charge Card Abuse Prevention Act of

2

2012 (Public Law 112–194); and

3

(4) developing a plan, which may be based on

4

existing capabilities, to create a library of analytics

5

tools and data sources for use by Federal agencies (in-

6

cluding inspectors general of those agencies).

7

SEC. 11024. GUIDANCE ON IMPROVING INFORMATION SHAR-

8
9

ING TO CURB IMPROPER PAYMENTS.

(a) IN GENERAL.—Not later than 180 days after the

10 date of the enactment of this Act, the Director of the Office
11 of Management and Budget, in consultation with the Ad12 ministrator of General Services and the interagency charge
13 card data management group established under section
14 1095, shall issue guidance on improving information shar15 ing by government agencies for the purposes of section
16 1093(a)(1).
17

(b) ELEMENTS.—The guidance issued under subsection

18 (a) shall—
19

(1) require relevant officials at Federal agencies

20

to identify high-risk activities and communicate that

21

information to the appropriate management levels

22

within the agencies;

23

(2) require that appropriate officials at Federal

24

agencies review the reports issued by charge card-

25

issuing banks on questionable transaction activity

† HR 2810 PAP

1185
1

(such as purchase and travel card pre-suspension and

2

suspension reports, delinquency reports, and exception

3

reports), including transactions that occur with high-

4

risk activities, and suspicious timing or amounts of

5

cash withdrawals or advances;

6

(3) provide for the appropriate sharing of infor-

7

mation related to potential questionable transactions,

8

fraud schemes, and high-risk activities with the Gen-

9

eral Services Administration and the appropriate of-

10

ficials in Federal agencies;

11

(4) consider the recommendations made by In-

12

spectors General or the best practices Inspectors Gen-

13

eral have identified; and

14

(5) include other requirements determined ap-

15

propriate by the Director for the purposes of carrying

16

out this subtitle.

17

SEC. 11025. INTERAGENCY CHARGE CARD DATA MANAGE-

18
19

MENT GROUP.

(a) ESTABLISHMENT.—The Administrator of General

20 Services and the Director of the Office of Management and
21 Budget shall establish a purchase and travel charge card
22 data management group to develop and share best practices
23 for the purposes described in section 1093(a).
24

(b) ELEMENTS.—The best practices developed under

25 subsection (a) shall—

† HR 2810 PAP

1186
1
2

(1) cover rules, edits, and task order or contract
modifications related to charge card-issuing banks;

3

(2) include the review of accounts payable infor-

4

mation and purchase and travel card transaction

5

data of agencies for the purpose of identifying poten-

6

tial strategic sourcing and other additional opportu-

7

nities (such as recurring payments, utility payments,

8

and grant payments) for which the charge cards or

9

related payment products could be used as a payment

10
11

method; and
(3) include other best practices as determined by

12

the Administrator and Director.

13

(c) MEMBERSHIP.—The purchase and travel charge

14 card data management group shall meet regularly as deter15 mined by the co-chairs, for a duration of three years, and
16 include those agencies as described in section 2 of the Gov17 ernment Charge Card Abuse Prevention Act of 2012 (Public
18 Law 112–194) and others identified by the Administrator
19 and Director.
20
21

SEC. 11026. REPORTING REQUIREMENTS.

(a) GENERAL SERVICES ADMINISTRATION REPORT.—

22 Not later than one year after the date of the enactment of
23 this Act, the Administrator for General Services shall sub24 mit a report to Congress on the implementation of this sub25 title, including the metrics used in determining whether the

† HR 2810 PAP

1187
1 analytic and benchmarking efforts have reduced, or contrib2 uted to the reduction of, questionable or improper payments
3 as well as improved utilization of card-based payment
4 products.
5

(b) AGENCY REPORTS AND CONSOLIDATED REPORT TO

6 CONGRESS.—Not later than one year after the date of the
7 enactment of this Act, the head of each Federal agency de8 scribed in section 2 of the Government Charge Card Abuse
9 Prevention Act of 2012 (Public Law 112–194) shall submit
10 a report to the Director of the Office of Management and
11 Budget on that agency’s activities to implement this sub12 title.
13
14

(c) OFFICE
TO

OF

MANAGEMENT

AND

BUDGET REPORT

CONGRESS.—The Director of the Office of Management

15 and Budget shall submit to Congress a consolidated report
16 of agency activities to implement this subtitle, which may
17 be included as part of another report submitted to Congress
18 by the Director.
19
20

(d) REPORT
TIES.—Not

ON

ADDITIONAL SAVINGS OPPORTUNI-

later than one year after the date of the enact-

21 ment of this Act, the Administrator of General Services
22 shall submit a report to Congress identifying and exploring
23 further potential savings opportunities for government
24 agencies under the Federal charge card programs. This re-

† HR 2810 PAP

1188
1 port may be combined with the report required under sub2 section (a).

4

TITLE CXII—MATTERS RELATING
TO FOREIGN NATIONS

5

SEC. 11201. SENSE OF CONGRESS ON CYBERSECURITY CO-

3

6

OPERATION WITH UKRAINE.

7

(a) FINDINGS.—Congress makes the following findings:

8

(1) There is a strong history of cyber attacks in

9

Ukraine, including a significant attack on its power

10

grid in December 2015 by Russia.

11

(2) The United States supports Ukraine and the

12

Ukrainian Security Assistance Initiative.

13

(b) SENSE

OF

CONGRESS.—It is the sense of Congress

14 that—
15

(1) the United States reaffirms support for the

16

sovereignty and territorial integrity of Ukraine, espe-

17

cially as a result of Russia’s invasion of Ukraine and

18

in the face of increased Russian aggression in the re-

19

gion; and

20
21
22
23

(2) the United States should assist Ukraine in
improving its cybersecurity capabilities.
SEC. 11202. NORTH KOREA STRATEGY.

(a) REPORT

ON

STRATEGY REQUIRED.—Not later

24 than 90 days after the date of the enactment of this Act,
25 the Secretary of Defense shall submit to the congressional

† HR 2810 PAP

1189
1 defense committees a report that sets forth a strategy of the
2 United States with respect to North Korea.
3

(b) ELEMENTS.—The report required by subsection (a)

4 shall include the following elements:
5

(1) A description and assessment of the primary

6

threats to United States national security interests

7

from North Korea.

8

(2) A description of support from foreign nations

9

for North Korea’s nuclear and ballistic missile pro-

10

grams.

11

(3) A description of the security relationships be-

12

tween China and North Korea and Russia and North

13

Korea, including trends in those relationships and

14

their impact on the Government of North Korea.

15

(4) A description of the security relationships be-

16

tween other countries and North Korea, and an iden-

17

tification of countries that may be undermining

18

United States objectives identified in paragraph (5).

19

(5) The desired end state in North Korea and

20

current United States objectives relative to security

21

threats emanating from North Korea.

22
23

(6) A detailed roadmap to reach the end state
and objectives identified in paragraph (5).

† HR 2810 PAP

1190
1

(7) An identification of the resources and au-

2

thorities necessary to carry out the roadmap described

3

in paragraph (6).

4

(8) A description of operational plans and asso-

5

ciated military requirements for the protection of

6

United States national security interests relative to

7

threats from North Korea.

8

(9) An identification of any personnel, capa-

9

bility, and resource gaps that would impact the execu-

10

tion of the roadmap described in paragraph (6) or

11

any associated operational plan, and a mitigation

12

plan to address such gaps.

13

(10) An assessment of current and desired part-

14

ner nation contributions to countering threats from

15

North Korea and a plan to enhance military coopera-

16

tion with nations that have shared security interests.

17

(c) FORM.—The report required by subsection (a) shall

18 be submitted in unclassified form, but may include a classi19 fied annex.
20

(d) QUARTERLY UPDATES REQUIRED.—The Secretary

21 of Defense shall provide Congress with a quarterly written
22 progress report on the implementation of the strategy re23 quired pursuant to subsection (a) in unclassified form.

† HR 2810 PAP

1191
1

SEC. 11203. PLAN ON IMPROVEMENT OF ABILITY OF FOR-

2

EIGN

3

UNITED STATES INSTITUTIONAL CAPACITY

4

BUILDING PROGRAMS TO PROTECT CIVIL-

5

IANS.

6

(a) REPORT

ON

GOVERNMENTS

PARTICIPATING

IN

PLAN.—Not later than 90 days after

7 the date of the enactment of this Act, the Secretary of De8 fense and the Secretary of State shall jointly submit to the
9 appropriate committees of Congress a report setting forth
10 a plan, to be implemented as part of each institutional ca11 pacity building program required by section 333(c)(4) of
12 title 10, United States Code, to improve the ability of for13 eign governments to protect civilians.
14

(b) ELEMENTS.—The plan required by subsection (a)

15 shall include the following:
16

(1) Efforts to develop and integrate civilian

17

harm mitigation principles and techniques in all rel-

18

evant partner force standard operating procedures.

19

(2) Efforts to build partner capacity to collect,

20

track, and analyze civilian casualty data and apply

21

lessons learned to future operations, and to provide

22

amends to civilians harmed by partner force oper-

23

ations.

24

(3) Efforts to support enhanced investigatory

25

and accountability standards in partner forces to en-

26

sure compliance with the laws of armed conflict and
† HR 2810 PAP

1192
1

appropriate human rights and civilian protection

2

standards.

3

(4) Support for increased partner transparency,

4

which should include the establishment of civil affairs

5

capabilities within partner militaries to improve

6

communication with the public.

7

(5) An estimate of the resources required to im-

8

plement the efforts and support described in para-

9

graphs (1) through (4).

10

(6) A description of the appropriate roles of the

11

Department of Defense and the Department of State

12

in such efforts and support.

13

(c) APPROPRIATE COMMITTEES

14

FINED.—In

OF

CONGRESS DE-

this section, the term ‘‘appropriate committees

15 of Congress’’ means—
16

(1) the Committee on Armed Services, the Com-

17

mittee on Foreign Relations, and the Committee on

18

Appropriations of the Senate; and

19

(2) the Committee on Armed Services, the Com-

20

mittee on Foreign Affairs, and the Committee on Ap-

21

propriations of the House of Representatives.

† HR 2810 PAP

1193
1

SEC. 11204. REPORT ON THE CAPABILITIES AND ACTIVITIES

2

OF THE ISLAMIC STATE OF IRAQ AND SYRIA

3

AND OTHER VIOLENT EXTREMIST GROUPS IN

4

SOUTHEAST ASIA.

5

(a) REPORT REQUIRED.—Not later than 180 days

6 after the date of enactment of this Act, the Secretary of De7 fense shall submit to the appropriate committees of Congress
8 a report setting forth an assessment of the current and fu9 ture capabilities and activities of the Islamic State of Iraq
10 and Syria (ISIS) and other violent extremist groups in
11 Southeast Asia.
12

(b) ELEMENTS.—The report shall include the fol-

13 lowing:
14
15

(1) The current number of Islamic State of Iraq
and Syria fighters in Southeast Asia.

16

(2) The estimated number of Islamic State of

17

Iraq and Syria fighters expected to return to South-

18

east Asia from fighting in the Middle East.

19

(3) The current resources available to combat the

20

threat of the Islamic State of Iraq and Syria in

21

Southeast Asia, and the additional resources required

22

to combat that threat.

23

(4) A detailed assessment of the capabilities of

24

the Islamic State of Iraq and Syria to operate effec-

25

tively in countries such as the Philippines, Indonesia,

26

and Malaysia.
† HR 2810 PAP

1194
1

(5) A description of the capabilities and re-

2

sources of governments of countries in Southeast Asia

3

to counter violent extremist groups.

4

(6) A list of additional United States resources

5

and capabilities that the Department of Defense rec-

6

ommends providing governments in Southeast Asia to

7

combat violent extremist groups.

