528 
† HR 2810 PAP
(I) Current and projected capabilities of 
other Armed Forces that could affect force struc-
ture capability and capacity requirements of the 
Air Force. 
(d) STUDY RESULTS.—The results of each study under 
this section shall— 
(1) identify a force-sizing construct for the Air 
Force that connects national security strategy to air-
craft inventories; 
(2) present the alternative aircraft inventories 
considered, with assumptions and possible scenarios 
identified for each; 
(3) provide for presentation of minority views of 
study participants; and 
(4) for the recommended inventories, provide— 
(A) the numbers and types of aircraft, the 
numbers and types of manned and unmanned 
aircraft, and the basic capabilities of each of 
such platforms; 
(B) describe the force-sizing rationale used 
to arrive at the recommended inventory levels; 
(C) other information needed to understand 
the aircraft inventories in basic form and the 
supporting analysis; and
529 
† HR 2810 PAP
(D) options to address aircraft types whose 
retirement commences before 2030. 
SEC. 1066. PLAN AND RECOMMENDATIONS FOR INTER-
AGENCY VETTING OF FOREIGN INVESTMENTS 
WITH POTENTIAL IMPACTS ON NATIONAL DE-
FENSE AND NATIONAL SECURITY. 
(a) PLAN AND RECOMMENDATIONS REQUIRED.—The 
Secretary of Defense shall, in consultation with the Sec-
retary of State and the Secretary of Treasury, assess and 
develop a plan, and recommendations for agencies of the 
United States Government other than the Department of 
Defense, to improve the effectiveness of interagency vetting 
of foreign investments that could potentially impair both 
the national security of the United States and the ability 
of the Department to defend the nation, specifically invest-
ments from nations that pose threats to the national secu-
rity interests of the United States. 
(b) OBJECTIVES.—The assessment, plan, and rec-
ommendations required by subsection (a) shall have the fol-
lowing objectives: 
(1) To increase collaboration and coordination 
among the Department of Defense and other agencies 
of the United States Government, including the Direc-
tor of National Intelligence, in the identification and 
prevention of foreign investments that could poten-
530 
† HR 2810 PAP
tially impair the national security of the United 
States and the ability of the Department to defend the 
nation. 
(2) To increase collaboration and cooperation 
among the United States Government and govern-
ments of United States allies and partners on invest-
ments described in paragraph (1), including through 
information sharing. 
(3) To restrict investments described in para-
graph (1) by countries of special concern in critical 
technologies and emerging technologies that are 
foundational for maintaining the United States tech-
nological advantage. 
(c) ANALYSIS OF ISSUES.—The plan and recommenda-
tions required by subsection (a) shall be based upon the re-
sults of an analysis of issues as follows: 
(1) Whether the current interagency vetting proc-
esses and policies place adequate focus on the country 
of origin of each transaction, particularly when it is 
a country of special concern, and whether certain 
transactions emanating from those countries should be 
presumed to pose certain risks to the ability of the 
Department to defend the nation. 
(2) What are the current or projected major 
vulnerabilities of the Department pertaining to for-
531 
† HR 2810 PAP
eign investment, including in the areas of cybersecu-
rity, reliance on foreign suppliers in the supply chain 
for defense equipment, limitations on access to certain 
materials that are essential for national defense, and 
the use of transportation assets and other critical in-
frastructure for training, mobilizing, and deploying 
forces. 
(3) Whether the current interagency vetting proc-
ess for foreign investments— 
(A) requires additional resources in order to 
be effective; 
(B) permits the Department adequate time 
to thoroughly review transactions to conduct na-
tional security threat assessments and also deter-
mine the impacts of transactions on national de-
fense; 
(C) adequately takes into account risks to 
the ability of the Department to defend the na-
tion posed by transactions before attempting to 
mitigate them in various ways; and 
(D) provides adequate monitoring and com-
pliance of agreements to mitigate such risks. 
(4) Whether other agencies of the United States 
Government, including the Department of the Inte-
rior, are aware of the counterintelligence risks posed
532 
† HR 2810 PAP
to facilities of the Department by purchases or leases 
of nearby Federal land and are cooperative in pro-
viding information to permit a proper assessment of 
those risks. 
(5) Whether and to what extent industrial espio-
nage is occurring against private United States com-
panies to obtain commercial secrets related to critical 
or foundational technologies. 
(6) Whether and to what extent future foreign in-
vestments have the potential for any of the following: 
(A) To increase the cost to the Department 
of acquiring or maintaining necessary defense- 
related equipment and systems. 
(B) To reduce the United States techno-
logical and industrial advantage relative to any 
country of special concern. 
(C) To give any country of special concern 
a heightened ability to conduct information war-
fare against the United States, including through 
the spread false or misleading information to the 
American public and the manipulation of Amer-
ican public opinion on critical public policy 
issues.
533 
† HR 2810 PAP
(7) Whether currently mandated annual reports 
to Congress on the interagency vetting of foreign in-
vestments provide valuable information. 
(d) ELEMENTS.—The elements of the assessment, plan, 
and recommendations required by subsection (a) shall in-
clude the following: 
(1) A list of countries of special concern for in-
vestments that could potentially impair the ability of 
the Department to defend the nation. 
(2) A description of recent trends in foreign in-
vestment transactions by countries of special concern, 
including joint ventures, the sale of assets pursuant to 
bankruptcy, and the purchase or lease of real estate 
in proximity to military installations. 
(3) A description of any strategies used by coun-
tries of special concern to exploit vulnerabilities in 
existing foreign investment vetting processes and reg-
ulations. 
(4) An assessment of any market distortion or 
unfair competition by any country of special concern 
that directly or indirectly impairs the national secu-
rity or the United States and the ability of the De-
partment to defend the nation. 
(e) REPORTS.—
534 
† HR 2810 PAP
(1) INTERIM REPORT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a report on the progress of the Secretary 
in developing the plan and recommendations required 
by subsection (a). 
(2) FINAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the committees of Congress re-
ferred to in paragraph (1) a report setting forth the 
plan and recommendations developed pursuant to 
subsection (a). 
(3) FORM.—Each report under this subsection 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
SEC. 1067. REPORT ON AUTHORITIES FOR THE EMPLOY-
MENT, 
USE, 
AND 
STATUS 
OF 
NATIONAL 
GUARD AND RESERVE TECHNICIANS. 
(a) IN GENERAL.—Not later than April 1, 2018, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report setting forth the results of a review, under-
taken by the Secretary for purposes of the report, of the fol-
lowing:
536 
† HR 2810 PAP
sult with the Chief of the National Guard Bureau, the Chief 
of Army Reserve, the Chief of Air Force Reserve, and rep-
resentatives of National Guard and Reserve technicians (in-
cluding collective bargaining representatives of such techni-
cians). 
(d) INCLUSION
OF RECENT AUTHORITIES
IN RE-
VIEW.—The Secretary shall ensure that the review required 
pursuant to subsection (a) takes into account authorities, 
and modifications of authorities, for the employment, use, 
and status of National Guard and Reserve technicians in 
the National Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92) and the National Defense Au-
thorization Act for Fiscal Year 2017 (Public Law 114–328). 
(e) REQUIRED ELEMENTS.—In meeting the purposes 
of the review as set forth in subsection (b), the review re-
quired pursuant to subsection (a) shall address, in par-
ticular, the following: 
(1) The extent to which National Guard and Re-
serve technicians are assigned military duties incon-
sistent with, or of a different nature than, their civil-
ian duties, the impact of such assignments on unit 
readiness, and the effect of such assignments on the 
career progression of technicians. 
(2) The use by the Department of Defense (espe-
cially within the National Guard) of selective reten-
537 
† HR 2810 PAP
tion boards to separate National Guard and Reserve 
technicians from military service (with the effect of 
thereby separating them from civilian service) before 
they accrue a full, unreduced retirement annuity in 
connection with Federal civilian service, and whether 
that use is consistent with the authority in section 
10216(f) of title 10, United States Code, that techni-
cians be permitted to remain in service past their 
mandatory separation date until they qualify for an 
unreduced retirement annuity. 
(3) The feasibility and advisability of extending 
eligibility for benefits under the TRICARE program 
to National Guard and Reserve technicians, including 
the types, if any, of benefits whose extension would be 
feasible and advisable. 
(4) The impact on recruitment and retention, 
and the budgetary impact, of permitting National 
Guard and Reserve technicians who receive an enlist-
ment incentive before becoming a technician to retain 
such incentive upon becoming a technician. 
(f) REPORT ELEMENTS.—The report required by sub-
section (a) shall include the following: 
(1) The results of the review undertaken pursu-
ant to subsection (a), including on the matters set 
forth in subsections (b) and (e).
538 
† HR 2810 PAP
(2) Such recommendations for legislative or ad-
ministrative action as the Secretary considers appro-
priate in light of the review in order to improve and 
enhance the employment, use, and status of National 
Guard and Reserve technicians. 
SEC. 1068. CONFORMING REPEALS AND TECHNICAL AMEND-
MENTS IN CONNECTION WITH REPORTS OF 
THE DEPARTMENT OF DEFENSE WHOSE SUB-
MITTAL 
TO 
CONGRESS 
HAS 
PREVIOUSLY 
BEEN TERMINATED BY LAW. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) Section 113(c) is amended— 
(A) by striking paragraph (2); 
(B) by striking ‘‘(1)’’; and 
(C) by redesignating subparagraphs (A), 
(B), and (C) as paragraphs (1), (2), and (3), re-
spectively. 
(2) Section 113 is further amended by striking 
subsection (l). 
(3)(A) Section 115a is repealed. 
(B) The table of sections at the beginning of 
chapter 2 is amended by striking the item relating to 
section 115a.
539 
† HR 2810 PAP
(4) Section 386(c)(1) is amended by striking 
‘‘331,’’. 
(5)(A) Section 235 is repealed. 
(B) The table of sections at the beginning of 
chapter 9 is amended by striking the item relating to 
section 235. 
(6) Section 428 is amended by striking sub-
section (f). 
(7) Section 974(d) is amended by striking para-
graph (3). 
(8) Section 1073b is amended— 
(A) by striking subsection (a); and 
(B) by redesignating subsections (b) and (c) 
as subsections (a) and (b), respectively. 
(9) Section 1597 is amended— 
(A) by striking subsection (c); 
(B) by redesignating subsections (d), (e), 
and (f) as subsections (c), (d), and (e), respec-
tively; and 
(C) in subsection (c), as redesignated by 
subparagraph (B), by striking ‘‘or a master plan 
prepared under subsection (c)’’. 
(10) Section 1705 is amended— 
(A) by striking subsection (f); and
540 
† HR 2810 PAP
(B) by redesignating subsections (g) and (h) 
as subsections (f) and (g), respectively. 
(11) Section 1722b is amended by striking sub-
section (c). 
(12) Section 1781b is amended by striking sub-
section (d). 
(13) Section 2193b is amended— 
(A) by striking subsection (g); and 
(B) by redesignating subsection (h) as sub-
section (g). 
(14) Section 2262 is amended by striking sub-
section (d). 
(15) Section 2263 is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsection (c) as sub-
section (b). 
(16)(A) Section 2277 is repealed. 
(B) The table of sections at the beginning of 
chapter 135 is amended by striking the item relating 
to section 2277. 
(17) Section 2306b(l) is amended— 
(A) by striking paragraphs (4) and (5); and 
(B) by redesignating paragraphs (6), (7), 
(8), and (9) as paragraphs (4), (5), and (6), and 
(7), respectively.
541 
† HR 2810 PAP
(18)(A) Section 2313a is repealed. 
(B) The table of sections at the beginning of 
chapter 137 is amended by striking the item relating 
to section 2313a. 
(19) Section 2330a is amended by striking sub-
section (c). 
(20) Section 2350j is amended by striking sub-
section (f). 
(21) Section 2410i(c) is amended by striking the 
second sentence. 
(22) Section 2475 is amended— 
(A) by striking subsection (a); and 
(B) by striking ‘‘(b) NOTIFICATION OF DE-
CISION TO EXECUTE PLAN.—’’. 
(23) Section 2506 is amended— 
(A) by striking ‘‘(a) DEPARTMENTAL GUID-
ANCE.—’’; and 
(B) by striking subsection (b). 
(24) Section 2537 is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsection (c) as sub-
section (b). 
(25) Section 2564 is amended— 
(A) by striking subsection (e); and
542 
† HR 2810 PAP
(B) by redesignating subsections (f) and (g) 
as subsection (e) and (f), respectively. 
(26) Section 2831 is amended— 
(A) by striking subsection (e); 
(B) by redesignating subsection (f) as sub-
section (e); and 
(C) in subsection (e), as so redesignated— 
(i) by striking ‘‘(1) Except as provided 
in paragraphs (2) and (3), the Secretary’’ 
and inserting ‘‘The Secretary’’; 
(ii) by striking paragraphs (2) and 
(3); and 
(iii) by redesignating subparagraphs 
(A) and (B) as paragraphs (1) and (2), re-
spectively. 
(27) Section 2859 is amended— 
(A) by striking subsection (c); and 
(B) by redesignating subsection (d) as sub-
section (c). 
(28) Section 2861 is amended by striking sub-
section (d). 
(29) Section 2866(b) is amended by striking 
paragraph (3). 
(30) Section 2912 is amended by striking sub-
section (d).
543 
† HR 2810 PAP
(31)(A) Section 4316 is repealed. 
(B) The table of sections at the beginning of 
chapter 401 is amended by striking the item relating 
to section 4316. 
(32) Section 5144(d) is amended— 
(A) by striking ‘‘(1)’’ before ‘‘The Com-
mander’’; and 
(B) by striking paragraph (2). 
(33) Section 10504 is amended— 
(A) by striking ‘‘(a) ANNUAL REPORT.—’’; 
and 
(B) by striking subsection (b). 
(b) TITLE 32, UNITED STATES CODE.—Section 509 of 
title 32, United States Code, is amended— 
(1) by striking subsection (k); and 
(2) by redesignating subsections (l) and (m) as 
subsections (k) and (l), respectively. 
