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(B) decrease backlogs and lead times for the 
production of parts for such aircraft. 
(2) To advance the qualification, certification, 
and integration of additive manufacturing into the 
Air Force supply chain. 
(3) To otherwise identify and reduce supply 
chain risk for the Air Force. 
(4) To define workforce development require-
ments and training for personnel who implement and 
support additive manufacturing for the Air Force at 
the warfighter, end-item designer and equipment op-
erator, and acquisition officer levels. 
(b) FUNDING.—Of the amounts authorized to be appro-
priated for fiscal year 2019 by section 201 for research, de-
velopment, test, and evaluation for the Air Force and avail-
able for Tech Transition Program (Program Element 
(0604858F)), up to $42,800,000 may be available as de-
scribed in subsection (a). 
SEC. 238. REVIEW OF GUIDANCE ON BLAST EXPOSURE DUR-
ING TRAINING. 
(a) INITIAL REVIEW.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall review the firing limits for heavy weapons dur-
ing training exercises.
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(b) ELEMENTS.—The review required by subsection (a) 
shall take into account current data and evidence on the 
cognitive effects of blast exposure and shall include consider-
ation of the following: 
(1) The impact of exposure over multiple succes-
sive days of training. 
(2) The impact of multiple types of heavy weap-
ons being fired in close succession. 
(3) The feasibility of cumulative annual or life-
time exposure limits. 
(4) The minimum safe distance for observers and 
instructors. 
(c) UPDATED TRAINING GUIDANCE.—Not later than 
180 days after the date of the completion of the review under 
subsection (a), each Secretary of a military department 
shall update any relevant training guidance to account for 
the conclusions of the review. 
(d) UPDATED REVIEW.— 
(1) IN GENERAL.—Not less frequently than once 
every two years after the initial review conducted 
under subsection (a), the Secretary of Defense shall 
conduct an updated review under such subsection, in-
cluding consideration of the matters set forth under 
subsection (b), and update training guidance under 
subsection (c).
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(2) CONSIDERATION OF NEW RESEARCH AND EVI-
DENCE.—Each updated review conducted under para-
graph (1) shall take into account new research and 
evidence that has emerged since the previous review. 
(e) BRIEFING REQUIRED.—The Secretary of Defense 
shall brief the Committees on Armed Services of the Senate 
and the House of Representatives on a summary of the re-
sults of the initial review under subsection (a), each up-
dated review conducted under subsection (d), and any up-
dates to training guidance and procedures resulting from 
any such review or updated review. 
SEC. 239. LIST OF TECHNOLOGIES AND MANUFACTURING 
CAPABILITIES CRITICAL TO ARMED FORCES. 
(a) LIST REQUIRED.—The Secretary of Defense shall 
develop a list of technologies and manufacturing capabili-
ties critical to the Armed Forces. 
(b) PRIMARY EMPHASIS.—In developing such list, pri-
mary emphasis shall be given to— 
(1) research, development, design, and manufac-
turing expertise; 
(2) research, development, design, and manufac-
turing equipment and unique facilities; 
(3) goods and services associated with or enabled 
by research, development, operation, application, 
manufacturing, or maintenance expertise, which are
† HR 5515 EAS 
not possessed by countries to which exports are con-
trolled and which, if exported or otherwise trans-
ferred, would permit a significant advance in the 
military capabilities of any such country; and 
(4) emerging technology areas supportive of mili-
tary requirements and strategies. 
(c) SPECIFICITY.—The shall ensure that the list re-
quired by subsection (a) is sufficiently specific to guide the 
recommendations of the Secretary in any interagency deter-
minations on exercising export licensing, technology trans-
fer, or foreign investment. 
(d) PUBLICATION.— 
(1) IN GENERAL.—Not later than December 31, 
2019, the Secretary shall publish the list required by 
subsection (a) and continuously update such list 
thereafter as the Secretary considers appropriate. 
(2) FORM.—The list published under paragraph 
(1) shall be published in unclassified form, but may 
include a classified annex. 
SEC. 240. REPORT ON REQUIRING ACCESS TO DIGITAL 
TECHNICAL DATA IN FUTURE ACQUISITIONS 
OF COMBAT, COMBAT SERVICE, AND COMBAT 
SUPPORT SYSTEMS. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
† HR 5515 EAS 
gressional defense committees a report on the feasibility and 
advisability of requiring access to digital technical data in 
all future acquisitions by the Department of Defense of com-
bat, combat service, and combat support systems, including 
front-end negotiations for such access. Such report shall in-
clude a digital data standard for technical data for use by 
equipment manufacturers and the Department with regard 
to three-dimensional printed parts. 
SEC. 
241. 
COMPETITIVE 
ACQUISITION 
STRATEGY 
FOR 
BRADLEY FIGHTING VEHICLE TRANSMISSION 
REPLACEMENT. 
(a) PLAN REQUIRED.—The Secretary of the Army 
shall develop a strategy to competitively procure a new 
transmission for the Bradley Fighting Vehicle family of ve-
hicles. 
(b) ADDITIONAL
STRATEGY
REQUIREMENTS.—The 
plan required by subsection (a) shall include the following: 
(1) An analysis of the potential cost savings and 
performance improvements associated with developing 
or procuring a new transmission common to the 
Bradley Fighting Vehicle family of vehicles, including 
the Armored Multipurpose Vehicle and the Paladin 
Integrated Management artillery system. 
(2) A plan to use full and open competition to 
the maximum extent practicable.
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(c) TIMELINE.—Not later than February 15, 2019, the 
Secretary of the Army shall submit to the congressional de-
fense committees the strategy developed under subsection 
(a). 
(d) LIMITATION.—None of the funds authorized to be 
appropriated for fiscal year 2019 by this Act for Weapons 
and Tracked Combat Vehicles, Army, may be obligated or 
expended to procure a Bradley Fighting Vehicle replace-
ment transmission until the date that is 30 days after the 
date on which the Secretary of the Army submits to the 
congressional defense committees the plan required by sub-
section (a). 
SEC. 242. INDEPENDENT ASSESSMENT OF ELECTRONIC 
WARFARE PLANS AND PROGRAMS. 
(a) AGREEMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall 
seek to enter into an agreement with the private sci-
entific advisory group known as ‘‘JASON’’ to perform 
the services covered by this section. 
(2) TIMING.—The Secretary shall seek to enter 
into the agreement described in paragraph (1) not 
later than 120 days after the date of the enactment 
of this Act.
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(b) INDEPENDENT ASSESSMENT.—Under an agree-
ment between the Secretary and JASON under this section, 
JASON shall— 
(1) assess the strategies, programs, order of bat-
tle, and doctrine of the United States related to the 
electronic warfare mission area and electromagnetic 
spectrum operations; 
(2) assess the strategies, programs, order of bat-
tle, and doctrine of potential adversaries, such as 
China, Iran, and the Russian Federation, related to 
the same; 
(3) develop recommendations for improvements 
to the strategies, programs, and doctrine of the United 
States in order to enable the United States to achieve 
and maintain superiority in the electromagnetic spec-
trum in future conflicts; and 
(4) develop recommendations for the Secretary, 
Congress, and such other Federal entities as JASON 
considers appropriate, including recommendations 
for— 
(A) closing technical, policy, or resource 
gaps; 
(B) improving cooperation and appropriate 
integration among Federal entities;
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(C) improving cooperation between the 
United States and other countries and inter-
national organizations; and 
(D) such other important matters identified 
by JASON that are directly relevant to the strat-
egies of the United States described in paragraph 
(3). 
(c) LIAISONS.—The Secretary shall appoint appro-
priate liaisons to JASON to support the timely conduct of 
the services covered by this section. 
(d) MATERIALS.—The Secretary shall provide access 
to JASON to materials relevant to the services covered by 
this section, consistent with the protection of sources and 
methods and other critically sensitive information. 
(e) CLEARANCES.—The Secretary shall ensure that ap-
propriate members and staff of JASON have the necessary 
clearances, obtained in an expedited manner, to conduct the 
services covered by this section. 
(f) REPORT.—Not later than October 1, 2019, the Sec-
retary shall submit to the congressional defense committees 
a report on— 
(1) the findings of JASON with respect to the as-
sessments carried out under subsection (b); and 
(2) the recommendations developed by JASON 
pursuant to such subsection.
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(g) ALTERNATE CONTRACT SCIENTIFIC ORGANIZA-
TION.— 
(1) IN
GENERAL.—If the Secretary is unable 
within the period prescribed in paragraph (2) of sub-
section (a) to enter into an agreement described in 
paragraph (1) of such subsection with JASON on 
terms acceptable to the Secretary, the Secretary shall 
seek to enter into such agreement with another appro-
priate scientific organization that— 
(A) is not part of the Government; and 
(B) has expertise and objectivity com-
parable to that of JASON. 
(2) TREATMENT.—If the Secretary enters into an 
agreement with another organization as described in 
paragraph (1), any reference in this section to 
JASON shall be treated as a reference to the other or-
ganization. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2019 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
† HR 5515 EAS 
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4301. 
Subtitle B—Energy and 
Environment 
SEC. 311. FURTHER IMPROVEMENTS TO ENERGY SECURITY 
AND RESILIENCE. 
(a) ENERGY POLICY AUTHORITY.—Section 2911(b) of 
title 10, United States Code, is amended— 
(1) by redesignating paragraphs (1), (2), and (3) 
as paragraphs (3), (4), and (5), respectively; and 
(2) by inserting before paragraph (3), as so re-
designated, the following new paragraphs: 
‘‘(1) establish metrics and standards for the as-
sessment of energy resilience; 
‘‘(2) require the Secretary of a military depart-
ment to perform mission assurance and readiness as-
sessments of energy power systems for mission critical 
assets and supporting infrastructure, applying uni-
form mission standards established by the Secretary 
of Defense;’’. 
(b) REPORTING ON ENERGY SECURITY AND RESIL-
IENCE GOALS.—Section 2911(c) of title 10, United States 
Code, is amended by adding at the end the following new 
paragraph:
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‘‘(3) The Secretary of Defense shall include the energy 
security and resilience goals of the Department of Defense 
in the installation energy report submitted under section 
2925(a) of this title for fiscal year 2018 and every fiscal 
year thereafter. In the development of energy security and 
resilience goals, the Department of Defense shall conform 
with the definitions of energy security and resilience under 
this title. The report shall include the amount of critical 
energy load, together with the level of availability and reli-
ability by fiscal year the Department of Defense deems nec-
essary to achieve energy security and resilience.’’. 
(c) REPORTING ON INSTALLATIONS ENERGY MANAGE-
MENT, ENERGY RESILIENCE, AND MISSION ASSURANCE.— 
Section 2925(a) of title 10, United States Code, is amend-
ed— 
(1) by inserting ‘‘, including progress on energy 
resilience at military installations according to 
metrics developed by the Secretary’’ after ‘‘under sec-
tion 2911 of this title’’; 
(2) in paragraph (3), by striking ‘‘the mission 
requirements associated with disruption tolerances 
based on risk to mission’’ and inserting ‘‘the 
downtimes (in minutes or hours) these missions can 
afford based on their mission requirements and risk 
tolerances’’;
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(3) in paragraph (4), by inserting ‘‘(including 
critical energy loads in megawatts and the associated 
downtime tolerances for critical energy loads)’’ after 
‘‘energy requirements and critical energy require-
ments’’; 
(4) by redesignating paragraph (5) as para-
graph (7); and 
(5) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) A list of energy resilience projects awarded 
by the Department of Defense by military department 
and military installation, whether appropriated or 
alternative financed for the reporting fiscal year, in-
cluding project description, award date, the critical 
energy requirements serviced (including critical en-
ergy loads in megawatts), expected reliability of the 
project (as indicated in the awarded contract), life 
cycle costs, savings to investment, fuel type, and the 
type of appropriation or alternative financing used. 
