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(3) An analysis of the extent to which the De-
partment of Defense should treat commercial service 
contracts and commercial products in a similar man-
ner. 
(4) Such other matters with respect to commer-
cial item procurement as the Assistant Secretary con-
siders appropriate. 
Subtitle F—Industrial Base Matters 
SEC. 861. NATIONAL TECHNOLOGY AND INDUSTRIAL BASE 
APPLICATION PROCESS. 
(a) IN GENERAL.—Subchapter II of chapter 148 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2509. National technology and industrial base ap-
plication process 
‘‘(a) IN GENERAL.—The Secretary of Defense shall ad-
minister a national technology and industrial base applica-
tion process. 
‘‘(b) ELEMENTS.—The application process required 
under subsection (a) shall include the following elements: 
‘‘(1) The Secretary shall designate an official 
within the Office of the Secretary of Defense respon-
sible for administration of the national technology 
and industrial base application process and associ-
ated policy.
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‘‘(2) A person or organization that meets the def-
inition of national technology and industrial base 
under section 2500(1) of this title shall have the op-
portunity to apply for an item to be covered under 
the national technology and industrial base. The ap-
plication shall include, at a minimum, the following 
information: 
‘‘(A) Information demonstrating the appli-
cant meets such definition. 
‘‘(B) The section or sections of this chapter, 
related to the national technology and industrial 
base, that the applicant seeks to modify. 
‘‘(C) The applicant’s proposed modifications 
to the section or sections identified under sub-
paragraph (B). 
‘‘(D) For each item the applicant seeks to 
include in the national technology and indus-
trial base, the applicant shall include the fol-
lowing information: 
‘‘(i) The extent to which such item has 
commercial applications. 
‘‘(ii) The number of such items to be 
procured by current programs of record. 
‘‘(iii) The criticality of such item to a 
military unit’s mission accomplishment.
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‘‘(iv) The estimated cost and other con-
siderations of reconstituting the manufac-
turing capability of such item, if not main-
tained in the national technology and in-
dustrial base. 
‘‘(v) National security regulations or 
restrictions imposed on such item that may 
not be imposed on a non-national tech-
nology and industrial base competitor. 
‘‘(vi) 
Non-national 
security-related 
Federal, State, and local government regu-
lations imposed on such item that may not 
be imposed on a non-national technology 
and industrial base competitor. 
‘‘(vii) The extent to which such item is 
fielded in current programs of record. 
‘‘(viii) The extent to which cost and 
pricing data for such item has been deemed 
fair and reasonable. 
‘‘(c) CONSIDERATION OF APPLICATIONS.— 
‘‘(1) RESPONSIBILITY
OF
DESIGNATED
OFFI-
CIAL.—The official designated pursuant to subsection 
(b)(1) shall be responsible for providing complete ap-
plications submitted pursuant to this subsection to the 
appropriate component acquisition executive for con-
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† HR 5515 EAS 
sideration not later than 15 days after receipt of such 
application. 
‘‘(2) REVIEW.—Not later than 60 days after re-
ceiving a complete application, the component acqui-
sition executive shall review such application, make a 
determination, and return the application to the offi-
cial designated pursuant to subsection (b)(1). 
‘‘(3) ELEMENTS OF DETERMINATION.—The deter-
mination required under paragraph (2) shall— 
‘‘(A) recommend the modification to this 
chapter 
proposed 
pursuant 
to 
subsection 
(b)(2)(C); 
‘‘(B) recommend the modification to this 
chapter 
proposed 
pursuant 
to 
subsection 
(b)(2)(C) with further modifications; or 
‘‘(C) not recommend the modification to 
this chapter proposed pursuant to subsection 
(b)(2)(C). 
‘‘(4) JUSTIFICATION.—The determination re-
quired under paragraph (2) shall also include the ra-
tionale and justification for the determination. 
‘‘(d) RECOMMENDATIONS FOR LEGISLATION.—For ap-
plications recommended under subsection (c), the official 
designated pursuant to subsection (b)(1) shall be responsible
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for preparing a legislative proposal for consideration by the 
Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2509. National technology and industrial base application process.’’. 
(c) EFFECTIVE DATE.—Section 2509 of title 10, 
United States Code, as added by subsection (a), shall take 
effect 60 days after the date of the enactment of this Act. 
SEC. 862. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL 
BASE. 
(a) IN GENERAL.—Not later than January 31, 2019, 
the Secretary of Defense, in consultation with the Executive 
Agent for Printed Circuit Board and Interconnect Tech-
nology and the Director of the Office of Management and 
Budget, shall submit to Congress a report examining the 
health of the defense electronics industrial base, including 
analog and passive electronic parts, substrates, printed 
boards, assemblies, connectors, cabling, and related areas, 
both domestically and within the national technology and 
industrial base. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following elements: 
(1) An examination of current and planned 
partnerships with the commercial industry.
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(2) Analysis of the current and future defense 
electronics industrial base. 
(3) Threat assessment related to system security. 
(4) An assessment of the health of the engineer-
ing and production workforce. 
(5) A description of the electronics supply chain 
requirements of defense systems integral to meeting 
the goals of the 2018 National Defense Strategy. 
(6) Recommended actions to address areas 
deemed deficient or vulnerable, and a plan to for-
malize long-term resourcing for the Executive Agent. 
(7) Any other areas matters determined relevant 
by the Secretary. 
SEC. 863. SUPPORT FOR DEFENSE MANUFACTURING COM-
MUNITIES TO SUPPORT THE DEFENSE INDUS-
TRIAL BASE. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense may, 
in coordination with the Secretary of Commerce and 
working in coordination with the defense manufac-
turing institutes, establish within the Department of 
Defense a program to make long-term investments in 
critical skills, infrastructure, research and develop-
ment, and small business support in order to 
strengthen the national security innovation base by
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designating and supporting consortiums as defense 
manufacturing communities. 
(2) DESIGNATION.—The program authorized by 
this section shall be known as the ‘‘Defense Manufac-
turing Community Support Program’’ (in this sec-
tion referred to as the ‘‘Program’’). 
(b) DESIGNATION OF DEFENSE MANUFACTURING COM-
MUNITIES COMPLEMENTARY TO DEFENSE MANUFACTURING 
INSTITUTES.— 
(1) IN GENERAL.—The Secretary of Defense may 
designate eligible consortiums as defense manufac-
turing communities through a competitive process, 
and in coordination with the defense manufacturing 
institutes. 
(2) ELIGIBLE
CONSORTIUMS.—The Secretary 
may establish eligibility criteria for a consortium to 
participate in the Program. In developing such cri-
teria, the Secretary may consider the merits of— 
(A) including members from academia, de-
fense industry, commercial industry, and State 
and local government organizations; 
(B) supporting efforts in geographical re-
gions that have capabilities in key technologies 
or industrial base supply chains that are deter-
mined critical to national security;
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(C) optimal consortium composition and 
size to promote effectiveness, collaboration, and 
efficiency; and 
(D) complementarity with defense manufac-
turing institutes. 
(3) DURATION.—Each designation under para-
graph (1) shall be for a period designated by the Sec-
retary. 
(4) RENEWAL.— 
(A) IN
GENERAL.—The Secretary may 
renew a designation made under paragraph (1) 
for up to two additional two-year periods. Any 
designation as a defense manufacturing commu-
nity or renewal of such designation that is in ef-
fect before the date of the enactment of this Act 
shall count toward the limit set forth in this sub-
paragraph. 
(B) EVALUATION FOR RENEWAL.—The Sec-
retary shall establish criteria for the renewal of 
a consortium. In establishing such criteria, the 
Secretary may consider— 
(i) the performance of the consortium 
in meeting the established goals of the Pro-
gram;
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(ii) the progress the consortium has 
made 
with 
respect 
to 
project-specific 
metrics, particularly with respect to those 
metrics that were designed to help commu-
nities track their own progress; 
(iii) whether any changes to the com-
position of the eligible consortium or revi-
sions of the plan for the consortium would 
improve the capabilities of the defense in-
dustrial base; 
(iv) the effectiveness of coordination 
with defense manufacturing institutes; and 
(v) such other criteria as the Secretary 
considers appropriate. 
(5) APPLICATION FOR DESIGNATION.—An eligible 
consortium seeking a designation under paragraph 
(1) shall submit an application to the Secretary at 
such time and in such manner as the Secretary may 
require. In developing such procedures, the Secretary 
may consider the inclusion of— 
(A) a description of the regional boundaries 
of the consortium, and the defense manufac-
turing capacity of the region;
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(B) an evidence-based plan for enhancing 
the defense industrial base through the efforts of 
the consortium; 
(C) the investments the consortium proposes 
and the strategy of the consortium to address 
gaps in the defense industrial base; 
(D) a description of the outcome-based 
metrics, benchmarks, and milestones that will 
track and the evaluation methods that will be 
used to gauge performance of the consortium; 
(E) how the initiatives will complement de-
fense manufacturing institutes; and 
(F) such other matters as the Secretary con-
siders appropriate. 
(c) FINANCIAL AND TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—Under the Program, the Sec-
retary of Defense may award financial or technical 
assistance to a member of a consortium designated as 
a defense manufacturing community under the Pro-
gram as appropriate for purposes of the Program. 