(c) TITLE
5, UNITED
STATES
CODE.—Section 
9902(f)(2) of title 5, United States Code, is amended— 
(1) by striking ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by striking subparagraphs (B) and (C). 
(d) DEPARTMENT OF DEFENSE AUTHORIZATION ACT, 
1985.—Section 1003 of the Department of Defense Author-
ization Act, 1985 (Public Law 98–525; 22 U.S.C. 1928 
note) is amended by striking subsections (c) and (d).
544 
† HR 2810 PAP
(e) NATIONAL DEFENSE AUTHORIZATION ACT, FISCAL 
YEAR 1989.—Subsection (b) of section 1009 of the National 
Defense Authorization Act, Fiscal Year 1989 (Public Law 
100–456; 22 U.S.C. 1928 note) is repealed. 
(f) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEARS 1990 AND 1991.—Section 211 of the Na-
tional Defense Authorization Act for Fiscal Years 1990 and 
1991 (Public Law 101–189; 103 Stat. 1394) is amended 
by striking subsection (e). 
(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1991.—Section 1518 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101– 
510; 24 U.S.C. 418) is amended— 
(1) in subsection (c)(1), by striking ‘‘Congress 
and’’ in the second sentence; and 
(2) in subsection (e)— 
(A) by striking paragraph (2); 
(B) by striking ‘‘(1)’’ before ‘‘Not later 
than’’; and 
(C) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2), respectively. 
(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1994.—Section 1603 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103–
545 
† HR 2810 PAP
160; 22 U.S.C. 2751 note) is amended by striking subsection 
(d). 
(i) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 1995.—Section 533 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103– 
337; 10 U.S.C. 113 note) is repealed. 
(j) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2000.—Section 366 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106– 
65; 10 U.S.C. 113 note) is amended by striking subsection 
(f). 
(k) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2002.—The National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107) is amended 
as follows: 
(1) Section 346 (115 Stat. 1062) is amended— 
(A) by striking subsections (b) and (c); and 
(B) by redesignating subsection (d) as sub-
section (b). 
(2) Section 1008(d) (10 U.S.C. 113 note) is 
amended— 
(A) by striking ‘‘(1)’’ before ‘‘On each’’; and 
(B) by striking paragraph (2). 
(l) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2003.—Section 817 of the Bob Stump Na-
546 
† HR 2810 PAP
tional Defense Authorization Act for Fiscal Year 2003 (Pub-
lic Law 107–314; 10 U.S.C. 2306a note) is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection 
(d). 
(m) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2004.—Section 1022 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108– 
136; 10 U.S.C. 271 note) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
(n) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2006.—The National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163) is amended 
as follows: 
(1) Section 123 (119 Stat. 3157) is amended— 
(A) by striking subsection (d); and 
(B) by redesignating subsection (e) as sub-
section (d). 
(2) Section 218(c) (119 Stat. 3171) is amended 
by striking paragraph (3). 
(3) Section 1224 (10 U.S.C. 113 note) is re-
pealed.
547 
† HR 2810 PAP
(o) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2007.—Section 357 of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109–364; 22 U.S.C. 4865 note) is amended— 
(1) by striking ‘‘(a) RECONCILIATION
RE-
QUIRED.—’’; and 
(2) by striking subsection (b). 
(p) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2008.—The National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181) is amended 
as follows: 
(1) Section 328 (10 U.S.C. 4544 note) is amend-
ed 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-
pealed. 
(q) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2009.—The Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417) is amended as follows: 
(1) Section 943 (122 Stat. 4578) is amended— 
(A) by striking subsection (e); and
548 
† HR 2810 PAP
(B) by redesignating subsections (f), (g), 
and (h) as subsections (e), (f), and (g), respec-
tively. 
(2) Section 1014 (122 Stat. 4586) is amended by 
striking subsection (c). 
(3) Section 1048 (122 Stat. 4603) is repealed. 
(r) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2010.—Section 121 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2211) is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection 
(e). 
(s) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2011.—The Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383) 
is amended as follows: 
(1) Section 112(b) (124 Stat. 4153) is amend-
ed— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraph (4) as 
paragraph (3). 
(2) Section 243 (10 U.S.C. 2358 note) is amend-
ed— 
(A) by striking subsection (c); and
549 
† HR 2810 PAP
(B) by redesignating subsections (d) and (e) 
as subsections (c) and (d), respectively. 
(3) Section 866(d) (10 U.S.C. 2302 note) is 
amended— 
(A) by striking ‘‘(d) REPORTS.—’’ and all 
that follows through ‘‘(2) PROGRAM
ASSESS-
MENT.—If the Secretary’’ and inserting the fol-
lowing: 
‘‘(d) PROGRAM ASSESSMENT.—If the Secretary’’; and 
(B) by redesignating subparagraphs (A), 
(B), and (C) as paragraphs (1), (2), and (3), re-
spectively, and indenting the left margin of such 
paragraphs, as so redesignated, two ems from the 
left margin. 
(4) Section 1054 (10 U.S.C. 113 note) is re-
pealed. 
(t) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2012.—The National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81) is amended 
as follows: 
(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— 
(A) by striking subsection (n); and
550 
† HR 2810 PAP
(B) by redesignating subsections (o) and (p) 
as subsections (n) and (o), respectively. 
(3) Section 2828 (10 U.S.C. 7291 note) is 
amended— 
(A) by striking ‘‘(a) METERING
RE-
QUIRED.—’’; 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 
FISCAL YEAR 2013.—The National Defense Authorization 
Act for Fiscal Year 2013 (Public Law 112–239) is amended 
as follows: 
(1) Section 126 (126 Stat. 1657) is amended— 
(A) by striking ‘‘(a) DESIGNATION RE-
QUIRED.—’’; 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— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively.
551 
† HR 2810 PAP
(4) Section 738(e) (10 U.S.C. 1071 note) is 
amended— 
(A) by striking ‘‘REPORTS REQUIRED.—’’ 
and all that follows through ‘‘Not later than’’ 
and inserting ‘‘REPORT.—Not later than’’; and 
(B) by striking paragraph (2). 
(5) Section 865 (126 Stat. 1861) is repealed. 
(6) Section 917 (126 Stat. 1878) is repealed. 
(7) Subsection (c) of section 921 (126 Stat. 
1878) is repealed. 
(8) Subsection (c) of section 1079 (10 U.S.C. 221 
note) is repealed. 
(9) Section 1211(d) (126 Stat. 1983) is amend-
ed— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraph (4) as 
paragraph (3). 
(10) Section 1273 (22 U.S.C. 2421f) is amend-
ed— 
(A) by striking subsection (d); and 
(B) by redesignating subsection (e) as sub-
section (d). 
(11) Section 1276 (10 U.S.C. 2350c note) is 
amended— 
(A) by striking subsection (e); and
552 
† HR 2810 PAP
(B) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively. 
(v) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2014.—The National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66) is amended 
as follows: 
(1) Section 907(c)(3) (10 U.S.C. 1564 note) is 
amended— 
(A) by striking ‘‘METRICS.—’’ and all that 
follows through ‘‘In developing the strategy’’ and 
inserting ‘‘METRICS.—In developing the strat-
egy’’; and 
(B) by striking subparagraph (B). 
(2) Section 923 (10 U.S.C. prec. 421 note) is 
amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsections (c), (d), 
and (e) as subsections (b), (c), and (d), respec-
tively. 
(3) Section 1249 (127 Stat. 925) is repealed. 
(4) Section 1611 (127 Stat. 947) is amended by 
striking subsection (d). 
(5) Section 2916 (127 Stat. 1028) is amended— 
(A) by striking ‘‘(a) PROGRAM OF DECON-
TAMINATION REQUIRED.—’’; and
553 
† HR 2810 PAP
(B) by striking subsection (b). 
(w) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2015.—The Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291) is amended as fol-
lows: 
(1) Section 232 (10 U.S.C. 2358 note) is amend-
ed— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively. 
(2) Section 914(d) (5 U.S.C. 5911 note) is 
amended— 
(A) by striking paragraphs (2) and (3); and 
(B) by redesignating paragraph (4) as 
paragraph (2). 
(3) Section 1052(b) (128 Stat. 3497) is amend-
ed— 
(A) by striking paragraph (2); 
(B) by striking ‘‘REPORTS REQUIRED.—’’ 
and all that follows through ‘‘Not later than’’ 
and inserting ‘‘REPORT.—Not later than’’; and 
(C) by redesignating subparagraphs (A), 
(B), and (C) as paragraphs (1), (2), and (3) and
554 
† HR 2810 PAP
indenting the left margin of such paragraphs, as 
so redesignated, two ems from the left margin. 
(4) Section 1207 (10 U.S.C. 2342 note) is 
amended— 
(A) by striking subsection (d); and 
(B) by redesignating subsections (e) and (f) 
as subsections (d) and (e), respectively. 
(5) Section 1209 (128 Stat. 3542) is amended by 
striking subsection (d). 
(6) Section 1236 (128 Stat. 3559) is amended by 
striking subsection (d). 
(7) Section 1325 (50 U.S.C. 3715) is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively. 
(8) Section 1341 (50 U.S.C. 3741) is repealed. 
(9) Section 1342 (50 U.S.C. 3742) is repealed. 
(10) Section 1532(b) (128 Stat. 3613) is amend-
ed by striking paragraph (5). 
(11) Section 1534 (128 Stat. 3616) is amend-
ed— 
(A) by striking subsection (g); and 
(B) by redesignating subsection (h) as sub-
section (g).
555 
† HR 2810 PAP
(12) Section 1607 (128 Stat. 3625) is amend-
ed— 
(A) by striking subsection (b); 
(B) by redesignating subsections (c) and (d) 
as subsections (b) and (c), respectively; and 
(C) in subsection (c), as redesignated by 
subparagraph (B), by striking ‘‘requirements 
under subsections (a) and (b)’’ and inserting 
‘‘requirement in subsection (a)’’. 
(x) INTELLIGENCE REFORM AND TERRORISM PREVEN-
TION ACT OF 2004.—Section 3002(c) of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (50 U.S.C. 
3343(c)) is amended by striking paragraph (4). 
SEC. 1069. ANNUAL REPORTS ON APPROVAL OF EMPLOY-
MENT OR COMPENSATION OF RETIRED GEN-
ERAL OR FLAG OFFICERS BY FOREIGN GOV-
ERNMENTS FOR EMOLUMENTS CLAUSE PUR-
POSES. 
(a) ANNUAL REPORTS.—Section 908 of title 37, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(d) ANNUAL REPORTS ON APPROVALS FOR RETIRED 
GENERAL AND FLAG OFFICERS.—(1) Not later than Janu-
ary 31 each year, the Secretaries of the military depart-
ments shall jointly submit to the appropriate committees
556 
† HR 2810 PAP
and Members of Congress a report on each approval under 
subsection (b) for employment or compensation described in 
subsection (a) for a retired member of the armed forces in 
a general or flag officer grade that was issued during the 
preceding year. 
‘‘(2) In this subsection, the appropriate committees 
and Members of Congress are— 
‘‘(A) the Committee on Armed Services, the Com-
mittee on Foreign Relations, and the Committee on 
Appropriations of the Senate; 
‘‘(B) the Committee on Armed Services, the Com-
mittee on Foreign Affairs, and the Committee on Ap-
propriations of the House of Representatives; 
‘‘(C) the Majority Leader and the Minority 
Leader of the Senate; and 
‘‘(D) the Speaker of the House of Representatives 
and the Minority Leader of the House of Representa-
tives.’’. 
(b) SCOPE OF FIRST REPORT.—The first report sub-
mitted pursuant to subsection (d) of section 908 of title 37, 
United States Code (as added by subsection (a) of this sec-
tion), after the date of the enactment of this Act shall cover 
the five-year period ending with the year before the year 
in which such report is submitted.
557 
† HR 2810 PAP
SEC. 1070. ANNUAL REPORT ON CIVILIAN CASUALTIES IN 
CONNECTION WITH UNITED STATES MILI-
TARY OPERATIONS. 
(a) ANNUAL REPORT REQUIRED.—Not later than May 
1 each year, the Secretary of Defense shall submit to the 
congressional defense committees a report on civilian cas-
ualties caused as a result of United States military oper-
ations during the preceding year. 
(b) ELEMENTS.—Each report under subsection (a) 
shall set forth the following: 
(1) A list of all the United States military oper-
ations during the year covered by such report that 
were confirmed to have resulted in civilian casualties. 
(2) For each military operation listed pursuant 
to paragraph (1), the following: 
(A) The date. 
(B) The location. 
(C) The type of operation. 
(D) The confirmed number of civilian cas-
ualties. 
(c) FORM.—Each report under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(d) SUNSET.—The requirement to submit a report 
under subsection (a) shall expire on the date that is five 
years after the date of the enactment of this Act.
558 
† HR 2810 PAP
SEC. 1071. REPORT ON LARGE-SCALE, JOINT EXERCISES IN-
VOLVING THE AIR AND LAND DOMAINS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) General Milley has stated that the Army 
would experience ‘‘High Military Risk’’ against 
emerging threats or great power conflict. 
(2) General Goldfein has stated that ‘‘for 15 con-
secutive years, the Army’s been decisively committed 
to Iraq and Afghanistan and other counter terrorist, 
counter insurgency type operations. In order to do 
that, [the Air Force] essentially came off of a core 
warfare fighting skills of combined arms maneuver 
against a near peer or a higher end threat’’. 
(3) The United States has grown accustomed to 
technological supremacy and weapons overmatch to 
deter and defeat potential adversaries. 
(4) The Department of Defense conducts several 
large-scale, joint exercises that stress interoperability 
in contested air and sea domains, including the VAL-
IANT SHIELD, NORTHERN EDGE, and RIMPAC 
exercises, yet few large-scale, joint Army and Air 
Force exercises exist to stress interoperability in con-
tested air and land domains. 