‘‘(6) A list of energy resilience projects planned 
by the Department of Defense by military department 
and military installation, whether appropriated or 
alternative financed for the next two fiscal years, in-
cluding project description, fuel type, expected award
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date, and the type of appropriation or alternative fi-
nancing expected for use.’’. 
(d) INCLUSION OF ENERGY SECURITY AND RESIL-
IENCE AS PRIORITIES IN CONTRACTS FOR ENERGY OR 
FUEL FOR MILITARY INSTALLATIONS.—Section 2922a(d) of 
title 10, United States Code, is amended to read as follows: 
‘‘(d) The Secretary concerned shall ensure energy secu-
rity and resilience are prioritized and included in the pro-
vision and operation of energy production facilities under 
this section.’’. 
(e) CONVEYANCE
AUTHORITY
FOR
UTILITY
SYS-
TEMS.—Section 2688 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘Secretary of 
a military department’’ and inserting ‘‘Secretary of 
Defense, or the Secretary of a military department 
designated by the Secretary,’’; 
(2) in subsection (d)(2), by adding at the end the 
following: ‘‘The business case analysis must also dem-
onstrate how a privatized system will operate in a 
manner consistent with subsection (g)(3).’’; and 
(3) in subsection (g)(3)— 
(A) by striking ‘‘Secretary concerned may 
require’’ and inserting ‘‘Secretary of Defense, in
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† HR 5515 EAS 
consultation with the Secretaries of the military 
departments, shall require’’; and 
(B) by striking ‘‘consistent with energy re-
silience requirements and metrics’’ and inserting 
‘‘consistent with energy resilience and cybersecu-
rity requirements and associated metrics’’. 
(f) MODIFICATION OF ENERGY RESILIENCE DEFINI-
TION.—Section 101(e)(6) of title 10, United States Code, 
is amended by striking ‘‘task critical assets and other’’. 
(g) AUTHORITY TO ACCEPT ENERGY PERFORMANCE 
FINANCIAL INCENTIVES FROM STATE AND LOCAL GOVERN-
MENTS.—Section 2913(c) of title 10, United States Code, 
is amended by inserting ‘‘a State or local government’’ after 
‘‘generally available from’’. 
(h) TREATMENT OF ENERGY DEMAND RESPONSE FI-
NANCIAL INCENTIVES.—Paragraph (2) of section 2919(b) of 
title 10, United States Code, is amended to read as follows: 
‘‘(2) credited to an appropriation designated by 
the Secretary of Defense, submitted in the annual 
President’s budget request, merged with the appro-
priation to which credited, and available for energy 
security or energy resilience projects.’’. 
(i) USE OF ENERGY COST SAVINGS TO IMPLEMENT 
ENERGY RESILIENCE AND ENERGY CONSERVATION CON-
STRUCTION PROJECTS.—Section 2912(b)(1) of title 10,
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† HR 5515 EAS 
United States Code, is amended by inserting ‘‘, including 
energy resilience and energy conservation construction 
projects,’’ after ‘‘energy security measures’’. 
(j) ADDITIONAL BASIS FOR PRESERVATION OF PROP-
ERTY IN THE VICINITY OF MILITARY INSTALLATIONS IN 
AGREEMENTS WITH NON-FEDERAL ENTITIES ON USE OF 
SUCH PROPERTY.—Section 2684a(a)(2)(B) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i)’’; 
and 
(2) by adding at the end of the following new 
clause: 
‘‘(ii) maintains or improves military in-
stallation resilience; or’’. 
SEC. 312. FUNDING OF STUDY AND ASSESSMENT OF 
HEALTH 
IMPLICATIONS 
OF 
PER- 
AND 
POLYFLUOROALKYL SUBSTANCES CONTAMI-
NATION IN DRINKING WATER BY AGENCY FOR 
TOXIC SUBSTANCES AND DISEASE REGISTRY. 
Paragraph (2) of section 316(a) of the National De-
fense Authorization Act for Fiscal Year 2018 (Public Law 
115–91) is amended to read as follows: 
‘‘(2) FUNDING.— 
‘‘(A) SOURCE OF FUNDS.—The study and 
assessment performed pursuant to this section
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may be paid for using funds authorized to be ap-
propriated to the Department of Defense under 
the heading ‘Operation and Maintenance, De-
fense-Wide’. 
‘‘(B) TRANSFER
AUTHORITY.—(i) Of the 
amounts authorized to be appropriated for the 
Department of Defense for fiscal year 2018, not 
more than $10,000,000 shall be transferred by 
the Secretary of Defense, without regard to sec-
tion 2215 of title 10, United States Code, to the 
Secretary of Health and Human Services to pay 
for the study and assessment required by this 
section. 
‘‘(ii) Without regard to section 2215 of title 
10, United States Code, the Secretary of Defense 
may transfer not more than $10,000,000 a year 
during fiscal years 2019 and 2020 to the Sec-
retary of Health and Human Services to pay for 
the study and assessment required by this sec-
tion. 
‘‘(C) EXPENDITURE AUTHORITY.—Amounts 
transferred to the Secretary of Health and 
Human Services shall be used to carry out the 
study and assessment under this section through 
contracts, cooperative agreements, or grants. In
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† HR 5515 EAS 
ing ‘‘control of an Assistant Secretary of Defense designated 
by the Secretary’’ and inserting ‘‘control of the Under Sec-
retary of Defense for Acquisition and Sustainment’’. 
(c) FUNCTIONS.—Subsection (b) of such section is 
amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) The Clearinghouse shall coordinate Depart-
ment of Defense consideration of and response to re-
quests for reviews received from other Federal agen-
cies, State governments, Indian tribal governments, 
local governments, landowners, and developers of en-
ergy projects.’’. 
(d) REVIEW OF PROPOSED ACTIONS.—Subsection (c) 
of such section is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by inserting ‘‘, 
including any potential negative impacts on 
pilot safety and training’’ after ‘‘military oper-
ations and readiness’’; and 
(B) in subparagraph (B), by inserting ‘‘, 
including any potential negative impacts on
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† HR 5515 EAS 
pilot safety and training,’’ after ‘‘risks to na-
tional security’’; and 
(2) in paragraph (3), by inserting ‘‘and the rel-
evant local military installation’’ after ‘‘notice to the 
governor of the State’’. 
(e) IDENTIFICATION OF ACTIONS TO MITIGATE ALL 
ADVERSE IMPACTS.—Subsection (d)(2)(F) is amended by 
inserting ‘‘all’’ before ‘‘adverse impacts of projects filed’’. 
(f) DEPARTMENT OF DEFENSE FINDING OF UNAC-
CEPTABLE RISK.—Subsection (e)(1) of such section is 
amended by inserting ‘‘, including unacceptable risk to 
pilot safety and unacceptable loss of training days’’ after 
‘‘risk to the national security of the United States’’. 
(g) DEFINITION OF ADVERSE IMPACT ON MILITARY 
OPERATIONS AND READINESS.—Subsection (h)(1) of such 
section is amended by inserting ‘‘pilot safety,’’ after ‘‘in-
cluding flight operations,’’. 
(h) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 7 of title 10, United States Code, 
is amended by striking the item relating to section 183a 
and inserting the following: 
‘‘183a. Military Mission Sustainment Siting Clearinghouse for review of energy 
projects.’’. 
SEC. 314. OPERATIONAL ENERGY POLICY. 
(a) IN GENERAL.—Section 2926 of title 10, United 
States Code, is amended—
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(1) by redesignating subsections (a), (b), (c), and 
(d) as subsections (c), (d), (e), (f), respectively; 
(2) by inserting before subsection (c), as redesig-
nated by paragraph (1), the following new sub-
sections: 
‘‘(a) OPERATIONAL ENERGY POLICY.—In carrying out 
section 2911(a) of this title, the Secretary of Defense shall 
ensure the types, availability, and use of operational energy 
promote the readiness of the armed forces for their military 
missions. 
‘‘(b) AUTHORITIES.—The Secretary of Defense may— 
‘‘(1) require the Secretary of a military depart-
ment or the commander of a combatant command to 
assess the energy supportability of systems, capabili-
ties, and plans; 
‘‘(2) authorize the use of energy security, cost of 
backup power, and energy resilience as factors in the 
cost-benefit analysis for procurement of operational 
equipment; and 
‘‘(3) in selecting equipment that will use oper-
ational energy, give favorable consideration to the ac-
quisition of equipment that enhances energy security, 
energy resilience, energy conservation, and reduces 
logistical vulnerabilities.’’; and
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† HR 5515 EAS 
(3) in subsection (c), as redesignated by subpara-
graph (A)— 
(A) in the subsection heading, by striking 
‘‘ALTERNATIVE FUEL ACTIVITIES’’ and inserting 
‘‘FUNCTIONS OF THE ASSISTANT SECRETARY OF 
DEFENSE
FOR ENERGY, INSTALLATIONS, AND 
ENVIRONMENT’’; 
(B) by striking ‘‘heads of the military de-
partments and the Assistant Secretary of Defense 
for Research and Engineering’’ and inserting 
‘‘heads of the appropriate Department of Defense 
components’’; 
(C) in paragraph (1), by striking ‘‘lead the 
alternative fuels activities’’ and inserting ‘‘over-
see the operational energy activities’’; 
(D) in paragraph (2), by striking ‘‘regard-
ing the development of alternative fuels by the 
military departments and the Office of the Sec-
retary of Defense’’ and inserting ‘‘regarding the 
policies and investments that affect the use of 
operational energy across the Department of De-
fense’’; 
(E) in paragraph (3), by striking ‘‘prescribe 
policy to streamline the investments in alter-
native fuel activities across the Department of
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† HR 5515 EAS 
Defense’’ and inserting ‘‘recommend to the Sec-
retary policy to improve warfighting capability 
through energy security and energy resilience’’; 
and 
(F) in paragraph (5), by striking ‘‘sub-
section (c)(4)’’ and inserting ‘‘subsection (e)(4)’’. 
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section 
2925(b)(1) of title 10, United States Code, is amended by 
striking ‘‘section 2926(b)’’ and inserting ‘‘section 2926(d)’’. 
(2) Section 1061(c)(55) of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public Law 114–328; 
10 U.S.C. 111 note) is amended by striking ‘‘section 
2926(c)(4)’’ and inserting ‘‘section 2926(e)(4)’’. 
SEC. 315. FUNDING TREATMENT OF PERFLUOROOCTANE 
SULFONIC ACID AND PERFLUOROOCTANOIC 
ACID AT STATE-OWNED AND OPERATED NA-
TIONAL GUARD INSTALLATIONS. 
(a) ASSISTANCE AUTHORIZED.—The Secretary con-
cerned may provide for the treatment of perfluorooctane sul-
fonic acid and perfluorooctanoic acid in drinking water 
from wells owned and operated by a local water authority 
undertaken to attain the lifetime health advisory level for 
such acids in drinking water.