(2) USE OF FUNDS.—A recipient of financial or 
technical assistance under the Program may use such 
financial or technical assistance to support an invest-
ment that will improve the defense industrial base.
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(3) 
INVESTMENTS
SUPPORTED.—Investments 
supported under this subsection may include activi-
ties not already provided for by defense manufac-
turing institutes on— 
(A) infrastructure; 
(B) access to capital; 
(C) promotion of exports and foreign direct 
investment; 
(D) equipment or facility upgrades; 
(E) workforce training, retraining, or re-
cruitment and retention, including that of 
women and underrepresented minorities; 
(F) energy or process efficiency; 
(G) business incubators; 
(H) site preparation; 
(I) advanced research and commercializa-
tion, including with Federal laboratories and de-
pots; 
(J) supply chain development; and 
(K) small business assistance. 
(d) RECEIPT
OF TRANSFERRED FUNDS.—The Sec-
retary of Defense may accept amounts transferred to the 
Secretary from the head of another agency or a State or 
local governmental organization to carry out this section.
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Subtitle G—Other Transactions 
SEC. 871. CHANGE TO NOTIFICATION REQUIREMENT FOR 
OTHER TRANSACTIONS. 
Section 2371b(f)(1) of title 10, United States Code, is 
amended by inserting after the first sentence the following: 
‘‘The cost of any such option shall be considered for pur-
poses of subsection (a)(2) as part of the cost to the Depart-
ment of Defense of a transaction (for a prototype).’’. 
SEC. 872. DATA AND POLICY ON THE USE OF OTHER TRANS-
ACTIONS. 
(a) COLLECTION AND STORAGE.—The Service Acquisi-
tion Executives of the military departments shall collect 
data on the use of other transactions by their respective de-
partments, and the Under Secretary of Defense for Research 
and Engineering and the Under Secretary of Defense for 
Acquisition and Sustainment shall collect data on all other 
use by the Department of Defense of other transactions, in-
cluding use by the Defense Agencies. The data shall be stored 
in a manner that allows the Assistant Secretary of Defense 
for Acquisition access at any time. 
(b) USE OF DATA.—The Assistant Secretary of Defense 
for Acquisition shall analyze and leverage the data collected 
under subsection (a) to update policy and guidance related 
to the use of other transactions.
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Subtitle H—Development and Ac-
quisition of Software Intensive 
and Digital Products and Serv-
ices 
SEC. 881. CLARIFICATIONS REGARDING PROPRIETARY AND 
TECHNICAL DATA. 
(a) VALIDATION
OF PROPRIETARY DATA RESTRIC-
TIONS.—Section 2321(f) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘(1) Except as provided in para-
graph (2), in’’ and inserting ‘‘In’’; and 
(2) by striking paragraph (2). 
(b) RIGHTS IN TECHNICAL DATA.—Section 2320 of 
title 10, United States Code, is amended— 
(1) by striking subsection (f); and 
(2) by redesignating subsections (g) and (h) as 
subsections (f) and (g), respectively. 
SEC. 882. IMPLEMENTATION OF RECOMMENDATIONS OF 
THE 
FINAL 
REPORT 
OF 
THE 
DEFENSE 
SCIENCE BOARD TASK FORCE ON THE DE-
SIGN AND ACQUISITION OF SOFTWARE FOR 
DEFENSE SYSTEMS. 
(a) IMPLEMENTATION REQUIRED.—Not later than 18 
months after the date of the enactment of this Act, the Sec-
retary of Defense shall, except as provided under subsection
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† HR 5515 EAS 
(b), commence implementation of each recommendation 
submitted as part of the final report of the Defense Science 
Board Task Force on the Design and Acquisition of Soft-
ware for Defense Systems. 
(b) EXCEPTIONS.— 
(1) DELAYED IMPLEMENTATION.—The Secretary 
of Defense may commence implementation of a rec-
ommendation described under subsection (a) later 
than the date required under such subsection if the 
Secretary provides the congressional defense commit-
tees with a specific justification for the delay in im-
plementation of such recommendation. 
(2) NONIMPLEMENTATION.—The Secretary of De-
fense may opt not to implement a recommendation 
described under subsection (a) if the Secretary pro-
vides to the congressional defense committees— 
(A) the reasons for the decision not to im-
plement the recommendation; and 
(B) a summary of the alternative actions 
the Secretary plans to take to address the pur-
poses underlying the recommendation. 
(c) IMPLEMENTATION PLANS.—For each recommenda-
tion that the Secretary is implementing, or that the Sec-
retary plans to implement, the Secretary shall submit to 
the congressional defense committees—
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† HR 5515 EAS 
(1) a summary of actions that have been taken 
to implement the recommendation; and 
(2) a schedule, with specific milestones, for com-
pleting the implementation of the recommendation. 
SEC. 883. IMPLEMENTATION OF PILOT PROGRAM TO USE 
AGILE OR ITERATIVE DEVELOPMENT METH-
ODS REQUIRED UNDER SECTION 873 OF THE 
NATIONAL DEFENSE AUTHORIZATION ACT 
FOR FISCAL YEAR 2018. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall include the following systems for realignment under 
the pilot program to use agile or iterative development 
methods pursuant to section 873 of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 115– 
91): 
(1) Global Positioning System Next Generation 
Operational Control System (GPS OCX). 
(2) Integrated Air and Missile Defense Battle 
Command System (IBCS). 
(3) Command Control Battle Management and 
Communications (C2BMC). 
(4) The family of Distributed Common Ground 
Systems.
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(5) The family of Global Command and Control 
Systems. 
(6) Joint Space Operations Center Mission Sys-
tems (JMS). 
(7) Joint Strike Fighter Autonomic Logistics In-
formation System (ALIS). 
(8) Electronic Procurement System (ePS). 
(9) Air Force Integrated Personnel and Pay Sys-
tem (AFIPPS). 
(10) Navy Personnel and Pay (NP2). 
(11) 
Integrated 
Personnel 
and 
Pay-Army 
(IPPS–A). 
(12) 
Maintenance, 
Repair, 
and 
Overhaul 
(MROI). 
(13) Defense Enterprise Accounting Management 
System (DEAMS). 
(14) Army Contract Writing System. 
(15) Contracting IT System. 
(16) Defense-wide Electronic Procurement Capa-
bilities. 
(b) REVISIONS TO LIST.—The Secretary of Defense 
shall notify the congressional defense committees of any re-
visions to the list of systems included for realignment under 
subsection (a).
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SEC. 884. ENABLING AND OTHER ACTIVITIES OF THE 
CLOUD EXECUTIVE STEERING GROUP. 
(a) ACTIVITIES REQUIRED.—Commencing not later 
than 90 days after the date of the enactment of this Act, 
the Cloud Executive Steering Group (CESG) established by 
the Deputy Secretary of Defense in a directive memo-
randum dated September 13, 2017, in order to support its 
Joint Enterprise Defense Infrastructure (JEDI) initiative 
to procure commercial cloud services, shall conduct certain 
key enabling activities as follows: 
(1) ADVANCED COMMERCIAL NETWORK CAPABILI-
TIES.—Develop an approach to rapidly acquire ad-
vanced commercial network capabilities, including 
software-defined networking, on-demand bandwidth, 
and aggregated cloud access gateways, through com-
mercial service providers in order— 
(A) to support the migration of applications 
and systems to commercial cloud platforms; 
(B) to increase visibility of end-to-end per-
formance to enable and enforce service level 
agreements for cloud services; 
(C) to ensure efficient and common cloud 
access; 
(D) to facilitate shifting data and applica-
tions from one cloud platform to another; 
(E) to improve cybersecurity; and
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† HR 5515 EAS 
(F) to consolidate networks and achieve effi-
ciencies and improved performance; 
(2) WORKLOAD AND MIGRATION ANALYSIS.—Con-
duct an analysis of existing workloads that would be 
migrated to the Joint Enterprise Defense Infrastruc-
ture, including— 
(A) identifying all of the cloud initiatives 
across the Department of Defense, and deter-
mining the objectives of such initiatives in con-
nection with the intended scope of the Infrastruc-
ture; 
(B) identifying all the systems and applica-
tions that the Department would intend to mi-
grate to the Infrastructure; 
(C) conducting rationalization of applica-
tions to identify applications and systems that 
may duplicate the processing of workloads in 
connection with the Infrastructure; and 
(D) as result of such actions, arriving at 
dispositions about migration or termination of 
systems and applications in connection with the 
Infrastructure. 
(b) LIMITATION
ON NEW SYSTEMS
AND APPLICA-
TIONS.—The Deputy Secretary shall require that no new 
system or application will be approved for development or
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† HR 5515 EAS 
modernization without an assessment that such system or 
application is already, or can and would be, cloud-hosted. 
(c) INTEGRATION AND SUPPORT.—The Deputy Sec-
retary shall ensure that the activities conducted under sub-
section (a) are integrated with and support the plan of the 
Department to acquire and migrate to commercial cloud 
services. 
(d) TRANSPARENCY AND COMPETITION.—The Deputy 
Secretary shall ensure that the acquisition approach of the 
Department continues to follow the Federal Acquisition 
Regulation, including part 16.504(c) of such regulation, re-
garding procedures relating to the preference for multiple 
awards. 