(5) Large-scale, joint training exercises that 
stress interoperability across domains are a vital part
559 
† HR 2810 PAP
of establishing and maintaining military readiness 
for conflicts involving near-peer competitors. 
(6) It is to the benefit of the United States and 
the North Atlantic Treaty Organization (NATO) to 
train to contested air and land operations in order to 
increase joint and coalition readiness, as well as to 
correct capability gaps in the European theatre of op-
erations that may be discovered during these exercises. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Defense shall submit to the congressional defense com-
mittees a report on the following: 
(1) Existing large-scale, joint exercises involving 
the air and land domains. 
(2) Plans to expand the scale and scope of the ex-
ercises described in paragraph (1). 
(3) Plans to conduct new large-scale, joint exer-
cises in the domains referred to in paragraph (1). 
(c) POTENTIAL LOCATIONS FOR EXPANDED OR NEW 
EXERCISES.—The report under subsection (b) shall include 
an analysis of potential locations for the expanded or new 
exercises covered by the plans described in paragraphs (2) 
and (3) of that subsection, with priority given to locations 
that facilitate training by and with—
560 
† HR 2810 PAP
(1) sufficient overlapping airspace and ground 
range capabilities and capacity to meet the training 
requirements for operating within an anti-access area 
denial (A2/AD) environment for air and ground oper-
ations; 
(2) the ability to host bilateral and multilateral 
training opportunities with international partners in 
both the air and land domains; 
(3) limited encroachments that adversely impact 
training or operations; 
(4) robust use of the electromagnetic spectrum, 
including global positioning system (GPS), atmos-
pheric, and communications-jamming; 
(5) minimization of adversary intelligence collec-
tion capabilities; 
(6) realistic replication of diverse geographic, 
topographic, and weather environments in which a 
near-peer combined air and ground campaign might 
occur; 
(7) existing facilities to support personnel, oper-
ations, and logistics associated with the flying mis-
sions and ground maneuver missions; and 
(8) minimization of overall construction and 
operational costs.
561 
† HR 2810 PAP
SEC. 1072. DEPARTMENT OF DEFENSE REVIEW OF NAVY CA-
PABILITIES IN THE ARCTIC REGION. 
(a) REPORT ON CAPABILITIES.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
the Navy shall submit to the congressional defense 
committees a report on the capabilities of the Navy in 
the Arctic region. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include an analysis of the following: 
(A) The current naval capabilities of the 
Department of Defense in the Arctic region, with 
a particular emphasis on surface capabilities. 
(B) Any gaps that exist between the current 
naval capabilities described in paragraph (1) 
and the ability of the Department to fully exe-
cute its updated strategy for the Arctic region. 
(C) Any gaps in the capabilities described 
in paragraph (1) that require ice-hardening of 
existing vessels or the construction of new vessels 
to preserve freedom of navigation in the Arctic 
region whenever and wherever necessary. 
(D) An analysis and recommendation of 
which Navy vessels could be ice-hardened to effec-
tively preserve freedom of navigation in the Arc-
562 
† HR 2810 PAP
tic region when and where necessary, in all sea-
sons and weather conditions. 
(E) An analysis of any cost increases or 
schedule adjustments that may result from ice- 
hardening existing or new Navy vessels. 
(b) COMPTROLLER GENERAL OF THE UNITED STATES 
REVIEW.—Not later than 90 days after the date on which 
the Secretary submits the report required by subsection (a), 
the Comptroller General of the United States shall submit 
to the congressional defense committees a review of the re-
port, including any matters in connection with the report 
and the review that the Comptroller General considers ap-
propriate. 
(c) FORM.—The report under subsection (a) and the 
review under subsection (b) shall each be submitted in un-
classified form, but may include a classified annex. 
SEC. 1073. BUSINESS CASE ANALYSIS ON ESTABLISHMENT 
OF ACTIVE DUTY ASSOCIATION AND ADDI-
TIONAL 
PRIMARY 
AIRCRAFT 
AUTHORIZA-
TIONS FOR THE 168TH AIR REFUELING WING. 
(a) BUSINESS CASE ANALYSIS.—The Secretary of the 
Air Force shall conduct a business case analysis on the es-
tablishment of an active or classic association with the 
168th Air Refueling Wing.
563 
† HR 2810 PAP
(b) ELEMENTS.—The business case analysis conducted 
under subsection (a) shall address the following: 
(1) Consideration of the addition of two F–35A 
squadrons at Eielson Air Force Base, Alaska, in 
2020, and an examination of future shortfalls in air 
refueling requirements due to such additional air-
craft. 
(2) An analysis of potential benefits of adding 
four primary aircraft authorizations (PAA) for KC– 
135R tanker aircraft to the 168th Air Refueling 
Wing. 
(3) Identification of efficiencies and cost savings 
to be achieved by the 168th Air Refueling Wing after 
an active or classic association is in place in com-
parison with temporarily assigned tanker augmenta-
tion rotations. 
(4) A detailed comparison of the costs and bene-
fits of an active association for the 168th Air Refuel-
ing Wing with a classic association for the Wing. 
(5) An analysis of the effects of the augmented 
airlift capability arising from additional tanker as-
sets for the 168th Air Refueling Wing in better facili-
tating rapid deployment of 5th Generation Fighters, 
necessary support equipment and personnel, and 
other rapid response forces.
564 
† HR 2810 PAP
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit to 
Congress a report on the business case analysis conducted 
under subsection (a). 
SEC. 1074. REPORT ON NAVY CAPACITY TO INCREASE PRO-
DUCTION OF ANTI-SUBMARINE WARFARE AND 
SEARCH AND RESCUE ROTARY WING AIR-
CRAFT IN LIGHT OF INCREASE IN THE SIZE 
OF THE SURFACE FLEET TO 355 SHIPS. 
Not later than September 15, 2017, the Secretary of 
the Navy shall submit to the congressional defense commit-
tees a report describing and assessing the capacity of the 
Navy, in light of an increase in the size of the surface fleet 
of the Navy to 355 ships, to increase production of the fol-
lowing: 
(1) Anti-submarine warfare rotary wing air-
craft. 
(2) Search and rescue rotary wing aircraft. 
Subtitle G—Other Matters 
SEC. 1081. PROTECTION AGAINST MISUSE OF NAVAL SPE-
CIAL WARFARE COMMAND INSIGNIA. 
(a) IN GENERAL.—Chapter 663 of title 10, United 
States Code, is amended by adding at the end the following 
new section:
565 
† HR 2810 PAP
‘‘§ 7882. Protection against misuse of insignia of 
Naval Special Warfare Command 
‘‘(a) PROTECTION AGAINST MISUSE.—Subject to sub-
section (b), no person may use any covered Naval Special 
Warfare insignia in connection with any promotion, good, 
service, or other commercial activity when a particular use 
would be likely to suggest a false affiliation, connection, or 
association with, endorsement by, or approval of, the 
United States Government, the Department of Defense, or 
the Department of the Navy. 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 
the use of a covered Naval Special Warfare insignia for pur-
poses such as criticism, comment, news reporting, analysis, 
research, or scholarship. 
‘‘(c) TREATMENT OF DISCLAIMERS.—Any determina-
tion of whether a person has violated this section shall be 
made without regard to any use of a disclaimer of affili-
ation, connection, or association with, endorsement by, or 
approval of the United States Government, the Department 
of Defense, the Department of the Navy, or any subordinate 
organization thereof to the extent consistent with inter-
national obligations of the United States. 
‘‘(d) ENFORCEMENT.—Whenever it appears to the At-
torney General that any person is engaged in, or is about 
to engage in, an act or practice that constitutes or will con-
stitute conduct prohibited by this section, the Attorney Gen-
566 
† HR 2810 PAP
eral may initiate a civil proceeding in a district court of 
the United States to enjoin such act or practice, and such 
court may take such injunctive or other action as is war-
ranted to prevent the act, practice, or conduct. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Sec-
retary of the Navy to register any symbol, name, phrase, 
term, acronym, or abbreviation otherwise capable of reg-
istration under the provisions of the Act of July 5, 1946, 
popularly known as the Lanham Act or the Trademark Act 
of 1946 (15 U.S.C. 1051 et seq.). 
‘‘(f) COVERED NAVAL SPECIAL WARFARE INSIGNIA 
DEFINED.—In this section, the term ‘covered Naval Special 
Warfare insignia’ means any of the following: 
‘‘(1) The Naval Special Warfare insignia com-
prising or consisting of the design of an eagle holding 
an anchor, trident, and flint-lock pistol. 
‘‘(2) The Special Warfare Combatant Craft 
Crewman insignia comprising or consisting of the de-
sign of the bow and superstructure of a Special Oper-
ations Craft on a crossed flint-lock pistol and enlisted 
cutlass, on a background of ocean swells. 
‘‘(3) Any colorable imitation of the insignia re-
ferred to in paragraphs (1) and (2), in a manner 
which could reasonably be interpreted or construed as
567 
† HR 2810 PAP
conveying the false impression that an advertisement, 
solicitation, business activity, or product is in any 
manner approved, endorsed, sponsored, or authorized 
by, or associated with, the United States Government, 
the Department of Defense, or the Department of the 
Navy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 663 of such title is amended by 
adding at the end the following new item: 
‘‘7882. Protection against misuse of insignia of Naval Special Warfare Com-
mand.’’. 
SEC. 
1082. 
COLLABORATIONS 
BETWEEN 
THE 
ARMED 
FORCES AND CERTAIN NON-FEDERAL ENTI-
TIES ON SUPPORT OF ARMED FORCES MIS-
SIONS ABROAD. 
(a) FINDING.—The Senate finds that qualified non- 
Federal entities have contributed to enhance the effectiveness 
of the mission of the Department of Defense through the pro-
vision of private humanitarian, economic, and other non- 
lethal assistance from United States citizens in response to 
local needs identified by members of the Armed Forces in 
areas in which the Armed Forces are deployed abroad. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that United States military commanders should collaborate 
with and, consistent with applicable laws and regulations, 
provide transportation, lodging, and other logistical sup-
568 
† HR 2810 PAP
port to qualified non-Federal entities to advance missions 
of the Armed Forces abroad. 
(c) GUIDANCE ON COLLABORATIONS.— 
(1) REVIEW OF CURRENT GUIDANCE.—Not later 
than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall conduct a review 
of the guidance of the Department of Defense applica-
ble to collaborations between United States military 
commanders and qualified non-Federal entities for 
support of missions of the Armed Forces abroad. 
(2) ADDITIONAL GUIDANCE.—If the Secretary de-
termines pursuant to the review that additional guid-
ance is required in connection with collaborations de-
scribed in paragraph (1), the Secretary shall, not 
later than 180 days after the date of the enactment 
of this Act, issue such additional guidance as the Sec-
retary considers appropriate in light of the review, 
consistent with applicable law. 
(3) BRIEFING.—Not later than 150 days after 
the date of the enactment of this Act, the Secretary 
shall provide to the Committees on Armed Services of 
the Senate and the House of Representatives a brief-
ing on the findings of the review, including rec-
ommendations for such legislative action as the Sec-
retary considers appropriate to facilitate collabora-
569 
† HR 2810 PAP
tion between United States military commanders and 
qualified non-Federal entities for support of missions 
of the Armed Forces abroad. 
(d) QUALIFIED NON-FEDERAL ENTITY DEFINED.—In 
this section, the term ‘‘qualified non-Federal entity’’ means 
an organization that— 
(1) is based in the United States; 
(2) has an independent board of directors and is 
subject to independent financial audits; 
(3) is privately-funded; 
(4) is described in section 501(c)(3) of the Inter-
nal Revenue Code of 1986 and is exempt from tax-
ation under section 501(a) of such Code; 
(5) provides international humanitarian, eco-
nomic, or other non-lethal assistance; 
(6) is a Private Voluntary Organization reg-
istered with the United States Agency for Inter-
national Development; and 
(7) has a stated mission of supporting the safety 
and security of members of the Armed Forces, civilian 
personnel of the United States, and United States 
missions abroad. 
SEC. 1083. FEDERAL CHARTER FOR SPIRIT OF AMERICA. 
(a) FEDERAL CHARTER.—
570 
† HR 2810 PAP
(1) IN GENERAL.—Part B of subtitle II of title 
36, United States Code, is amended by inserting after 
chapter 2003 the following new chapter: 
‘‘CHAPTER 2005—SPIRIT OF AMERICA 
‘‘Sec. 
‘‘200501. Organization. 
‘‘200502. Purposes. 
‘‘200503. Powers. 
‘‘200504. Duty to maintain tax-exempt status. 
‘‘200505. Annual report. 
‘‘§ 200501. Organization 
‘‘(a) FEDERAL CHARTER.—Spirit of America (in this 
chapter ‘the corporation’), a nonprofit corporation, is a fed-
erally chartered corporation. 
‘‘(b) EXPIRATION OF CHARTER.—If the corporation 
does not comply with the provisions of this chapter, the 
charter granted by this chapter expires. 
‘‘(c) SCOPE OF CHARTER.—Nothing in the charter 
granted by this chapter shall be construed as conferring spe-
cial rights or privileges upon the corporation, or as placing 
upon the Department of Defense any obligation with respect 
to the corporation. 
‘‘(d) NO CLAIM OF GOVERNMENTAL APPROVAL OR AU-
THORITY.—The corporation may not claim approval of 
Congress, or the authority of the United States, for any ac-
tivity of the corporation.
571 
† HR 2810 PAP
‘‘§ 200502. Purposes 
‘‘The purposes of the corporation are as provided in 
its constitution and bylaws and include the following patri-
otic, charitable, and inspirational purposes: 
‘‘(1) To respond to the needs of local populations 
abroad, as identified by members of the Armed Forces 
and diplomats of the United States abroad. 
‘‘(2) To provide privately-funded humanitarian, 
economic, and other nonlethal assistance to address 
such needs. 