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† HR 5515 EAS 
(b) REQUIREMENTS FOR ASSISTANCE.—The Secretary 
concerned may only provide for the treatment of drinking 
water pursuant to subsection (a) if— 
(1) the local water authority has requested such 
treatment from the Secretary during the fiscal year 
when the treatment is provided; 
(2) the elevated levels of perfluorooctane sulfonic 
acid and perfluorooctanoic acid in the drinking water 
are the result of activities conducted by or paid for 
by the Department of the Army or the Department of 
the Air Force at a State-owned National Guard in-
stallation; 
(3) such treatment takes place only during the 
fiscal year in which the request was made; 
(4) the local water authority waives all claims 
against the United States and the National Guard for 
treatment expenses incurred before the fiscal year dur-
ing which the treatment is taking place; and 
(5) the cost of any treatment provided pursuant 
to subsection (a) does not exceed the actual cost of the 
treatment attributable to the activities conducted by 
or paid for by the Department of the Army or the De-
partment of the Air Force, as the case may be. 
(c) EXISTING AGREEMENTS.—Treatment of drinking 
water pursuant to subsection (a) may be provided without
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† HR 5515 EAS 
regard to existing contractual provisions in agreements be-
tween the Department of the Army, the Department of the 
Air Force, or the National Guard Bureau, as the case may 
be, and the State in which the base is located relating to 
environmental response actions or indemnification. 
(d) AUTHORITY TO ENTER INTO AGREEMENTS.—The 
Secretary concerned may enter into such grants, cooperative 
agreements, or contracts with a local water authority as 
may be necessary to implement this section. 
(e) USE OF DSMOA.—Using up to $45,000,000 of the 
funds authorized to be appropriated by section 301 for oper-
ation and maintenance, the Secretary concerned may pay, 
utilizing an existing Defense-State Memorandum of Agree-
ment, costs that would otherwise be eligible for payment 
under that agreement. 
(f) TERMINATION
OF
AUTHORITY.—The authority 
under this section shall terminate on September 30, 2021. 
(g) RETROACTIVE EFFECT.—Notwithstanding para-
graphs (1), (3), (4) of subsection (b), the Secretary con-
cerned may reimburse a local water authority or a State 
for the treatment of drinking water pursuant to this section 
if— 
(1) the local water authority or state requested 
such a payment from the National Guard Bureau 
prior to March 1, 2018, or the National Guard Bu-
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† HR 5515 EAS 
reau was aware of a treatment plan by the local 
water authority or state prior to that date; and 
(2) the local water authority or the State, as the 
case may be, waives all claims against the United 
States and the National Guard for treatment expenses 
incurred before January 1, 2018. 
(h) CONFORMING AMENDMENTS.— 
(1) RESPONSIBILITY FOR RESPONSE ACTIONS.— 
Section 2701(c)(1) of title 10, United States Code, is 
amended by inserting ‘‘or pollutants or contami-
nants’’ after ‘‘releases of hazardous substances’’. 
(2) DEFINITION OF FACILITY.—Section 2700(2) 
of title 10, United States Code, is amended— 
(A) by striking ‘‘The terms ‘environment’, 
‘facility’,’’ and inserting ‘‘(A) The terms ‘envi-
ronment’,’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) The term ‘facility’— 
‘‘(i) has the meaning given the term in sec-
tion 101 of CERCLA (42 U.S.C. 9601); and 
‘‘(ii) includes real property which is owned 
by, leased, to, or otherwise possessed by the 
United States at locations conducting military
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activities under the authority of either this title 
or title 32.’’. 
(i) DEFINITIONS.—In this section— 
(1) LIFETIME
HEALTH
ADVISORY.—The term 
‘‘lifetime health advisory’’ means the United States 
Environmental Protection Agency Lifetime Health 
Advisory for the presence of perfluorooctane sulfonic 
acid and perfluorooctanoic acid in drinking water. 
(2) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means the Secretary of the Army or 
the Secretary of the Air Force. 
(3) STATE.—The term ‘‘State’’ means any of the 
several States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, and the Virgin Islands. 
(4) STATE-OWNED NATIONAL GUARD INSTALLA-
TION.—The term ‘‘State-owned National Guard in-
stallation’’ means a facility or site owned or operated 
by a State when such facility or site is used for train-
ing the National Guard pursuant to chapter 5 of title 
32, United States Code, with funds provided by the 
Secretary of Defense or the Secretary of a military 
department, even though the Department of Defense is 
not the owner or operator of such facility or site.
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Subtitle C—Reports 
SEC. 321. REPORTS ON READINESS. 
(a) UNIFORM APPLICABILITY OF READINESS REPORT-
ING SYSTEM.—Subsection (b) of section 117 of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘and maintaining’’ after ‘‘estab-
lishing’’; 
(2) in paragraph (1), by striking ‘‘reporting sys-
tem is applied uniformly throughout the Department 
of Defense’’ and inserting ‘‘reporting system and asso-
ciated policies are applied uniformly throughout the 
Department of Defense, including between and among 
the joint staff and each of the armed forces’’; 
(3) by redesignating paragraphs (2) and (3) as 
paragraphs (5) and (6), respectively; 
(4) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) that is the single authoritative readiness re-
porting system for the Department, and that there 
shall be no military service specific systems; 
‘‘(3) that readiness assessments are accomplished 
at an organizational level at, or below, the level at 
which forces are employed; 
‘‘(4) that the reporting system include resources 
information, force posture, and mission centric capa-
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bility assessments, as well as predicted changes to 
these attributes;’’; and 
(5) in paragraph (5), as redesignated by para-
graph (3) of this subsection, by inserting ‘‘, or element 
of a unit,’’ after ‘‘readiness status of a unit’’. 
(b) CAPABILITIES OF READINESS REPORTING SYS-
TEM.—Such section is further amended in subsection (c)— 
(1) in paragraph (1)— 
(A) by striking ‘‘Measure, on a monthly 
basis, the capability of units’’ and inserting 
‘‘Measure the readiness of units’’; and 
(B) by striking ‘‘conduct their assigned 
wartime missions’’ and inserting ‘‘conduct their 
designed and assigned missions’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘Measure, on an annual 
basis,’’ and inserting ‘‘Measure’’; and 
(B) by striking ‘‘wartime missions’’ and in-
serting ‘‘designed and assigned missions’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘Measure, on an annual 
basis,’’ and inserting ‘‘Measure’’; and 
(B) by striking ‘‘wartime missions’’ and in-
serting ‘‘designed and assigned missions’’;
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(4) in paragraph (4), by striking ‘‘Measure, on 
a monthly basis,’’ and inserting ‘‘Measure’’; 
(5) in paragraph (5), by striking ‘‘Measure, on 
an annual basis,’’ and inserting ‘‘Measure’’; 
(6) by striking paragraphs (6) and (8) and re-
designating paragraph (7) as paragraph (6); and 
(7) in paragraph (6), as so redesignated, by 
striking ‘‘Measure, on a quarterly basis,’’ and insert-
ing ‘‘Measure’’. 
(c) SEMI-ANNUAL AND MONTHLY JOINT READINESS 
REVIEWS.—Such section is further amended in subsection 
(d)(1)(A) by inserting ‘‘, which includes a validation of 
readiness data currency and accuracy’’ after ‘‘joint readi-
ness review’’. 
(d) QUARTERLY REPORT ON CHANGE IN CURRENT 
STATE
OF UNIT READINESS.—Such section is further 
amended— 
(1) in subsection (e), by striking ‘‘SUBMISSION 
TO
CONGRESSIONAL
COMMITTEES’’ and inserting 
‘‘QUARTERLY REPORT ON JOINT READINESS’’; 
(2) by redesignating subsection (f) as subsection 
(h); and 
(3) by inserting after subsection (e) the following 
new subsection:
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‘‘(f) QUARTERLY REPORT ON MONTHLY CHANGES IN 
CURRENT STATE OF READINESS OF UNITS.—The Secretary 
shall each quarter submit to the congressional defense com-
mittees a report on each monthly upgrade or downgrade 
of the current state of readiness of a unit that was issued 
by the commander of a unit during the previous quarter, 
together with the rationale of the commander for the 
issuance of such upgrade or downgrade.’’. 
(e) ANNUAL REPORT TO CONGRESS ON OPERATIONAL 
CONTRACT SUPPORT.—Such section is further amended by 
inserting after subsection (f), as added by subsection (d) of 
this section, the following new subsection: 
‘‘(g) ANNUAL REPORT ON OPERATIONAL CONTRACT 
SUPPORT.—The Secretary shall each year submit to the 
congressional defense committees a report in writing con-
taining the results of the most recent annual measurement 
of the capability of operational contract support to support 
current and anticipated wartime missions of the armed 
forces. Each such report shall be submitted in unclassified 
form, but may include a classified annex.’’. 
(f) REGULATIONS.—Such section is further amended 
in subsection (h), as redesignated by subsection (d) of this 
section, by striking ‘‘prescribe the units that are subject to 
reporting in the readiness reporting system, what type of 
equipment is subject to such reporting’’ and inserting ‘‘pre-
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scribe the established information technology system for De-
partment of Defense reporting, specifically authorize excep-
tions to a single-system architecture, and identify the orga-
nizations, units, and entities that are subject to reporting 
in the readiness reporting system, what organization re-
sources are subject to such reporting’’. 
(g) CONFORMING AMENDMENTS.— 
(1) SECTION HEADING.—Such section is further 
amended in the section heading by striking ‘‘: estab-
lishment; reporting to congressional com-
mittees’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 2 is amended by striking 
the item relating to section 117 and inserting the fol-
lowing new item: 
‘‘117. Readiness reporting system.’’. 
SEC. 322. REPORT ON COLD WEATHER CAPABILITIES AND 
READINESS 
OF 
UNITED 
STATES 
ARMED 
FORCES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the current cold weather capabilities and readiness 
of the United States Armed Forces. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following:
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(1) A description of current cold weather capa-
bilities and training to support United States mili-
tary operations in cold climates across the joint force. 
(2) A description of anticipated requirements for 
United States military operations in cold and ex-
treme cold weather in the Arctic, Northeast Asia, and 
Northern and Eastern Europe. 
(3) A description of the current cold weather 
readiness of the joint force, the ability to increase cold 
weather training across the joint force, and any 
equipment, infrastructure, personnel, or resource limi-
tations or gaps that may exist. 
(4) An analysis of potential opportunities to ex-
pand cold weather training for the Army, the Navy, 
the Air Force, and the Marine Corps and the re-
sources or infrastructure required for such expansion. 
(5) An analysis of potential cold weather am-
phibious landing locations, including the potential for 
a combined arms live fire exercise. 
Subtitle D—Other Matters 
SEC. 331. PILOT PROGRAMS ON INTEGRATION OF MILITARY 
INFORMATION SUPPORT AND CIVIL AFFAIRS 
ACTIVITIES. 
(a) PILOT PROGRAMS AUTHORIZED.—
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(1) IN GENERAL.—The commander of any geo-
graphic combatant command designated by the Sec-
retary of Defense for purposes of this section, and the 
Commander of the United States Special Operations 
Command if so designated, may carry out one or 
more pilot programs designed to assess the feasability 
and advisability of integrating military information 
support and civil affairs in support of the theater 
campaign plans of such combatant command. 
(2) CONCURRENCE OF CHIEFS OF MISSION.—Ac-
tivities under a pilot program under this section may 
be carried out in a country only with the concurrence 
of the Chief of Mission for that country. 