8

(c) APPROPRIATE COMMITTEES

9

FINED.—In

OF

CONGRESS DE-

this section, the term ‘‘appropriate committees

10 of Congress’’ means—
11
12

(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and

13

(2) the Committee on Armed Services and the

14

Committee on Foreign Affairs of the House of Rep-

15

resentatives.

16

SEC. 11205. SENSE OF CONGRESS ON THE ISLAMIC STATE

17

OF IRAQ AND THE LEVANT.

18

It is the sense of the Congress that—

19

(1) the Islamic State of Iraq and the Levant

20

(ISIS) poses an acute threat to the people, govern-

21

ment, and territorial integrity of Iraq, including the

22

Iraqi Sunni, Shia, and Kurdish communities and re-

23

ligious and ethnic minorities in Iraq, and to the secu-

24

rity and stability of the Middle East and beyond;

† HR 2810 PAP

1195
1

(2) the defeat of the Islamic State of Iraq and

2

the Levant is critical to maintaining a unified Iraq

3

in which all faiths, sects, and ethnicities are afforded

4

equal protection and full integration into the Govern-

5

ment and society of Iraq; and

6

(3) the United States should, in coordination

7

with coalition partners, continue necessary support to

8

the security forces of or associated with the Govern-

9

ment of Iraq that have a national security mission in

10

their fight against the Islamic State of Iraq and the

11

Levant.

12

SEC. 11206. CLARIFICATION OF AUTHORITY TO SUPPORT

13

BORDER SECURITY OPERATIONS OF CERTAIN

14

FOREIGN COUNTRIES.

15

Paragraph (3) of section 1226(b) of the National De-

16 fense Authorization Act for Fiscal Year 2016 (Public Law
17 114–92; 129 Stat. 1056), as added by section 1294(b)(2)
18 of the National Defense Authorization Act for Fiscal Year
19 2017 (Public Law 114–328; 130 Stat. 2562), is amended
20 by striking ‘‘for such fiscal year’’ both places it appears.

† HR 2810 PAP

1196

3

TITLE CXVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

4

SEC. 11601. REQUIREMENTS RELATING TO MULTI-USE SEN-

5

SITIVE COMPARTMENTED INFORMATION FA-

6

CILITIES.

1
2

7

In order to facilitate access for small business concerns

8 and nontraditional contractors to affordable secure spaces,
9 the Secretary of Defense shall develop the processes and pro10 cedures necessary to build, certify, and maintain certifi11 cations for multi-use sensitive compartmented information
12 facilities not tied to a single contract and where multiple
13 companies can work on multiple projects at different secu14 rity levels securely.
15

SEC. 11602. INEFFECTIVENESS OF PROHIBITION ON USE OF

16

SOFTWARE

17

KASPERSKY LAB.

18
19

DEVELOPED

BY

Section 1630B shall have no force or effect.
SEC. 11603. PROHIBITION ON USE OF SOFTWARE PLAT-

20
21

PLATFORMS

FORMS DEVELOPED BY KASPERSKY LAB.

(a) PROHIBITION.—No department, agency, organiza-

22 tion, or other element of the United States Government may
23 use, whether directly or through work with or on behalf of
24 another organization or element of the United States Gov25 ernment, any hardware, software, or services developed or
† HR 2810 PAP

1197
1 provided, in whole or in part, by Kaspersky Lab or any
2 entity of which Kaspersky Lab has a majority ownership.
3

(b) EFFECTIVE DATE.—This section shall take effect

4 on October 1, 2018.
5

SEC. 11604. REPORT ON SIGNIFICANT SECURITY RISKS OF

6

DEFENSE CRITICAL ELECTRIC INFRASTRUC-

7

TURE.

8

(a) REPORT REQUIRED.—Not later than 90 days after

9 the date of the enactment of this Act, the Secretary of De10 fense shall, in coordination with the Director of National
11 Intelligence, the Secretary of Energy, and the Secretary of
12 Homeland Security, submit to the appropriate committees
13 of Congress a report setting forth the following:
14

(1) Identification of significant security risks to

15

defense critical electric infrastructure posed by sig-

16

nificant malicious cyber-enabled activities.

17

(2) An assessment of the potential effect of the se-

18

curity risks identified pursuant to paragraph (1) on

19

the readiness of the Armed Forces.

20

(3) An assessment of the strategic benefits de-

21

rived from, and the challenges associated with, iso-

22

lating military infrastructure from the national elec-

23

tric grid and the use of microgrids by the Armed

24

Forces.

25

(4) Recommendations on actions to be taken—

† HR 2810 PAP

1198
1

(A) to eliminate or mitigate the security

2

risks identified pursuant to paragraph (1); and

3

(B) to address the effect of those security

4

risks on the readiness of the Armed Forces iden-

5

tified pursuant to paragraph (2).

6

(b) FORM

OF

REPORT.—The report required by sub-

7 section (a) shall be submitted in unclassified form, but may
8 include a classified annex.
9
10
11

(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—

12

(A) the congressional defense committees;

13

(B) the Committee on Energy and Natural

14

Resources and the Committee on Homeland Se-

15

curity and Governmental Affairs of the Senate;

16

and

17

(C) the Committee on Energy and Com-

18

merce and the Committee on Homeland Security

19

of the House of Representatives.

20

(2) The term ‘‘defense critical electric infrastruc-

21

ture’’—

22

(A) has the meaning given such term in sec-

23

tion 215A(a) of the Federal Power Act (16

24

U.S.C. 824o–1(a)); and

† HR 2810 PAP

1199
1

(B) shall include any electric infrastructure

2

located in any of the 48 contiguous States or the

3

District of Columbia that serves a facility—

4

(i) designated by the Secretary of De-

5

fense as—

6

(I) critical to the defense of the

7

United States; and

8

(II) vulnerable to a disruption of

9

the supply of electric energy provided

10

to such facility by an external pro-

11

vider; and

12

(ii) that is not owned or operated by

13

the owner or operator of such facility.

14

(3) The term ‘‘security risk’’ shall have such

15

meaning as the Secretary of Defense shall determine,

16

in coordination with the Director of National Intel-

17

ligence and the Secretary of Energy, for purposes of

18

the report required by subsection (a).

19
20

(4) The term ‘‘significant malicious cyber-enabled activities’’ include—

21

(A) significant efforts—

22

(i) to deny access to or degrade, dis-

23

rupt, or destroy an information and com-

24

munications technology system or network;

25

or

† HR 2810 PAP

1200
1

(ii) to exfiltrate, degrade, corrupt, de-

2

stroy, or release information from such a

3

system or network without authorization for

4

purposes of—

5

(I) conducting influence oper-

6

ations; or

7

(II) causing a significant mis-

8

appropriation of funds, economic re-

9

sources, trade secrets, personal identi-

10

fications, or financial information for

11

commercial or competitive advantage

12

or private financial gain;

13

(B) significant destructive malware attacks;

14

and

15
16

(C) significant denial of service activities.
SEC.

11605.

REPORT

ON

PROGRESS

MADE

IN

IMPLE-

17

MENTING THE CYBER EXCEPTED PERSONNEL

18

SYSTEM.

19

Section 1599f(h)(2) of title 10, United States Code, is

20 amended by adding at the end the following new subpara21 graph:
22
23

‘‘(F) An assessment of the progress made in implementing the Cyber Excepted Personnel System.’’.

† HR 2810 PAP

1201
1

SEC. 11606. REPORT ON ACQUISITION STRATEGY TO RE-

2

CAPITALIZE THE EXISTING SYSTEM FOR UN-

3

DERSEA FIXED SURVEILLANCE.

4

(a) IN GENERAL.—Not later than 60 days after the

5 date of the enactment of this Act, the Secretary of the Navy
6 shall submit to the congressional defense committees a re7 port on the acquisition strategy to recapitalize the existing
8 system for undersea fixed surveillance.
9

(b) ELEMENTS.—The report required by subsection (a)

10 shall address the following matters:
11

(1) A description of undersea fixed surveillance

12

system recapitalization requirements, including key

13

performance parameters and key system attributes as

14

applicable.

15
16
17
18

(2) Cost estimates for procuring a future system
or systems.
(3) Projected dates for key milestones within the
acquisition strategy.

19

(4) A description of how the acquisition strategy

20

will improve performance in the areas of detection

21

and localization compared to the legacy system to en-

22

able effective performance against current, emerging,

23

and future threats over the life of the systems.

24

(5) A description of how the acquisition strategy

25

will encourage competition and reward innovation for

26

addressing system performance requirements.
† HR 2810 PAP

1202
1

SEC. 11607. COMPREHENSIVE REVIEW OF MARITIME INTEL-

2

LIGENCE, SURVEILLANCE, RECONNAISSANCE,

3

AND TARGETING.

4

(a) REPORT REQUIRED.—Not later than May 1, 2018,

5 the Secretary of the Navy shall submit to the congressional
6 defense committees a report on maritime intelligence, sur7 veillance, reconnaissance, and targeting.
8

(b) COMPREHENSIVE REVIEW.—The report required in

9 subsection (a) shall include a comprehensive review of the
10 following elements for the 2025 and 2035 timeframes:
11

(1) A description of the projected steady-state de-

12

mands for maritime intelligence, surveillance, recon-

13

naissance, and targeting capabilities and capacity in

14

each timeframe, including protracted gray-zone or

15

low-intensity

16

States or its allies and potential adversaries such as

17

Russia and China.

confrontations

between

the

United

18

(2) A description of potential warfighting plan-

19

ning scenarios in which maritime intelligence, sur-

20

veillance, reconnaissance, and targeting will be re-

21

quired in each prescribed timeframe, including the

22

most stressing such scenario.

23

(3) A description of the undersea, surface, and

24

air threats for each scenario described in paragraph

25

(1) that will require maritime intelligence, surveil-

† HR 2810 PAP

1203
1

lance, reconnaissance, and targeting to be conducted

2

in order to achieve warfighting objectives.

3

(4) An assessment of the sufficiency of maritime

4

intelligence, surveillance, reconnaissance, and tar-

5

geting program capability and capacity to achieve the

6

warfighting objectives described in paragraph (3) in

7

the most stressing scenario described in paragraph

8

(2), including the effects of attrition.

9

(5) Planned operational concepts, including a

10

High Level Operational Concept Graphic (OV–1) for

11

each such concept, for conducting maritime intel-

12

ligence, surveillance, reconnaissance, and targeting

13

during steady state operations and warfighting sce-

14

narios described in paragraphs (1) and (2). Consider-

15

ation of distributed combat operations in a satellite

16

denied environment shall be included.

17

(6) Specific capability gaps or risk areas in the

18

ability or sufficiency of maritime intelligence, surveil-

19

lance, reconnaissance, and targeting.

20

(7) Potential solutions to address the capability

21

gaps and risk areas identified in paragraph (6), in-

22

cluding new capabilities, increased capacity, or new

23

operating concepts that could be employed by the

24

Navy.

† HR 2810 PAP

1204
1

(8) A description of the funding amount by fiscal

2

year, initial operational capability, and full oper-

3

ational capability for each maritime intelligence, sur-

4

veillance, reconnaissance, and targeting program

5

identified in paragraph (4), based on the President’s

6

fiscal year 2019 future years defense program. Un-

7

funded or partially funded programs shall also be in-

8

cluded.

9

(c) FORM.—The report required by subsection (a) shall

10 be submitted in unclassified form, but may contain a classi11 fied annex as necessary.
12

SEC. 11608. REPORT ON TRAINING INFRASTRUCTURE FOR

13
14

CYBER FORCES.