Subtitle I—Other Matters 
SEC. 
891. 
PROHIBITION 
ON 
CERTAIN 
TELECOMMUNI-
CATIONS SERVICES OR EQUIPMENT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In its 2011 ‘‘Annual Report to Congress on 
Military and Security Developments Involving the 
People’s Republic of China’’, the Department of De-
fense stated, ‘‘China’s defense industry has benefited 
from integration with a rapidly expanding civilian 
economy and science and technology sector, particu-
larly elements that have access to foreign technology. 
Progress within individual defense sectors appears
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† HR 5515 EAS 
linked to the relative integration of each, through Chi-
na’s civilian economy, into the global production and 
R&D chain . . . Information technology companies 
in particular, including Huawei, Datang, and 
Zhongxing, maintain close ties to the PLA.’’. 
(2) In a 2011 report titled ‘‘The National Secu-
rity Implications of Investments and Products from 
the People’s Republic of China in the Telecommuni-
cations Sector’’, the United States China Commission 
stated that ‘‘[n]ational security concerns have accom-
panied the dramatic growth of China’s telecom sector. 
. . . Additionally, large Chinese companies—particu-
larly those ‘national champions’ prominent in Chi-
na’s ‘going out’ strategy of overseas expansion—are 
directly subject to direction by the Chinese Com-
munist Party, to include support for PRC state poli-
cies and goals.’’. 
(3) The Commission further stated in its report 
that ‘‘[f]rom this point of view, the clear economic 
benefits of foreign investment in the U.S. must be 
weighed against the potential security concerns re-
lated to infrastructure components coming under the 
control of foreign entities. This seems particularly ap-
plicable in the telecommunications industry, as Chi-
nese companies continue systematically to acquire
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† HR 5515 EAS 
significant holdings in prominent global and U.S. 
telecommunications and information technology com-
panies.’’. 
(4) In its 2011 Annual Report to Congress, the 
United States China Commission stated that ‘‘[t]he 
extent of the state’s control of the Chinese economy is 
difficult to quantify . . . There is also a category of 
companies that, though claiming to be private, are 
subject to state influence. Such companies are often in 
new markets with no established SOE leaders and 
enjoy favorable government policies that support their 
development while posing obstacles to foreign competi-
tion. Examples include Chinese telecoms giant 
Huawei and such automotive companies as battery 
maker BYD and vehicle manufacturers Geely and 
Chery.’’. 
(5) General Michael Hayden, who served as Di-
rector of the Central Intelligence Agency and Director 
of the National Security Agency, stated in July 2013 
that Huawei had ‘‘shared with the Chinese state inti-
mate and extensive knowledge of foreign telecommuni-
cations systems it is involved with’’. 
(6) The Federal Bureau of Investigation, in a 
February 2015 Counterintelligence Strategy Partner-
ship Intelligence Note stated that, ‘‘[w]ith the ex-
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panded use of Huawei Technologies Inc. equipment 
and services in U.S. telecommunications service pro-
vider networks, the Chinese Government’s potential 
access to U.S. business communications is dramati-
cally increasing. Chinese Government-supported tele-
communications equipment on U.S. networks may be 
exploited through Chinese cyber activity, with China’s 
intelligence services operating as an advanced per-
sistent threat to U.S. networks.’’. 
(7) The FBI further stated in its February 2015 
counterintelligence note that ‘‘China makes no secret 
that its cyber warfare strategy is predicated on con-
trolling global communications network infrastruc-
ture’’. 
(8) At a hearing before the Committee on Armed 
Services of the House of Representatives on September 
30, 2015, Deputy Secretary of Defense Robert Work, 
responding to a question about the use of Huawei 
telecommunications equipment, stated, ‘‘In the Office 
of the Secretary of Defense, absolutely not. And I 
know of no other—I don’t believe we operate in the 
Pentagon, any [Huawei] systems in the Pentagon.’’. 
(9) At that hearing, the Commander of the 
United States Cyber Command, Admiral Mike Rog-
ers, responding to a question about why such Huawei
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telecommunications equipment is not used, stated, 
‘‘As we look at supply chain and we look at potential 
vulnerabilities within the system, that it is a risk we 
felt was unacceptable.’’. 
(10) In March 2017, ZTE Corporation pled 
guilty to conspiring to violate the International 
Emergency Economic Powers Act by illegally ship-
ping U.S.-origin items to Iran, paying the United 
States Government a penalty of $892,360,064 for ac-
tivity between January 2010 and January 2016. 
(11) The Department of the Treasury’s Office of 
Foreign Assets Control issued a subpoena to Huawei 
as part of a Federal investigation of alleged violations 
of trade restrictions on Cuba, Iran, Sudan, and 
Syria. 
(12) In the bipartisan ‘‘Investigative Report on 
the United States National Security Issues Posed by 
Chinese Telecommunication Companies Huawei and 
ZTE’’ released in 2012 by the Permanent Select Com-
mittee on Intelligence of the House of Representatives, 
it was recommended that ‘‘U.S. government systems, 
particularly sensitive systems, should not include 
Huawei or ZTE equipment, including in component 
parts. Similarly, government contractors—particu-
larly those working on contracts for sensitive U.S.
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programs—should exclude ZTE or Huawei equipment 
in their systems.’’. 
(b) PROHIBITION ON USE OR PROCUREMENT.—The 
Secretary of Defense may not— 
(1) procure or obtain or extend or renew a con-
tract to procure or obtain any equipment, system, or 
service that uses covered telecommunications equip-
ment or services as a substantial or essential compo-
nent of any system, or as critical technology as part 
of any system; or 
(2) enter into a contract (or extend or renew a 
contract) with an entity that uses any equipment, 
system, or service that uses covered telecommuni-
cations equipment or services as a substantial or es-
sential component of any system, or as critical tech-
nology as part of any system. 
(c) EFFECTIVE DATES.—The prohibition under sub-
section (b)(1) shall take effect 180 days after the date of 
the enactment of this Act and the prohibition under sub-
section (b)(2) shall take effect three years after the date of 
the enactment of this Act. 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to— 
(1) prohibit the Secretary of Defense from pro-
curing with an entity to provide a service that con-
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† HR 5515 EAS 
nects to the facilities of a third-party, such as 
backhaul, roaming, or interconnection arrangements; 
or 
(2) cover telecommunications equipment that 
cannot route or redirect user data traffic or permit 
visibility into any user data or packets that such 
equipment transmits or otherwise handles 
(e) DEFINITIONS.—In this section: 
(1) COVERED
FOREIGN
COUNTRY.—The term 
‘‘covered foreign country’’ means the People’s Repub-
lic of China. 
(2) COVERED TELECOMMUNICATIONS EQUIPMENT 
OR
SERVICES.—The term ‘‘covered telecommuni-
cations equipment or services’’ means any of the fol-
lowing: 
(A) Telecommunications equipment pro-
duced by Huawei Technologies Company or ZTE 
Corporation (or any subsidiary or affiliate of 
such entities). 
(B) Telecommunications services provided 
by such entities or using such equipment. 
(C) Telecommunications equipment or serv-
ices produced or provided by an entity that the 
Secretary of Defense, in consultation with the 
Director of the National Intelligence or the Di-
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† HR 5515 EAS 
rector of the Federal Bureau of Investigation, 
reasonably believes to be an entity owned or con-
trolled by, or otherwise connected to, the govern-
ment of a covered foreign country. 
SEC. 892. LIMITATION ON USE OF FUNDS PENDING SUB-
MITTAL OF REPORT ON ARMY MARKETING 
AND ADVERTISING PROGRAM. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
the Army shall submit to the Committees on Armed 
Services of the Senate and House of Representatives 
a report on the recommendations contained in the 
audit of the Army Audit Agency of the Army’s Mar-
keting and Advertising Program concerning contract 
oversight and return on investment. 
(2) ELEMENTS.—The report required by para-
graph (1) shall address each of the following: 
(A) The mitigation and oversight measures 
implemented to assure improved program return 
and contract management, including the estab-
lishment of specific goals to measure long-term 
effects of investments in marketing efforts. 
(B) The establishment of a review process to 
regularly evaluate the effectiveness and efficiency
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of marketing efforts, including efforts to better 
support the accessions missions of the Army. 
(C) The increase of acquisition and mar-
keting experience within the Army Marketing 
and Research Group (in this section referred to 
as the ‘‘AMRG’’). 
(D) A workforce analysis of AMRG in co-
operation with the Office of Personnel Manage-
ment and industry experts assessing the AMRG 
organizational structure, staffing, and training, 
including an assessment of the workplace climate 
and culture internal to the AMRG. 
(E) The establishment of an Army Mar-
keting and Advisory Board comprised of senior 
Army and marketing and advertising leaders 
and an assessment of industry and service mar-
keting and advertising best practices, including 
a plan to incorporate relevant practices. 
(F) The status of the implementation of 
contracting practices recommended by the Army 
Audit Agency’s audit of contracting oversight of 
AMRG contained in Audit Report A–2018– 
0033–MTH. 