(b) REQUIREMENT FOR BOTH MILITARY INFORMATION 
SUPPORT AND CIVIL AFFAIRS CAPABILITIES.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), each pilot program under this 
section shall include both a military information sup-
port capability and a civil affairs capability. 
(2) NO MILITARY INFORMATION SUPPORT CAPA-
BILITY.—A pilot program may be carried out in a re-
gion or country in which no military information 
support capability is deployed if the program is com-
plemented by a Department of State public diplo-
macy effort that contributes to the fulfillment of the
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objectives of the commander of the combatant com-
mand concerned to convey information to foreign au-
diences in the region or county to influence their emo-
tions, motives, objective reasoning, and behavior in 
support of the applicable theater campaign plan. 
(3) NO CIVIL AFFAIRS CAPABILITY.—A pilot pro-
gram may be carried out in a region or country in 
which no civil affairs capability is deployed if the 
program is complemented by an effort of the Depart-
ment of State or the United States Agency for Inter-
national Development to contribute to the fulfillment 
of the objectives of the commander of the combatant 
command concerned to reestablish or maintain sta-
bility within the region or country in support of the 
applicable theater campaign plan. 
(4) PLAN.—In the event a pilot program will be 
carried out pursuant to paragraph (2) or (3), plan-
ning for the pilot program shall include an expla-
nation of concept, budget, timeline, and metrics for 
measuring the effectiveness of activities of the Depart-
ment of State or United States Agency for Inter-
national Development, as applicable, under the pilot 
program. 
(c) DURATION.—The authority to carry out pilot pro-
grams under this section shall cease on September 30, 2023.
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(d) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the last day of each of fiscal year 2019 through 2023, 
the Secretary shall submit to the congressional defense 
committees a report on the pilot programs carried out 
under this section during the preceding fiscal year. 
(2) ELEMENTS.—Each report under this sub-
section shall include, for the fiscal year covered by 
such report, the following: 
(A) A list of all pilot programs carried out, 
set forth by combatant command. 
(B) A list of all pilot programs commenced, 
set forth by combatant command. 
(C) The amount of funds provided for each 
pilot program carried out. 
(D) The objectives of each pilot program 
carried out, and the metrics used or to be used 
to measure the effectiveness of such pilot pro-
gram. 
(E) A description of the manner in which 
each pilot program carried out supports the ap-
plicable theater campaign plan of the com-
manders of the combatant command concerned. 
(F) If a pilot program was concluded, an 
assessment of the value of the program, a de-
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scription and assessment of lessons learned 
through the program, and any recommendations 
the Secretary considers appropriate for follow-on 
efforts in connection with the program. 
(e) FUNDING.— 
(1) IN GENERAL.—Of the amounts authorized to 
be appropriated for each of fiscal years 2019 through 
2023 for the Department of Defense for operation and 
maintenance and available for the combatant com-
mands, an aggregate of $20,000,000 may be used in 
each such fiscal year by each such combatant com-
mand for pilot programs under this section. 
(2) LIMITATION
ON
AMOUNT
FOR
PARTICULAR 
PROGRAMS.—The amount expended on any particular 
pilot program may not exceed $2,000,000. 
(f) DEFINITIONS.—In this section: 
(1) CIVIL
AFFAIRS.—The term ‘‘civil affairs’’ 
means activities intended to establish, maintain, in-
fluence, or exploit relations between military forces, 
indigenous populations, and institutions by directly 
supporting the attainment of objectives relating to the 
reestablishment or maintenance of stability within a 
region or country. 
(2) MILITARY
INFORMATION
SUPPORT.—The 
term ‘‘military information support’’ means oper-
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† HR 5515 EAS 
ations to convey selected information and indicators 
to foreign audiences to influence their emotions, mo-
tives, objective reasoning, and ultimately the behavior 
of foreign governments, organizations, groups, and in-
dividuals in a manner favorable to the objectives of 
those planning such operations. 
(3) THEATER CAMPAIGN PLAN.—The term ‘‘the-
ater campaign plan’’ means a plan developed by a 
combatant command for the steady-state activities of 
the command, including operations, security coopera-
tion, and other activities designed to achieve strategic 
end states in the theater. 
SEC. 332. REPORTING ON FUTURE YEARS BUDGETING BY 
SUBACTIVITY GROUP. 
Along with the budget for each fiscal year submitted 
by the President pursuant to section 1105(a) of title 31, 
United States Code, the Secretary of Defense and the Secre-
taries of the military departments shall include in the OP- 
5 Justification Books as detailed by Department of Defense 
Financial Management Regulation 7000.14–R the amount 
for each individual subactivity group (SAG) as detailed in 
the Department’s future years defense program pursuant to 
section 221 of title 10, United States Code.
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SEC. 333. RESTRICTION ON UPGRADES TO AVIATION DEM-
ONSTRATION TEAM AIRCRAFT. 
(a) IN GENERAL.—Except as provided under sub-
section (b), the Secretary of Defense may not upgrade the 
type, model, or series of aircraft used by a military service 
for its fixed wing aviation demonstration teams, including 
Blue Angel and Thunderbird aircraft, until the service’s ac-
tive and reserve duty squadrons and weapon training 
schools have replaced 100 percent of the existing type, 
model, and series of aircraft. 
(b) WAIVER AUTHORITY.—The Secretary of Defense 
may, upon written notice to the congressional defense com-
mittees, waive the prohibition under subsection (a) for the 
purpose of carrying out upgrades to the type, model, or se-
ries of the aircraft described under such subsection that are 
necessary to ensure the safety of pilots. 
SEC. 334. U.S. SPECIAL OPERATIONS COMMAND CIVILIAN 
PERSONNEL. 
Of the funds authorized to be appropriated by this Act 
for Operation and Maintenance, Defense-wide for U.S. Spe-
cial Operations Command civilian personnel, not less than 
$6,200,000 shall be used to fund the detail of civilian per-
sonnel to the office of the Assistant Secretary of Defense for 
Special Operations and Low-Intensity Conflict to support 
the Secretariat for Special Operations.
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SEC. 335. LIMITATION ON AVAILABILITY OF FUNDS FOR 
SERVICE-SPECIFIC DEFENSE READINESS RE-
PORTING SYSTEMS. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
the Department of Defense for fiscal year 2019 for operation 
and maintenance, research, development, test, and evalua-
tion, or procurement, and available to operate service spe-
cific Defense Readiness Reporting Systems (DRRS) may be 
made available for such purpose except for required mainte-
nance and in order to facilitate the transition to DRRS- 
Strategic (DRRS-S). 
(b) PLAN.—Not later than February 1, 2019, the 
Under Secretary for Personnel and Readiness shall submit 
to the congressional defense committees a resource and fund-
ing plan to include a schedule with relevant milestones on 
the elimination of service-specific DRRS and the migration 
of the military services and other organizations to DRRS- 
S. 
(c) TRANSITION.—The military services shall complete 
the transition to DRRS-S not later than October 1, 2019. 
The Secretary of Defense shall notify the congressional de-
fense committees upon the complete transition of the serv-
ices. 
(d) REPORTING REQUIREMENT.—
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(1) IN GENERAL.—The Under Secretary for Per-
sonnel and Readiness, the Under Secretary for Acqui-
sition and Sustainment, and the Under Secretary for 
Research and Engineering, in coordination with the 
Secretaries of the military departments and other or-
ganizations with relevant technical expertise, shall es-
tablish a working group including individuals with 
expertise in application or software development, data 
science, testing, and development and assessment of 
performance metrics to assess the current process for 
collecting, analyzing, and communicating readiness 
data, and develop a strategy for implementing any 
recommended changes to improve and establish readi-
ness metrics using the current DRRS-Strategic plat-
form. 
(2) ELEMENTS.—The assessment conducted pur-
suant to paragraph (1) shall include— 
(A) identification of modern tools, methods, 
and approaches to readiness to more effectively 
and efficiently collect, analyze, and make deci-
sion based on readiness data; and 
(B) consideration of cost and schedule. 
(3) SUBMISSION TO CONGRESS.—Not later than 
February 1, 2020, the Secretary of Defense shall sub-
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mit to the congressional defense committees the assess-
ment conducted pursuant to paragraph (1). 
(e) DEFENSE
READINESS
REPORTING
REQUIRE-
MENTS.—To the maximum extent practicable, the Secretary 
of Defense shall meet defense readiness reporting require-
ments consistent with the recommendations of the working 
group established under subsection (d)(1). 
SEC. 336. REPURPOSING AND REUSE OF SURPLUS ARMY 
FIREARMS. 
Section 348(b) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1365) is amended by inserting ‘‘shredded or’’ before ‘‘melted 
and repurposed’’. 
SEC. 337. LIMITATION ON AVAILABILITY OF FUNDS FOR ES-
TABLISHMENT OF ADDITIONAL SPECIALIZED 
UNDERGRADUATE PILOT TRAINING FACILITY. 
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for the De-
partment of Defense for fiscal year 2019 for Specialized Un-
dergraduate Pilot Training for the Air Force (referred to 
in this section as ‘‘SUPT’’) no funds may be used to enter 
into a contract for the procurement of equipment, facilities, 
real property, or services to establish a new SUPT location 
in the United States until the date on which the Secretary
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† HR 5515 EAS 
of the Air Force submits to the congressional defense com-
mittees the certification described under subsection (b). 
(b) CERTIFICATION.—The certification referred to in 
subsection (a) is a certification that— 
(1) existing SUPT installations are operating at 
maximum capacity in terms of pilot production; and 
(2) the Air Force plans to operate existing 
SUPT installations at maximum capacity over the 
future years defense program. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2019, 
the Secretary of the Air Force shall submit to the con-
gressional defense committees a report on existing 
SUPT production, resourcing, and locations. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) A description of the strategy of the Air 
Force for utilizing existing SUPT locations to 
produce the number of pilots the Air Force re-
quires. 
(B) The number of pilots that each SUPT 
location has graduated, by year, over the pre-
vious 5 fiscal years. 
(C) The forecast number of pilots that each 
SUPT location will produce for fiscal year 2019.
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(D) The maximum production capacity of 
each SUPT location. 
(E) A cost estimate of the resources required 
for each SUPT location to reach maximum pro-
duction capacity. 
(F) A determination as to whether increas-
ing production capacity at existing SUPT loca-
tions will satisfy the Air Force’s SUPT require-
ment. 
(G) A timeline and cost estimation of estab-
lishing a new SUPT location. 
(H) A business case analysis comparing the 
establishment of a new SUPT location to in-
creasing production capacity at existing SUPT 
locations. 
SEC. 338. SCOPE OF AUTHORITY FOR RESTORATION OF 
LAND DUE TO MISHAP. 
Subsection (e) of section 2691 of title 10, United States 
Code, as added by section 2814 of the Military Construction 
Authorization Act for Fiscal Year 2018 (division B of Pub-
lic Law 115–91; 131 Stat. 1849), is amended by adding 
at the end the following new paragraph: 
‘‘(3) The authority under paragraphs (1) and (2) in-
cludes activities and expenditures necessary to complete res-
toration to meet the regulations of the Federal department
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† HR 5515 EAS 
or agency with administrative jurisdiction over the affected 
land, which may be different than the regulations of the 
Department of Defense.’’. 
SEC. 339. REDESIGNATION OF THE UTAH TEST AND TRAIN-
ING RANGE (UTTR). 
The Utah Test and Training Range (UTTR) located 
in northwestern Utah and eastern Nevada may be redesig-
nated. 