Not later than 180 days after the date of the enactment

15 of this Act, the Secretary of Defense shall submit to the con16 gressional defense committees a report on the Department
17 of Defense training infrastructure for cyber forces. Such re18 port shall include the following:
19
20
21
22
23
24

(1) Identification of the shortcomings in such
training infrastructure.
(2) Potential commercial applications to address
such shortcomings.
(3) Future projections of cyber force growth and
urgent needs relating to such growth.

† HR 2810 PAP

1205

3

TITLE CXXVIII—MILITARY CONSTRUCTION AND GENERAL
PROVISIONS

4

SEC. 12801. TECHNICAL CORRECTION TO AUTHORITY FOR

1
2

5

RETURN

6

WINGATE, NEW MEXICO, TO ORIGINAL INHAB-

7

ITANTS.

8

OF

CERTAIN

LANDS

AT

FORT

Section 2829F(a)(1) of the National Defense Author-

9 ization Act for Fiscal Year 2017 (Public Law 114–328; 130
10 Stat. 2734) is amended by striking ‘‘titled ‘The Fort
11 Wingate Depot Activity Negotiated Property Division April
12 2016’ ’’ and inserting ‘‘titled ‘Final Agreement Map Be13 tween Navajo Nation and Pueblo of Zuni’, dated March
14 2016,’’.
15
16

SEC. 12802. ENERGY RESILIENCE.

The subsection (h) proposed to be added to section 2911

17 of title 10, United States Code, by section 2845 of this Act,
18 is amended in paragraph (2), by inserting ‘‘, cost of backup
19 power,’’ after ‘‘energy security’’.

22

TITLE CXXXI—DEPARTMENT OF
ENERGY NATIONAL SECURITY
PROGRAMS

23

SEC. 13101. PLUTONIUM CAPABILITIES.

20
21

24

(a) REPORT.—Not later than 30 days after the date

25 of the enactment of this Act, the Administrator for Nuclear
† HR 2810 PAP

1206
1 Security shall submit to the congressional defense commit2 tees and the Secretary of Defense a report on the rec3 ommended alternative endorsed by the Administrator for re4 capitalization of plutonium science and production capa5 bilities of the nuclear security enterprise. The report shall
6 identify the recommended alternative endorsed by the Ad7 ministrator and contain the analysis of alternatives, in8 cluding costs, upon which the Administrator relied in mak9 ing such endorsement.
10

(b) CERTIFICATION.—Not later than 60 days after the

11 date on which the Secretary of Defense receives the report
12 required by subsection (a), the Chairman of the Nuclear
13 Weapons Council shall submit to the congressional defense
14 committees the written certification of the Chairman re15 garding whether—
16
17

(1) the recommended alternative described in
subsection (a)—

18

(A) is acceptable to the Secretary of Defense

19

and the Nuclear Weapons Council and meets the

20

requirements of the Secretary for plutonium pit

21

production capacity and capability;

22

(B) is likely to meet the pit production

23

timelines and milestones required by section

24

4219 of the Atomic Energy Defense Act (50

25

U.S.C. 2538a);

† HR 2810 PAP

1207
1

(C) is likely to meet pit production

2

timelines and requirements responsive to mili-

3

tary requirements;

4

(D) is cost effective and has reasonable

5

near-term and lifecycle costs that are minimized,

6

to the extent practicable, as compared to other

7

alternatives;

8
9

(E) contains minimized and manageable
risks as compared to other alternatives; and

10

(F) can be acceptably reconciled with any

11

differences in the conclusions made by the Office

12

of Cost Assessment and Program Evaluation of

13

the Department of Defense in the business case

14

analysis of plutonium pit production capability

15

issued in 2013; and

16

(2) the Administrator has—

17

(A) documented the assumptions and con-

18

straints used in the analysis of alternatives de-

19

scribed in subsection (a); and

20

(B) tested and documented the sensitivity of

21

the cost estimates for each alternative to risks

22

and changes in key assumptions.

23
24
25

(c) ASSESSMENT.—
(1) IN

GENERAL.—Not

later than 90 days after

the date of the enactment of this Act, the Director of

† HR 2810 PAP

1208
1

Cost Estimating and Program Evaluation of the Na-

2

tional Nuclear Security Administration shall, in con-

3

sultation with the Director of the Cost Assessment and

4

Program Evaluation of the Department of Defense,

5

provide to the congressional defense committees a

6

briefing containing the assessment of the Directors of

7

the analysis of alternatives described in subsection

8

(a).

9
10

(2) ELEMENTS.—The briefing required by paragraph (1) shall include—

11

(A) descriptions of the scope, risks, and

12

costs for alternatives not considered in the anal-

13

ysis of alternatives that the Directors deem via-

14

ble; and

15
16
17

(B) any views of the Administrator regarding such alternatives.
(d) REVIEW

BY

COMPTROLLER GENERAL.—Not later

18 than 60 days after receiving the report required by sub19 section (a) and the briefing required by subsection (c), the
20 Comptroller General of the United States shall brief the con21 gressional defense committees on—
22

(1) the alternatives considered by the Adminis-

23

trator in the analysis of alternatives described in sub-

24

section (a) and the alternatives described in sub-

25

section (c)(2)(A);

† HR 2810 PAP

1209
1

(2) the accuracy of such alternatives; and

2

(3) any other issues the Comptroller General con-

3

siders relevant.

5

TITLE CXXXV—MARITIME
ADMINISTRATION

6

SEC. 13501. INEFFECTIVENESS OF MARITIME ADMINISTRA-

4

7
8
9

TION PROVISIONS.

Title XXXV shall have no force or effect.
SEC. 13502. AUTHORIZATION OF THE MARITIME ADMINIS-

10
11

TRATION.

(a) IN GENERAL.—There are authorized to be appro-

12 priated to the Department of Transportation for fiscal year
13 2018, to be available without fiscal year limitation if so
14 provided in appropriations Acts, for programs associated
15 with maintaining the United States merchant marine, the
16 following amounts:
17

(1) For expenses necessary for operations of the

18

United

19

$100,802,000, of which—

20
21

States

Merchant

Marine

Academy,

(A) $75,751,000 shall be for Academy operations, including—

22

(i)

the

implementation

of

section

23

3514(b) of the National Defense Authoriza-

24

tion Act for Fiscal Year 2017, as added by

25

section 3508; and

† HR 2810 PAP

1210
1

(ii) staffing, training, and other ac-

2

tions necessary to prevent and respond to

3

sexual harassment and sexual assault; and

4

(B) $25,051,000 shall remain available

5

until expended for capital asset management at

6

the Academy.

7

(2) For expenses necessary to support the State

8

maritime academies, $29,550,000, of which—

9

(A) $2,400,000 shall remain available until

10

September 30, 2018, for the Student Incentive

11

Program;

12

(B) $3,000,000 shall remain available until

13

expended for direct payments to such academies;

14

(C) $22,000,000 shall remain available

15

until expended for maintenance and repair of

16

State maritime academy training vessels;

17
18

(D) $1,800,000 shall remain available until
expended for training ship fuel assistance; and

19

(E) $350,000 shall remain available until

20

expended for expenses to improve the monitoring

21

of the service obligations of graduates.

22

(3) For expenses necessary to support the Na-

23

tional

24

$36,000,000, which shall remain available until ex-

25

pended.

† HR 2810 PAP

Security

Multi-Mission

Vessel

Program,

1211
1

(4) For expenses necessary to support Maritime

2

Administration

3

$58,694,000.

operations

and

programs,

4

(5) For expenses necessary to dispose of vessels in

5

the National Defense Reserve Fleet, $20,000,000,

6

which shall remain available until expended.

7

(6) For expenses necessary for the loan guarantee

8

program authorized under chapter 537 of title 46,

9

United States Code, $33,000,000, of which—

10

(A) $30,000,000 may be used for the cost

11

(as defined in section 502(5) of the Federal Cred-

12

it Reform Act of 1990 (2 U.S.C. 661a(5))) of

13

loan guarantees under the program; and

14

(B) $3,000,000 may be used for administra-

15

tive expenses relating to loan guarantee commit-

16

ments under the program.

17
18

(b) ASSISTANCE
TIME

FOR

SMALL SHIPYARDS

AND

MARI-

COMMUNITIES.—Section 54101(i) of title 46, United

19 States Code, is amended—
20

(1) in the matter preceding paragraph (1), by

21

striking ‘‘2015 through 2017’’ and inserting ‘‘2018

22

through 2020’’;

23
24

(2) in paragraph (1), by striking ‘‘$5,000,000’’
and inserting ‘‘$7,500,000’’; and

† HR 2810 PAP

1212
1
2

(3) in paragraph (2), by striking ‘‘$25,000,000’’
and inserting ‘‘$27,500,000’’.

3

SEC. 13503. REMOVAL ADJUNCT PROFESSOR LIMIT AT

4

UNITED STATES MERCHANT MARINE ACAD-

5

EMY.

6

Section 51317 of title 46, United States Code, is

7 amended—
8

(1) in subsection (b)—

9
10

(A) in paragraph (1), by striking ‘‘and’’ at
the end; and

11

(B) in paragraph (2), by striking the period

12

at the end and inserting ‘‘; and’’; and

13

(2) by striking subsections (c) and (d).

14

SEC. 13504. ACCEPTANCE OF GUARANTEES IN CONJUNC-

15

TION WITH PARTIAL DONATIONS FOR MAJOR

16

PROJECTS OF THE UNITED STATES MER-

17

CHANT MARINE ACADEMY.

18

(a) GUARANTEES.—Chapter 513 of title 46, United

19 States Code, is amended by adding at the end the following:
20 ‘‘§ 51320. Acceptance of guarantees with gifts for
21
22
23

major projects

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) MAJOR

PROJECT.—The

term ‘major project’

24

means a project estimated to cost at least $1,000,000

25

for—

† HR 2810 PAP

1213
1
2

‘‘(A) the purchase or other procurement of
real or personal property; or

3

‘‘(B) the construction, renovation, or repair

4

of real or personal property.

5

‘‘(2)

MAJOR

UNITED

STATES

6

BANK.—The

7

bank’ means a commercial bank that—

COMMERCIAL

term ‘major United States commercial

8

‘‘(A) is an insured bank (as defined in sec-

9

tion 3(h) of the Federal Deposit Insurance Act

10

(12 U.S.C. 1813(h)));

11
12

‘‘(B) is headquartered in the United States;
and

13

‘‘(C) has total net assets of an amount con-

14

sidered by the Maritime Administrator to qual-

15

ify the bank as a major bank.

16

‘‘(3) MAJOR

17

AGEMENT FIRM.—The

18

vestment management firm’ means—

UNITED STATES INVESTMENT MAN-

term ‘major United States in-

19

‘‘(A) any broker or dealer (as such terms

20

are defined in section 3 of the Securities Ex-

21

change Act of 1934 (15 U.S.C. 78c));

22

‘‘(B) any investment adviser or provider of

23

investment supervisory services (as such terms

24

are defined in section 202 of the Investment Ad-

25

visers Act of 1940 (15 U.S.C. 80b–2)); or

† HR 2810 PAP

1214
1
2

‘‘(C) a major United States commercial
bank that—

3

‘‘(i) is headquartered in the United

4

States; and

5

‘‘(ii) holds for the account of others in-

6

vestment assets in a total amount consid-

7

ered by the Maritime Administrator to

8

qualify the bank as a major investment

9

management firm.