(b) LIMITATION ON USE OF FUNDS.—Not more than 
50 percent of the amounts authorized to be appropriated
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by this Act or otherwise made available for the AMRG for 
fiscal year 2019 for advertising and marketing activities 
may be obligated or expended until the Secretary of the 
Army submits the report required under subsection (a). 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 
90 days after the date of the submittal of the report required 
under subsection (a), the Comptroller General of the United 
States shall conduct a review of the results and implementa-
tion of the recommendations of the Army Audit Agency Au-
dits of the AMRG on contract oversight and return on in-
vestment. The review shall include an assessment of the ef-
fects of the implementation of the recommendations on the 
AMRG leadership, workforce, and business practices, and 
return on investment. 
SEC. 893. PERMANENT SBIR AND STTR AUTHORITY FOR 
THE DEPARTMENT OF DEFENSE. 
Section 9 of the Small Business Act (15 U.S.C. 638) 
is amended— 
(1) in subsection (m), by inserting ‘‘, except with 
respect to the Department of Defense’’ after ‘‘Sep-
tember 30, 2022’’; and 
(2) in subsection (n)(1)(A)— 
(A) by inserting ‘‘(or, with respect to the 
Department of Defense, any fiscal year)’’ after 
‘‘2022’’; and
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(B) by inserting ‘‘(or, with respect to the 
Department of Defense, for any fiscal year)’’ 
after ‘‘for that fiscal year’’. 
SEC. 894. PROCUREMENT OF TELECOMMUNICATIONS SUP-
PLIES FOR EXPERIMENTAL PURPOSES. 
Section 2373 of title 10, United States Code, is amend-
ed by inserting ‘‘telecommunications,’’ after ‘‘space flight,’’. 
SEC. 895. ACCESS BY DEVELOPMENTAL AND OPERATIONAL 
TESTING ACTIVITIES TO DATA REGARDING 
MODELING AND SIMULATION ACTIVITY. 
(a) IN GENERAL.—Section 139(e) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(4) The Director shall have prompt access to all data 
regarding modeling and simulation activity proposed to be 
used by military departments and defense agencies in sup-
port of operational or live fire test and evaluation of mili-
tary capabilities. This access shall include data associated 
with verification, validation, and accreditation activities.’’. 
(b) ADDITIONAL TESTING DATA.—Developmental Test 
and Evaluation activities under the leadership of the Under 
Secretary of Defense for Research and Engineering and the 
Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment shall have prompt access to all data regarding 
modeling and simulation activity proposed to be used by
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military departments and defense agencies in support of de-
velopmental test and evaluation of military capabilities. 
This access shall include data associated with verification, 
validation, and accreditation activities. 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Office of the Secretary 
of Defense and Related Matters 
SEC. 901. POWERS AND DUTIES OF THE UNDER SECRETARY 
OF DEFENSE FOR RESEARCH AND ENGINEER-
ING IN CONNECTION WITH PRIORITY EMERG-
ING TECHNOLOGIES. 
(a) IN GENERAL.—In carrying out duties under sec-
tion 133a of title 10, United States Code, in connection 
with the National Defense Strategy of the Department of 
Defense of 2018, the Under Secretary of Defense for Re-
search and Engineering shall have the authority to direct 
the Secretaries of the military departments, and the heads 
of all other elements of the Department of Defense with re-
gard to matters for which the Under Secretary has responsi-
bility, with respect to programs, projects, and activities in 
connection with technology areas given priority, including 
technology areas as follows: 
(1) Directed energy.
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(2) Hypersonics. 
(3) Artificial intelligence. 
(4) Future space satellite architectures. 
(b) DIRECTION OF SECRETARY OF DEFENSE.— 
(1) IN
GENERAL.—The Under Secretary shall 
carry out any powers and duties under this section 
under the authority, direction, and control of the Sec-
retary. 
(2) CONSTRUCTION OF AUTHORITY.—Nothing in 
this section may be construed as altering or revising 
the authority, direction, and control of the Under Sec-
retary by the Secretary of Defense and the Deputy 
Secretary of Defense. 
(c) SATELLITE ARCHITECTURES.— 
(1) NO
DIRECTIONAL
AUTHORITY
FOR
SPACE 
LAUNCH VEHICLES.—The authority in subsection (a) 
with respect to future space satellite architectures does 
not include the following: 
(A) Authority for space launch vehicles. 
(B) Authority for direction of the Evolved 
Expendable Launch Vehicle program, including 
any program, project, or activity relating to the 
Next Generation Launch System. 
(2) FINAL DECISIONAL AUTHORITY ON ARCHI-
TECTURES.—The Deputy Secretary of Defense shall
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have final decisional authority over any decision on 
future space satellite architecture under the authority 
in subsection (a). The Deputy Secretary shall exercise 
such final decisional authority in consultation with 
the Secretaries of the military departments. 
(d) COORDINATION.—In executing powers and duties 
under this section, the Under Secretary shall consult with 
appropriate officials of the military departments and the 
Defense Agencies in order to maximize support of effective 
and efficient execution of the National Defense Strategy re-
ferred to in subsection (a). 
(e) EXPIRATION.—The authority of the Under Sec-
retary under this section shall expire on the date that is 
one year after the date of the enactment of this Act. 
SEC. 902. REDESIGNATION AND MODIFICATION OF RESPON-
SIBILITIES OF UNDER SECRETARY OF DE-
FENSE FOR PERSONNEL AND READINESS. 
(a) REDESIGNATION
AND
RESPONSIBILITIES
AS 
UNDER SECRETARY OF DEFENSE FOR PERSONNEL.— 
(1) IN
GENERAL.—Section 136 of title 10, 
United States Code, is amended— 
(A) by striking ‘‘and Readiness’’ each place 
it appears; and 
(B) by striking subsection (d).
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(2) HEADING AMENDMENT.—The heading of such 
section is amended to read as follows: 
‘‘§ 136. Under Secretary of Defense for Personnel’’. 
(b) DESIGNATION AS CHIEF HUMAN CAPITAL OFFI-
CER.—Such section is further amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The Under Secretary is the Chief Human Capital 
Officer of the Department of Defense for purposes of chapter 
14 of title 5.’’. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 4 of such title is amended by strik-
ing the item relating to section 136 and inserting the fol-
lowing new item: 
‘‘136. Under Secretary of Defense for Personnel.’’. 
(d) OTHER CONFORMING AMENDMENTS.— 
(1) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is further amended as follows: 
(A) In section 131(b)(3), by striking sub-
paragraph (E) and inserting the following new 
subparagraph (E): 
‘‘(D) The Undersecretary of Defense for Per-
sonnel.’’. 
(B) In section 137(c), by striking ‘‘and 
Readiness’’.
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(2) EXECUTIVE SCHEDULE LEVEL III.—Section 
5314 of title 5, United States Code, is amended by 
striking the item relating to the Under Secretary of 
Defense for Personnel and Readiness and inserting 
the following new item: 
‘‘Under Secretary of Defense for Personnel.’’. 
(e) REFERENCES.—Any reference to the Under Sec-
retary of Defense for Personnel and Readiness in any law, 
regulation, map, document, record, or other paper of the 
United States shall be deemed to be a reference to the Under 
Secretary of Defense for Personnel. 
SEC. 903. MODIFICATION OF RESPONSIBILITIES OF THE 
UNDER SECRETARY OF DEFENSE FOR POL-
ICY. 
(a) IN GENERAL.—Paragraph (2) of section 134(b) of 
title 10, United States Code, is amended to read as follows: 
‘‘(2) The Under Secretary shall assist the Secretary of 
Defense in the following: 
‘‘(A) Preparing the National Defense Strategy, 
as required by section 113 of this title. 
‘‘(B) Preparing policy guidance for the prepara-
tion of campaign and contingency plans by the com-
manders of the combatant commands, and in review-
ing such plans.
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‘‘(C) Preparing policy guidance for the develop-
ment of the global force posture. 
‘‘(D) Preparing policy guidance to direct the for-
mulation of program and budget requests by the mili-
tary departments and other elements of the Depart-
ment of Defense, and reviewing such requests in the 
annual planning, programming, and budget process. 
‘‘(E) Developing planning scenarios that describe 
the present and future strategic and operational envi-
ronments by which to assess joint force capabilities 
and readiness. 
‘‘(F) Developing specific outcomes that the joint 
force should be ready to achieve and conducting as-
sessments of the readiness of the joint force to achieve 
such outcomes. 
‘‘(G) Devising specific criteria to direct reviews 
by the Director of Cost Assessment and Program 
Evaluation of the implementation of the capability 
and readiness priorities of the Secretary.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on February 1, 2019.
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SEC. 904. REPORT ON ALLOCATION OF FORMER RESPON-
SIBILITIES OF THE UNDER SECRETARY OF 
DEFENSE FOR ACQUISITION, TECHNOLOGY, 
AND LOGISTICS. 
Not later than March 1, 2019, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report setting 
forth the following: 
(1) A list of each provision of law, whether with-
in or outside title 10, United States Code, in force as 
of the date of the report that, as of that date, assigns 
a duty, responsibility, or other requirement to the 
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. 