‘‘(3) To support the safety and success of mem-
bers of the Armed Forces and diplomats of the United 
States abroad. 
‘‘(4) To connect the people of the United States 
more closely to the members of the Armed Forces and 
diplomats of the United States abroad, and to the 
missions carried out by such personnel abroad. 
‘‘(5) To demonstrate the goodwill of the people of 
the United States to peoples around the world. 
‘‘§ 200503. Powers 
‘‘The corporation may— 
‘‘(1) adopt and amend a constitution, by-laws, 
and regulations to carry out the purposes of the cor-
poration; 
‘‘(2) adopt and alter a corporate seal;
572 
† HR 2810 PAP
‘‘(3) establish and maintain offices to conduct its 
activities; 
‘‘(4) enter into contracts; 
‘‘(5) acquire, own, lease, encumber, and transfer 
property as necessary and appropriate to carry out 
the purposes of the corporation; 
‘‘(6) establish, regulate, and discontinue subordi-
nate State and territorial subdivisions and local 
chapters or posts; 
‘‘(7) publish a magazine and other publications 
(including through the Internet); 
‘‘(8) sue and be sued; and 
‘‘(9) do any other act necessary and proper to 
carry out the purposes of the corporation as provided 
in its constitution, by-laws, and regulations. 
‘‘§ 200504. Duty to maintain tax-exempt status 
‘‘The corporation shall maintain its status as an orga-
nization exempt from taxation under the Internal Revenue 
Code of 1986. 
‘‘§ 200505. Annual report 
‘‘The corporation shall submit an annual report to 
Congress on the activities of the corporation during the 
prior fiscal year. The report shall be submitted as the same 
time as the report of the audit required by section 10101
573 
† HR 2810 PAP
of this title. The report may not be printed as public docu-
ment.’’. 
(2) TABLES OF CHAPTERS.—The table of chap-
ters at the beginning of title 36, United States Code, 
and at the beginning of subtitle II of such title, are 
each amended by inserting after the item relating to 
chapter 2003 the following new item: 
‘‘2005. Spirit of America ......................................................................
200501.’’. 
(b) DISTRIBUTION
OF
CORPORATION
ASSISTANCE 
ABROAD THROUGH DEPARTMENT OF DEFENSE.— 
(1) ACCEPTANCE AND COORDINATION OF ASSIST-
ANCE.—The Department of Defense (including mem-
bers of the Armed Forces) may, in the discretion of 
the Secretary of Defense and in accordance with guid-
ance issued by the Secretary— 
(A) accept from Spirit of America, a feder-
ally-chartered corporation under chapter 2005 of 
title 36, United States Code (as added by sub-
section (a)), humanitarian, economic, and other 
nonlethal assistance funded by private funds in 
the carrying out of the purposes of the corpora-
tion; and 
(B) respond to requests from the corporation 
for the identification of the needs of local popu-
lations abroad for assistance, and coordinate 
with the corporation in the provision and dis-
574 
† HR 2810 PAP
tribution of such assistance, in the carrying out 
of such purposes. 
(2) DISTRIBUTION
OF
ASSISTANCE
TO
LOCAL 
POPULATIONS.—In accordance with guidance issued 
by the Secretary, members of the Armed Forces 
abroad may provide to local populations abroad hu-
manitarian, economic, and other nonlethal assistance 
provided to the Department by the corporation pursu-
ant to this subsection. 
(3) SCOPE OF GUIDANCE.—The guidance issued 
pursuant to this subsection shall ensure that any as-
sistance distributed pursuant to this subsection shall 
be for purposes of supporting the mission or missions 
of the Department and the Armed Forces for which 
such assistance is provided by the corporation. 
(4) DOD SUPPORT
FOR
CORPORATION
ACTIVI-
TIES.—In accordance with guidance issued by the 
Secretary, the Department and the Armed Forces 
may— 
(A) provide transportation, lodging, storage, 
and other logistical support— 
(i) to personnel of the corporation 
(whether in the United States or abroad) 
who are carrying out the purposes of the 
corporation; and
575 
† HR 2810 PAP
(ii) in connection with the acceptance 
and distribution of assistance provided by 
the corporation; and 
(B) use assets of the Department and the 
Armed Forces in the provision of support de-
scribed in subparagraph (A). 
SEC. 1084. RECONSIDERATION OF CLAIMS FOR DISABILITY 
COMPENSATION FOR VETERANS WHO WERE 
THE SUBJECTS OF MUSTARD GAS OR LEW-
ISITE EXPERIMENTS DURING WORLD WAR II. 
(a) RECONSIDERATION OF CLAIMS FOR DISABILITY 
COMPENSATION IN CONNECTION WITH EXPOSURE TO MUS-
TARD GAS OR LEWISITE.— 
(1) IN GENERAL.—The Secretary of Veterans Af-
fairs, in consultation with the Secretary of Defense, 
shall reconsider all claims for compensation described 
in paragraph (2) and make a new determination re-
garding each such claim. 
(2) CLAIMS FOR COMPENSATION DESCRIBED.— 
Claims for compensation described in this paragraph 
are claims for compensation under chapter 11 of title 
38, United States Code, that the Secretary of Veterans 
Affairs determines are in connection with full-body 
exposure to mustard gas or lewisite during active 
military, naval, or air service during World War II
576 
† HR 2810 PAP
and that were denied before the date of the enactment 
of this Act. 
(3) PRESUMPTION OF EXPOSURE.—In carrying 
out paragraph (1), if the Secretary of Veterans Af-
fairs or the Secretary of Defense makes a determina-
tion regarding whether a veteran experienced full- 
body exposure to mustard gas or lewisite, such Sec-
retary— 
(A) shall presume that the veteran experi-
enced full-body exposure to mustard gas or lew-
isite, as the case may be, unless proven other-
wise; and 
(B) may not use information contained in 
the DoD and VA Chemical Biological Warfare 
Database or any list of known testing sites for 
mustard gas or lewisite maintained by the De-
partment of Veterans Affairs or the Department 
of Defense as the sole reason for determining that 
the veteran did not experience full-body exposure 
to mustard gas or lewisite. 
(4) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, and not less fre-
quently than once every 90 days thereafter, the Sec-
retary of Veterans Affairs shall submit to the appro-
priate committees of Congress a report specifying any
577 
† HR 2810 PAP
claims reconsidered under paragraph (1) that were 
denied during the 90-day period preceding the sub-
mittal of the report, including the rationale for each 
such denial. 
(b) DEVELOPMENT OF POLICY.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs and the Secretary of Defense shall 
jointly establish a policy for processing future claims for 
compensation under chapter 11 of title 38, United States 
Code, that the Secretary of Veterans Affairs determines are 
in connection with exposure to mustard gas or lewisite dur-
ing active military, naval, or air service during World War 
II. 
(c) INVESTIGATION AND REPORT BY SECRETARY OF 
DEFENSE.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall— 
(1) for purposes of determining whether a site 
should be added to the list of the Department of De-
fense of sites where mustard gas or lewisite testing oc-
curred, investigate and assess sites where— 
(A) the Army Corps of Engineers has un-
covered evidence of mustard gas or lewisite test-
ing; or 
(B) more than two veterans have submitted 
claims for compensation under chapter 11 of title
578 
† HR 2810 PAP
38, United States Code, in connection with expo-
sure to mustard gas or lewisite at such site and 
such claims were denied; and 
(2) submit to the appropriate committees of Con-
gress a report on experiments conducted by the De-
partment of Defense during World War II to assess 
the effects of mustard gas and lewisite on people, 
which shall include— 
(A) a list of each location where such an ex-
periment occurred, including locations inves-
tigated and assessed under paragraph (1); 
(B) the dates of each such experiment; and 
(C) the number of members of the Armed 
Forces who were exposed to mustard gas or lew-
isite in each such experiment. 
(d) INVESTIGATION AND REPORT BY SECRETARY OF 
VETERANS AFFAIRS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Veterans 
Affairs shall— 
(1) investigate and assess— 
(A) the actions taken by the Secretary to 
reach out to individuals who had been exposed to 
mustard gas or lewisite in the experiments de-
scribed in subsection (c)(2)(A); and
579 
† HR 2810 PAP
(B) the claims for disability compensation 
under laws administered by the Secretary that 
were filed with the Secretary and the percentage 
of such claims that were denied by the Secretary; 
and 
(2) submit to the appropriate committees of Con-
gress— 
(A) a report on the findings of the Secretary 
with respect to the investigations and assess-
ments carried out under paragraph (1); and 
(B) a comprehensive list of each location 
where an experiment described in subsection 
(c)(2)(A) was conducted. 
(e) DEFINITIONS.—In this section: 
(1) The terms ‘‘active military, naval, or air 
service’’, ‘‘veteran’’, and ‘‘World War II’’ have the 
meanings given such terms in section 101 of title 38, 
United States Code. 
(2) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Veterans’ Affairs, the 
Committee on Armed Services, and the Special 
Committee on Aging of the Senate; and
580 
† HR 2810 PAP
(B) the Committee on Veterans’ Affairs and 
the Committee on Armed Services of the House 
of Representatives. 
(3) The term ‘‘full-body exposure’’, with respect 
to mustard gas or lewisite, has the meaning given 
that term by the Secretary of Defense. 
SEC. 1085. PRIZE COMPETITION TO IDENTIFY ROOT CAUSE 
OF PHYSIOLOGICAL EPISODES ON NAVY, MA-
RINE CORPS, AND AIR FORCE TRAINING AND 
OPERATIONAL AIRCRAFT. 
(a) IN GENERAL.—Under the authority of section 
2374a of title 10, United States Code, and section 24 of 
the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3719), the Secretary of Defense, in consultation 
with the Secretary of the Navy, the Secretary of the Air 
Force, the Commandant of the Marine Corps, and the heads 
of any other appropriate Federal agencies that have experi-
ence in prize competitions, and when appropriate, in co-
ordination with private organizations, may establish a 
prize competition designed to accelerate identification of the 
root cause or causes of physiological episodes experienced 
in Navy, Marine Corps, and Air Force training and oper-
ational aircraft.
581 
† HR 2810 PAP
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 for fiscal year 
2018 to carry out this section. 
(c) SUPPLEMENT NOT SUPPLANT.—Any funds made 
available pursuant to this section are in addition to any 
other amount made available for research on identification 
of root cause or causes of physiological episodes experienced 
in Navy, Marine Corps, and Air Force training and oper-
ational aircraft. 
SEC. 1086. EXCEPTION TO THE INTERDEPARTMENTAL WAIV-
ER DOCTRINE FOR CLEANUP OF VEHICLE 
CRASHES. 
(a) RESPONSIBILITY FOR CLEANUP.—Notwithstanding 
the interdepartmental waiver doctrine, the Secretary of De-
fense may, at the request of the affected Federal department 
or agency, expend funds necessary for cleanup resulting 
from an activity of the Department of Defense involving 
a vehicle crash on land or other property under the jurisdic-
tion of another Federal department or agency. 
(b) SCOPE.—The authority under subsection (a) in-
cludes expenditures necessary to complete cleanup to meet 
the regulations of the affected department or agency, which 
may be different than the regulations applicable to the De-
partment.
582 
† HR 2810 PAP
SEC. 1087. TRANSFER OF SURPLUS FIREARMS TO CORPORA-
TION FOR THE PROMOTION OF RIFLE PRAC-
TICE AND FIREARMS SAFETY. 
(a) IN GENERAL.—Section 40728(h) of title 36, United 
States Code, is amended— 
(1) by striking ‘‘(1) Subject to paragraph (2), 
the Secretary may transfer’’ and inserting ‘‘The Sec-
retary shall transfer’’; and 
(2) by striking ‘‘The Secretary shall determine a 
reasonable schedule for the transfer of such surplus 
pistols.’’. 
(b) SALE OF M1911/M1911A1 PISTOLS.— 
(1) SALE.—Any M1911/M1911A1 pistols sold 
under the Civilian Marksmanship Program under 
subchapter II of chapter 407 of title 36, United States 
Code, shall be sold at fair market value. 
(2) DISPOSITION OF PROCEEDS.—Any proceeds 
of the sale of M1911/M1911A1 pistols pursuant to 
paragraph (1), less transfer and storage costs, shall be 
covered over into the Treasury as miscellaneous re-
ceipts. 
SEC. 1088. PREVENTION OF CERTAIN HEALTH CARE PRO-
VIDERS FROM PROVIDING NON-DEPARTMENT 
HEALTH CARE SERVICES TO VETERANS. 
(a) IN GENERAL.—On and after the date that is one 
year after the date of the enactment of this Act, the Sec-
583 
† HR 2810 PAP
retary of Veterans Affairs shall deny or revoke the eligibility 
of a health care provider to provide non-Department health 
care services to veterans if the Secretary determines that 
the health care provider— 
(1) was removed from employment with the De-
partment of Veterans Affairs due to conduct that vio-
lated a policy of the Department relating to the deliv-
ery of safe and appropriate health care; 
(2) violated the requirements of a medical license 
of the health care provider; 
(3) had a Department credential revoked and the 
grounds for such revocation impacts the ability of the 
health care provider to deliver safe and appropriate 
health care; or 
(4) violated a law for which a term of imprison-
ment of more than one year may be imposed. 
(b) PERMISSIVE ACTION.—On and after the date that 
is one year after the date of the enactment of this Act, the 
Secretary may deny, revoke, or suspend the eligibility of 
a health care provider to provide non-Department health 
care services if the Secretary has reasonable belief that such 
action is necessary to immediately protect the health, safety, 
or welfare of veterans and—
584 
† HR 2810 PAP
(1) the health care provider is under investiga-
tion by the medical licensing board of a State in 
which the health care provider is licensed or practices; 
(2) the health care provider has entered into a 
settlement agreement for a disciplinary charge relat-
ing to the practice of medicine by the health care pro-
vider; or 
(3) the Secretary otherwise determines that such 
action is appropriate under the circumstances. 