10

‘‘(4) QUALIFIED

GUARANTEE.—The

term ‘quali-

11

fied guarantee’, with respect to a major project,

12

means a guarantee that—

13

‘‘(A) is made by 1 or more persons in con-

14

nection with a donation for the project of a total

15

amount in cash or securities that the Maritime

16

Administrator determines is sufficient to defray

17

a substantial portion of the total cost of the

18

project;

19

‘‘(B) is made to facilitate or expedite the

20

completion of the project in reasonable anticipa-

21

tion that other donors will contribute sufficient

22

funds or other resources in amounts sufficient to

23

pay for completion of the project;

24

‘‘(C) is set forth as a written agreement

25

providing that the donor will furnish in cash or

† HR 2810 PAP

1215
1

securities, in addition to the donor’s other gift or

2

gifts for the project, any additional amount that

3

may become necessary for paying the cost of

4

completing the project by reason of a failure to

5

obtain from other donors or sources funds or

6

other resources in amounts sufficient to pay the

7

cost of completing the project; and

8

‘‘(D) is accompanied by—

9

‘‘(i) an irrevocable and unconditional

10

standby letter of credit for the benefit of the

11

United States Merchant Marine Academy

12

that is in the amount of the guarantee and

13

is issued by a major United States commer-

14

cial bank; or

15

‘‘(ii) a qualified account control agree-

16
17

ment.
‘‘(5) QUALIFIED

ACCOUNT

CONTROL

AGREE-

18

MENT.—The

19

ment’, with respect to a guarantee of a donor, means

20

an agreement among the donor, the Maritime Admin-

21

istrator, and a major United States investment man-

22

agement firm that—

term ‘qualified account control agree-

23

‘‘(A) ensures the availability of sufficient

24

funds or other financial resources to pay the

† HR 2810 PAP

1216
1

amount guaranteed during the period of the

2

guarantee;

3

‘‘(B) provides for the perfection of a secu-

4

rity interest in the assets of the account for the

5

United States for the benefit of the United States

6

Merchant Marine Academy with the highest pri-

7

ority available for liens and security interests

8

under applicable law;

9

‘‘(C) requires the donor to maintain in an

10

account with the investment management firm

11

assets having a total value that is not less than

12

130 percent of the amount guaranteed; and

13

‘‘(D) requires the investment management

14

firm, whenever the value of the account is less

15

than the value required to be maintained under

16

subparagraph (C), to liquidate any noncash as-

17

sets in the account and reinvest the proceeds in

18

Treasury bills issued under section 3104 of title

19

31.

20

‘‘(b) ACCEPTANCE AUTHORITY.—Subject to subsection

21 (d), the Maritime Administrator may accept a qualified
22 guarantee from a donor or donors for the completion of a
23 major project for the benefit of the United States Merchant
24 Marine Academy.

† HR 2810 PAP

1217
1

‘‘(c) OBLIGATION AUTHORITY.—The amount of a

2 qualified guarantee accepted under this section shall be con3 sidered as contract authority to provide obligation author4 ity for purposes of Federal fiscal and contractual require5 ments. Funds available for a project for which such a guar6 antee has been accepted may be obligated and expended for
7 the project without regard to whether the total amount of
8 funds and other resources available for the project (not tak9 ing into account the amount of the guarantee) is sufficient
10 to pay for completion of the project.
11

‘‘(d) NOTICE.—The Maritime Administrator may not

12 accept a qualified guarantee under this section for the com13 pletion of a major project until 30 days after the date on
14 which a report of the facts concerning the proposed guar15 antee is submitted to Congress.
16

‘‘(e) PROHIBITION

ON

COMMINGLING FUNDS.—The

17 Maritime Administrator may not enter into any contract
18 or other transaction involving the use of a qualified guar19 antee and appropriated funds in the same contract or
20 transaction.’’.
21

(b) CLERICAL AMENDMENT.—The table of sections for

22 chapter 513 of title 46, United States Code, is amended by
23 adding at the end the following:
‘‘51320. Acceptance of guarantees with gifts for major projects.’’.

† HR 2810 PAP

1218
1

SEC. 13505. AUTHORITY TO PAY CONVEYANCE OR TRANS-

2

FER EXPENSES IN CONNECTION WITH AC-

3

CEPTANCE OF A GIFT TO THE UNITED STATES

4

MERCHANT MARINE ACADEMY.

5

Section 51315 of title 46, United States Code, is

6 amended by inserting at the end the following:
7

‘‘(f) PAYMENT

OF

EXPENSES.—The Maritime Admin-

8 istrator may pay all necessary expenses in connection with
9 the conveyance or transfer of a gift, devise, or bequest ac10 cepted under this section.’’.
11

SEC. 13506. AUTHORITY TO PARTICIPATE IN FEDERAL,

12

STATE OR OTHER RESEARCH GRANTS.

13

(a) RESEARCH GRANTS.—Chapter 513 of title 46,

14 United States Code, as amended by sections 3503 through
15 3505, is further amended by adding at the end the fol16 lowing:
17 ‘‘§ 51321. Grants for scientific and educational re18
19

search

‘‘(a) DEFINED TERM.—In this section, the term ‘quali-

20 fying research grant’ is a grant that—
21

‘‘(1) is awarded on a competitive basis by the

22

Federal Government (except for the Department of

23

Transportation), a State, a corporation, a fund, a

24

foundation, an educational institution, or a similar

25

entity that is organized and operated primarily for

26

scientific or educational purposes; and
† HR 2810 PAP

1219
1

‘‘(2) is to be used to carry out a research project

2

with a scientific or educational purpose.

3

‘‘(b)

ACCEPTANCE

OF

QUALIFYING

RESEARCH

4 GRANTS.—Notwithstanding any other provision of law, the
5 United States Merchant Marine Academy may compete for
6 and accept qualifying research grants if the work under the
7 grant is to be carried out by a professor or instructor of
8 the United States Merchant Marine Academy.
9
10

‘‘(c) ADMINISTRATION OF GRANT FUNDS.—
‘‘(1) ESTABLISHMENT

OF ACCOUNT.—The

Mari-

11

time Administrator shall establish a separate account

12

for administering funds received from research grants

13

under this section.

14

‘‘(2) USE

OF

GRANT

FUNDS.—The

Super-

15

intendent shall use grant funds deposited into the ac-

16

count established pursuant to paragraph (1) in ac-

17

cordance with applicable regulations and the terms

18

and conditions of the respective grants.

19

‘‘(d) RELATED EXPENSES.—Subject to such limita-

20 tions as may be provided in appropriations Acts, appro21 priations available for the United States Merchant Marine
22 Academy may be used to pay expenses incurred by the
23 Academy in applying for, and otherwise pursuing, a quali24 fying research grant.’’.

† HR 2810 PAP

1220
1

(b) CLERICAL AMENDMENT.—The table of sections for

2 chapter 513 of title 46, United States Code, as amended
3 by section 3504(b), is further amended by adding at the
4 end the following:
‘‘51321. Grants for scientific and educational research.’’.

5

SEC. 13607. ASSISTANCE FOR SMALL SHIPYARDS AND MARI-

6
7

TIME COMMUNITIES.

Section 54101 of title 46, United States Code, is

8 amended—
9

(1) by striking subsection (b) and inserting the

10

following:

11

‘‘(b) AWARDS.—

12

‘‘(1) IN

GENERAL.—In

providing assistance

13

under the program, the Administrator shall take into

14

account—

15
16

‘‘(A) the economic circumstances and conditions of maritime communities;

17

‘‘(B) projects that would be effective in fos-

18

tering efficiency, competitive operations, and

19

quality ship construction, repair, and reconfig-

20

uration; and

21

‘‘(C) projects that would be effective in fos-

22

tering employee skills and enhancing produc-

23

tivity.

24

‘‘(2) TIMING

† HR 2810 PAP

OF AWARD.—

1221
1

‘‘(A) IN

GENERAL.—Except

as provided in

2

subparagraph

3

award grants under this section not later than

4

120 days after the date of the enactment of the

5

appropriations Act for the fiscal year concerned.

6

(B),

the

‘‘(B) REALLOCATION

Administrator

shall

OF UNUSED FUNDS.—

7

If a grant is awarded under this section and, for

8

any reason, the grant funds, or any portion

9

thereof, are not used by the grantee—

10

‘‘(i) such funds shall remain available

11

until expended; and

12

‘‘(ii) the Administrator may use such

13

unused funds to award, in any fiscal year,

14

another grant under this section to an ap-

15

plicant who submitted an application under

16

the initial or any subsequent notice of

17

availability of funds.’’; and

18
19
20

(2) in subsection (c), by adding at the end the
following:
‘‘(3) BUY

21

AMERICA.—

‘‘(A) IN

GENERAL.—Notwithstanding

any

22

other provision of law, the Secretary of Trans-

23

portation shall not obligate any funds authorized

24

to be appropriated to carry out this chapter un-

25

less the steel, iron, and manufactured products

† HR 2810 PAP

1222
1

used in such project are produced in the United

2

States.

3

‘‘(B) EXCEPTIONS.—The provisions of sub-

4

paragraph (A) shall not apply if the Secretary

5

finds that—

6

‘‘(i) their application would be incon-

7

sistent with the public interest;

8

‘‘(ii) such materials and products are

9

not produced in the United States in suffi-

10

cient and reasonably available quantities

11

and of a satisfactory quality; or

12

‘‘(iii) inclusion of domestic material

13

will increase the cost of the overall project

14

by more than 25 percent.’’.

15

SEC. 13508. DOMESTIC MARITIME CENTERS OF EXCEL-

16
17

LENCE.

(a) DESIGNATION AUTHORITY.—The Secretary of

18 Transportation is authorized to designate community and
19 technical colleges with a maritime training program and
20 maritime training centers operated by or under the super21 vision of a State, if located in the United States along the
22 Gulf of Mexico, Atlantic Ocean, Pacific Ocean, Arctic
23 Ocean, Bering Sea, Gulf of Alaska, or Great Lakes, as cen24 ters of excellence for domestic maritime workforce training
25 and education.

† HR 2810 PAP

1223
1

(b) ASSISTANCE.—

2

(1) TYPES.—The Secretary may provide to an

3

entity designated as a center of excellence under sub-

4

section (a)—

5

(A) technical assistance; and

6

(B) surplus Federal equipment and assets.

7

(2) TECHNICAL

ASSISTANCE.—The

Secretary

8

may provide technical assistance under paragraph (1)

9

to assist an entity designated as a center of excellence

10

under subsection (a) to expand the capacity of the en-

11

tity to train the domestic maritime workforce of the

12

United States, including by—

13

(A) admitting additional students;

14

(B) recruiting and training faculty;

15

(C) expanding facilities;

16

(D) creating new maritime career path-

17

ways; and

18

(E) awarding students credit for prior expe-

19
20

rience, including military service.
SEC. 13509. ACCESS TO SATELLITE COMMUNICATION DE-

21

VICES DURING SEA YEAR PROGRAM.

22

Section 3514 of the National Defense Authorization

23 Act for Fiscal Year 2017 (Public Law 114–328) is amend24 ed—

† HR 2810 PAP

1224
1

(1) by striking ‘‘Not later than’’ and inserting

2

the following:

3

‘‘(a) VESSEL OPERATOR REQUIREMENTS.—Not later

4 than’’; and
5
6

(2) by adding at the end the following:
‘‘(b) SATELLITE PHONE ACCESS.—The Maritime Ad-

7 ministrator shall ensure that each student participating in
8 the Sea Year program is provided or has access to a func9 tional satellite communication device. A student may not
10 be denied from using such device whenever the student deter11 mines that such use is necessary to prevent or report sexual
12 harassment or assault.’’.
13

SEC. 13510. ACTIONS TO ADDRESS SEXUAL HARASSMENT,

14

DATING

15

SEXUAL ASSAULT, AND STALKING AT THE

16

UNITED STATES MERCHANT MARINE ACAD-

17

EMY.