(2) For each duty, responsibility, or other re-
quirement specified in a provision of law listed pur-
suant to paragraph (1), the allocation of such duty, 
responsibility, or requirement within the Department 
of Defense, including— 
(A) solely to the Under Secretary of Defense 
for Research and Engineering; 
(B) solely to the Under Secretary of Defense 
for Acquisition and Sustainment; 
(C) on a shared basis between the Under 
Secretary of Defense for Research and Engineer-
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ing and the Under Secretary of Defense for Ac-
quisition and Sustainment; 
(D) solely to another official or organiza-
tion of the Department; 
(E) on a shared basis between other officials 
and organizations of the Department; or 
(F) not allocated. 
SEC. 905. ASSISTANT SECRETARY OF DEFENSE FOR STRAT-
EGY, PLANS, ASSESSMENTS, READINESS, AND 
CAPABILITIES. 
(a) IN GENERAL.—Section 138(b) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(5)(A) One of the Assistant Secretaries is the Assist-
ant Secretary of Defense for Strategy, Plans, Assessments, 
Readiness and Capabilities. 
‘‘(B) The principal duty of the Assistant Secretary 
shall be to support the Secretary of Defense in developing 
the National Defense Strategy (as required by section 113 
of this title) and related policy guidance for the campaign 
and contingency plans, force development and defense pos-
ture priorities, and readiness objectives required to execute 
the Strategy. 
‘‘(C) Subject to the authority, direction, and control 
of the Secretary and the Under Secretary of Defense for Pol-
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icy, the Assistant Secretary shall be responsible for the fol-
lowing: 
‘‘(i) In matters relating to strategy and force 
planning, the following: 
‘‘(I) Supporting the Secretary and the 
Under Secretary in preparing the National De-
fense Strategy. 
‘‘(II) Producing policy guidance to direct 
the formulation of program and budget requests 
by the military departments and other elements 
of the Department, including the Defense Plan-
ning Guidance as required by section 113 of this 
title, and review such program and budget re-
quests. 
‘‘(III) Proposing alternative force sizes and 
structures, joint capabilities and concepts, and 
roles and missions for the armed forces to inform 
the development of annual program and budget 
requests. 
‘‘(ii) In matters relating to plans and force pos-
ture, the following: 
‘‘(I) Supporting the Secretary and the 
Under Secretary in producing policy guidance to 
inform the development of campaign and contin-
gency plans by the commanders of the combatant
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commands, including the Contingency Planning 
Guidance for Employment of the Force and the 
Global Defense Posture Report as required by 
section 113 of this title, and reviewing such 
plans. 
‘‘(II) Advising the Secretary and the Under 
Secretary on alternative concepts for the employ-
ment and posture of the joint force to align with 
the National Defense Strategy and other ap-
proved policy guidance of the Secretary. 
‘‘(iii) In matters relating to assessments, the fol-
lowing: 
‘‘(I) Developing planning scenarios that de-
scribe the present and future strategic and oper-
ational environments by which to assess joint 
force capabilities and readiness. 
‘‘(II) Producing detailed assessments at the 
strategic, campaign, and mission levels (includ-
ing through war games) to evaluate the present 
and future capability and readiness of the armed 
forces to conduct joint military campaigns or 
competitions that are prioritized in approved 
policy guidance of the Secretary. 
‘‘(III) Devising specific criteria to direct re-
views by the Director of Cost Assessment and
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Program Evaluation of the implementation of 
the capability and readiness priorities estab-
lished in approved policy guidance of the Sec-
retary. 
‘‘(iv) In matters relating to readiness, the fol-
lowing: 
‘‘(I) Describing the strategic, campaign, 
and mission outcomes that the joint force should 
be ready to achieve and by which joint force 
readiness will be assessed, in accordance with 
approved strategic guidance of the Secretary. 
‘‘(II) Conducting assessments of the readi-
ness of the joint force to perform the missions 
prioritized in the National Defense Strategy and 
other approved policy guidance of the Secretary, 
including through the observation of military 
training and exercises. 
‘‘(v) In matters relating to strategic capabilities, 
developing and supervising policy, program planning 
and execution, and allocation and use of resources for 
any strategic capabilities designated by the Under 
Secretary.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on February 1, 2019.
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SEC. 906. CLARIFICATION OF RESPONSIBILITIES AND DU-
TIES OF THE CHIEF INFORMATION OFFICER 
OF THE DEPARTMENT OF DEFENSE. 
Section 142(b)(1) of title 10, United States Code, is 
amended— 
(1) in subparagraph (A), by inserting ‘‘(other 
than with respect to business systems and manage-
ment)’’ after ‘‘sections 3506(a)(2)’’; 
(2) in subparagraph (B), by striking ‘‘section 
11315 of title 40’’ and inserting ‘‘sections 11315 and 
11319 of title 40 (other than with respect to business 
systems and management)’’; and 
(3) in subparagraph (C), by striking ‘‘sections 
2222, 2223(a), and 2224 of this title’’ and inserting 
‘‘sections 2223(a) (other than with respect to business 
systems and management) and 2224 of this title’’. 
SEC. 907. SPECIFICATION OF CERTAIN DUTIES OF THE DE-
FENSE TECHNICAL INFORMATION CENTER. 
(a) IN GENERAL.—In addition to any other duties 
specified for the Defense Technical Information Center by 
law, regulation, or Department of Defense directive or in-
struction, the duties of the Center shall include the fol-
lowing: 
(1) To execute the Global Research Watch Pro-
gram under section 2365 of title 10, United States 
Code.
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† HR 5515 EAS 
(2) To develop and maintain datasets and other 
data repositories on research and engineering activi-
ties being conducted within the Department. 
(b) ACTION PLAN.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a plan of action 
for the commencement by the Defense Technical Informa-
tion Center of the duties specified in subsection (a). 
SEC. 908. LIMITATION ON TERMINATION OF, AND TRANS-
FER OF FUNCTIONS, RESPONSIBILITIES, AND 
ACTIVITIES OF, THE STRATEGIC CAPABILI-
TIES OFFICE. 
(a) LIMITATION.—The Secretary of Defense may not 
terminate the Strategic Capabilities Office or transfer the 
functions or responsibilities of such office to another entity 
or organization until the Secretary— 
(1) certifies to the congressional defense commit-
tees that the key functions, responsibilities, and ac-
tivities of the office will be replicated and managed 
elsewhere after such office has been terminated or its 
functions, responsibilities, or activities have been 
transferred; 
(2) submits to the congressional defense commit-
tees—
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(A) a plan to replicate and manage such 
functions, responsibilities, and activities else-
where; and 
(B) if the Secretary decides that the Stra-
tegic Capabilities Office, or subsequent entity, 
should report to an official other than the Under 
Secretary for Research and Engineering, a jus-
tification for such decision. 
(b) KEY FUNCTIONS.—The key functions of the office 
referred to in subsection (a)(1) are the following: 
(1) Repurposing existing Government and com-
mercial systems for new technological advantage. 
(2) Developing novel concepts of operation that 
are lower cost, more effective, and more responsive to 
changing threats than traditional concepts of oper-
ation. 
(3) Developing joint systems and concepts of op-
erations to meet emerging threats and military re-
quirements based on partnerships with the military 
services and combatant commanders. 
(4) Developing prototypes and new concepts of 
operations that can inform the development of re-
quirements and the establishment of acquisition pro-
grams.
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(5) Such other functions as the Secretary con-
siders appropriate. 
SEC. 909. TECHNICAL CORRECTIONS TO DEPARTMENT OF 
DEFENSE 
TEST 
RESOURCE 
MANAGEMENT 
CENTER AUTHORITY. 
Section 196 of title 10, United States Code, is amended 
in subsections (c)(1)(B) and (g) by striking ‘‘Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics’’ and inserting ‘‘Under Secretary of Defense for Re-
search and Engineering’’. 
Subtitle B—Organization and Man-
agement of Other Department of 
Defense Offices and Elements 
SEC. 921. MODIFICATION OF CERTAIN RESPONSIBILITIES 
OF THE CHAIRMAN OF THE JOINT CHIEFS OF 
STAFF RELATING TO JOINT FORCE CONCEPT 
DEVELOPMENT. 
Subparagraph (D) of section 153(a)(6) of title 10, 
United States Code, is amended to read as follows: 
‘‘(D) formulating policies for development 
and experimentation on both urgent and long- 
term concepts for the joint employment of the 
armed forces, including establishment of a proc-
ess within the Joint Staff for—
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‘‘(i) analyzing and prioritizing gaps 
in capabilities that could potentially be ad-
dressed by joint concept development using 
existing or modified joint force capabilities; 
and 
‘‘(ii) ensuring that such joint concepts 
are tested, assessed and, if appropriate, 
fielded to support the joint force;’’. 
SEC. 922. ASSISTANT SECRETARY OF DEFENSE FOR SPE-
CIAL OPERATIONS AND LOW-INTENSITY CON-
FLICT REVIEW OF UNITED STATES SPECIAL 
OPERATIONS COMMAND. 
(a) REVIEW REQUIRED.—The Assistant Secretary of 
Defense for Special Operations and Low-Intensity Conflict 
shall, in coordination with the Commander of the United 
States Special Operations Command, conduct a comprehen-
sive review of the United States Special Operations Com-
mand for purposes of ensuring that the institutional and 
operational capabilities of special operations forces are ap-
propriate to counter anticipated future threats across the 
spectrum of conflict. 