(c) SUSPENSION.—The Secretary shall suspend the eli-
gibility of a health care provider to provide non-Depart-
ment health care services to veterans if the health care pro-
vider is suspended from serving as a health care provider 
of the Department. 
(d) INITIAL
REVIEW
OF
DEPARTMENT
EMPLOY-
MENT.—Not later than one year after the date of the enact-
ment of this Act, with respect to each health care provider 
providing non-Department health care services, the Sec-
retary shall review the status of each such health care pro-
vider as an employee of the Department and the history 
of employment of each such health care provider with the 
Department to determine whether the health care provider 
is described in any of subsections (a) through (c). 
(e) COMPTROLLER GENERAL REPORT.—Not later than 
two years after the date of the enactment of this Act, the
585 
† HR 2810 PAP
Comptroller General of the United States shall submit to 
Congress a report on the implementation by the Secretary 
of this section, including the following: 
(1) The aggregate number of health care pro-
viders denied or suspended under this section from 
participation in providing non-Department health 
care services. 
(2) An evaluation of any impact on access to 
health care for patients or staffing shortages in pro-
grams of the Department providing non-Department 
health care services. 
(3) An explanation of the coordination of the De-
partment with the medical licensing boards of States 
in implementing this section, the amount of involve-
ment of such boards in such implementation, and ef-
forts by the Department to address any concerns 
raised by such boards with respect to such implemen-
tation. 
(4) Such recommendations as the Comptroller 
General considers appropriate regarding harmonizing 
eligibility criteria between health care providers of the 
Department and health care providers eligible to pro-
vide non-Department health care services.
586 
† HR 2810 PAP
(f) NON-DEPARTMENT HEALTH CARE SERVICES DE-
FINED.—In this section, the term ‘‘non-Department health 
care services’’ means services— 
(1) provided under subchapter I of chapter 17 of 
title 38, United States Code, at non-Department fa-
cilities (as defined in section 1701 of such title); 
(2) provided under section 101 of the Veterans 
Access, Choice, and Accountability Act of 2014 (Pub-
lic Law 113–146; 38 U.S.C. 1701 note); 
(3) purchased through the Medical Community 
Care account of the Department; or 
(4) purchased with amounts deposited in the Vet-
erans Choice Fund under section 802 of the Veterans 
Access, Choice, and Accountability Act of 2014. 
SEC. 1089. DECLASSIFICATION BY DEPARTMENT OF DE-
FENSE OF CERTAIN INCIDENTS OF EXPOSURE 
OF MEMBERS OF THE ARMED FORCES TO 
TOXIC SUBSTANCES. 
(a) IN GENERAL.—The Secretary of Defense shall de-
classify documents related to any known incident in which 
not fewer than 100 members of the Armed Forces were ex-
posed to a toxic substance that resulted in at least one case 
of a disability that a member of the medical profession has 
determined to be associated with that toxic substance.
587 
† HR 2810 PAP
(b) LIMITATION.—The declassification required by sub-
section (a) shall be limited to information necessary for an 
individual who was potentially exposed to a toxic substance 
to determine the following: 
(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 
have resulted from exposure to that toxic substance. 
(c) EXCEPTION.—The Secretary of Defense is not re-
quired to declassify documents under subsection (a) if the 
Secretary determines that declassification of those docu-
ments would materially and immediately threaten the secu-
rity of the United States. 
(d) DEFINITIONS.—In this section: 
(1) ARMED FORCES.—The term ‘‘Armed Forces’’ 
has the meaning given that term in section 101 of 
title 10, United States Code. 
(2) EXPOSED.—The term ‘‘exposed’’ means, with 
respect to a toxic substance, that an individual came 
into contact with that toxic substance in a manner 
that could be hazardous to the health of that indi-
vidual, that may include if that toxic substance was 
inhaled, ingested, or touched the skin or eyes.
588 
† HR 2810 PAP
(3) EXPOSURE.—The term ‘‘exposure’’ means, 
with respect to a toxic substance, an event during 
which an individual was exposed to that toxic sub-
stance. 
(4) TOXIC
SUBSTANCE.—The term ‘‘toxic sub-
stance’’ means any substance determined by the Ad-
ministrator of the Environmental Protection Agency 
to be harmful to the environment or hazardous to the 
health of an individual if inhaled or ingested by or 
absorbed through the skin of that individual. 
SEC. 1089A. CARRIAGE OF CERTAIN PROGRAMMING. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘local commercial television sta-
tion’’ has the meaning given the term in section 
614(h) of the Communications Act of 1934 (47 U.S.C. 
534(h)); 
(2) the term ‘‘multichannel video programming 
distributor’’ has the meaning given the term in sec-
tion 602 of the Communications Act of 1934 (47 
U.S.C. 522); 
(3) the term ‘‘qualified noncommercial edu-
cational television station’’ has the meaning given the 
term in section 615(l) of the Communications Act of 
1934 (47 U.S.C. 535(l));
589 
† HR 2810 PAP
(4) the term ‘‘retransmission consent’’ means the 
authority granted to a multichannel video program-
ming distributor under section 325(b) of the Commu-
nications Act of 1934 (47 U.S.C. 325(b)) to re-
transmit the signal of a television broadcast station; 
and 
(5) the term ‘‘television broadcast station’’ has 
the meaning given the term in section 76.66(a) of title 
47, Code of Federal Regulations. 
(b) CARRIAGE
OF
CERTAIN
CONTENT.—Notwith-
standing any other provision of law, a multichannel video 
programming distributor may not be directly or indirectly 
required, including as a condition of obtaining retrans-
mission consent, to— 
(1) carry non-incidental video content from a 
local commercial television station, qualified non-
commercial educational television station, or tele-
vision broadcast station to the extent that such con-
tent is owned, controlled, or financed (in whole or in 
part) by the Government of the Russian Federation; 
or 
(2) lease, or otherwise make available, channel 
capacity to any person for the provision of video pro-
gramming that is owned, controlled, or financed (in
590 
† HR 2810 PAP
whole or in part) by the Government of the Russian 
Federation. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed as applying to the editorial use by a local 
commercial television station, qualified noncommercial edu-
cational television station, or television broadcast station 
of programming that is owned, controlled, or financed (in 
whole or in part) by the Government of the Russian Federa-
tion. 
Subtitle H—Modernizing 
Government Technology 
SEC. 1091. SHORT TITLE. 
This subtitle may be cited as the ‘‘Modernizing Gov-
ernment Technology Act of 2017’’ or the ‘‘MGT Act’’. 
SEC. 1092. DEFINITIONS. 
In this subtitle: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services. 
(2) BOARD.—The term ‘‘Board’’ means the Tech-
nology Modernization Board established under section 
1094(c)(1). 
(3) CLOUD COMPUTING.—The term ‘‘cloud com-
puting’’ has the meaning given the term by the Na-
tional Institute of Standards and Technology in
591 
† HR 2810 PAP
NIST Special Publication 800–145 and any amend-
atory or superseding document thereto. 
(4) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Management and Budget. 
(5) FUND.—The term ‘‘Fund’’ means the Tech-
nology Modernization Fund established under section 
1094(b)(1). 
(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 
working capital fund’’ means an information tech-
nology system modernization and working capital 
fund established under section 1093(b)(1). 
(8) LEGACY
INFORMATION
TECHNOLOGY
SYS-
TEM.—The term ‘‘legacy information technology sys-
tem’’ means an outdated or obsolete system of infor-
mation technology. 
SEC. 1093. ESTABLISHMENT OF AGENCY INFORMATION 
TECHNOLOGY 
SYSTEMS 
MODERNIZATION 
AND WORKING CAPITAL FUNDS. 
(a) DEFINITION.—In this section, the term ‘‘covered 
agency’’ means each agency listed in section 901(b) of title 
31, United States Code.
592 
† HR 2810 PAP
(b) INFORMATION TECHNOLOGY SYSTEM MODERNIZA-
TION AND WORKING CAPITAL FUNDS.— 
(1) ESTABLISHMENT.—The head of a covered 
agency may establish within the covered agency an 
information technology system modernization and 
working capital fund for necessary expenses described 
in paragraph (3). 
(2) SOURCE OF FUNDS.—The following amounts 
may be deposited into an IT working capital fund: 
(A) Reprogramming and transfer of funds 
made available in appropriations Acts enacted 
after the date of enactment of this Act, including 
the transfer of any funds for the operation and 
maintenance of legacy information technology 
systems, in compliance with any applicable re-
programming law or guidelines of the Commit-
tees on Appropriations of the Senate and the 
House of Representatives or transfer authority 
specifically provided in appropriations law. 
(B) Amounts made available to the IT 
working capital fund through discretionary ap-
propriations made available after the date of en-
actment of this Act.
593 
† HR 2810 PAP
(3) USE
OF
FUNDS.—An IT working capital 
fund established under paragraph (1) may only be 
used— 
(A) to improve, retire, or replace existing 
information technology systems in the covered 
agency to enhance cybersecurity and to improve 
efficiency and effectiveness across the life of a 
given workload, procured using full and open 
competition among all commercial items to the 
greatest extent practicable; 
(B) to transition legacy information tech-
nology systems at the covered agency to commer-
cial cloud computing and other innovative com-
mercial platforms and technologies, including 
those serving more than 1 covered agency with 
common requirements; 
(C) to assist and support covered agency ef-
forts to provide adequate, risk-based, and cost-ef-
fective information technology capabilities that 
address evolving threats to information security; 
(D) to reimburse funds transferred to the 
covered agency from the Fund with the approval 
of the Chief Information Officer, in consultation 
with the Chief Financial Officer, of the covered 
agency; and
594 
† HR 2810 PAP
(E) for a program, project, or activity or to 
increase funds for any program, project, or ac-
tivity that has not been denied or restricted by 
Congress. 
(4) EXISTING FUNDS.—An IT working capital 
fund may not be used to supplant funds provided for 
the operation and maintenance of any system within 
an appropriation for the covered agency at the time 
of establishment of the IT working capital fund. 
(5) PRIORITIZATION
OF
FUNDS.—The head of 
each covered agency— 
(A) shall prioritize funds within the IT 
working capital fund of the covered agency to be 
used initially for cost savings activities approved 
by the Chief Information Officer of the covered 
agency; and 
(B) may reprogram and transfer any 
amounts saved as a direct result of the cost sav-
ings activities approved under clause (i) for de-
posit into the IT working capital fund of the cov-
ered agency, consistent with paragraph (2)(A). 
(6) AVAILABILITY OF FUNDS.— 
(A) IN GENERAL.—Any funds deposited into 
an IT working capital fund shall be available for 
obligation for the 3-year period beginning on the
595 
† HR 2810 PAP
last day of the fiscal year in which the funds 
were deposited. 
(B) 
TRANSFER
OF
UNOBLIGATED 
AMOUNTS.—Any amounts in an IT working cap-
ital fund that are unobligated at the end of the 
3-year period described in subparagraph (A) 
shall be transferred to the general fund of the 
Treasury. 
(7) AGENCY CIO RESPONSIBILITIES.—In evalu-
ating projects to be funded by the IT working capital 
fund of a covered agency, the Chief Information Offi-
cer of the covered agency shall consider, to the extent 
applicable, guidance issued under section 1094(b)(1) 
to evaluate applications for funding from the Fund 
that include factors including a strong business case, 
technical design, consideration of commercial off-the- 
shelf products and services, procurement strategy (in-
cluding adequate use of rapid, iterative software de-
velopment practices), and program management. 
(c) REPORTING REQUIREMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and every 6 months 
thereafter, the head of each covered agency shall sub-
mit to the Director, with respect to the IT working 
capital fund of the covered agency—
596 
† HR 2810 PAP
(A) a list of each information technology in-
vestment funded, including the estimated cost 
and completion date for each investment; and 
(B) a summary by fiscal year of obliga-
tions, expenditures, and unused balances. 
(2) PUBLIC AVAILABILITY.—The Director shall 
make the information submitted under paragraph (1) 
publicly available on a website. 
SEC. 1094. ESTABLISHMENT OF TECHNOLOGY MODERNIZA-
TION FUND AND BOARD. 
(a) DEFINITION.—In this section, the term ‘‘agency’’ 
has the meaning given the term in section 551 of title 5, 
United States Code. 
(b) TECHNOLOGY MODERNIZATION FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury a Technology Modernization Fund for 
technology-related activities, to improve information 
technology, to enhance cybersecurity across the Fed-
eral Government, and to be administered in accord-
ance with guidance issued by the Director. 
(2) ADMINISTRATION OF FUND.—The Adminis-
trator, in consultation with the Chief Information Of-
ficers Council and with the approval of the Director, 
shall administer the Fund in accordance with this 
subsection.
597 
† HR 2810 PAP
(3) USE OF FUNDS.—The Administrator shall, 
in accordance with recommendations from the Board, 
use amounts in the Fund— 
(A) to transfer such amounts, to remain 
available until expended, to the head of an agen-
cy for the acquisition of products and services, or 
the development of such products and services 
when more efficient and cost effective, to im-
prove, retire, or replace existing Federal infor-
mation technology systems to enhance cybersecu-
rity and privacy and improve long-term effi-
ciency and effectiveness; 
(B) to transfer such amounts, to remain 
available until expended, to the head of an agen-
cy for the operation and procurement of infor-
mation technology products and services, or the 
development of such products and services when 
more efficient and cost effective, and acquisition 
vehicles for use by agencies to improve Govern-
mentwide efficiency and cybersecurity in accord-
ance with the requirements of the agencies; 
(C) to provide services or work performed in 
support of— 
(i) the activities described in subpara-
graph (A) or (B); and
598 
† HR 2810 PAP
(ii) the Board and the Director in car-
rying out the responsibilities described in 
subsection (c)(2); and 
(D) to fund only programs, projects, or ac-
tivities or to fund increases for any programs, 
projects, or activities that have not been denied 
or restricted by Congress. 
(4) AUTHORIZATION OF APPROPRIATIONS; CRED-
ITS; AVAILABILITY OF FUNDS.— 
(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
to the Fund $250,000,000 for each of fiscal years 
2018 and 2019. 