18

VIOLENCE,

DOMESTIC

VIOLENCE,

(a) REQUIRED POLICY.—Subsection (a) of section

19 51318 of title 46, United States Code, as added by section
20 3510 of the National Defense Authorization Act for Fiscal
21 Year 2017 (Public Law 114–328; 130 Stat. 2782), is
22 amended—
23

(1) in paragraph (1), by striking ‘‘harassment

24

and sexual assault’’ and inserting ‘‘harassment, dat-

† HR 2810 PAP

1225
1

ing violence, domestic violence, sexual assault, and

2

stalking’’;

3

(2) in paragraph (2)—

4

(A) in the matter preceding subparagraph

5

(A), by striking ‘‘harassment and sexual assault’’

6

and inserting ‘‘harassment, dating violence, do-

7

mestic violence, sexual assault, and stalking’’;

8

(B) in subparagraph (A), by inserting ‘‘do-

9

mestic violence, dating violence, stalking,’’ after

10

‘‘acquaintance rape,’’;

11

(C) in subparagraph (B)—

12

(i) in the matter preceding clause (i),

13

by striking ‘‘harassment or sexual assault,’’

14

and inserting ‘‘harassment, dating violence,

15

domestic violence, sexual assault, or stalk-

16

ing,’’;

17

(ii) in clause (i), by striking ‘‘harass-

18

ment or sexual assault’’ and inserting ‘‘har-

19

assment, dating violence, domestic violence,

20

sexual assault, or stalking’’; and

21

(iii) in clause (iii), by striking ‘‘crimi-

22

nal sexual assault’’ and inserting ‘‘a crimi-

23

nal sexual offense’’;

24

(D) in subparagraph (D), by striking ‘‘har-

25

assment or sexual assault’’ and inserting ‘‘har-

† HR 2810 PAP

1226
1

assment, dating violence, domestic violence, sex-

2

ual assault, or stalking’’;

3

(E) in subparagraph (E)—

4

(i) in clause (i), by striking ‘‘harass-

5

ment or sexual assault’’ and inserting ‘‘har-

6

assment, dating violence, domestic violence,

7

sexual assault, or stalking’’;

8

(ii) in clause (ii), by striking ‘‘sexual

9

assault’’ and inserting ‘‘sexual harassment,

10

dating violence, domestic violence, sexual

11

assault, or stalking’’; and

12

(iii) in clause (iii), by striking ‘‘har-

13

assment and sexual assault’’ and inserting

14

‘‘harassment, dating violence, domestic vio-

15

lence, sexual assault, or stalking’’; and

16

(F) in subparagraph (F), by striking ‘‘har-

17

assment or sexual assault’’ and inserting ‘‘har-

18

assment, dating violence, domestic violence, sex-

19

ual assault, or stalking’’;

20

(3) by redesignating paragraphs (3) and (4) as

21
22
23
24
25

paragraphs (4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
‘‘(3) MINIMUM

TRAINING REQUIREMENTS FOR

CERTAIN INDIVIDUALS REGARDING SEXUAL HARASS-

† HR 2810 PAP

1227
1

MENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEX-

2

UAL ASSAULT, AND STALKING.—

3

‘‘(A) REQUIREMENT.—The Maritime Ad-

4

ministrator shall direct the Superintendent of

5

the United States Merchant Marine Academy to

6

develop a mandatory training program at the

7

United States Merchant Marine Academy for

8

each individual who is involved in implementing

9

the Academy’s student disciplinary grievance

10

procedures, including each individual who is re-

11

sponsible for—

12

‘‘(i) resolving complaints of reported

13

sexual harassment, dating violence, domestic

14

violence, sexual assault, and stalking;

15

‘‘(ii) resolving complaints of reported

16

violations of the sexual misconduct policy of

17

the Academy; or

18

‘‘(iii) conducting an interview with a

19

victim of sexual harassment, dating vio-

20

lence, domestic violence, sexual assault, or

21

stalking.

22

‘‘(B) CONSULTATION.—The Superintendent

23

shall develop the training program described in

24

subparagraph (A) in consultation with national,

25

State, or local sexual assault, dating violence,

† HR 2810 PAP

1228
1

domestic violence, or stalking victim advocacy,

2

victim services, or prevention organizations.

3
4

‘‘(C) ELEMENTS.—The training required by
subparagraph (A) shall include the following:

5

‘‘(i) Information on working with and

6

interviewing persons subjected to sexual

7

harassment, dating violence, domestic vio-

8

lence, sexual assault, or stalking.

9

‘‘(ii) Information on particular types

10

of conduct that would constitute sexual har-

11

assment, dating violence, domestic violence,

12

sexual assault, or stalking, regardless of

13

gender, including same-sex sexual harass-

14

ment, dating violence, domestic violence,

15

sexual assault, or stalking.

16

‘‘(iii) Information on consent and the

17

effect that drugs or alcohol may have on an

18

individual’s ability to consent.

19

‘‘(iv) Information on the effects of

20

trauma, including the neurobiology of trau-

21

ma.

22

‘‘(v) Training regarding the use of

23

trauma-informed

24

which means asking questions of an indi-

25

vidual who has been a victim of sexual har-

† HR 2810 PAP

interview

techniques,

1229
1

assment, dating violence, domestic violence,

2

sexual assault, or stalking in a manner that

3

is focused on the experience of the victim,

4

does not judge or blame the victim, and is

5

informed by evidence-based research on the

6

neurobiology of trauma.

7

‘‘(vi) Training on cultural awareness

8

regarding how dating violence, domestic vi-

9

olence, sexual assault, or stalking may im-

10

pact midshipmen differently depending on

11

their cultural background.

12

‘‘(vii) Information on sexual assault

13

dynamics, sexual assault perpetrator behav-

14

ior, and barriers to reporting.

15

‘‘(D) IMPLEMENTATION.—

16

‘‘(i) DEVELOPMENT

AND

APPROVAL

17

SCHEDULE.—The

18

quired by subparagraph (A) shall be devel-

19

oped not later than 90 days after the date

20

of the enactment of the National Defense

21

Authorization Act for Fiscal Year 2018.

22

training

‘‘(ii) COMPLETION

OF

program

re-

TRAINING.—

23

Each individual who is required to complete

24

the training described in subparagraph (A)

† HR 2810 PAP

1230
1

shall complete such training not later

2

than—

3

‘‘(I) 270 days after enactment of

4

the National Defense Authorization Act

5

for Fiscal Year 2018; or

6

‘‘(II) 180 days after starting a

7

position with responsibilities that in-

8

clude the activities described clause (i),

9

(ii), or (iii) of subparagraph (A).’’;

10

and

11

(5) by inserting after paragraph (5), as so redes-

12

ignated, the following:

13

‘‘(6) CONSISTENCY

WITH

THE

HIGHER

EDU-

14

CATION ACT OF 1965.—The

15

the policy developed under this subsection meets the

16

requirements set out in paragraph (8) of section

17

485(f) of the Higher Education Act of 1965 (20

18

U.S.C. 1092(f)(8)).’’.

19

(b) MINIMUM PROCEDURES

20

OF

Secretary shall ensure that

FOR

HANDLING REPORTS

SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC

21 VIOLENCE, SEXUAL ASSAULT,

OR

STALKING.—Subsection

22 (b) of section 51318 of title 46, United States Code, as added
23 by section 3510 of the National Defense Authorization Act
24 for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
25 2782), is amended to read as follows:

† HR 2810 PAP

1231
1
2

‘‘(b) DEVELOPMENT PROGRAM.—
‘‘(1) IN

GENERAL.—The

Maritime Administrator

3

shall ensure that the development program of the

4

Academy includes a section that—

5

‘‘(A) describes the relationship between

6

honor, respect, and character development and

7

the prevention of sexual harassment, dating vio-

8

lence, domestic violence, sexual assault, and

9

stalking at the Academy;

10

‘‘(B) includes a brief history of the problem

11

of sexual harassment, dating violence, domestic

12

violence, sexual assault, and stalking in the mer-

13

chant marine, in the Armed Forces, and at the

14

Academy; and

15

‘‘(C) includes information relating to re-

16

porting sexual harassment, dating violence, do-

17

mestic violence, sexual assault, and stalking, vic-

18

tims’ rights, and dismissal for offenders.

19

‘‘(2) MINIMUM

20

REQUIREMENTS TO COMBAT RE-

TALIATION.—

21

‘‘(A) REQUIREMENT

FOR PLAN.—Not

later

22

than 90 days after the date of the enactment of

23

the National Defense Authorization Act for Fis-

24

cal Year 2018, the Maritime Administrator shall

25

direct the Superintendent of the United States

† HR 2810 PAP

1232
1

Merchant Marine Academy to implement and

2

maintain a plan to combat retaliation against

3

midshipmen at the United States Merchant Ma-

4

rine Academy who report sexual harassment,

5

dating violence, domestic violence, sexual assault,

6

or stalking.

7

‘‘(B) VIOLATION

OF CODE OF CONDUCT.—

8

The Superintendent shall consider an act of re-

9

taliation against a midshipman at the Academy

10

who reports sexual harassment, dating violence,

11

domestic violence, sexual assault, or stalking as

12

a Class I violation of the Academy’s Mid-

13

shipman Regulations or equivalent code of con-

14

duct.

15

‘‘(C) RETALIATION

DEFINITION.—The

Su-

16

perintendent shall work with the sexual assault

17

prevention and response staff of the Academy to

18

define ‘retaliation’ for purposes of this sub-

19

section.

20

‘‘(3) MINIMUM

21

‘‘(A) IN

RESOURCE REQUIREMENTS.—

GENERAL.—The

Maritime Adminis-

22

trator shall ensure the staff at the United States

23

Merchant Marine Academy are provided ade-

24

quate and appropriate sexual harassment, dating

25

violence, domestic violence, sexual assault, and

† HR 2810 PAP

1233
1

stalking prevention and response training mate-

2

rials and resources. Such resources shall include

3

staff as follows:

4

‘‘(i) Sexual assault response coordi-

5

nator.

6

‘‘(ii) Prevention educator.

7

‘‘(iii) Civil rights officer.

8

‘‘(iv) Staff member to oversee Sea Year.

9

‘‘(B) COMMUNICATION.—The Director of the

10

Office of Civil Rights of the Maritime Adminis-

11

tration shall create and maintain a direct line

12

of communication to the sexual assault response

13

staff of the Academy that is outside of the chain

14

of command of the Academy.

15

‘‘(4) MINIMUM

TRAINING REQUIREMENTS.—The

16

Superintendent shall ensure that all cadets receive

17

training on the sexual harassment, dating violence,

18

domestic violence, sexual assault, and stalking preven-

19

tion and response sections of the development pro-

20

gram of the Academy, as described in paragraph (1),

21

as follows:

22

‘‘(A) An initial training session, which

23

shall occur not later than 7 days after a cadet’s

24

initial arrival at the Academy.

† HR 2810 PAP

1234
1

‘‘(B) Additional training sessions, which

2

shall occur biannually following the cadet’s ini-

3

tial training session until the cadet graduates or

4

leaves the Academy.’’.

5

(c) AGGREGATE REPORTING.—Section 51318 of title

6 46, United States Code, as added by section 3510 of the
7 National Defense Authorization Act for Fiscal Year 2017
8 (Public Law 114–328; 130 Stat. 2782), is amended by add9 ing at the end the following:
10
11

‘‘(e) DATA FOR AGGREGATE REPORTING.—
‘‘(1) IN

GENERAL.—No

requirement related to

12

confidentiality in this section or section 51319 may

13

be construed to prevent a sexual assault response coor-

14

dinator from providing information for any report

15

required by law regarding sexual harassment, dating

16

violence, domestic violence, sexual assault, or stalking.

17

‘‘(2) IDENTITY

PROTECTION.—Any

information

18

provided for a report referred to in paragraph (1)

19

shall be provided in a manner that protects the iden-

20

tity of the victim or witness.’’.