(b) SCOPE OF REVIEW.—The review required by sub-
section (a) shall include, at a minimum, the following: 
(1) An assessment of the adequacy of special op-
erations forces doctrine, organization, training, mate-
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riel, education, personnel, and facilities to implement 
the 2018 National Defense Strategy, and rec-
ommendations, if any, for modifications for that pur-
pose. 
(2) An assessment of the roles and responsibil-
ities of special operations forces as assigned by law, 
Department of Defense guidance, or other formal des-
ignation and recommendations, if any, for additions 
to or divestitures of such roles or responsibilities. 
(3) An assessment of the adequacy of the proc-
esses through which the United States Special Oper-
ations Command evaluates and prioritizes the re-
quirements at the geographic combatant commands 
for special operations forces and special operations- 
unique capabilities and makes recommendations on 
the allocation of special operations forces and special 
operations-unique capabilities to meet such require-
ments, and recommendations, if any, for modifica-
tions of such processes. 
(4) Any other matters the Assistant Secretary 
considers appropriate. 
(c) DEADLINES.— 
(1) COMPLETION
OF
REVIEW.—The review re-
quired by subsection (a) shall be completed by not
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later than 270 days after the date of the enactment 
of this Act. 
(2) REPORT.—Not later than 30 days after com-
pletion of the review, the Assistant Secretary shall 
submit to the congressional defense committees a re-
port on the review, including the findings and any 
recommendations of the Assistant Secretary as a re-
sult of the review. 
SEC. 923. QUALIFICATIONS FOR APPOINTMENT AS DEPUTY 
CHIEF MANAGEMENT OFFICER OF A MILI-
TARY DEPARTMENT. 
(a) DEPARTMENT OF THE ARMY.—An individual may 
not be appointed as Deputy Chief Management Officer of 
the Department of the Army unless the individual— 
(1) has significant experience in business oper-
ations or management in the public sector; or 
(2) has significant experience managing an en-
terprise in the private sector. 
(b) DEPARTMENT OF THE NAVY.—An individual may 
not be appointed as Deputy Chief Management Officer of 
the Department of the Navy unless the individual— 
(1) has significant experience in business oper-
ations or management in the public sector; or 
(2) has significant experience managing an en-
terprise in the private sector.
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(c) DEPARTMENT OF THE AIR FORCE.—An individual 
may not be appointed as Deputy Chief Management Officer 
of the Department of the Air Force unless the individual— 
(1) has significant experience in business oper-
ations or management in the public sector; or 
(2) has significant experience managing an en-
terprise in the private sector. 
SEC. 924. EXPANSION OF PRINCIPAL DUTIES OF ASSISTANT 
SECRETARY OF THE NAVY FOR RESEARCH, 
DEVELOPMENT, AND ACQUISITION. 
Section 5016(b)(4)(A) of title 10, United States Code, 
is amended by striking ‘‘and acquisition matters’’ and in-
serting ‘‘acquisition, and sustainment (including mainte-
nance) matters’’. 
SEC. 925. CROSS-FUNCTIONAL TEAMS IN THE DEPARTMENT 
OF DEFENSE. 
(a) ESTABLISHMENT OF CERTAIN TEAMS.— 
(1) IN
GENERAL.—Among the cross-functional 
teams established by the Secretary of Defense pursu-
ant to subsection (c) of section 911 of the National 
Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note) 
in support of the organizational strategy for the De-
partment of Defense required by subsection (a) of that
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† HR 5515 EAS 
section, the Secretary shall establish a cross-functional 
team on each matter as follows: 
(A) Electronic warfare. 
(B) Personnel security. 
(C) Close combat lethality. 
(2) ESTABLISHMENT
AND
ACTIVITIES.—Each 
cross-functional team established pursuant to para-
graph (1) shall be established in accordance with sub-
section (c) of section 911 of the National Defense Au-
thorization Act for Fiscal Year 2017, and shall be 
governed in its activities in accordance with the pro-
visions of such subsection (c). 
(3) DEADLINE FOR ESTABLISHMENT.—The cross- 
functional teams required by paragraph (1) shall be 
established by not later than 90 days after the date 
of the enactment of this Act. 
(b) ADDITIONAL CROSS-FUNCTIONAL TEAMS MAT-
TERS.— 
(1) CRITERIA
FOR
DISTINGUISHING
AMONG 
CROSS-FUNCTIONAL TEAMS.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retary shall issue criteria that distinguish cross-func-
tional teams under section 911 of the National De-
fense Authorization Act for Fiscal Year 2017 from 
other types of cross-functional working groups, com-
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mittees, integrated product teams, and task forces of 
the Department. 
(2) PRIMARY RESPONSIBILITY FOR IMPLEMENTA-
TION OF TEAMS.—The Deputy Secretary of Defense 
shall establish or designate an office within the De-
partment that shall have primary responsibility for 
implementing section 911 of the National Defense Au-
thorization Act for Fiscal Year 2017. 
SEC. 926. DEADLINE FOR COMPLETION OF FULL IMPLEMEN-
TATION OF REQUIREMENTS IN CONNECTION 
WITH ORGANIZATION OF THE DEPARTMENT 
OF DEFENSE FOR MANAGEMENT OF SPECIAL 
OPERATIONS FORCES AND SPECIAL OPER-
ATIONS. 
The Secretary of Defense shall ensure that the imple-
mentation of section 922 of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2354) and the amendments made by that section is 
fully complete by not later than 90 days after the date of 
the enactment of this Act.
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Subtitle C—Organization and Man-
agement of the Department of 
Defense Generally 
SEC. 931. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MAJOR HEADQUARTERS ACTIVITIES OF THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 2 of title 10, United States 
Code, is amended by inserting after section 117 the fol-
lowing new section: 
‘‘§ 118. Major headquarters activities: limitation on 
funds available 
‘‘(a) OVERALL LIMITATION.—In any fiscal year after 
fiscal year 2020, the aggregate amount that may be obli-
gated and expended on major headquarters activities may 
not exceed an amount equal to 1.6 percent of the average 
amount authorized to be appropriated for the Department 
of Defense (including for overseas contingency operations) 
over the 10 fiscal years ending with the preceding fiscal 
year. 
‘‘(b) LIMITATIONS ON AVAILABILITY FOR PARTICULAR 
ACTIVITIES.—Within the amount available for a fiscal year 
pursuant to subsection (a), amounts shall be available as 
follows: 
‘‘(1) For the Office of the Secretary of Defense, 
not more than an amount equal to 0.4 percent of the
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† HR 5515 EAS 
average amount authorized to be appropriated for the 
Department of Defense (including for overseas contin-
gency operations) over the 10 fiscal years ending with 
the preceding fiscal year. 
‘‘(2) For the major headquarters activities of a 
military department, not more than an amount equal 
to 1 percent of the average amount authorized to be 
appropriated for the Department of Defense (includ-
ing for overseas contingency operations) for such mili-
tary department over the 10 fiscal years ending with 
the preceding fiscal year. 
‘‘(c) DISTRIBUTION
OF
REMAINING
FUNDS.—Any 
funds available in a fiscal year for major headquarters ac-
tivities under subsection (a) after the operation of sub-
section (b) in connection with such fiscal year may be dis-
tributed for availability by the Secretary of Defense among 
any major headquarters activities other than the Office of 
the Secretary of Defense. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major headquarters activities’ has 
the meaning given the term ‘major Department of De-
fense headquarters activities’ in section 346(b)(3) of 
the National Defense Authorization Act for Fiscal 
Year 2016 (10 U.S.C. 111 note).
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‘‘(2) The term ‘major headquarters activities of 
a military department’ means the following: 
‘‘(A) In the case of the Army, the Office of 
the Secretary of the Army and the Army Staff. 
‘‘(B) In the case of the Navy, the Office of 
the Secretary of the Navy, the Office of the Chief 
of Naval Operations, and Headquarters, Marine 
Corps. 
‘‘(C) In the case of the Air Force, the Office 
of the Secretary of the Air Force and the Air 
Staff. 
‘‘(3) The term ‘Office of the Secretary of Defense’ 
includes the Joint Staff.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 2 of such title is amended by in-
serting after the item relating to section 117 the following 
new item: 
‘‘118. Major headquarters activities: limitation on funds available.’’. 
SEC. 932. RESPONSIBILITY FOR POLICY ON CIVILIAN CAS-
UALTY MATTERS. 
(a) DESIGNATION OF SENIOR CIVILIAN OFFICIAL.— 
Not later than 90 days after the date of the enactment of 
this Act, the Under Secretary of Defense for Policy shall 
designate a senior civilian official of the Department of De-
fense at or above the level of Assistant Secretary of Defense 
to develop, coordinate, and oversee compliance with the pol-
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icy of the Department relating to civilian casualties result-
ing from United States military operations. 