Subtitle E—Logistics and 
Sustainment 
SEC. 351. LIMITATION ON MODIFICATIONS TO NAVY FACILI-
TIES 
SUSTAINMENT, 
RESTORATION, 
AND 
MODERNIZATION (FSRM) STRUCTURE AND 
MECHANISM. 
The Secretary of the Navy may not make any modi-
fication to the existing Navy Facilities Sustainment, Res-
toration, and Modernization (FSRM) structure or mecha-
nism that would modify duty relationships or significantly 
alter the existing structure until 90 days after providing 
notice of the proposed modification to the congressional de-
fense committees.
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† HR 5515 EAS 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2019, as follows: 
(1) The Army, 485,741. 
(2) The Navy, 331,900. 
(3) The Marine Corps, 186,100. 
(4) The Air Force, 325,720. 
SEC. 402. END STRENGTHS FOR COMMISSIONED OFFICERS 
ON ACTIVE DUTY IN CERTAIN GRADES. 
The Armed Forces are authorized strengths for com-
missioned officers on active duty as of September 30, 2019, 
in the grades as follows in the number specified: 
(1) The Army: 
(A) Colonel, 3,970. 
(B) Lieutenant colonel, 8,700. 
(C) Major, 15,470. 
(2) The Navy: 
(A) Captain, 3,060. 
(B) Commander, 6,670. 
(C) Lieutenant commander, 11,010. 
(3) The Marine Corps: 
(A) Colonel, 650.
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† HR 5515 EAS 
(B) Lieutenant colonel, 1,910. 
(C) Major, 3,920. 
(4) The Air Force: 
(A) Colonel, 3,450. 
(B) Lieutenant colonel, 10,270. 
(C) Major, 13,920. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2019, as follows: 
(1) The Army National Guard of the United 
States, 343,500. 
(2) The Army Reserve, 199,500. 
(3) The Navy Reserve, 59,000. 
(4) The Marine Corps Reserve, 38,500. 
(5) The Air National Guard of the United 
States, 106,600. 
(6) The Air Force Reserve, 69,800. 
(7) The Coast Guard Reserve, 7,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
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† HR 5515 EAS 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2019, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components:
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† HR 5515 EAS 
(1) The Army National Guard of the United 
States, 30,155. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,101. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 19,450. 
(6) The Air Force Reserve, 3,588. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2019 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the United 
States, 22,294. 
(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United 
States, 18,969. 
(4) For the Air Force Reserve, 8,880.
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† HR 5515 EAS 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2019, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal year 2019 
for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not oth-
erwise provided for, for military personnel, as specified in 
the funding table in section 4401.
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† HR 5515 EAS 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any 
other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2019. 
SEC. 422. LIMITATION ON USE OF FUNDS FOR PERSONNEL 
IN FISCAL YEAR 2019 IN EXCESS OF STATU-
TORILY SPECIFIED END STRENGTHS FOR FIS-
CAL YEAR 2018. 
Notwithstanding any other provision of this title, 
funds authorized to be appropriated by this Act or otherwise 
made available for the Department of Defense for fiscal year 
2019 for military personnel may be not obligated or ex-
pended for a number of military personnel covered by an 
end strength in title IV of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91) in ex-
cess of such end strength until the Secretary of Defense has 
submitted to the congressional defense committees the report 
required under subsection (b) of section 1041.
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† HR 5515 EAS 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
PART I—OFFICER PERSONNEL MANAGEMENT 
REFORM 
SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AU-
THORIZED STRENGTHS OF CERTAIN COMMIS-
SIONED OFFICERS ON ACTIVE DUTY. 
Effective as of October 1, 2018, the text of section 523 
of title 10, United States Code, is amended to read as fol-
lows: 
‘‘The total number of commissioned officers serving on 
active duty in the Army, Air Force, or Marine Corps in 
each of the grades of major, lieutenant colonel, or colonel, 
or in the Navy in each of the grades of lieutenant com-
mander, commander, or captain, at the end of any fiscal 
year shall be as specifically authorized by Act of Congress 
for such fiscal year.’’. 
SEC. 502. ANNUAL DEFENSE MANPOWER REQUIREMENTS 
REPORT MATTERS. 
(a) DATE OF SUBMITTAL.—Subsection (a) of section 
115a of title 10, United States Code, is amended in the mat-
ter preceding paragraph (1) by striking ‘‘not later than 45 
days after the date on which’’ and inserting ‘‘on the date 
on which’’.
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† HR 5515 EAS 
(b) SPECIFICATION OF ANTICIPATED OPPORTUNITIES 
FOR
PROMOTION
OF
COMMISSIONED
OFFICERS.—Sub-
section (d) of such section is amended by adding the fol-
lowing new paragraph: 
‘‘(4) The opportunities for promotion of commis-
sioned officers anticipated to be estimated pursuant to 
section 623(b)(4) of this title for the fiscal year in 
which such report is submitted for purposes of pro-
motion selection boards convened pursuant to section 
611 of this title during such fiscal year.’’. 
(c) ENUMERATION OF REQUIRED NUMBERS OF CER-
TAIN COMMISSIONED OFFICERS.—Such section is further 
amended by adding at the end the following new subsection: 
‘‘(i) In each such report, the Secretary shall also in-
clude a separate statement of the number of officers required 
for the next fiscal year in each grade as follows: 
‘‘(1) Major, lieutenant colonel, and colonel of 
each of the Army, the Air Force, and the Marine 
Corps. 
‘‘(2) Lieutenant commander, commander, and 
captain of the Navy.’’.
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SEC. 503. REPEAL OF REQUIREMENT FOR ABILITY TO COM-
PLETE 20 YEARS OF SERVICE BY AGE 62 AS 
QUALIFICATION 
FOR 
ORIGINAL 
APPOINT-
MENT AS A REGULAR COMMISSIONED OFFI-
CER. 
(a) REPEAL.—Subsection (a) of section 532 of title 10, 
United States Code, is amended— 
(1) by striking paragraph (2); and 
(2) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (2), (3), and (4), respectively. 
(b) CONFORMING AMENDMENT.—Such section is fur-
ther amended by striking subsection (d). 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act, and shall apply with respect to original appointments 
of regular commissioned officers of the Armed Forces made 
on or after that date. 
SEC. 504. ENHANCEMENT OF AVAILABILITY OF CONSTRUC-
TIVE SERVICE CREDIT FOR PRIVATE SECTOR 
TRAINING OR EXPERIENCE UPON ORIGINAL 
APPOINTMENT AS A COMMISSIONED OFFI-
CER. 
(a) REGULAR OFFICERS.— 
(1) IN GENERAL.—Subsection (b) of section 533 
of title 10, United States Code, is amended—
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† HR 5515 EAS 
(A) in paragraph (1), by striking subpara-
graph (D) and inserting the following new sub-
paragraph (D): 
‘‘(D) Additional credit for special training or ex-
perience in a particular officer career field as des-
ignated by the Secretary concerned, if such training 
or experience is directly related to the operational 
needs of the armed force concerned.’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘Except as authorized 
by the Secretary concerned in individual 
cases and under regulations prescribed by 
the Secretary of Defense in the case of a 
medical or dental officer, the amount’’ and 
inserting ‘‘The amount’’; and 
(ii) by striking ‘‘in the grade of major 
in the Army, Air Force, or Marine Corps or 
lieutenant commander in the Navy’’ and in-
serting ‘‘in the grade of colonel in the 
Army, Air Force, or Marine Corps or cap-
tain in the Navy’’. 
(2) REPEAL
OF
TEMPORARY
AUTHORITY
FOR 
SERVICE CREDIT FOR CRITICALLY NECESSARY CYBER-
SPACE-RELATED EXPERIENCE.—Such section is fur-
ther amended—
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† HR 5515 EAS 
(A) in subsections (a)(2) and (c), by strik-
ing ‘‘or (g)’’; and 
(B) by striking subsection (g). 
(b) RESERVE OFFICERS.— 
(1) IN
GENERAL.—Subsection (b) of section 
12207 of title 10, United States Code, is amended— 
(A) in paragraph (1), by striking subpara-
graph (D) and inserting the following new sub-
paragraph (D): 
‘‘(D) Additional credit for special training or ex-
perience in a particular officer career field as des-
ignated by the Secretary concerned, if such training 
or experience is directly related to the operational 
needs of the armed force concerned.’’; and 
(B) by striking paragraph (3) and inserting 
the following new paragraph (3): 
‘‘(3) The amount of constructive service credit credited 
to an officer under this subsection may not exceed the 
amount required in order for the officer to be eligible for 
an original appointment as a reserve officer of the Army, 
Air Force, or Marine Corps in the grade of colonel or as 
a reserve officer of the Navy in the grade of captain.’’. 
(2) REPEAL
OF
TEMPORARY
AUTHORITY
FOR 
SERVICE CREDIT FOR CRITICALLY NECESSARY CYBER-
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† HR 5515 EAS 
SPACE-RELATED EXPERIENCE.—Such section is fur-
ther amended— 
(A) by striking subsection (e); 
(B) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively; and 
(C) in subsection (e), as redesignated by 
subparagraph (B), by striking ‘‘, (d), or (e)’’ and 
inserting ‘‘or (d)’’. 
SEC. 505. STANDARDIZED TEMPORARY PROMOTION AU-
THORITY ACROSS THE MILITARY DEPART-
MENTS FOR OFFICERS IN CERTAIN GRADES 
WITH CRITICAL SKILLS. 
(a) STANDARDIZED TEMPORARY PROMOTION AUTHOR-
ITY.— 
(1) IN GENERAL.—Chapter 35 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 605. Promotion to certain grades for officers with 
critical skills: colonel, lieutenant colonel, 
major, captain; captain, commander, lieu-
tenant commander, lieutenant 
‘‘(a) IN GENERAL.—An officer in the grade of first 
lieutenant, captain, major, or lieutenant colonel in the 
Army, Air Force, or Marine Corps, or lieutenant (junior 
grade), lieutenant, lieutenant commander, or commander in
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† HR 5515 EAS 
the Navy, who is described in subsection (b) may be tempo-
rarily promoted to the grade of captain, major, lieutenant 
colonel, or colonel in the Army, Air Force, or Marine Corps, 
or lieutenant, lieutenant commander, commander, or cap-
tain in the Navy, as applicable, under regulations pre-
scribed by the Secretary of the military department con-
cerned. Appointments under this section shall be made by 
the President, by and with the advice and consent of the 
Senate. 
‘‘(b) COVERED OFFICERS.—An officer described in this 
subsection is any officer in a grade specified in subsection 
(a) who— 
‘‘(1) has a skill in which the armed force con-
cerned has a critical shortage of personnel (as deter-
mined by the Secretary of the military department 
concerned); and 
‘‘(2) is serving in a position (as determined by 
the Secretary of the military department concerned) 
that— 
‘‘(A) is designated to be held by a captain, 
major, lieutenant colonel, or colonel in the Army, 
Air Force, or Marine Corps, or lieutenant, lieu-
tenant commander, commander, or captain in 
the Navy, as applicable; and
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† HR 5515 EAS 
‘‘(B) requires that an officer serving in such 
position have the skill possessed by such officer. 
‘‘(c) STATUS OF OFFICERS APPOINTED.— 
‘‘(1) PRESERVATION
OF
POSITION
AND
STA-
TUS.—An appointment under this section does not 
change the position on the active-duty list or the per-
manent, probationary, or acting status of the officer 
so appointed, prejudice the officer in regard to other 
promotions or appointments, or abridge the rights or 
benefits of the officer. 