21

(d) DEFINITIONS.—Section 51318 of title 46, United

22 States Code, as added by section 3510 of the National De23 fense Authorization Act for Fiscal Year 2017 (Public Law
24 114–328; 130 Stat. 2782), as amended by subsection (c),
25 is further amended by adding at the end the following:

† HR 2810 PAP

1235
1
2

‘‘(f) DEFINITIONS.—In this section and section 51319:
‘‘(1) DATING

VIOLENCE; DOMESTIC VIOLENCE;

3

STALKING.—The

4

olence’, and ‘stalking’ have the meanings given those

5

terms is section 40002(a) of the Violence Against

6

Women Act of 1994 (42 U.S.C. 13925(a)).

7

terms ‘dating violence’, ‘domestic vi-

‘‘(2) SEXUAL

ASSAULT.—The

term ‘sexual as-

8

sault’ means an offense classified as a forcible or non-

9

forcible sex offense under the uniform crime reporting

10

system of the Federal Bureau of Investigation.’’.

11

(e) CONFORMING AMENDMENTS.—

12

(1) HEADING.—Section 51318 of title 46, United

13

States Code, as added by section 3510 of the National

14

Defense Authorization Act for Fiscal Year 2017 (Pub-

15

lic Law 114–328; 130 Stat. 2782), is amended by

16

striking the section heading and inserting the fol-

17

lowing:

18 ‘‘§ 51318. Policy on sexual harassment, dating vio19

lence, domestic violence, sexual assault,

20

and stalking’’.

21

(2) TABLE

OF SECTIONS AMENDMENT.—The

table

22

of sections for chapter 513 of title 46, United States

23

Code, as amended by subtitle A of title XXXV of the

24

National Defense Authorization Act for Fiscal Year

25

2017 (Public Law 114–328; 130 Stat. 2774), is

† HR 2810 PAP

1236
1

amended by striking the item relating to section

2

51318 and inserting the following:
‘‘51318. Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking.’’.

3

SEC. 13511. SEXUAL ASSAULT PREVENTION AND RESPONSE

4
5

STAFF.

(a) IN GENERAL.—Section 51319 of title 46, United

6 States Code, as added by section 3511 of the National De7 fense Authorization Act for Fiscal Year 2017 (Public Law
8 114–328; 130 Stat. 2785), is amended—
9
10
11

(1) by redesignating subsection (b) as subsection
(c); and
(2) by striking subsection (a) and inserting the

12

following:

13

‘‘(a) SEXUAL ASSAULT RESPONSE COORDINATORS.—

14

‘‘(1) REQUIREMENT

FOR COORDINATORS.—The

15

United States Merchant Marine Academy shall em-

16

ploy or contract with at least 1 full-time sexual as-

17

sault response coordinator who shall reside at or near

18

the Academy. The Secretary of Transportation may

19

assign additional full-time or part-time sexual as-

20

sault response coordinators at the Academy as nec-

21

essary.

22
23

‘‘(2) SELECTION

CRITERIA.—Each

sexual assault

response coordinator shall be selected based on—

† HR 2810 PAP

1237
1

‘‘(A) experience and a demonstrated ability

2

to effectively provide victim services related to

3

sexual harassment, dating violence, domestic vio-

4

lence, sexual assault, and stalking; and

5

‘‘(B) protection of the individual under ap-

6

plicable law to provide privileged communica-

7

tion.

8

‘‘(3) CONFIDENTIALITY.—A sexual assault re-

9

sponse coordinator shall, to the extent authorized

10

under applicable law, provide confidential services to

11

a midshipman who reports being a victim of, or wit-

12

ness to, sexual harassment, dating violence, domestic

13

violence, sexual assault, or stalking.

14

‘‘(4) TRAINING.—

15

‘‘(A) VERIFICATION.—Not later than 90

16

days after the date of the enactment of the Na-

17

tional Defense Authorization Act for Fiscal Year

18

2018, the Maritime Administrator, in consulta-

19

tion with the Director of the Maritime Adminis-

20

tration Office of Civil Rights, shall develop a

21

process to verify that each sexual assault re-

22

sponse coordinator has completed proper train-

23

ing.

† HR 2810 PAP

1238
1

‘‘(B)

TRAINING

REQUIREMENTS.—The

2

training referred to in subparagraph (A) shall

3

include training in—

4

‘‘(i) working with victims of sexual

5

harassment, dating violence, domestic vio-

6

lence, sexual assault, and stalking;

7

‘‘(ii) the policies, procedures, and re-

8

sources of the Academy related to respond-

9

ing to sexual harassment, dating violence,

10

domestic violence, sexual assault, and stalk-

11

ing; and

12

‘‘(iii) national, State, and local victim

13

services and resources available to victims

14

of sexual harassment, dating violence, do-

15

mestic violence, sexual assault, and stalking.

16

‘‘(C) COMPLETION

OF TRAINING.—A

sexual

17

assault response coordinator shall complete the

18

training referred to in subparagraphs (A) and

19

(B) not later than—

20

‘‘(i) 270 days after enactment of the

21

National Defense Authorization Act for Fis-

22

cal Year 2018; or

23

‘‘(ii) 180 days after starting in the role

24

of sexual assault response coordinator.

† HR 2810 PAP

1239
1
2

‘‘(5) DUTIES.—A sexual assault response coordinator shall—

3

‘‘(A) confidentially receive a report from a

4

victim of sexual harassment, dating violence, do-

5

mestic violence, sexual assault, or stalking;

6

‘‘(B) inform the victim of—

7

‘‘(i) the victim’s rights under applica-

8

ble law;

9

‘‘(ii) options for reporting an incident

10

of sexual harassment, dating violence, do-

11

mestic violence, sexual assault, or stalking

12

to the Academy and law enforcement;

13

‘‘(iii) how to access available services,

14

including emergency medical care, medical

15

forensic or evidentiary examinations, legal

16

services, services provided by rape crisis

17

centers and other victim service providers,

18

services provided by the volunteer sexual as-

19

sault victim advocates at the Academy, and

20

crisis intervention counseling and ongoing

21

counseling;

22

‘‘(iv) such coordinator’s ability to as-

23

sist in arranging access to such services,

24

with the consent of the victim;

† HR 2810 PAP

1240
1

‘‘(v) available accommodations, such as

2

allowing the victim to change living ar-

3

rangements and obtain accessibility serv-

4

ices;

5

‘‘(vi) such coordinator’s ability to as-

6

sist in arranging such accommodations,

7

with the consent of the victim;

8

‘‘(vii) the victim’s rights and the Acad-

9

emy’s responsibilities regarding orders of

10

protection, no contact orders, restraining

11

orders, or similar lawful orders issued by

12

the Academy or a criminal, civil, or tribal

13

court; and

14

‘‘(viii) privacy limitations under ap-

15

plicable law;

16

‘‘(C) represent the interests of any mid-

17

shipmen who reports being a victim of sexual

18

harassment, dating violence, domestic violence,

19

sexual assault, or stalking, even if such interests

20

are in conflict with the interests of the Academy;

21

‘‘(D) advise the victim of, and provide writ-

22

ten materials regarding, the information de-

23

scribed in subparagraph (B);

24

‘‘(E) liaise with appropriate staff at the

25

Academy, with the victim’s consent, to arrange

† HR 2810 PAP

1241
1

reasonable accommodations through the Academy

2

to allow the victim to change living arrange-

3

ments, obtain accessibility services, or access

4

other accommodations;

5

‘‘(F) maintain the privacy and confiden-

6

tiality of the victim, and shall not notify the

7

Academy or any other authority of the identity

8

of the victim or the alleged circumstances sur-

9

rounding the reported incident unless—

10

‘‘(i) otherwise required by applicable

11

law;

12

‘‘(ii) requested to do so by the victim

13

who has been fully and accurately informed

14

about what procedures shall occur if the in-

15

formation is shared; or

16

‘‘(iii) notwithstanding clause (i) or

17

clause (ii), there is risk of imminent harm

18

to other individuals;

19

‘‘(G) assist the victim in contacting and re-

20

porting an incident of sexual harassment, dating

21

violence, domestic violence, sexual assault, or

22

stalking to the Academy or law enforcement, if

23

requested to do so by the victim who has been

24

fully and accurately informed about what proce-

25

dures shall occur if information is shared; and

† HR 2810 PAP

1242
1

‘‘(H) submit to the Director of the Maritime

2

Administration Office of Civil Rights an annual

3

report summarizing how the resources supplied

4

to the coordinator were used during the prior

5

year, including the number of victims assisted by

6

the coordinator.

7
8

‘‘(b) OVERSIGHT.—
‘‘(1) IN

9
10

GENERAL.—

‘‘(A) REPORTING.—Each sexual assault response coordinator shall—

11

‘‘(i) report directly to the Super-

12

intendent; and

13

‘‘(ii) have concurrent reporting respon-

14

sibility to the Executive Director of the

15

Maritime Administration on matters re-

16

lated to the Maritime Administration and

17

the Department of Transportation and

18

upon belief that the Academy leadership is

19

acting inappropriately regarding sexual as-

20

sault prevention and response matters.

21

‘‘(B) SUPPORT.—The Maritime Adminis-

22

tration Office of Civil Rights shall provide sup-

23

port to the sexual assault response coordinator at

24

the Academy on all sexual harassment, dating

† HR 2810 PAP

1243
1

violence, domestic violence, sexual assault, or

2

stalking prevention matters.

3

‘‘(2) PROHIBITION

ON INVESTIGATION BY THE

4

ACADEMY.—Any

5

dation, as described in subsection (a)(5)(F), made by

6

a sexual assault response coordinator shall not trigger

7

an investigation by the Academy, even if such coordi-

8

nator deals only with matters relating to sexual har-

9

assment, dating violence, domestic violence, sexual as-

10

request by a victim for an accommo-

sault, or stalking.

11

‘‘(3) PROHIBITION

ON RETALIATION.—A

sexual

12

assault response coordinator, victim advocate, or com-

13

panion may not be disciplined, penalized, or other-

14

wise retaliated against by the Academy for rep-

15

resenting the interests of the victim, even if such in-

16

terests are in conflict with the interests of the Acad-

17

emy.’’.

18

(b) ACCESS

19
20

MENT OF

OF

ACADEMY MIDSHIPMEN

TO

DEPART-

DEFENSE SAFE HELPLINE.—
(1) IN

GENERAL.—The

Secretary of Transpor-

21

tation, acting through the Superintendent of the

22

United States Merchant Marine Academy, and the

23

Secretary of Defense shall jointly provide for the ac-

24

cess to and use of the Department of Defense SAFE

† HR 2810 PAP

1244
1

Helpline by midshipmen at the Merchant Marine

2

Academy.

3

(2) TRAINING.—The training provided to per-

4

sonnel of the Department of Defense SAFE Helpline

5

shall include training on the resources available to

6

midshipmen at the Merchant Marine Academy in

7

connection with sexual assault, sexual harassment,

8

domestic violence, dating violence, and stalking.

9

(c) REPEAL

OF

DUPLICATE REQUIREMENT.—Sub-

10 section (c) of section 51319 of title 46, United States Code,
11 as redesignated by subsection (a)(1)—
12

(1) by striking paragraph (5);

13

(2) redesignating paragraph (6) as paragraph

14

(5); and

15

(3) in paragraph (5), as so redesignated, by

16

striking ‘‘(3), (4), and (5)’’ and inserting ‘‘(3) and

17

(4)’’.

18

SEC. 13512. PROTECTION OF STUDENTS FROM SEXUAL AS-

19
20

SAULT ONBOARD VESSELS.