(B) CREDITS.—In addition to any funds 
otherwise appropriated, the Fund shall be cred-
ited with all reimbursements, advances, or re-
funds or recoveries relating to information tech-
nology or services provided for the purposes de-
scribed in paragraph (3). 
(C) AVAILABILITY OF FUNDS.—Amounts de-
posited, credited, or otherwise made available to 
the Fund shall be available until expended for 
the purposes described in paragraph (3). 
(5) REIMBURSEMENT.— 
(A) REIMBURSEMENT BY AGENCY.—
599 
† HR 2810 PAP
(i) IN
GENERAL.—The head of an 
agency shall reimburse the Fund for any 
transfer made under subparagraph (A) or 
(B) of paragraph (3), including any serv-
ices or work performed in support of the 
transfer under paragraph (3)(C), in accord-
ance with the terms established in a written 
agreement described in paragraph (6). 
(ii) REIMBURSEMENT
FROM
SUBSE-
QUENT APPROPRIATIONS.—Notwithstanding 
any other provision of law, an agency may 
make a reimbursement required under 
clause (i) from any appropriation made 
available after the date of enactment of this 
Act for information technology activities, 
consistent with any applicable reprogram-
ming law or guidelines of the Committees 
on Appropriations of the Senate and the 
House of Representatives. 
(iii) RECORDING
OF
OBLIGATION.— 
Notwithstanding section 1501 of title 31, 
United States Code, an obligation to make 
a payment under a written agreement de-
scribed in paragraph (6) in a fiscal year 
after the date of enactment of this Act shall
600 
† HR 2810 PAP
be recorded in the fiscal year in which the 
payment is due. 
(B) PRICES FIXED BY ADMINISTRATOR.— 
(i) IN GENERAL.—The Administrator, 
in consultation with the Director, shall es-
tablish amounts to be paid by an agency 
under this paragraph and the terms of re-
payment for activities funded under para-
graph (3), including any services or work 
performed in support of that development 
under paragraph (3)(C), at levels sufficient 
to ensure the solvency of the Fund, includ-
ing operating expenses. 
(ii) REVIEW
AND
APPROVAL.—Before 
making any changes to the established 
amounts and terms of repayment, the Ad-
ministrator shall conduct a review and ob-
tain approval from the Director. 
(C) FAILURE TO MAKE TIMELY REIMBURSE-
MENT.—The Administrator may obtain reim-
bursement from an agency under this paragraph 
by the issuance of transfer and counterwarrants, 
or other lawful transfer documents, supported by 
itemized bills, if payment is not made by the 
agency during the 90-day period beginning after
601 
† HR 2810 PAP
the expiration of a repayment period described 
in a written agreement described in paragraph 
(6). 
(6) WRITTEN AGREEMENT.— 
(A) IN
GENERAL.—Before the transfer of 
funds to an agency under subparagraphs (A) 
and (B) of paragraph (3), the Administrator, in 
consultation with the Director, and the head of 
the agency shall enter into a written agree-
ment— 
(i) documenting the purpose for which 
the funds will be used and the terms of re-
payment, which may not exceed 5 years un-
less approved by the Director; and 
(ii) which shall be recorded as an obli-
gation as provided in paragraph (5)(A). 
(B) REQUIREMENT
FOR
USE
OF
INCRE-
MENTAL FUNDING, COMMERCIAL PRODUCTS AND 
SERVICES, AND RAPID, ITERATIVE DEVELOPMENT 
PRACTICES.—The Administrator shall ensure— 
(i) for any funds transferred to an 
agency under paragraph (3)(A), in the ab-
sence of compelling circumstances docu-
mented by the Administrator at the time of 
transfer, that such funds shall be transferred
602 
† HR 2810 PAP
only on an incremental basis, tied to met-
ric-based development milestones achieved 
by the agency through the use of rapid, 
iterative, development processes; and 
(ii) that the use of commercial prod-
ucts and services are incorporated to the 
greatest extent practicable in activities 
funded under subparagraphs (A) and (B) of 
paragraph (3), and that the written agree-
ment required under paragraph (6) docu-
ments this preference. 
(7) REPORTING REQUIREMENTS.— 
(A) LIST OF PROJECTS.— 
(i) IN
GENERAL.—Not later than 6 
months after the date of enactment of this 
Act, the Director shall maintain a list of 
each project funded by the Fund, to be up-
dated not less than quarterly, that includes 
a description of the project, project status 
(including any schedule delay and cost 
overruns), financial expenditure data re-
lated to the project, and the extent to which 
the project is using commercial products 
and services, including if applicable, a jus-
tification of why commercial products and
603 
† HR 2810 PAP
services were not used and the associated de-
velopment and integration costs of custom 
development. 
(ii) PUBLIC
AVAILABILITY.—The list 
required under clause (i) shall be published 
on a public website in a manner that is, to 
the greatest extent possible, consistent with 
applicable law on the protection of classified 
information, sources, and methods. 
(B) COMPTROLLER
GENERAL
REPORTS.— 
Not later than 2 years after the date of enact-
ment of this Act, and every 2 years thereafter, 
the Comptroller General of the United States 
shall submit to Congress and make publically 
available a report assessing— 
(i) the costs associated with estab-
lishing the Fund and maintaining the over-
sight structure associated with the Fund 
compared with the cost savings associated 
with the projects funded both annually and 
over the life of the acquired products and 
services by the Fund; 
(ii) the reliability of the cost savings 
estimated 
by 
agencies 
associated 
with 
projects funded by the Fund;
604 
† HR 2810 PAP
(iii) whether agencies receiving trans-
fers of funds from the Fund used full and 
open competition to acquire the custom de-
velopment of information technology prod-
ucts or services; and 
(iv) the number of IT procurement, de-
velopment, and modernization programs, of-
fices, and entities in the Federal Govern-
ment, including 18F and the United States 
Digital Services, the roles, responsibilities, 
and goals of those programs and entities, 
and the extent to which they duplicate work. 
(c) TECHNOLOGY MODERNIZATION BOARD.— 
(1) ESTABLISHMENT.—There is established a 
Technology Modernization Board to evaluate pro-
posals submitted by agencies for funding authorized 
under the Fund. 
(2) RESPONSIBILITIES.—The responsibilities of 
the Board are— 
(A) to provide input to the Director for the 
development of processes for agencies to submit 
modernization proposals to the Board and to es-
tablish the criteria by which those proposals are 
evaluated, which shall include—
605 
† HR 2810 PAP
(i) addressing the greatest security, 
privacy, and operational risks; 
(ii) having the greatest Government-
wide impact; and 
(iii) having a high probability of suc-
cess based on factors including a strong 
business case, technical design, consider-
ation of commercial off-the-shelf products 
and services, procurement strategy (includ-
ing adequate use of rapid, agile iterative 
software development practices), and pro-
gram management; 
(B) to make recommendations to the Ad-
ministrator to assist agencies in the further de-
velopment and refinement of select submitted 
modernization proposals, based on an initial 
evaluation performed with the assistance of the 
Administrator; 
(C) to review and prioritize, with the assist-
ance of the Administrator and the Director, mod-
ernization proposals based on criteria established 
pursuant to subparagraph (A); 
(D) to identify, with the assistance of the 
Administrator, opportunities to improve or re-
place multiple information technology systems
606 
† HR 2810 PAP
with a smaller number of information technology 
services common to multiple agencies; 
(E) to recommend the funding of mod-
ernization projects, in accordance with the uses 
described in subsection (b)(3), to the Adminis-
trator; 
(F) to monitor, in consultation with the Ad-
ministrator, progress and performance in exe-
cuting approved projects and, if necessary, rec-
ommend the suspension or termination of fund-
ing for projects based on factors including the 
failure to meet the terms of a written agreement 
described in subsection (b)(6); and 
(G) to monitor the operating costs of the 
Fund. 
(3) MEMBERSHIP.—The Board shall consist of 7 
voting members. 
(4) CHAIR.—The Chair of the Board shall be the 
Administrator of the Office of Electronic Government. 
(5) PERMANENT
MEMBERS.—The permanent 
members of the Board shall be— 
(A) the Administrator of the Office of Elec-
tronic Government; and 
(B) a senior official from the General Serv-
ices Administration having technical expertise in
607 
† HR 2810 PAP
information technology development, appointed 
by the Administrator, with the approval of the 
Director. 
(6) ADDITIONAL MEMBERS OF THE BOARD.— 
(A) APPOINTMENT.—The other members of 
the Board shall be— 
(i) 1 employee of the National Protec-
tion and Programs Directorate of the De-
partment of Homeland Security, appointed 
by the Secretary of Homeland Security; and 
(ii) 4 employees of the Federal Govern-
ment primarily having technical expertise 
in information technology development, fi-
nancial management, cybersecurity and 
privacy, and acquisition, appointed by the 
Director. 
(B) TERM.—Each member of the Board de-
scribed in paragraph (A) shall serve a term of 1 
year, which shall be renewable not more than 4 
times at the discretion of the appointing Sec-
retary or Director, as applicable. 
(7) PROHIBITION ON COMPENSATION.—Members 
of the Board may not receive additional pay, allow-
ances, or benefits by reason of their service on the 
Board.
608 
† HR 2810 PAP
(8) STAFF.—Upon request of the Chair of the 
Board, the Director and the Administrator may de-
tail, on a reimbursable or nonreimbursable basis, any 
employee of the Federal Government to the Board to 
assist the Board in carrying out the functions of the 
Board. 
(d) RESPONSIBILITIES OF ADMINISTRATOR.— 
(1) IN GENERAL.—In addition to the responsibil-
ities described in subsection (b), the Administrator 
shall support the activities of the Board and provide 
technical support to, and, with the concurrence of the 
Director, oversight of, agencies that receive transfers 
from the Fund. 
(2) RESPONSIBILITIES.—The responsibilities of 
the Administrator are— 
(A) to provide direct technical support in 
the form of personnel services or otherwise to 
agencies transferred amounts under subsection 
(b)(3)(A) and for products, services, and acquisi-
tion vehicles funded under subsection (b)(3)(B); 
(B) to assist the Board with the evaluation, 
prioritization, and development of agency mod-
ernization proposals. 
(C) to perform regular project oversight and 
monitoring of approved agency modernization
609 
† HR 2810 PAP
projects, in consultation with the Board and the 
Director, to increase the likelihood of successful 
implementation and reduce waste; and 
(D) to provide the Director with informa-
tion necessary to meet the requirements of sub-
section (b)(7). 
(e) EFFECTIVE DATE.—This section shall take effect on 
the date that is 90 days after the date of enactment of this 
Act. 
(f) SUNSET.— 
(1) IN GENERAL.—On and after the date that is 
2 years after the date on which the Comptroller Gen-
eral of the United States issues the third report re-
quired under subsection (b)(7)(B), the Administrator 
may not award or transfer funds from the Fund for 
any project that is not already in progress as of such 
date. 
(2) TRANSFER OF UNOBLIGATED AMOUNTS.—Not 
later than 90 days after the date on which all projects 
that received an award from the Fund are completed, 
any amounts in the Fund shall be transferred to the 
general fund of the Treasury and shall be used for 
deficit reduction. 
(3) TERMINATION OF TECHNOLOGY MODERNIZA-
TION BOARD.—Not later than 90 days after the date
610 
† HR 2810 PAP
on which all projects that received an award from the 
Fund are completed, the Technology Modernization 
Board and all the authorities of subsection (c) shall 
terminate. 
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 DEPART-
MENT OF DEFENSE. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
Defense shall carry out within the Department of Defense 
a pilot program to assess the feasability and advisability 
of an enhanced personnel management system in accord-
ance with this section for cybersecurity and legal profes-
sionals in the Department described in subsection (b) who 
enter civilian service with the Department on or after Janu-
ary 1, 2020. 
(b) CYBERSECURITY AND LEGAL PROFESSIONALS.— 
(1) IN GENERAL.—The cybersecurity and legal 
professionals described in this subsection are the fol-
lowing:
611 
† HR 2810 PAP
(A) Civilian cybersecurity professionals in 
the Department of Defense consisting of civilian 
personnel engaged in or directly supporting 
planning, commanding and controlling, train-
ing, developing, acquiring, modifying, and oper-
ating systems and capabilities, and military 
units and intelligence organizations (other than 
those funded by the National Intelligence Pro-
gram) that are directly engaged in or used for 
offensive and defensive cyber and information 
warfare or intelligence activities in support 
thereof. 
(B) Civilian legal professionals in the De-
partment occupying legal or similar positions, 
as determined by the Secretary of Defense for 
purposes of the pilot program, that require eligi-
bility to practice law in a State or territory of 
the United States. 
(2) INAPPLICABILITY
TO
SES
POSITIONS.—The 
pilot program shall not apply to positions within the 
Senior Executive Service under subchapter VIII of 
chapter 53 of title 5, United States Code. 
(c) DIRECT-APPOINTMENT AUTHORITY.— 
(1) INAPPLICABILITY OF GENERAL CIVIL SERVICE 
APPOINTMENT
AUTHORITIES
TO
APPOINTMENTS.—
612 
† HR 2810 PAP
Under the pilot program, the Secretary of Defense, 
with respect to the Defense Agencies, and the Sec-
retary of the military department concerned, with re-
spect to the military departments, may appoint 
qualified candidates as cybersecurity and legal profes-
sionals without regard to the provisions of subchapter 
I of chapter 33 of title 5, United States Code. 
(2) APPOINTMENT ON DIRECT-HIRE BASIS.—Ap-
pointments under the pilot program shall be made on 
a direct-hire basis. 
(d) TERM APPOINTMENTS.— 
(1) RENEWABLE
TERM
APPOINTMENTS.—Each 
individual shall serve with the Department of Defense 
as a cybersecurity or legal professional under the pilot 
program pursuant to an initial appointment to serv-
ice with the Department for a term of not less than 
2 years nor more than 8 years. Any term of appoint-
ment under the pilot program may be renewed for one 
or more additional terms of not less than 2 years nor 
more than 8 years as provided in subsection (h). 