‘‘(2) GRADE
FOR
PURPOSES
OF
ANNUAL
DE-
FENSE MANPOWER REPORTS.—For purposes of section 
115a of this title, an officer holding an appointment 
under this section is considered as serving in the 
grade of the temporary promotion this section. 
‘‘(d) BOARD RECOMMENDATION REQUIRED.—A tem-
porary promotion under this section may be made only 
upon the recommendation of a board of officers convened 
by the Secretary of the military department concerned for 
the purpose of recommending officers for such promotions. 
‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF APPOINT-
MENT.—Each appointment under this section, unless ex-
pressly declined, is, without formal acceptance, regarded as 
accepted on the date such appointment is made, and a 
member so appointed is entitled to the pay and allowances
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† HR 5515 EAS 
of the grade of the temporary promotion under this section 
from the date the appointment is made. 
‘‘(f) TERMINATION OF APPOINTMENT.—Unless sooner 
terminated, an appointment under this section termi-
nates— 
‘‘(1) on the date the officer who received the ap-
pointment is promoted to the permanent grade of cap-
tain, major, lieutenant colonel, or colonel in the 
Army, Air Force, or Marine Corps, or lieutenant, 
lieutenant commander, commander, or captain in the 
Navy; or 
‘‘(2) on the date the officer is detached from a 
position described in subsection (b)(2), unless the offi-
cer is on a promotion list to the permanent grade of 
captain, major, lieutenant colonel, or colonel in the 
Army, Air Force, or Marine Corps, or lieutenant, 
lieutenant commander, commander, or captain in the 
Navy, in which case the appointment terminates on 
the date the officer is promoted to that grade. 
‘‘(g) LIMITATION
ON NUMBER
OF ELIGIBLE POSI-
TIONS.—An appointment under this section may only be 
made for service in a position designated by the Secretary 
of the military department concerned for the purposes of 
this section. The number of positions so designated may not 
exceed the following:
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† HR 5515 EAS 
‘‘(1) In the case of the Army— 
‘‘(A) as captain, 120; 
‘‘(B) as major, 350; 
‘‘(C) as lieutenant colonel, 200; and 
‘‘(D) as colonel, 100. 
‘‘(2) In the case of the Air Force— 
‘‘(A) as captain, 100; 
‘‘(B) as major, 325; 
‘‘(C) as lieutenant colonel, 175; and 
‘‘(D) as colonel, 80. 
‘‘(3) In the case of the Marine Corps— 
‘‘(A) as captain, 50; 
‘‘(B) as major, 175; 
‘‘(C) as lieutenant colonel, 100; and 
‘‘(D) as colonel, 50. 
‘‘(4) In the case of the Navy— 
‘‘(A) as lieutenant, 100; 
‘‘(B) as lieutenant commander, 325; 
‘‘(C) as commander, 175; and 
‘‘(D) as captain, 80.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 35 of such title is 
amended by adding at the end the following new item: 
‘‘605. Promotion to certain grades for officers with critical skills: colonel, lieuten-
ant colonel, major, captain; captain, commander, lieutenant 
commander, lieutenant.’’.
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† HR 5515 EAS 
(b) REPEAL OF SUPERSEDED AUTHORITY APPLICABLE 
TO NAVY LIEUTENANTS.— 
(1) REPEAL.—Chapter 544 of title 10, United 
States Code, is repealed. 
(2) CLERICAL
AMENDMENTS.—The tables of 
chapters at the beginning of title 10, United States 
Code, and at the beginning of subtitle C of such title, 
are each amended by striking the item relating to 
chapter 544. 
SEC. 506. AUTHORITY FOR PROMOTION BOARDS TO REC-
OMMEND OFFICERS OF PARTICULAR MERIT 
BE PLACED HIGHER ON A PROMOTION LIST. 
(a) DOPMA BOARDS.— 
(1) IN
GENERAL.—Section 616 of title 10, 
United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(g)(1) In selecting the officers to be recommended for 
promotion, a selection board may, when authorized by the 
Secretary of the military department concerned, recommend 
officers of particular merit, from among those officers se-
lected for promotion, to be placed higher on the promotion 
list established by the Secretary under section 624(a)(1) of 
this title. 
‘‘(2) An officer may be recommended to be placed high-
er on a promotion list under paragraph (1) only if the offi-
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† HR 5515 EAS 
cer receives the recommendation of at least a majority of 
the members of the board, unless the Secretary concerned 
establishes an alternative requirement. Any such alternative 
requirement shall be furnished to the board as part of the 
guidelines furnished to the board under section 615 of this 
title. 
‘‘(3) For the officers recommended to be placed higher 
on a promotion list under paragraph (1), the board shall 
recommend the order in which those officers should be 
placed on the list.’’. 
(2) PROMOTION
SELECTION
BOARD
REPORTS 
RECOMMENDING OFFICERS OF PARTICULAR MERIT BE 
PLACED HIGHER ON PROMOTION LIST.—Section 617 
of such title is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) A selection board convened under section 611(a) 
of this title shall, when authorized under section 616(g) of 
this title, include in its report to the Secretary concerned 
the names of those officers recommended by the board to 
be placed higher on the promotion list and the order in 
which the board recommends that those officers should be 
placed on the list.’’. 
(3) OFFICERS OF PARTICULAR MERIT APPEARING 
HIGHER ON PROMOTION LIST.—Section 624(a)(1) of 
such title is amended in the first sentence by adding
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† HR 5515 EAS 
at the end ‘‘or based on particular merit, as deter-
mined by the promotion board’’. 
(b) ROPMA BOARDS.— 
(1) IN
GENERAL.—Section 14108 of title 10, 
United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(f) OFFICERS OF PARTICULAR MERIT.—(1) In select-
ing the officers to be recommended for promotion, a pro-
motion board may, when authorized by the Secretary of the 
military department concerned, recommend officers of par-
ticular merit, from among those officers selected for pro-
motion, to be placed higher on the promotion list established 
by the Secretary under section 14308(a) of this title. 
‘‘(2) An officer may be recommended to be placed high-
er on a promotion list under paragraph (1) only if the offi-
cer receives the recommendation of at least a majority of 
the members of the board, unless the Secretary concerned 
establishes an alternative requirement. Any such alternative 
requirement shall be furnished to the board as part of the 
guidelines furnished to the board under section 14107 of this 
title. 
‘‘(3) For the officers recommended to be placed higher 
on a promotion list under paragraph (1), the board shall 
recommend the order in which those officers should be 
placed on the list.’’.
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† HR 5515 EAS 
(2) PROMOTION BOARD REPORTS RECOMMENDING 
OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER 
ON PROMOTION LIST.—Section 14109 of such title is 
amended by adding at the end the following new sub-
section: 
‘‘(d) OFFICERS OF PARTICULAR MERIT.—A promotion 
board convened under section 14101(a) of this title shall, 
when authorized under section 14108(f) of this title, include 
in its report to the Secretary concerned the names of those 
officers recommended by the board to be placed higher on 
the promotion list and the order in which the board rec-
ommends that those officers should be placed on the list.’’. 
(3) OFFICERS OF PARTICULAR MERIT APPEARING 
HIGHER ON PROMOTION LIST.—Section 14308(a) of 
such title is amended in the first sentence by adding 
at the end ‘‘or based on particular merit, as deter-
mined by the promotion board’’. 
SEC. 507. AUTHORITY FOR OFFICERS TO OPT OUT OF PRO-
MOTION BOARD CONSIDERATION. 
(a) ACTIVE-DUTY LIST OFFICERS.—Section 619 of 
title 10, United States Code, is amended— 
(1) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(6) An officer excluded under subsection (e).’’; 
and
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† HR 5515 EAS 
(2) by adding at the end the following new sub-
section: 
‘‘(e) AUTHORITY TO ALLOW OFFICERS TO OPT OUT 
OF SELECTION BOARD CONSIDERATION.—(1) The Secretary 
of a military department may provide that an officer under 
the jurisdiction of the Secretary may, upon the officer’s re-
quest and with the approval of the Secretary, be excluded 
from consideration by a selection board convened under sec-
tion 611(a) of this title to consider officers for promotion 
to the next higher grade. 
‘‘(2) The Secretary concerned may only approve a re-
quest under paragraph (1) if— 
‘‘(A) the basis for the request is to allow an offi-
cer to complete a broadening assignment, advanced 
education, another assignment of significant value to 
the Department, or a career progression requirement 
delayed by the assignment or education; 
‘‘(B) the Secretary determines the exclusion from 
consideration is in the best interest of the military de-
partment concerned; and 
‘‘(C) the officer has not previously failed of selec-
tion for promotion to the grade for which the officer 
requests the exclusion from consideration.’’. 
(b) RESERVE ACTIVE-STATUS LIST OFFICERS.—Sec-
tion 14301 of such title is amended—
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† HR 5515 EAS 
(1) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘PREVIOUSLY SELECTED OFFICERS NOT ELIGI-
BLE’’ and inserting ‘‘CERTAIN OFFICERS NOT’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(6) An officer excluded under subsection (j).’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(j) AUTHORITY TO ALLOW OFFICERS TO OPT OUT 
OF SELECTION BOARD CONSIDERATION.—(1) The Secretary 
a military department may provide that an officer under 
the jurisdiction of the Secretary may, upon the officer’s re-
quest and with the approval of the Secretary, be excluded 
from consideration by a selection board convened under sec-
tion 14101(a) of this title to consider officers for promotion 
to the next higher grade. 
‘‘(2) The Secretary concerned may only approve a re-
quest under paragraph (1) if— 
‘‘(A) the basis for the request is to allow an offi-
cer to complete a broadening assignment, advanced 
education, another assignment of significant value to
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† HR 5515 EAS 
the Department, or a career progression requirement 
delayed by the assignment or education; 
‘‘(B) the Secretary determines the exclusion from 
consideration is in the best interest of the military de-
partment concerned; and 
‘‘(C) the officer has not previously failed of selec-
tion for promotion to the grade for which the officer 
requests the exclusion from consideration.’’. 
SEC. 508. COMPETITIVE CATEGORY MATTERS. 
Section 621 of title 10, United States Code, is amend-
ed— 
(1) 
by 
inserting 
‘‘(a) 
COMPETITIVE
CAT-
EGORIES.—’’ before ‘‘Under regulations’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(b) BASES FOR COMPETITIVE CATEGORIES.—Com-
petitive categories shall be established on the bases as fol-
lows: 
‘‘(1) Officers occupying similar officer qualifica-
tions, specialties, occupations, or ratings shall be 
grouped together. 
‘‘(2) Promotion timing, promotion opportunity, 
and officer career length shall each be tailored to par-
ticular officer qualifications, specialties, occupations, 
or ratings.
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† HR 5515 EAS 
‘‘(c) CONSISTENCY NOT REQUIRED
IN PROMOTION 
TIMING OR OPPORTUNITY.—In establishing competitive cat-
egories, the Secretary of a military department shall not 
be required to provide consistency in promotion timing or 
promotion opportunity among competitive categories of the 
armed force concerned.’’. 
SEC. 509. PROMOTION ZONE MATTERS. 