(a) IN GENERAL.—Chapter 513 of title 46, United

21 States Code, as amended by subtitle A of title XXXV of the
22 National Defense Authorization Act for Fiscal Year 2017
23 (Public Law 114–328), is amended by adding at the end
24 the following new section:

† HR 2810 PAP

1245
1 ‘‘§ 51320. Protection of students from sexual assault
2
3
4

onboard vessels

‘‘(a) PROVISION
NICATION

5

OF

INDIVIDUAL SATELLITE COMMU-

DEVICES DURING SEA YEAR.—
‘‘(1) IN

GENERAL.—The

Maritime Administrator

6

shall ensure that each midshipman at the United

7

States Merchant Marine Academy is provided a func-

8

tional satellite communication device during the mid-

9

shipman’s Sea Year.

10

‘‘(2) CHECK-IN.—Not less often than once each

11

week, each such midshipman shall check-in with des-

12

ignated personnel at the Academy via the mid-

13

shipman’s personal satellite communication device. A

14

text message sent via the midshipman’s personal sat-

15

ellite device shall meet the requirement for a weekly

16

check-in for purposes of this paragraph.

17

‘‘(b) RIDING GANGS.—The Maritime Administrator

18 shall—
19

‘‘(1) require the owner or operator of any com-

20

mercial vessel carrying a midshipman of the Acad-

21

emy to certify their compliance with the International

22

Convention for Safety of Life at Sea, 1974, with

23

annex, done at London November 1, 1974 (32 UST

24

47) and section 8106; and

25

‘‘(2) ensure the Academy informs midshipmen

26

preparing for Sea Year of the obligations that vessel
† HR 2810 PAP

1246
1

owners and operators have to provide for the security

2

of individuals aboard a vessel under United States

3

law, including chapter 81 and section 70103(c).

4

‘‘(c) CHECKS OF COMMERCIAL VESSELS.—

5

‘‘(1) REQUIREMENT.—Not less frequently than

6

biennially, the staff of the United States Merchant

7

Marine Academy or the Maritime Administration

8

shall conduct both random and targeted unannounced

9

checks of not less than 10 percent of the commercial

10

vessels that host a midshipman from the Academy.

11

‘‘(2) REMOVAL

OF STUDENTS.—If

such staff de-

12

termine that such a commercial vessel is in violation

13

of the sexual assault policy developed by the Academy

14

through such a check, such staff are authorized to re-

15

move any midshipman of the Academy from the vessel

16

and report any such violation to the company that

17

owns the vessel.

18

‘‘(d) MAINTENANCE

OF

SEXUAL ASSAULT TRAINING

19 RECORDS.—The Maritime Administrator shall require each
20 company or seafarer union for a commercial vessel to main21 tain records of sexual assault training for the crew and pas22 sengers of any vessel hosting a midshipman from the Acad23 emy.
24

‘‘(e) SEA YEAR SURVEY.—

† HR 2810 PAP

1247
1

‘‘(1) REQUIREMENT.—The Maritime Adminis-

2

trator shall require each midshipman from the Acad-

3

emy upon completion of the midshipman’s Sea Year

4

to complete a survey regarding the environment and

5

conditions during the Sea Year.

6

‘‘(2) AVAILABILITY.—The Maritime Adminis-

7

trator shall make available to the public for each

8

year—

9
10

‘‘(A) the questions used in the survey required by paragraph (1); and

11
12
13

‘‘(B) the aggregated data received from such
surveys.’’.
(b) TABLE

OF

SECTIONS AMENDMENT.—The table of

14 sections for chapter 513 of title 46, United States Code, as
15 amended by subtitle A of title XXXV of the National Defense
16 Authorization Act for Fiscal Year 2017 (Public Law 114–
17 328), is amended by adding at the end the following:
‘‘51320. Protection of students from sexual assault onboard vessels.’’.

18

SEC. 13513. TRAINING REQUIREMENT FOR SEXUAL AS-

19
20

SAULT INVESTIGATORS.

Each employee of the Office of Inspector General of the

21 Department of Transportation who conducts investigations
22 and who is assigned to the Regional Investigations Office
23 in New York, New York—
24
25

(1) to participate in specialized training in conducting sexual assault investigations; and
† HR 2810 PAP

1248
1

(2) to attend at least 1 Federal Law Enforce-

2

ment Training Center (FLETC) sexual assault inves-

3

tigation course, or equivalent sexual assault investiga-

4

tion training course, as determined by the Inspector

5

General, each year.

6
7

TITLE CXXXI—FUNDING TABLES
SEC. 14001. FUNDING TABLES.

8

(a) In the funding table in section 4301, in the item

9 relating to Environmental Restoration, Navy, strike the
10 amount in the Senate Authorized column and insert
11 ‘‘323,000’’.
12

(b) In the funding table in section 4301, in the item

13 relating to Total Miscellaneous Appropriations, strike the
14 amount in the Senate Authorized column and insert
15 ‘‘1,494,291’’.
16

(c) In the funding table in section 4301, in the item

17 relating to Fuel Savings, increase the amount of the reduc18 tion indicated in the Senate Authorized column by
19 $41,600,000.
20

SEC. 14002. ADDITIONAL FUNDING TABLE MATTERS.

21

(a) OPERATION AND MAINTENANCE, NAVY RESERVE.—

22 In the funding table in section 4301, in the item relating
23 to

Operation

24 Sustainment,

and

Maintenance,

Restoration,

and

Navy

Modernization,

25 $5,000,000 to the Senate Authorized column.

† HR 2810 PAP

Reserve,
add

1249
1

(b) OPERATION

AND

MAINTENANCE, AIR NATIONAL

2 GUARD.—In the funding table in section 4301, in the item
3 relating to Operation and Maintenance, Air National
4 Guard, Facilities Sustainment, Restoration and Mod5 ernization, add $20,000,000, to the Senate Authorized col6 umn.
7

(c) FUEL SAVINGS.—In the funding table in section

8 4301, in the item relating to Fuel Savings, increase the
9 amount of the reduction indicated in the Senate Authorized
10 column by $25,000,000,
11

(d) REPORT.—Not later than December 31, 2017, the

12 Secretary of Defense shall submit to the congressional de13 fense committees a report setting forth a description of the
14 manner in which the Secretary will allocate funds which
15 shall be used by the Air Force and the National Guard to
16 take actions to mitigate identified sources of polyfluoroalkyl
17 substances at sites as a result of surveys conducted by the
18 Armed Forces so as to restore public confidence in potable
19 water which may be affected in such sites.
20

SEC. 14003. EXPANSION OF SKILLBRIDGE INITIATIVE TO IN-

21

CLUDE PARTICIPATION BY FEDERAL AGEN-

22

CIES.

23

(a) MODIFICATION

OF

INITIATIVE

BY

SECRETARY

OF

24 DEFENSE.—The Secretary of Defense, in consultation with
25 the Director of the Office of Personnel Management, shall

† HR 2810 PAP

1250
1 make such modifications to the SkillBridge initiative of the
2 Department of Defense as the Secretary considers appro3 priate to enable Federal agencies to participate in the ini4 tiative as employers and trainers, including the provision
5 of training by Federal agencies under the initiative to
6 transitioning members of the Armed Forces.
7

(b) PARTICIPATION

BY

FEDERAL AGENCIES.—The Di-

8 rector, in consultation with the Secretary, shall take such
9 actions as may be necessary to ensure that each Federal
10 agency participates in the SkillBridge initiative of the De11 partment of Defense as described in subsection (a).
12

(c) TRANSITIONING MEMBERS OF THE ARMED FORCES

13 DEFINED.—In this section, the term ‘‘transitioning member
14 of the Armed Forces’’ means a member of the Armed Forces
15 who is expected to be discharged or released from active
16 duty in the Armed Forces not more than 180 days after
17 the member commences training under the SkillBridge ini18 tiative.

† HR 2810 PAP

1251
1

SEC. 14004. TEMPORARY EXTENSION OF EXTENDED PERIOD

2

OF PROTECTIONS FOR MEMBERS OF UNI-

3

FORMED

4

GAGES, MORTGAGE FORECLOSURE, AND EVIC-

5

TION.

6

SERVICES

RELATING

TO

MORT-

Section 710(d) of the Honoring America’s Veterans

7 and Caring for Camp Lejeune Families Act of 2012 (Public
8 Law 112–154; 50 U.S.C. 3953 note) is amended—
9
10

(1) in paragraph (1), by striking ‘‘December 31,
2017’’ and inserting ‘‘December 31, 2019’’; and

11
12
13

(2) in paragraph (3), by striking ‘‘January 1,
2018’’ and inserting ‘‘January 1, 2020’’.
SEC. 14005. REPORT ON COMPLIANCE WITH RUNWAY CLEAR

14
15

ZONE REQUIREMENTS.

(a) IN GENERAL.—Not later than 270 days after the

16 date of the enactment of this Act, the Secretary of Defense,
17 in consultation with the Service secretaries, shall submit
18 to the congressional defense committees a report on Service
19 compliance with Department of Defense and relevant Serv20 ice policies regarding Department of Defense runway clear
21 zones.
22

(b) ELEMENTS.—The report required under subsection

23 (a) shall include the following elements:
24

(1) A listing of all Department of Defense run-

25

way clear zones in the United States that are not in

26

compliance with Department of Defense and relevant
† HR 2810 PAP

1252
1

Service policies regarding Department of Defense run-

2

way clear zones.

3

(2) A plan for bringing all Department of De-

4

fense runway clear zones in full compliance with these

5

policies, including a description of the resources re-

6

quired to bring these clear zones into policy compli-

7

ance, and for providing restitution for property own-

8

ers.

9

SEC. 14006. LIMITATION ON CANCELLATION OF DESIGNA-

10

TION OF SECRETARY OF THE AIR FORCE AS

11

DEPARTMENT

12

AGENT FOR A CERTAIN DEFENSE PRODUC-

13

TION ACT PROGRAM.

14
15

(a) LIMITATION
TION.—The

ON

OF

DEFENSE

CANCELLATION

EXECUTIVE

OF

DESIGNA-

Secretary of Defense may not implement the de-

16 cision, issued on July 1, 2017, to cancel the designation,
17 under Department of Defense Directive 4400.1E, entitled
18 ‘‘Defense Production Act Programs’’ and dated October 12,
19 2001, of the Secretary of the Air Force as the Department
20 of Defense Executive Agent for the program carried out
21 under title III of the Defense Production Act of 1950 (50
22 U.S.C. 4531 et seq.) until the date specified in subsection
23 (c).
24

(b) DESIGNATION.—The Secretary of the Air Force

25 shall continue to serve as the Department of Defense Execu-

† HR 2810 PAP

1253
1 tive Agent for the program described in subsection (a) until
2 the date specified in subsection (c).
3

(c) DATE SPECIFIED.—The date specified in this sub-

4 section is the earlier of—
5

(1) the date that is two years after the date of

6

the enactment of this Act; or

7

(2) the date of the enactment of a joint resolution

8

or an Act approving the implementation of the deci-

9

sion described in subsection (a).

10

SEC. 14007. REPORT ON THE NATIONAL BIODEFENSE ANAL-

11

YSIS

12

(NBACC) AND LIMITATION ON USE OF FUNDS.

13

(a) REPORT.—Not later than December 31, 2017, the

AND

COUNTERMEASURES

CENTER

14 Secretary of Homeland Security and the Secretary of De15 fense shall jointly submit to the appropriate Congressional
16 committees a report, prepared in consultation with the offi17 cials listed in subsection (b), on the National Biodefense
18 Analysis and Countermeasures Center (referred to in this
19 section as the ‘‘NBACC’’) containing the following informa20 tion:
21

(1) The functions of the NBACC.