(2) LENGTH OF TERMS.—The length of the term 
of appointment to a position under the pilot program 
shall be prescribed by the Secretary of Defense taking 
into account the national security, mission, and other 
applicable requirements of the position. Positions hav-
613 
† HR 2810 PAP
ing identical or similar requirements or terms may be 
grouped into categories for purposes of the pilot pro-
gram. The Secretary may delegate any authority in 
this paragraph to a commissioned officer of the 
Armed Forces in pay grade O–7 or above or an em-
ployee in the Department in the Senior Executive 
Service. 
(e) NATURE OF SERVICE UNDER APPOINTMENTS.— 
(1) TREATMENT OF PERSONNEL APPOINTED AS 
‘‘EMPLOYEES’’.—Except as otherwise provided by this 
section, individuals serving with the Department of 
Defense as cybersecurity or legal professionals under 
the pilot program pursuant to appointments under 
this section shall be considered employees (as specified 
in section 2105 of title 5, United States Code) for 
purposes of the provisions of title 5, United States 
Code, and other applicable provisions of law, includ-
ing, in particular, for purposes as follows: 
(A) Eligibility for participation in the Fed-
eral Employees’ Retirement System under chap-
ter 84 of title 5, United States Code, subject to 
the provisions of section 8402 of such title and 
the regulations prescribed pursuant to such sec-
tion.
614 
† HR 2810 PAP
(B) Eligibility for enrollment in a health 
benefits plan under chapter 89 of title 5, United 
States Code (commonly referred as the ‘‘Federal 
Employees Health Benefits Program’’). 
(C) Eligibility for and subject to the em-
ployment protections of subpart F of part III of 
title 5, United States Code, relating to merit 
principles and protections. 
(D) Eligibility for the protections of chapter 
81, of title 5, United States Code, relating to 
workers compensation. 
(2) SCOPE OF RIGHTS AND BENEFITS.—In ad-
ministering the pilot program, the Secretary of De-
fense shall specify, and from time to time update, a 
comprehensive description of the rights and benefits of 
individuals serving with the Department under the 
pilot program pursuant to this subsection and of the 
provisions of law under which such rights and bene-
fits arise. 
(f) COMPENSATION.— 
(1) BASIC
PAY.—Individuals serving with the 
Department of Defense as cybersecurity or legal pro-
fessionals under the pilot program shall be paid basic 
pay for such service in accordance with a schedule of
615 
† HR 2810 PAP
pay prescribed by the Secretary of Defense for pur-
poses of the pilot program. 
(2) TREATMENT AS BASIC PAY.—Basic pay pay-
able under the pilot program shall be treated for all 
purposes as basic pay paid under the provisions of 
title 5, United States Code. 
(3) PERFORMANCE AWARDS.—Individuals serv-
ing with the Department as cybersecurity or legal 
professionals under the pilot program may be award-
ed such performance awards for outstanding perform-
ance as the Secretary shall prescribe for purposes of 
the pilot program. The performance awards may in-
clude a monetary bonus, time off with pay, or such 
other awards as the Secretary considers appropriate 
for purposes of the pilot program. The award of per-
formance awards under the pilot program shall based 
in accordance with such policies and requirements as 
the Secretary shall prescribe for purposes of the pilot 
program. 
(4) ADDITIONAL
COMPENSATION.—Individuals 
serving with the Department as cybersecurity or legal 
professionals under the pilot program may be award-
ed such additional compensation above basic pay as 
the Secretary (or the designees of the Secretary) con-
sider appropriate in order to promote the recruitment
616 
† HR 2810 PAP
and retention of highly skilled and productive cyberse-
curity and legal professionals to and with the Depart-
ment. 
(g) PROBATIONARY PERIOD.—The following terms of 
appointment shall be treated as a probationary period 
under the pilot program: 
(1) The first term of appointment of an indi-
vidual to service with the Department of Defense as 
a cybersecurity or legal professional, regardless of 
length. 
(2) The first term of appointment of an indi-
vidual to a supervisory position in the Department as 
a cybersecurity or legal professional, regardless of 
length and regardless of whether or not such term of 
appointment to a supervisory position is the first 
term of appointment of the individual concerned to 
service with the Department as a cybersecurity or 
legal professional. 
(h) RENEWAL OF APPOINTMENTS.— 
(1) IN GENERAL.—The Secretary of Defense shall 
prescribe the conditions for the renewal of appoint-
ments under the pilot program. The conditions may 
apply to one or more categories of positions, positions 
on a case-by-case basis, or both.
617 
† HR 2810 PAP
(2) PARTICULAR
CONDITIONS.—In prescribing 
conditions for the renewal of appointments under the 
pilot program, the Secretary shall take into account 
the following (in the order specified): 
(A) The necessity for the continuation of the 
position concerned based on mission require-
ments and other applicable justifications for the 
position. 
(B) The service performance of the indi-
vidual serving in the position concerned, with 
individuals with satisfactory or better perform-
ance afforded preference in renewal. 
(C) Input from employees on conditions for 
renewal. 
(D) Applicable private and public sector 
labor market conditions. 
(3) SERVICE PERFORMANCE.—The assessment of 
the service performance of an individual under the 
pilot program for purposes of paragraph (2)(B) shall 
consist of an assessment of the ability of the indi-
vidual to effectively accomplish mission goals for the 
position concerned as determined by the supervisor or 
manager of the individual based on the individual’s 
performance evaluations and the knowledge of and re-
view by such supervisor or manager (developed in
618 
† HR 2810 PAP
consultation with the individual) of the individual’s 
performance in the position. An individual’s tenure of 
service in a position or the Department of Defense 
may not be the primary element of the assessment. 
(i) PROFESSIONAL DEVELOPMENT.—The pilot pro-
gram shall provide for the professional development of indi-
viduals serving with the Department of Defense as cyberse-
curity and legal professionals under the pilot program in 
a manner that— 
(1) creates opportunities for education, training, 
and career-broadening experiences, and for experi-
mental opportunities in other organizations within 
and outside the Federal Government; and 
(2) reflects the differentiated needs of personnel 
at different stages of their careers. 
(j) SABBATICALS.— 
(1) IN GENERAL.—The pilot program shall pro-
vide for an individual who is in a successive term 
after the first 8 years with the Department of Defense 
as a cybersecurity or legal professional under the pilot 
program to take, at the election of the individual, a 
paid or unpaid sabbatical from service with the De-
partment for professional development or education 
purposes. The length of a sabbatical shall be any 
length not less than 6 months nor more than 1 year
619 
† HR 2810 PAP
(unless a different period is approved by the Sec-
retary of the military department or head of the orga-
nization or element of the Department concerned for 
purposes of this subsection). The purpose of any sab-
batical shall be subject to advance approval by the or-
ganization or element in the Department in which the 
individual is currently performing service. The taking 
of a sabbatical shall be contingent on the written 
agreement of the individual concerned to serve with 
the Department for an appropriate length of time at 
the conclusion of the term of appointment in which 
the sabbatical commences, with the period of such 
service to be in addition to the period of such term 
of appointment. 
(2) NUMBER OF SABBATICALS.—An individual 
may take more than one sabbatical under this sub-
section. 
(3) REPAYMENT.—Except as provided in para-
graph (4), an individual who fails to satisfy a writ-
ten agreement executed under paragraph (1) with re-
spect to a sabbatical shall repay the Department an 
amount equal to any pay, allowances, and other bene-
fits received by the individual from the Department 
during the period of the sabbatical.
620 
† HR 2810 PAP
(4) WAIVER
OF
REPAYMENT.—An agreement 
under paragraph (1) may include such conditions for 
the waiver of repayment otherwise required under 
paragraph (3) for failure to satisfy such agreement as 
the Secretary specifies in such agreement. 
(k) REGULATIONS.—The Secretary of Defense shall ad-
minister the pilot program under regulations prescribed by 
the Secretary for purposes of the pilot program. 
(l) TERMINATION.— 
(1) IN GENERAL.—The authority of the Secretary 
of Defense to appoint individuals for service with the 
Department of Defense as cybersecurity or legal pro-
fessionals under the pilot program shall expire on De-
cember 31, 2029. 
(2) EFFECT ON EXISTING APPOINTMENTS.—The 
termination of authority in paragraph (1) shall not 
be construed to terminate or otherwise affect any ap-
pointment made under this section before December 
31, 2029, that remains valid as of that date. 
(m) IMPLEMENTATION.— 
(1) INTERIM FINAL RULE.—Not later than one 
year after the date of the enactment of this Act, the 
Secretary of Defense shall prescribe an interim final 
rule to implement the pilot program.
621 
† HR 2810 PAP
(2) FINAL RULE.—Not later than 180 days after 
prescribing the interim final rule under paragraph 
(1) and considering public comments with respect to 
such interim final rule, the Secretary shall prescribe 
a final rule to implement the pilot program. 
(3) OBJECTIVES.—The regulations prescribed 
under paragraphs (1) and (2) shall accomplish the 
objectives set forth in subsections (a) through (j) and 
otherwise ensure flexibility and expedited appoint-
ment of cybersecurity and legal professionals in the 
Department of Defense under the pilot program. 
(n) REPORTS.— 
(1) REPORTS REQUIRED.—Not later than Janu-
ary 30 of each of 2022, 2025, and 2028, the Secretary 
of Defense shall submit to the appropriate committees 
of Congress a report on the carrying out of the pilot 
program. Each report shall include the following: 
(A) A description and assessment of the car-
rying out of the pilot program during the period 
since the commencement of the pilot program or 
the previous submittal of a report under this 
subsection, as applicable. 
(B) A description and assessment of the suc-
cesses in and impediments to carrying out the 
pilot program system during such period.
622 
† HR 2810 PAP
(C) Such recommendations as the Secretary 
considers appropriate for legislative action to 
improve the pilot program and to otherwise im-
prove civilian personnel management of cyberse-
curity and legal professionals by the Department 
of Defense. 
(D) In the case of the report submitted in 
2028, an assessment and recommendations by 
the Secretary on whether to make the pilot pro-
gram permanent. 
(2) APPROPRIATE
COMMITTEES
OF
CONGRESS 
DEFINED.—In this subsection, the term ‘‘appropriate 
committees of Congress’’ means— 
(A) the Committee on Armed Services and 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate; and 
(B) the Committee on Armed Services and 
the Committee on Oversight and Government Re-
form of the House of Representatives.
623 
† HR 2810 PAP
SEC. 1102. INCLUSION OF STRATEGIC CAPABILITIES OFFICE 
AND DEFENSE INNOVATION UNIT EXPERI-
MENTAL OF THE DEPARTMENT OF DEFENSE 
IN PERSONNEL MANAGEMENT AUTHORITY TO 
ATTRACT EXPERTS IN SCIENCE AND ENGI-
NEERING. 
(a) IN GENERAL.—Subsection (a) of section 1599h of 
title 10, United States Code, is amended by adding at the 
end the following new paragraphs: 
‘‘(4) STRATEGIC CAPABILITIES OFFICE.—The Di-
rector of the Strategic Capabilities Office may carry 
out a program of personnel management authority 
provided in subsection (b) in order to facilitate re-
cruitment of eminent experts in science or engineering 
for the Office. 
‘‘(5) DIUx.—The Director of the Defense Innova-
tion Unit Experimental may carry out a program of 
personnel management authority provided in sub-
section (b) in order to facilitate recruitment of emi-
nent experts in science or engineering for the Unit.’’. 
(b) SCOPE OF APPOINTMENT AUTHORITY.—Subsection 
(b)(1) of such section is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; and 
(2) by adding at the end the following new sub-
paragraphs:
624 
† HR 2810 PAP
‘‘(D) in the case of the Strategic Capabili-
ties Office, appoint scientists and engineers to a 
total of not more than 5 scientific and engineer-
ing positions in the Office; and 
‘‘(E) in the case of the Defense Innovation 
Unit Experimental, appoint scientists and engi-
neers to a total of not more than 5 scientific and 
engineering positions in the Unit;’’. 
(c) EXTENSION OF TERMS OF APPOINTMENT.—Sub-
section (c)(2) of such section is amended by striking ‘‘or 
the Office of Operational Test and Evaluation’’ and insert-
ing ‘‘the Office of Operational Test and Evaluation, the 
Strategic Capabilities Office, or the Defense Innovation 
Unit Experimental’’. 
SEC. 1103. PERMANENT AUTHORITY FOR DEMONSTRATION 
PROJECTS RELATING TO ACQUISITION PER-
SONNEL MANAGEMENT POLICIES AND PRO-
CEDURES. 
(a) PERMANENT AUTHORITY.—Section 1762 of title 
10, United States Code, is amended by striking subsections 
(g) and (h). 
(b) SCOPE OF AUTHORITY.—Subsection (a) of such sec-
tion is amended by striking ‘‘COMMENCEMENT.—’’ and all 
that follows through ‘‘a demonstration project’’ and insert-
625 
† HR 2810 PAP
ing ‘‘IN GENERAL.—The Secretary of Defense may carry 
out demonstration projects’’. 
(c) INCREASE
IN LIMIT
ON NUMBER
OF PARTICI-
PANTS.—Subsection (c) of such section is amended by strik-
ing ‘‘the demonstration project under this section may not 
exceed 120,000’’ and inserting ‘‘at any one time in dem-
onstration projects under this section may not exceed 
130,000’’. 
(d) ASSESSMENTS.—Subsection (e) of such section is 
amended— 
(1) by striking paragraph (1) and inserting the 
following new paragraph: 
‘‘(1) Upon the completion of a demonstration project 
under this section, the Secretary of Defense shall provide 
for the conduct of an assessment of the demonstration 
project by an appropriate independent organization des-
ignated by the Secretary for that purpose. The Secretary 
shall submit to the covered congressional committees a re-
port on each assessment conducted pursuant to this para-
graph.’’; and 
(2) by striking paragraph (3).