(a) ALIGNMENT WITH ANNUAL DEFENSE MANPOWER 
REQUIREMENTS REPORTS.—Subsection (b) of section 623 
of title 10, United States Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding after paragraph (4) the following 
new paragraph (5): 
‘‘(5) the alignment of opportunities for pro-
motion for officers considered by any particular selec-
tion board with opportunities for promotion in the 
next year as estimated pursuant to paragraph (4) 
and reported in the annual defense manpower re-
quirements report covering such year under section 
115a of this title.’’.
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† HR 5515 EAS 
(b) PROHIBITION ON DETERMINATION OF OFFICERS IN 
PROMOTION ZONE BASED ON YEAR OF ORIGINAL APPOINT-
MENT TO CURRENT GRADE.— 
(1) IN
GENERAL.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(c) The Secretary concerned may not determine the 
number of officers in a promotion zone on the basis of the 
year in which officers receive their original appointment 
in their current grade.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on the date of the en-
actment of this Act, and shall apply with respect to 
promotion zones established for promotion selection 
boards convened on or after that date. 
SEC. 510. ALTERNATIVE PROMOTION AUTHORITY FOR OFFI-
CERS IN DESIGNATED COMPETITIVE CAT-
EGORIES OF OFFICERS. 
(a) ALTERNATIVE PROMOTION AUTHORITY.— 
(1) IN GENERAL.—Chapter 36 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subchapter:
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† HR 5515 EAS 
‘‘SUBCHAPTER 
VI—ALTERNATIVE 
PROMOTION 
AUTHORITY FOR OFFICERS IN DESIGNATED 
COMPETITIVE CATEGORIES 
‘‘Sec. 
‘‘649a. Officers in designated competitive categories. 
‘‘649b. Selection for promotion. 
‘‘649c. Eligibility for consideration for promotion. 
‘‘649d. Opportunities for consideration for promotion. 
‘‘649e. Promotions. 
‘‘649f. Failure of selection for promotion. 
‘‘649g. Retirement: retirement for years of service; selective early retirement. 
‘‘649h. Continuation on active duty. 
‘‘649h-1. Continuation on active duty: officers in certain military specialties and 
career tracks. 
‘‘649i. Other administrative authorities. 
‘‘649j. Regulations. 
‘‘§ 649a. Officers in designated competitive categories 
‘‘(a) AUTHORITY TO DESIGNATE COMPETITIVE CAT-
EGORIES OF OFFICERS.—Each Secretary of a military de-
partment may designate one or more competitive categories 
for promotion of officers under section 621 of this title that 
are under the jurisdiction of such Secretary as a competi-
tive category of officers whose promotion, retirement, and 
continuation on active duty shall be subject to the provi-
sions of this subchapter. 
‘‘(b) LIMITATION ON EXERCISE OF AUTHORITY.—The 
Secretary of a military department may not designate a 
competitive category of officers for purposes of this sub-
chapter until 60 days after the date on which the Secretary 
submits to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the designa-
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† HR 5515 EAS 
tion of the competitive category. The report on the designa-
tion of a competitive category shall set forth the following: 
‘‘(1) A detailed description of officer require-
ments for officers within the competitive category. 
‘‘(2) An explanation of the number of opportuni-
ties for consideration for promotion to each particular 
grade, and an estimate of promotion timing, within 
the competitive category. 
‘‘(3) An estimate of the size of the promotion 
zone for each grade within the competitive category. 
‘‘(4) A description of any other matters the Sec-
retary considered in determining to designate the 
competitive category for purposes of this subchapter. 
‘‘§ 649b. Selection for promotion 
‘‘(a) IN GENERAL.—Except as provided in this section, 
the selection for promotion of officers in any competitive 
category of officers designated for purposes of this sub-
chapter shall be governed by the provisions of subchapter 
I of this chapter. 
‘‘(b) NO RECOMMENDATION FOR PROMOTION OF OFFI-
CERS BELOW PROMOTION ZONE.—Section 616(b) of this 
title shall not apply to the selection for promotion of officers 
described in subsection (a). 
‘‘(c) RECOMMENDATION FOR OFFICERS TO BE EX-
CLUDED
FROM
FUTURE
CONSIDERATION
FOR
PRO-
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† HR 5515 EAS 
MOTION.—In making recommendations pursuant to section 
616 of this title for purposes of the administration of this 
subchapter, a selection board convened under section 611(a) 
of this title may recommend that an officer considered by 
the board be excluded from future consideration for pro-
motion under this chapter. 
‘‘§ 649c. Eligibility for consideration for promotion 
‘‘(a) IN GENERAL.—Except as provided by this sec-
tion, eligibility for promotion of officers in any competitive 
category of officers designated for purposes of this sub-
chapter shall be governed by the provisions of section 619 
of this title. 
‘‘(b) INAPPLICABILITY
OF CERTAIN TIME-IN-GRADE 
REQUIREMENTS.—Paragraphs (2) through (4) of section 
619(a) of this title shall not apply to the promotion of offi-
cers described in subsection (a). 
‘‘(c) INAPPLICABILITY
TO
OFFICERS
ABOVE
AND 
BELOW PROMOTION ZONE.—The following provisions of 
section 619(c) of this title shall not apply to the promotion 
of officers described in subsection (a): 
‘‘(1) The reference in paragraph (1) of that sec-
tion to an officer above the promotion zone. 
‘‘(2) Paragraph (2)(A) of that section.
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† HR 5515 EAS 
‘‘(d) INELIGIBILITY OF CERTAIN OFFICERS.—The fol-
lowing officers are not eligible for promotion under this sub-
chapter: 
‘‘(1) An officer described in section 619(d) of this 
title. 
‘‘(2) An officer not included within the pro-
motion zone. 
‘‘(3) An officer who has failed of promotion to a 
higher grade the maximum number of times specified 
for opportunities for promotion for such grade within 
the competitive category concerned pursuant to sec-
tion 649d of this title. 
‘‘(4) An officer recommended by a selection board 
to be removed from consideration for promotion in ac-
cordance with section 649b(c) of this title. 
‘‘§ 649d. Opportunities for consideration for pro-
motion 
‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNITIES 
FOR CONSIDERATION FOR PROMOTION.—In designating a 
competitive category of officers pursuant to section 649a of 
this title, the Secretary of a military department shall 
specify the number of opportunities for consideration for 
promotion to be afforded officers of the armed force con-
cerned within the category for promotion to each grade
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† HR 5515 EAS 
above the grade of first lieutenant or lieutenant (junior 
grade), as applicable. 
‘‘(b) LIMITED AUTHORITY OF SECRETARY OF MILI-
TARY DEPARTMENT TO MODIFY NUMBER OF OPPORTUNI-
TIES.—The Secretary of a military department may modify 
the number of opportunities for consideration for promotion 
to be afforded officers of an armed force within a competi-
tive category for promotion to a particular grade, as pre-
viously specified by the Secretary pursuant subsection (a) 
or this subsection, not more frequently than once every five 
years. 
‘‘(c) DISCRETIONARY AUTHORITY OF SECRETARY OF 
DEFENSE TO MODIFY NUMBER OF OPPORTUNITIES.—The 
Secretary of Defense may modify the number of opportuni-
ties for consideration for promotion to be afforded officers 
of an armed force within a competitive category for pro-
motion to a particular grade, as previously specified or 
modified pursuant to any provision of this section, at the 
discretion of the Secretary. 
‘‘(d) LIMITATION
ON NUMBER
OF OPPORTUNITIES 
SPECIFIED.—The number of opportunities for consider-
ation for promotion to be afforded officers of an armed force 
within a competitive category for promotion to a particular 
grade, as specified or modified pursuant to any provision 
of this section, may not exceed five opportunities.
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† HR 5515 EAS 
‘‘(e) EFFECT OF CERTAIN REDUCTION IN NUMBER OF 
OPPORTUNITIES SPECIFIED.—If, by reason of a reduction 
in the number of opportunities for consideration for pro-
motion under this section, an officer would no longer have 
one or more opportunities for consideration for promotion 
that were available to the officer before the reduction, the 
officer shall be afforded one additional opportunity for con-
sideration for promotion after the reduction. 
‘‘§ 649e. Promotions 
‘‘Sections 620 through 626 of this title shall apply in 
promotions of officers in competitive categories of officers 
designated for purposes of this subchapter. 
‘‘§ 649f. Failure of selection for promotion 
‘‘(a) IN GENERAL.—Except as provided in this section, 
sections 627 through 632 of this title shall apply to pro-
motions of officers in competitive categories of officers des-
ignated for purposes of this subchapter. 
‘‘(b) INAPPLICABILITY OF FAILURE OF SELECTION FOR 
PROMOTION TO OFFICERS ABOVE PROMOTION ZONE.—The 
reference in section 627 of this title to an officer above the 
promotion zone shall not apply in the promotion of officers 
described in subsection (a). 
‘‘(c) SPECIAL SELECTION BOARD MATTERS.—The ref-
erence in section 628(a)(1) of this title to a person above
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† HR 5515 EAS 
the promotion zone shall not apply in the promotion of offi-
cers described in subsection (a). 
‘‘(d) EFFECT OF FAILURE OF SELECTION.—In the ad-
ministration of this subchapter pursuant to subsection 
(a)— 
‘‘(1) an officer described in subsection (a) shall 
not be deemed to have failed twice of selection for pro-
motion for purposes of section 629(e)(2) of this title 
until the officer has failed selection of promotion to 
the next higher grade the maximum number of times 
specified for opportunities for promotion to such 
grade within the competitive category concerned pur-
suant to section 649d of this title; and 
‘‘(2) any reference in section 631(a) or 632(a) of 
this title to an officer who has failed of selection for 
promotion to the next higher grade for the second time 
shall be deemed to refer instead to an officer described 
in subsection (a) who has failed of selection for pro-
motion to the next higher grade for the maximum 
number of times specified for opportunities for pro-
motion to such grade within the competitive category 
concerned pursuant to such section 649d.
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‘‘§ 649g. Retirement: retirement for years of service; se-
lective early retirement 
‘‘(a) RETIREMENT FOR YEARS OF SERVICES.—Sec-
tions 633 through 636 of this title shall apply to the retire-
ment of officers in competitive categories of officers des-
ignated for purposes of this subchapter. 
‘‘(b) SELECTIVE EARLY RETIREMENT.—Sections 638 
and 638a of this title shall apply to the retirement of offi-
cers described in subsection (a). 
‘‘§ 649h. Continuation on active duty 
‘‘(a) IN GENERAL.—An officer subject to discharge or 
retirement pursuant to this subchapter may, subject to the 
needs of the service, be continued on active duty if the officer 
is selected for continuation on active duty in accordance 
with this section by a selection board convened under sec-
tion 611(b) of this title. 
‘‘(b) IDENTIFICATION OF POSITIONS FOR OFFICERS 
CONTINUED ON ACTIVE DUTY.— 
‘‘(1) IN GENERAL.—Officers may be selected for 
continuation on active duty pursuant to this section 
only for assignment to positions identified by the Sec-
retary of the military department concerned for which 
vacancies exist or are anticipated to exist. 
‘‘(2) IDENTIFICATION.—Before convening a selec-
tion board pursuant to section 611(b) of this title for 
purposes of selection of officers for continuation on
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active duty pursuant to this section, the Secretary of 
the military department concerned shall specify for 
purposes of the board the positions identified by the 
Secretary to which officers selected for continuation 
on active duty may be assigned. 
‘‘(c) RECOMMENDATION FOR CONTINUATION.—A selec-
tion board may recommend an officer for continuation on 
active duty pursuant to this section only if the board deter-
mines that the officer is qualified for assignment to one or 
more positions identified pursuant to subsection (b) on the 
basis of skills, knowledge, and behavior required of an offi-
cer to perform successfully in such position or positions. 