22

(2) The end users of the NBACC, including end

23

users whose assets may be managed by other agencies.

24

(3) The cost and mission impact for each user

25

identified under paragraph (2) of any potential clo-

† HR 2810 PAP

1254
1

sure of the NBACC, including an analysis of the func-

2

tions of the NBACC that cannot be replicated by other

3

departments and agencies of the Federal Government.

4

(4) In the case of closure of the NBACC, a tran-

5

sition plan for any essential functions currently per-

6

formed by the NBACC to ensure mission continuity,

7

including the storage of samples needed for ongoing

8

criminal cases.

9

(b) CONSULTATION.—The officials listed in this sub-

10 section are the following:
11
12

(1) The Director of the Federal Bureau of Investigation.

13

(2) The Attorney General.

14

(3) The Director of National Intelligence.

15

(4) As determined by the Secretary of Homeland

16

Security, the leaders of other offices that utilize the

17

NBACC.

18

(c) FORM.—The report submitted under subsection (a)

19 shall be submitted in unclassified form, but may contain
20 a classified annex.
21
22

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For

purposes of this section, the term ‘‘appropriate

23 Congressional Committees’’ means—
24
25

(1) the Committee on Appropriations of the Senate;

† HR 2810 PAP

1255
1
2

(2) the Committee on Appropriations of the
House of Representatives;

3
4
5
6
7
8
9
10

(3) the Committee on Armed Services of the Senate;
(4) the Committee on Armed Services of the
House of Representatives;
(5) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(6) the Committee on Homeland Security of the
House of Representatives;

11

(7) the Committee on Judiciary of the Senate;

12

(8) the Committee on the Judiciary of the House

13
14
15
16
17
18

of Representatives;
(9) the Committee on Oversight and Government
Reform of the House of Representatives;
(10) the Select Committee on Intelligence of the
Senate; and
(11) the Permanent Select Committee on Intel-

19

ligence of the House of Representatives.

20

(e) TRANSITION PERIOD.—The report submitted under

21 subsection (a) shall include a transition adjustment period
22 of not less than 1 year after the date of enactment of this
23 Act, or 180 days after the date on which the report required
24 in under this section is submitted to Congress, whichever
25 is later, during which none of the funds authorized to be

† HR 2810 PAP

1256
1 appropriated under this Act or any other Act may be used
2 to support the closure, transfer, or other diminishment of
3 the NBACC or its functions.
4

SEC. 14008. BUY AMERICAN ACT TRAINING FOR DEFENSE

5
6

ACQUISITION WORKFORCE.

(a) FINDING.—Congress finds that the Inspector Gen-

7 eral of the Department of Defense has issued a series of re8 ports finding deficiencies in the adherence to the provisions
9 of the Buy American Act and recommending improvements
10 in training for the Defense acquisition workforce.
11

(b) REPORT.—

12

(1) IN

GENERAL.—Not

later than one year after

13

the date of the enactment of this Act, the Comptroller

14

General of the United States shall submit to the con-

15

gressional defense committees a report evaluating Buy

16

American training policies for the Defense acquisition

17

workforce.

18
19

(2) ELEMENTS.—The report shall include the following elements:

20

(A) A summary and assessment of man-

21

dated training courses for Department of Defense

22

acquisition personnel responsible for procuring

23

items that are subject to the Berry Amendment

24

and Buy American Act.

† HR 2810 PAP

1257
1

(B) Options for alternative training models

2

for contracting personnel on Buy American and

3

Berry Amendment requirements.

4

SEC. 14009.

5

In the funding table in section 4301, in the item

6

relating to Environmental Restoration, Air Force, in-

7

crease the amount in the Senate Authorized column

8

by $20,000,000.

9

In the funding table in section 4301, in the item

10

relating to Subtotal Environmental Restoration, Air

11

Force, increase the amount in the Senate Authorized

12

column by $20,000,000.

13

In the funding table in section 4301, in the item

14

relating to Total Miscellaneous Appropriations, in-

15

crease the amount in the Senate Authorized column

16

by $20,000,000.

17

In the funding table in section 4301, in the item

18

relating to Undistributed, Line number 999, reduce

19

the amount in the Senate Authorized column by

20

$20,000,000.

21

In the funding table in section 4301, in the item

22

relating to Fuel Savings, increase the amount of the

23

reduction indicated in the Senate Authorized column

24

by $20,000,000.

† HR 2810 PAP

1258
1

In the funding table in section 4301, in the item

2

relating to Subtotal Undistributed, reduce the amount

3

in the Senate Authorized column by $20,000,000.

4

In the funding table in section 4301, in the item

5

relating to Total Undistributed, reduce the amount in

6

the Senate Authorized column by $20,000,000.

7

SEC. 14010. RECOGNITION OF THE NATIONAL MUSEUM OF

8
9

WORLD WAR II AVIATION.

(a) RECOGNITION.—The National Museum of World

10 War II Aviation in Colorado Springs, Colorado, is recog11 nized as America’s National World War II Aviation Mu12 seum.
13

(b) EFFECT

OF

RECOGNITION.—The National Museum

14 recognized by this section is not a unit of the National Park
15 System, and the recognition of the National Museum shall
16 not be construed to require or permit Federal funds to be
17 expended for any purpose related to the National Museum.
18

SEC. 14011. INCREASED TERM LIMIT FOR INTERGOVERN-

19

MENTAL SUPPORT AGREEMENTS TO PROVIDE

20

INSTALLATION SUPPORT SERVICES.

21

Section 2679(a)(2)(A) of title 10, United States Code,

22 is amended by striking ‘‘five years’’ and inserting ‘‘ten
23 years.’’

† HR 2810 PAP

1259
1

SEC. 14012. REPORT ON UTILIZATION OF SMALL BUSI-

2
3

NESSES FOR FEDERAL CONTRACTS.

(a) FINDINGS.—Congress finds that—

4

(1) since the passage of the Budget Control Act

5

of 2011 (Public Law 112–25; 125 Stat. 240), many

6

Federal agencies have started favoring longer-term

7

Federal contracts, including multiple award con-

8

tracts, over direct individual awards;

9

(2) these multiple award contracts have grown to

10

more than one-fifth of Federal contract spending, with

11

the fastest growing multiple award contracts sur-

12

passing $100,000,000 in obligations for the first time

13

between 2013 and 2014;

14

(3) in fiscal year 2017, 17 of the 20 largest Fed-

15

eral contract opportunities are multiple award con-

16

tracts;

17

(4) while Federal agencies may choose to use any

18

or all of the various socio-economic groups on a mul-

19

tiple award contract, the Small Business Administra-

20

tion

21

through the small business procurement scorecard and

22

does not examine potential opportunities by those

23

groups; and

only

examines

socio-economic

performance

24

(5) Congress and the Department of Justice have

25

been clear that no individual socio-economic group

26

shall be given preference over another.
† HR 2810 PAP

1260
1
2
3
4
5

(b) DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Administrator of the Small Business Administration;
(2) the term ‘‘covered small business concerns’’
means—

6

(A) HUBZone small business concerns;

7

(B) small business concerns owned and con-

8

trolled by service-disabled veterans;

9
10

(C) small business concerns owned and controlled by women; and

11

(D) socially and economically disadvan-

12

taged small business concerns, as defined in sec-

13

tion 8(a)(4)(A) of the Small Business Act (15

14

U.S.C. 637(a)(4)(A)), receiving assistance under

15

such section 8(a); and

16

(3) the terms ‘‘HUBZone small business con-

17

cern’’, ‘‘small business concern’’, ‘‘small business con-

18

cern owned and controlled by service-disabled vet-

19

erans’’, and ‘‘small business concern owned and con-

20

trolled by women’’ have the meanings given those

21

terms in section 3 of the Small Business Act (15

22

U.S.C. 632).

23

(c) REPORT.—

24

(1) IN

25

GENERAL.—Not

later than 180 days after

the date of enactment of this Act, the Administrator

† HR 2810 PAP

1261
1

shall submit to the Committee on Small Business and

2

Entrepreneurship of the Senate and the Committee on

3

Small Business of the House of Representatives a re-

4

port that includes—

5

(A) a determination as to whether small

6

business concerns and each category of covered

7

small business concerns described in subpara-

8

graphs (A) through (D) of subsection (b)(2) are

9

being utilized in a significant portion of the

10

Federal market on multiple award contracts, in-

11

cluding—

12

(i) whether awards are being reserved

13

for 1 or more of those categories; and

14

(ii) whether each such category is being

15

given the opportunity to perform on mul-

16

tiple award contracts;

17

(B) a determination as to whether perform-

18

ance requirements for multiple award contracts,

19

as in effect on the day before the date of enact-

20

ment of this Act, are feasible and appropriate for

21

small business concerns; and

22

(C) any additional information as the Ad-

23

ministrator may determine necessary.

24

(2) REQUIREMENT.—In making the determina-

25

tions required under paragraph (1), the Adminis-

† HR 2810 PAP

1262
1

trator shall use information from multiple award

2

contracts—

3

(A) with varied assigned North American

4

Industry Classification System codes; and

5

(B) that were awarded by not less than 8

6
7

Federal agencies.
SEC. 14013. VENUE FOR PROSECUTION OF MARITIME DRUG

8
9

TRAFFICKING.

(a) IN GENERAL.—Section 70504(b) of title 46, United

10 States Code, is amended to read as follows:
11

‘‘(b) VENUE.—A person violating section 70503 or

12 70508—
13
14

‘‘(1) shall be tried in the district in which such
offense was committed; or

15

‘‘(2) if the offense was begun or committed upon

16

the high seas, or elsewhere outside the jurisdiction of

17

any particular State or district, may be tried in any

18

district.’’.

19

(b) CONFORMING AMENDMENT.—Section 1009(d) of

20 the Controlled Substances Import and Export Act (21
21 U.S.C. 959(d)) is amended—
22
23

(1) in the subsection title, by striking ‘‘;
VENUE’’; and

24

(2) by striking ‘‘Any person who violates this

25

section shall be tried in the United States district

† HR 2810 PAP

1263
1

court at the point of entry where such person enters

2

the United States, or in the United States District

3

Court for the District of Columbia.’’.

4

SEC. 14014. SENSE OF CONGRESS ON FIRE PROTECTION IN

5
6

DEPARTMENT OF DEFENSE FACILITIES.

It is the sense of Congress that—

7

(1) portable fire extinguishers are essential to the

8

safety of members of the Armed Forces and their fam-

9

ilies;

10

(2) the current United Facilities Criteria could

11

be updated to ensure it provides members of the

12

Armed Forces, their families, and other Department

13

of Defense personnel with the most modern fire protec-

14

tion standards that are met by their civilian counter-

15

parts, including requiring portable fire extinguishers

16

on military installations;

17

(3) United Facilities Criteria 3–600–01, Section

18

4–9, dated September 26, 2006, addresses the national

19

and international standards for fire safety and De-

20

partment of Defense Facilities; and

21

(4) the Secretary of Defense should consider

22

amending the current United Facilities Criteria Sec-

23

tion 9–17.1 to address the standards outlined by

24

United Facilities Criteria 3–600–01, Section 4–9,

25

dated September 26, 2006.

† HR 2810 PAP

1264
1

SEC. 14015.

2

In the funding table in section 4101, in the item

3

relating to Littoral Combat Ship, increase the

4

amount

5

$600,000,000.

in

the

Senate

Authorized

column

by

6

In line 999 of the funding table in section 4301,

7

in the item relating to Fuel Savings, increase the re-

8

duction by $600,000,000.
Attest:

Secretary.

† HR 2810 PAP

115TH CONGRESS
1ST SESSION

H.R. 2810

AMENDMENT
SEPTEMBER 18, 2017
Ordered to be printed as passed