(b) RESPONSIBILITIES.—The senior civilian official 
designated under subsection (a) shall ensure that the policy 
referred to in that subsection provides for— 
(1) uniform processes and standards across the 
combatant commands for accurately recording kinetic 
strikes by the United States military; 
(2) the development and dissemination of best 
practices for reducing the likelihood of civilian cas-
ualties from United States military operations; 
(3) the development of a publicly available Inter-
net portal for the submittal of allegations of civilian 
casualties resulting from United States military oper-
ations; 
(4) uniform processes and standards across the 
combatant commands for reviewing and investigating 
allegations of civilian casualties resulting from 
United States military operations, including the con-
sideration of relevant information from all available 
sources; 
(5) uniform processes and standards across the 
combatant commands for— 
(A) acknowledging the responsibility of the 
United States military for civilian casualties re-
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† HR 5515 EAS 
sulting from United States military operations; 
and 
(B) offering ex gratia payments to civilians 
who have been injured, or to the families of civil-
ians killed, as a result of United States military 
operations, as determined to be necessary by the 
designated senior civilian official; 
(6) regular engagement with relevant intergov-
ernmental and nongovernmental organizations; and 
(7) public affairs guidance with respect to mat-
ters relating to civilian casualties alleged or con-
firmed to have resulted from United States military 
operations; and 
(8) such other matters with respect to civilian 
casualties resulting from United States military oper-
ations as the designated senior civilian official con-
siders appropriate. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the senior civilian official des-
ignated under subsection (a) shall submit to the congres-
sional defense committees a report that describes— 
(1) the policy developed by the senior civilian of-
ficial under that subsection; and 
(2) the efforts of the Department to implement 
such policy.
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SEC. 933. ADDITIONAL MATTERS IN CONNECTION WITH 
BACKGROUND 
AND 
SECURITY 
INVESTIGA-
TIONS FOR DEPARTMENT OF DEFENSE PER-
SONNEL. 
(a) ADDITIONAL MATTER FOR ANNUAL REPORTS.— 
Subsection (k)(3) of section 925 of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 115–91) 
is amended— 
(1) by redesignating subparagraphs (H) through 
(L) as subparagraphs (I) through (M), respectively; 
and 
(2) by inserting after subparagraph (G) the fol-
lowing new subparagraph (H): 
‘‘(H) The number of denials or revocations 
of a security clearance by each authorized adju-
dicative agency that occurred separately from a 
periodic reinvestigation.’’. 
(b) SENSE OF CONGRESS.—Such section is further 
amended— 
(1) by redesignating subsection (l) as subsection 
(m); and 
(2) by inserting after subsection (k) the following 
new subsection (l): 
‘‘(l) SENSE OF CONGRESS.—It is the sense of Congress 
that—
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‘‘(1) personnel security investigations, and con-
tinuous evaluation, form an integral part of the secu-
rity posture of the Department of Defense; and 
‘‘(2) to the extent practicable, the Department 
should coordinate with the security executive agent to 
ensure that the results of adjudication decisions, ei-
ther within initial investigations or reinvestigations, 
are communicated in a transparent manner to ensure 
public trust in the adjudication process.’’. 
SEC. 934. PROGRAM OF EXPEDITED SECURITY CLEARANCES 
FOR MISSION-CRITICAL POSITIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Security Executive 
Agent shall establish a program for the expedited processing 
of security clearances for mission-critical positions, fulfilled 
by either Government or contract employees. Under such 
program, the Security Executive Agent shall complete the 
processing of applications for security clearances— 
(1) at the secret level in 15 or fewer days; and 
(2) at the top secret level in 45 days or fewer. 
(b) SECURITY EXECUTIVE AGENT.—In this section, the 
term ‘‘Security Executive Agent’’ means the Director of Na-
tional Intelligence acting as the Security Executive Agent 
in accordance with Executive Order 13467 (73 Fed. Reg. 
38103; 50 U.S.C. 3161 note).
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SEC. 935. INFORMATION SHARING PROGRAM FOR POSI-
TIONS OF TRUST. 
(a) PROGRAM REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Security Ex-
ecutive Agent shall establish a program to share between 
and among Federal Government agencies and industry 
partners of the Federal Government information regarding 
individuals applying for and in positions of trust, includ-
ing derogatory and suitability information. 
(b) PRIVACY SAFEGUARDS.—The Security Executive 
Agent shall ensure that the program required by subsection 
(a) includes such safeguards for privacy as the Security Ex-
ecutive Agent considers appropriate. 
(c) PROVISION
OF INFORMATION
TO
THE PRIVATE 
SECTOR.—The Security Executive Agent shall ensure that 
under the program required by subsection (a) sufficient in-
formation is provided to the private sector so that employers 
in the private sector can make informed decisions about hir-
ing and retention in positions of trust, while safeguarding 
personnel privacy. 
(d) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Security Ex-
ecutive Agent shall submit to Congress a plan for the 
implementation of the program required by subsection 
(a).
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(2) CONTENTS.—The plan required by para-
graph (1) shall include the following: 
(A) Matters that address privacy, security, 
and human resources processes. 
(B) Such recommendations as the Security 
Executive Agent may have for legislative or ad-
ministrative action to carry out or improve the 
program. 
(e) SECURITY EXECUTIVE AGENT.—In this section, the 
term ‘‘Security Executive Agent’’ means the Director of Na-
tional Intelligence acting as the Security Executive Agent 
in accordance with Executive Order 13467 (73 Fed. Reg. 
38103; 50 U.S.C. 3161 note). 
SEC. 936. REPORT ON CLEARANCE IN PERSON CONCEPT. 
(a) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Security Executive 
Agent shall submit to congressional defense and intelligence 
committees a report on the requirements, feasibility, and 
advisability of implementing a clearance in person concept 
as described in subsection (b) for maintaining access to 
classified information. 
(b) CLEARANCE IN PERSON CONCEPT.— 
(1) IN GENERAL.—Implementation of a clear-
ance in person concept as described in this subsection 
would permit an individual who has been granted a
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† HR 5515 EAS 
national security clearance to maintain eligibility for 
access to classified information, networks, and facili-
ties after the individual has separated from service to 
the Federal Government or transferred to a position 
that no longer requires access to classified informa-
tion. 
(2) RECOGNITION AS CURRENT.—The concept de-
scribed in paragraph (1) would also ensure that, un-
less otherwise directed by the Security Executive 
Agent, the individual’s security clearance would be 
recognized as current, regardless of employment sta-
tus, with no further need for investigation or re-
validation until the individual obtains a position re-
quiring access to classified information. 
(c) CONTENTS.—The report required by subsection (a) 
shall address the following: 
(1) Requirements for continuous vetting. 
(2) Appropriate safeguards for privacy. 
(3) An appropriate funding model. 
(4) Fairness to small business concerns and 
independent contractors. 
(d) SECURITY EXECUTIVE AGENT.—In this section, the 
term ‘‘Security Executive Agent’’ means the Director of Na-
tional Intelligence acting as the Security Executive Agent
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† HR 5515 EAS 
in accordance with Executive Order 13467 (73 Fed. Reg. 
38103; 50 U.S.C. 3161 note). 
SEC. 937. STRATEGIC DEFENSE FELLOWS PROGRAM. 
(a) FELLOWSHIP PROGRAM.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense shall establish within the Department of De-
fense a civilian fellowship program designed to pro-
vide leadership development and the commencement of 
a career track toward senior leadership in the Depart-
ment. 
(2) DESIGNATION.—The fellowship program shall 
be known as the ‘‘Strategic Defense Fellows Program’’ 
(in this section referred to as the ‘‘fellows program’’). 
(b) ELIGIBILITY.—An individual is eligible for par-
ticipation in the fellows program if the individual— 
(1) is a citizen of the United States or a lawful 
permanent resident of the United States in the year 
in which the individual applies for participation in 
the fellows program; and 
(2) either— 
(A) possesses a graduate degree from an ac-
credited institution of higher education in the 
United States that was awarded not later than
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† HR 5515 EAS 
two years before the date of the acceptance of the 
individual into the fellows program; or 
(B) will be awarded a graduate degree from 
an accredited institution of higher education in 
the United States not later than six months after 
the date of the acceptance of the individual into 
the fellows program. 
(c) APPLICATION.— 
(1) APPLICATION REQUIRED.—Each individual 
seeking to participate in the fellows program shall 
submit to the Secretary an application therefor at 
such time and in such manner as the Secretary shall 
specify. 
(2) ELEMENTS.—Each application of an indi-
vidual under this subsection shall include the fol-
lowing: 
(A) Transcripts of educational achievement 
at the undergraduate and graduate level. 
(B) A resume. 
(C) Proof of citizenship or lawful perma-
nent residence. 
(D) An endorsement from the applicant’s 
graduate institution of higher education. 
(E) An academic writing sample.
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(F) Letters of recommendation addressing 
the applicant’s character, academic ability, and 
any extracurricular activities. 
(G) A personal statement by the applicant 
explaining career areas of interest and motiva-
tions for service in the Department. 
(H) Such other information as the Sec-
retary considers appropriate. 
(d) SELECTION.— 
(1) IN GENERAL.—Each year, the Secretary shall 
select participants in the fellows program from among 
applicants for the fellows program for such year who 
qualify for participation in the fellows program based 
on character, commitment to public service, academic 
achievement, extracurricular activities, and such 
other qualifications for participation in the fellows 
program as the Secretary considers appropriate. 