‘‘(d) APPROVAL OF SECRETARY OF MILITARY DEPART-
MENT.—Continuation of an officer on active duty under 
this section pursuant to the action of a selection board is 
subject to the approval of the Secretary of the military de-
partment concerned. 
‘‘(e) NONACCEPTANCE OF CONTINUATION.—An officer 
who is selected for continuation on active duty pursuant 
to this section, but who declines to continue on active duty, 
shall be discharged or retired, as appropriate, in accordance 
with section 632 of this title. 
‘‘(f) PERIOD OF CONTINUATION.— 
‘‘(1) IN GENERAL.—An officer continued on ac-
tive duty pursuant to this section shall remain on ac-
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tive duty, and serve in the position to which assigned 
(or in another position to which assigned with the ap-
proval of the Secretary of the military department 
concerned), for a total of not more than three years 
afer the date of assignment to the position to which 
first so assigned. 
‘‘(2) ADDITIONAL
CONTINUATION.—An officer 
whose continued service pursuant to this section 
would otherwise expire pursuant to paragraph (1) 
may be continued on active duty if selected for con-
tinuation on active duty in accordance with this sec-
tion before the date of expiration pursuant to that 
paragraph. 
‘‘(g) EFFECT OF EXPIRATION OF CONTINUATION.— 
Each officer continued on active duty pursuant to this sub-
section who is not selected for continuation on active duty 
pursuant to subsection (f)(2) at the completion of the offi-
cer’s term of continued service shall, unless sooner dis-
charged or retired under another provision of law— 
‘‘(1) be discharged upon the expiration of the 
term of continued service; or 
‘‘(2) if eligible for retirement under another other 
provision of law, be retired under that law on the 
first day of the first month following the month in
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which the officer completes the term of continued serv-
ice. 
‘‘(h) TREATMENT OF DISCHARGE OR RETIREMENT.— 
The discharge or retirement of an officer pursuant to this 
section shall be considered to be an involuntary discharge 
or retirement for purposes of any other provision of law. 
‘‘§ 649h-1. Continuation on active duty: officers in cer-
tain military specialties and career tracks 
‘‘In addition to continuation on active duty provided 
for in section 649h of this title, an officer to whom section 
637a of this title applies may be continued on active duty 
in accordance with the provisions of such section 637a. 
‘‘§ 649i. Other administrative authorities 
‘‘(a) IN GENERAL.—The following provisions of this 
title shall apply to officers in competitive categories of offi-
cers designated for purposes of this subchapter: 
‘‘(1) Section 638b, relating to voluntary retire-
ment incentives. 
‘‘(2) Section 639, relating to continuation on ac-
tive duty to complete disciplinary action. 
‘‘(3) Section 640, relating to deferment of retire-
ment or separation for medical reasons. 
‘‘§ 649j. Regulations 
‘‘The Secretary of Defense shall prescribe regulations 
regarding the administration of this subchapter. The ele-
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ments of such regulations shall include mechanisms to clar-
ify the manner in which provisions of other subchapters of 
this chapter shall be used in the administration of this sub-
chapter in accordance with the provisions of this sub-
chapter.’’. 
(2) CLERICAL AMENDMENT.—The table of sub-
chapters at the beginning of chapter 36 of such title 
is amended by adding at the end the following new 
item: 
‘‘VI. Alternative Promotion Authority for Officers in Des-
ignated Competitive Categories .......................... 649a’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall, in consultation with the Secretaries of 
the military departments, submit to the Committees 
on Armed Services of the Senate and the House of 
Representatives a report on the authorities in sub-
chapter VI of chapter 36 of title 10, United States 
Code (as added by subsection (a)). 
(2) ELEMENTS.—The report shall include the fol-
lowing: 
(A) A detailed analysis and assessment of 
the manner in which the exercise of the authori-
ties in subchapter VI of chapter 36 of title 10, 
United States Code (as so added), will effect the
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† HR 5515 EAS 
career progression of commissioned officers in the 
Armed Forces. 
(B) A description of the competitive cat-
egories of officers that are anticipated to be des-
ignated as competitive categories of officers for 
purposes of such authorities. 
(C) A plan for implementation of such au-
thorities. 
(D) Such recommendations for legislative or 
administrative action as the Secretary of Defense 
considers appropriate to improve or enhance 
such authorities. 
SEC. 511. APPLICABILITY TO ADDITIONAL OFFICER GRADES 
OF AUTHORITY FOR CONTINUATION ON AC-
TIVE DUTY OF OFFICERS IN CERTAIN MILI-
TARY SPECIALTIES AND CAREER TRACKS. 
Section 637a(a) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘grade O–4’’ and inserting 
‘‘grade O–2’’; and 
(2) by inserting ‘‘632,’’ before ‘‘633,’’.
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PART II—OTHER MATTERS 
SEC. 516. MATTERS RELATING TO SATISFACTORY SERVICE 
IN GRADE FOR PURPOSES OF RETIREMENT 
GRADE OF OFFICERS IN HIGHEST GRADE OF 
SATISFACTORY SERVICE. 
(a) CONDITIONAL DETERMINATIONS
OF GRADE
OF 
SATISFACTORY SERVICE.— 
(1) IN GENERAL.—Subsection (a)(1) of section 
1370 of title 10, United States Code, is amended by 
adding at the end the following new sentences: ‘‘When 
an officer is under investigation for alleged mis-
conduct at the time of retirement, the Secretary con-
cerned may conditionally determine the highest grade 
of satisfactory service of the officer pending comple-
tion of the investigation. Such grade is subject to re-
opening in accordance with subsection (f).’’. 
(2) OFFICERS IN O–9 AND O–10 GRADES.—Sub-
section (c) of such section is amended by adding at 
the end the following new paragraph: 
‘‘(4) The Secretary of Defense may make a conditional 
certification regarding satisfactory service in grade under 
paragraph (1) with respect to an officer under that para-
graph notwithstanding the fact that there is pending the 
disposition of an adverse personnel action against the offi-
cer for alleged misconduct. The retired grade of an officer
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following such a conditional certification is subject to re-
opening in accordance with subsection (f).’’. 
(3) RESERVE
OFFICERS.—Subsection (d)(1) of 
such section is amended by adding at the end the fol-
lowing new sentences: ‘‘When an officer is under in-
vestigation for alleged misconduct at the time of re-
tirement, the Secretary concerned may conditionally 
determine the highest grade of satisfactory service of 
the officer pending completion of the investigation. 
Such grade is subject to reopening in accordance with 
subsection (f).’’. 
(b) DETERMINATIONS OF SATISFACTORY SERVICE.— 
Such section is further amended— 
(1) by redesignating subsection (e) as subsection 
(g); and 
(2) by inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) DETERMINATIONS OF SATISFACTORY SERVICE IN 
GRADE.—The determination whether an officer’s service in 
grade is satisfactory for purposes of any provision of this 
section shall— 
‘‘(1) be based on quantative and qualitative con-
siderations; 
‘‘(2) take into account both acts and omissions; 
and
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‘‘(3) take into account service in current grade 
and in any prior grade in which served (whether a 
lower or higher grade).’’. 
(c) FINALITY
OF
RETIRED
GRADE
DETERMINA-
TIONS.—Such section is further amended by inserting after 
subsection (e), as amended by subsection (b) of this section, 
the following new subsection: 
‘‘(f) FINALITY
OF
RETIRED
GRADE
DETERMINA-
TIONS.—(1) Except as otherwise provided by law, a deter-
mination or certification of the retired grade of an officer 
pursuant to this section is administratively final on the day 
the officer is retired, and may not be reopened. 
‘‘(2) A determination or certification of the retired 
grade of an officer may be reopened as follows: 
‘‘(A) If the retirement or retired grade of the offi-
cer was procured by fraud. 
‘‘(B) If substantial evidence comes to light after 
the retirement that could have led to a lower retired 
grade under this section if known by competent au-
thority at the time of retirement. 
‘‘(C) If a mistake of law or calculation was made 
in the determination of the retired grade. 
‘‘(D) In the case of a retired grade following a 
conditional determination under subsection (a)(1) or 
(d)(1) or conditional certification under subsection
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(c)(4), if the investigation of or personnel action 
against the officer, as applicable, results in adverse 
findings. 
‘‘(E) If the Secretary concerned determines, pur-
suant to regulations prescribed by the Secretary of 
Defense, that good cause exists to reopen the deter-
mination or certification. 
‘‘(3) If a determination or certification of the retired 
grade of an officer is reopened, the Secretary concerned— 
‘‘(A) shall notify the officer of the reopening; and 
‘‘(B) may not make an adverse determination on 
the retired grade of the officer until the officer has 
had a reasonable opportunity to respond regarding 
the basis of the reopening. 
‘‘(4) If a certification of the retired grade of an officer 
covered by subsection (c) is reopened, the Secretary con-
cerned shall also notify the President and Congress of the 
reopening. 
‘‘(5) If the retired grade of an officer is reduced 
through the reopening of the officer’s retired grade, the re-
tired pay of the officer under chapter 71 of this title shall 
be recalculated, and any modification of the retired pay of 
the officer shall go into effect on the effective date of the 
reduction of the officer’s retired grade.’’.
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(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enactment 
of this Act, and shall apply with respect to officers who 
retire from the Armed Forces on or after that date. 
SEC. 517. REDUCTION IN NUMBER OF YEARS OF ACTIVE 
NAVAL SERVICE REQUIRED FOR PERMANENT 
APPOINTMENT AS A LIMITED DUTY OFFICER. 
Section 5589(d) of title 10, United States Code, is 
amended by striking ‘‘10 years’’ and inserting ‘‘8 years’’. 
SEC. 518. REPEAL OF ORIGINAL APPOINTMENT QUALIFICA-
TION REQUIREMENT FOR WARRANT OFFI-
CERS IN THE REGULAR ARMY. 
(a) IN GENERAL.—Section 3310 of title 10, United 
States Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 335 of such title is amended by 
striking the item relating to section 3310. 
SEC. 519. UNIFORM GRADE OF SERVICE OF THE CHIEFS OF 
CHAPLAINS OF THE ARMED FORCES. 
The grade of service as Chief of Chaplains of the Army, 
Chief of Chaplains of the Navy, and Chief of Chaplains of 
the Air Force of an officer serving in such position shall 
be such grade as the Secretary of Defense shall specify. The 
grade of service shall be the same for service in each such 
position.
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SEC. 520. WRITTEN JUSTIFICATION FOR APPOINTMENT OF 
CHIEFS OF CHAPLAINS IN GRADE BELOW 
GRADE OF MAJOR GENERAL OR REAR ADMI-
RAL. 
(a) CHIEF OF CHAPLAINS OF THE ARMY.—Section 
3036 of title 10, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(h) If an individual is appointed Chief of Chaplains 
in a regular grade below the grade of major general, the 
Secretary of the Army shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report setting forth in writing the justification for 
the appointment of the individual as Chief of Chaplains 
in such lower grade.’’. 
(b) CHIEF OF CHAPLAINS OF THE NAVY.—Section 
5142(b) of such title is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) If an individual is appointed Chief of Chaplains 
in a regular grade below the grade of rear admiral, the Sec-
retary of the Navy shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report setting forth in writing the justification for the ap-
pointment of the individual as Chief of Chaplains in such 
lower grade.’’.