626 
† HR 2810 PAP
SEC. 1104. ESTABLISHMENT OF SENIOR SCIENTIFIC TECH-
NICAL MANAGERS AT MAJOR RANGE AND 
TEST FACILITY BASE FACILITIES AND DE-
FENSE TEST RESOURCE MANAGEMENT CEN-
TER. 
Section 2358a of title 10, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, each facility of 
the Major Range and Test Facility Base, 
and the Defense Test Resource Management 
Center’’ after ‘‘each STRL’’; and 
(ii) in subparagraph (A), by inserting 
‘‘, of such facility of the Major Range and 
Test Facility Base, or the Defense Test Re-
source Management Center’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘The positions’’ and in-
serting ‘‘(A) The laboratory positions’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(B) The test and evaluation positions described 
in paragraph (1) may be filled, and shall be man-
aged, by the director of the Major Range and Test Fa-
627 
† HR 2810 PAP
cility Base, in the case of a position at a facility of 
the Major Range and Test Facility Base, and the di-
rector of the Defense Test Resource Management Cen-
ter, in the case of a position at such center, under cri-
teria established pursuant to section 342(b) of the Na-
tional Defense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 10 U.S.C. 2358 note), relating 
to personnel demonstration projects at laboratories of 
the Department of Defense, except that the director 
involved shall determine the number of such positions 
at each facility of the Major Range and Test Facility 
Base and the Defense Test Resource Management Cen-
ter, not to exceed two percent of the number of sci-
entists and engineers employed at the Major Range 
and Test Facility Base or the Defense Test Resource 
Management Center, as the case may be, as of the 
close of the last fiscal year before the fiscal year in 
which any appointments subject to that numerical 
limitations are made.’’; and 
(2) in subsection (f)— 
(A) by redesignating paragraphs (1) and 
(2) as paragraphs (2) and (4), respectively; 
(B) by inserting before paragraph (2), as 
redesignated by subparagraph (A), the following 
new paragraph (1):
628 
† HR 2810 PAP
‘‘(1) The term ‘Defense Test Resource Manage-
ment Center’ means the Department of Defense Test 
Resource Management Center established under sec-
tion 196 of this title.’’; and 
(C) by inserting after paragraph (2), as so 
redesignated, the following new paragraph: 
‘‘(3) The term ‘Major Range and Test Facility 
Base’ means the test and evaluation facilities and re-
sources that are designated by the Secretary of De-
fense as facilities and resources comprising the Major 
Range and Test Facility Base.’’. 
SEC. 1105. EXTENSION OF TEMPORARY DIRECT HIRE AU-
THORITY FOR DOMESTIC DEFENSE INDUS-
TRIAL BASE FACILITIES AND THE MAJOR 
RANGE AND TEST FACILITIES BASE. 
Section 1125(a) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2457; 10 U.S.C. 1580 note prec.) is amended by striking 
‘‘and 2018’’ and inserting ‘‘through 2019’’. 
SEC. 1106. DIRECT HIRE AUTHORITY FOR FINANCIAL MAN-
AGEMENT EXPERTS IN THE DEPARTMENT OF 
DEFENSE WORKFORCE. 
Section 1110 of the National Defense Authorization 
Act for 2017 (Public Law 114–328; 130 Stat. 2450; 10 
U.S.C. 1580 note prec.) is amended—
629 
† HR 2810 PAP
(1) in subsection (a), by striking ‘‘the Defense 
Agencies or the applicable military Department’’ and 
inserting ‘‘a Department of Defense component’’; 
(2) in subsection (b)(1), by striking ‘‘the Defense 
Agencies’’ and inserting ‘‘each Department of Defense 
component listed in subsection (f) other than the De-
partment of the Army, the Department of the Navy, 
and the Department of the Air Force’’; 
(3) in subsection (d)— 
(A) by striking ‘‘any Defense Agency or 
military department’’ and inserting ‘‘any De-
partment of Defense component’’; and 
(B) by striking ‘‘such Defense Agency or 
military department’’ and inserting ‘‘such De-
partment of Defense component’’; and 
(4) by striking subsection (f) and inserting the 
following new subsection (f): 
‘‘(f) DEPARTMENT
OF DEFENSE COMPONENT DE-
FINED.—In this section, the term ‘Department of Defense 
component’ means the following: 
‘‘(1) A Defense Agency. 
‘‘(2) The Office of the Chairman of the Joint 
Chiefs of Staff. 
‘‘(3) The Joint Staff. 
‘‘(4) A combatant command.
630 
† HR 2810 PAP
‘‘(5) The Office of the Inspector General of the 
Department of Defense. 
‘‘(6) A Field Activity of the Department of De-
fense. 
‘‘(7) The Department of the Army. 
‘‘(8) The Department of the Navy. 
‘‘(9) The Department of the Air Force.’’. 
SEC. 1107. AUTHORITY FOR WAIVER OF REQUIREMENT FOR 
A BACCALAUREATE DEGREE FOR POSITIONS 
IN THE DEPARTMENT OF DEFENSE ON CY-
BERSECURITY AND COMPUTER PROGRAM-
MING. 
(a) BRIEFING ON WAIVER REQUIRED.—Not later than 
60 days after the date of the enactment of this Act, the Sec-
retary of Defense shall provide the Committees on Armed 
Services of the Senate and the House of Representatives a 
briefing on the feasability and advisability of the enactment 
into law of the waiver authority described in subsection (b) 
and the authorities in subsections (c) through (e). 
(b) WAIVER AUTHORITY.—The waiver authority de-
scribed in this subsection is the authority of the Secretary 
of Defense to waive any requirement in law for the posses-
sion of a baccalaureate degree as a condition of appoint-
ment to a position or category of positions in the Depart-
ment of Defense specified in subsection (c) if the Secretary
631 
† HR 2810 PAP
determined that the duties of the position or category of po-
sitions could be appropriately discharged by individuals 
demonstrating expertise other than a baccalaureate degree. 
(c) POSITIONS.—The positions or categories of posi-
tions in the Department specified in this subsection are po-
sitions or categories of positions whose primary duties in-
volve the following: 
(1) Cybersecurity, including computer network 
operations, computer network defense, computer net-
work attack, and computer network exploitation. 
(2) Computer programming. 
(d) APPOINTMENT.—An individual who does not pos-
sess a baccalaureate degree could be appointed to a position 
covered by a waiver pursuant to subsection (b) only if the 
Secretary determined that the expertise demonstrated by the 
individual was sufficient for the appropriate discharge of 
the duties of the position by the individual. 
(e) GUIDANCE.—The Secretary would issue guidance 
for purposes of this section setting forth the following: 
(1) The positions or categories of positions in the 
Department subject to the waiver authorized by sub-
section (b). 
(2) For each position or category of positions, 
the expertise required for appointment to such posi-
tion or category of positions.
632 
† HR 2810 PAP
Subtitle B—Government-wide 
Matters 
SEC. 1111. ELIMINATION OF FOREIGN EXEMPTION PROVI-
SION IN REGARD TO OVERTIME FOR FEDERAL 
CIVILIAN 
EMPLOYEES 
TEMPORARILY 
AS-
SIGNED TO A FOREIGN AREA. 
(a) IN GENERAL.—Section 5542 of title 5, United 
States Code, is amended by adding at the end the following: 
‘‘(h) Notwithstanding section 13(f) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(f)), an employee who 
is working at a location in a foreign country, or in a terri-
tory under the jurisdiction of the United States to which 
the exemption under such section 13(f) applies, in tem-
porary duty travel status while maintaining an official 
duty station or worksite in an area of the United States 
that is not exempted under such section 13(f) shall not be 
considered, for all purposes, to be exempted from section 7 
of such Act (29 U.S.C. 207) on the basis of the employee 
performing work at such a location.’’. 
(b) FEDERAL WAGE SYSTEM EMPLOYEES.—Section 
5544 of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘(d) Notwithstanding section 13(f) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(f)), an employee 
whose overtime pay is determined in accordance with sub-
633 
† HR 2810 PAP
section (a) who is working at a location in a foreign coun-
try, or in a territory under the jurisdiction of the United 
States to which the exemption under such section 13(f) ap-
plies, in temporary duty travel status while maintaining 
an official duty station or worksite in an area of the United 
States that is not exempted under such section 13(f) shall 
not be considered, for all purposes, to be exempted from sec-
tion 7 of such Act (29 U.S.C. 207) on the basis of the em-
ployee performing work at such a location.’’. 
(c) CONFORMING REPEAL.—Section 5542(a) of title 5, 
United States Code, is amended by striking paragraph (6). 
SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
Section 1101(a) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4615), as most recently amended by sec-
tion 1137 of the National Defense Authorization Act for Fis-
cal Year 2017 (Public Law 114–328), is further amended 
by striking ‘‘through 2017’’ and inserting ‘‘through 2018’’.
634 
† HR 2810 PAP
SEC. 1113. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-
ITY TO GRANT ALLOWANCES, BENEFITS, AND 
GRATUITIES TO CIVILIAN PERSONNEL ON OF-
FICIAL DUTY IN A COMBAT ZONE. 
Paragraph (2) of section 1603(a) of the Emergency 
Supplemental Appropriations Act for Defense, the Global 
War on Terror, and Hurricane Recovery, 2006 (Public Law 
109–234; 120 Stat. 443), as added by section 1102 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) 
and most recently amended by section 1133 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114–328), is further amended by striking ‘‘2018’’ and 
inserting ‘‘2019’’. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. SUPPORT OF SPECIAL OPERATIONS FOR IRREG-
ULAR WARFARE. 
(a) AUTHORITY.—The Secretary of Defense may, with 
the concurrence of the relevant Chief of Mission, expend up 
to $10,000,000 during each of fiscal years 2018 through 
2021 to provide support to foreign forces, irregular forces, 
groups, or individuals engaged in supporting or facilitating
635 
† HR 2810 PAP
ongoing irregular warfare operations by United States Spe-
cial Operations Forces. 
(b) FUNDS.—Funds for support under this section in 
a fiscal year shall be derived from amounts authorized to 
be appropriated for that fiscal year for the Department of 
Defense for operation and maintenance. 
(c) PROCEDURES.— 
(1) IN GENERAL.—The authority in this section 
shall be exercised in accordance with such procedures 
as the Secretary shall establish for purposes of this 
section. 
(2) ELEMENTS.—The procedures that shall estab-
lish, at a minimum, the following: 
(A) Policy guidance for the execution of ac-
tivities under the authority in this section. 
(B) The processes through which activities 
under the authority in this section are to be de-
veloped, validated, and coordinated, as appro-
priate, with relevant entities of the United States 
Government. 
(3) NOTICE TO CONGRESS ON PROCEDURES AND 
MATERIAL MODIFICATIONS.—The Secretary shall no-
tify the congressional defense committees of the proce-
dures established pursuant to this section before any 
exercise of the authority in this section, and shall no-
636 
† HR 2810 PAP
tify such committee of any material modification of 
the procedures. 
(d) NOTIFICATION.— 
(1) IN GENERAL.—Not later than 15 days before 
exercising the authority in this section to make funds 
available to initiate support of an approved military 
operation or changing the scope or funding level of 
any support under this section for such an operation 
by $500,000 or an amount equal to 10 percent of such 
funding level (whichever is less), or not later than 48 
hours after exercising such authority if the Secretary 
determines that extraordinary circumstances that im-
pact the national security of the United States exist 
that otherwise prevent notice under this subsection be-
fore the exercise of such authority, the Secretary shall 
notify the congressional defense committees of the use 
of such authority with respect to such operation. Any 
such notification shall be in writing. 
(2) ELEMENTS.—A notification required by this 
subsection shall include the following: 
(A) The type of support provided or to be 
provided to United States Special Operations 
Forces. 
(B) The type of support provided or to be 
provided to the recipient of the funds.
637 
† HR 2810 PAP
(C) The amount obligated under the author-
ity to provide support. 
(e) LIMITATION ON DELEGATION.—The authority of 
the Secretary to make funds available under this section 
for support of a military operation may not be delegated. 
(f) CONSTRUCTION OF AUTHORITY.—Nothing in this 
section shall be construed to constitute a specific statutory 
authorization for any of the following: 
(1) The conduct of a covert action, as such term 
is defined in section 503(e) of the National Security 
Act of 1947 (50 U.S.C. 3093(e)). 
(2) The introduction of United States Armed 
Forces into hostilities or into situations wherein hos-
tilities are clearly indicated by the circumstances. 
(3) The conduct or support of activities, directly 
or indirectly, that are inconsistent with the laws of 
armed conflict. 
(g) PROGRAMMATIC
AND POLICY OVERSIGHT.—The 
Assistant Secretary of Defense for Special Operations and 
Low-Intensity Conflict shall have primary programmatic 
and policy oversight within the Office of the Secretary of 
Defense of support to irregular warfare activities authorized 
by this section. 
(h) BIANNUAL REPORTS.—
638 
† HR 2810 PAP
(1) REPORT ON PRECEDING FISCAL YEAR.—Not 
later than 120 days after the close of each fiscal year 
in which subsection (a) is in effect, the Secretary shall 
submit to the congressional defense committees a re-
port on the support provided under this section dur-
ing the preceding fiscal year. 
(2) REPORT ON CURRENT CALENDAR YEAR.—Not 
later than 180 days after the submittal of each report 
required by paragraph (1), the Secretary shall submit 
to the congressional defense committees a report on 
the support provided under this section during the 
first half of the fiscal year in which the report under 
this paragraph is submitted. 
(3) ELEMENTS.—Each report required by this 
subsection shall include the following: 
(A) A summary of the ongoing irregular 
warfare operations by United States Special Op-
erations Forces that were supported or facilitated 
by foreign forces, irregular forces, groups, or in-
dividuals for which support was provided under 
this section during the period covered by such re-
port. 
(B) A description of the support or facilita-
tion provided by such foreign forces, irregular