(2) NUMBER.—The number of individuals se-
lected to participate in the fellows program in any 
year may not exceed the numbers as follows: 
(A) Ten individuals from each geographic 
region of the United States as follows: 
(i) The Northeast. 
(ii) The Southeast. 
(iii) The Midwest.
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† HR 5515 EAS 
(iv) The Southwest. 
(v) The West. 
(B) Ten additional individuals. 
(3) BACKGROUND
INVESTIGATION.—An indi-
vidual selected to participate in the fellows program 
may not participate in the program unless the indi-
vidual successfully undergoes a background investiga-
tion applicable to the position to which the individual 
will be assigned under the fellows program and other-
wise meets such requirements applicable to assign-
ment to a sensitive position within the Department 
that the Secretary considers appropriate. 
(e) ASSIGNMENT.— 
(1) IN GENERAL.—Each individual who partici-
pates in the fellows program shall be assigned to a po-
sition in the Office of the Secretary of Defense. 
(2) POSITION
REQUIREMENTS.—Each Under 
Secretary of Defense and each Director of a Defense 
Agency who reports directly to the Secretary shall 
submit to the Secretary each year the qualifications 
and skills to be demonstrated by participants in the 
fellows program to qualify for assignment under this 
subsection for service in a position of the office of such 
Under Secretary or Director.
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† HR 5515 EAS 
(3) ASSIGNMENT TO POSITIONS.—The Secretary 
shall each year assign participants in the fellows pro-
gram to positions in the offices of the Under Secre-
taries and Directors described in paragraph (2). In 
making such assignments, the Secretary shall seek to 
best match the qualifications and skills of partici-
pants in the fellows program with the requirements of 
positions available for assignment. Each participant 
so assigned shall serve as a special assistant to the 
Under Secretary or Director to whom assigned. 
(4) TERM.—The term of each assignment under 
the fellows program shall be one year. 
(5) PAY AND BENEFITS.—An individual assigned 
to a position under the fellows program shall be com-
pensated at the rate of compensation for employees at 
level GS–10 of the General Schedule, and shall be 
treated as an employee of the United States during 
the term of assignment, including for purposes of eli-
gibility for health care benefits and retirement bene-
fits available to employees of the United States. 
(6) EDUCATION LOAN REPAYMENT.—To the ex-
tent that funds are provided in advance in appro-
priations Acts, the Secretary may repay any loan of 
a participant in the fellows program if the loan is de-
scribed by subparagraph (A), (B), or (C) of section
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† HR 5515 EAS 
16301(a)(1) of title 10, United States Code. Any re-
payment of loans under this paragraph shall be on a 
first-come, first-served basis. 
(f) CAREER DEVELOPMENT.— 
(1) IN
GENERAL.—The Secretary shall ensure 
that participants in the fellows program— 
(A) receive opportunities and support ap-
propriate for the commencement of a career track 
within the Department leading toward a future 
position of senior leadership within the Depart-
ment, including ongoing mentorship support 
through appropriate personnel from entities 
within the Department such as the Defense Busi-
ness Board and the Defense Innovation Board; 
and 
(B) are provided appropriate opportunities 
for employment and advancement within the De-
partment upon successful completion of the fel-
lows program. 
(2) RESERVATION OF POSITIONS.—In carrying 
out paragraph (1)(B), the Secretary shall reserve for 
participants who successfully complete the fellows pro-
gram not fewer than 30 positions in the excepted serv-
ice within the Department that are suitable for the 
commencement of a career track toward senior leader-
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† HR 5515 EAS 
ship within the Department. Any position so reserved 
shall not be subject to or covered by any reduction in 
headquarters personnel required under any other pro-
vision of law. 
(3) NONCOMPETITIVE APPOINTMENT.—Upon the 
successful completion of the assignment of a partici-
pant in the fellows program in a position pursuant 
to subsection (e), the Secretary may, without regard 
to the provisions of subchapter I of chapter 33 of title 
5, United States Code, appoint the participant to a 
position reserved pursuant to paragraph (2) if the 
Secretary determines that such appointment will con-
tribute to the development of highly qualified future 
senior leaders for the Department. 
(4) PUBLICATION OF SELECTION.—The Secretary 
shall publish on an Internet website of the Depart-
ment available to the public the names of the individ-
uals selected to participate in the fellows program. 
(g) OUTREACH.—The Secretary shall undertake appro-
priate outreach to inform potential participants in the fel-
lows program of the nature and benefits of participation 
in the fellows program. 
(h) REGULATIONS.—The Secretary shall carry out this 
section in accordance with such regulations as the Secretary 
may prescribe for purposes of this section.
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† HR 5515 EAS 
(i) FUNDING.—Of the amounts authorized to be appro-
priated for each fiscal year for the Department of Defense 
for operation and maintenance, Defense-wide, $10,000,000 
may be available to carry out the fellows program in such 
fiscal year. 
Subtitle D—Other Matters 
SEC. 941. ANALYSIS OF DEPARTMENT OF DEFENSE BUSI-
NESS 
MANAGEMENT 
AND 
OPERATIONS 
DATASETS TO PROMOTE SAVINGS AND EFFI-
CIENCIES. 
(a) IN GENERAL.—The Chief Management Officer of 
the Department of Defense shall develop a policy on anal-
ysis of Department of Defense datasets on business manage-
ment and business operations by the public for purposes 
of accessing data analysis capabilities that would promote 
savings and efficiencies and otherwise enhance the utility 
of such datasets to the Department. 
(b) INITIAL DISCHARGE OF POLICY.— 
(1) IN GENERAL.—The Chief Management Offi-
cer shall commence the discharge of the policy re-
quired pursuant to subsection (a) by— 
(A) identifying one or more matters— 
(i) that are of significance to the De-
partment of Defense; 
(ii) that are currently unresolved; and
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† HR 5515 EAS 
(iii) whose resolution from a business 
management or business operations dataset 
of the Department could benefit from a 
method or technique of analysis not cur-
rently familiar to the Department; 
(B) identifying between three and five busi-
ness management or business operations datasets 
of the Department not currently available to the 
public whose evaluation could result in novel 
data analysis solutions toward management or 
operations problems of the Department identified 
by the Chief Management Officer; and 
(C) encouraging, whether by competition or 
other mechanisms, the evaluation of the datasets 
described in subparagraph (B) by appropriate 
persons and entities in the public or private sec-
tor (including academia). 
(2) PROTECTION OF SECURITY AND CONFIDEN-
TIALITY.—In providing for the evaluation of datasets 
pursuant to this subsection, the Chief Management 
Officer shall take appropriate actions to protect the 
security and confidentiality of any information con-
tained in the dataset, including through special pre-
cautions to ensure that any personally identifiable in-
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† HR 5515 EAS 
formation is not included and no release of informa-
tion will adversely affect national security missions. 
SEC. 942. RESEARCH AND DEVELOPMENT TO ADVANCE CA-
PABILITIES OF THE DEPARTMENT OF DE-
FENSE 
IN 
DATA 
INTEGRATION 
AND 
AD-
VANCED ANALYTICS IN CONNECTION WITH 
PERSONNEL SECURITY. 
(a) PLAN REQUIRED.—The Under Secretary of De-
fense for Intelligence shall develop a plan on research and 
development activities to advance the capabilities of the De-
partment of Defense in data integration and advanced ana-
lytics in connection with personnel security activities of the 
Department. The plan shall, to the extent practicable, pro-
vide for the leveraging of the capabilities of other govern-
ment entities, institutions of higher education, and private 
sector entities with advanced, leading-edge expertise in data 
integration and analytics applicable to the challenges faced 
by the Department in connection with personnel security. 
(b) COORDINATION.—Any activities under the plan 
may be carried out in coordination with the Defense Digital 
Service and the Defense Innovation Board. 
(c) BRIEFING.—Not later than 180 days after the date 
of the enactment of this Act, the Under Secretary shall pro-
vide to the appropriate committees of Congress a briefing 
on the plan.
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† HR 5515 EAS 
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Select Committee 
on Intelligence of the Senate; and 
(2) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Permanent Select 
Committee on Intelligence of the House of Representa-
tives. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2019 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred.
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† HR 5515 EAS 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that the 
Secretary may transfer under the authority of this 
section may not exceed $4,500,000,000. 
(3) EXCEPTION FOR TRANSFERS BETWEEN MILI-
TARY
PERSONNEL
AUTHORIZATIONS.—A transfer of 
funds between military personnel authorizations 
under title IV shall not be counted toward the dollar 
limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by sub-
section (a) to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a).
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† HR 5515 EAS 
SEC. 1002. INCLUSION OF FUNDS FOR AIR FORCE PASS- 
THROUGH ITEMS IN DEFENSE-WIDE BUDGET 
FOR THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—In any budget of the President sub-
mitted to Congress pursuant to section 1105(a) of title 31, 
United States Code, for a fiscal year after fiscal year 2019, 
any funds for an Air Force pass-through item shall be re-
quested in the Defense-wide budget of the Department of De-
fense rather than the budget of the Air Force. 
(b) AIR FORCE PASS-THROUGH ITEM DEFINED.—In 
this section, the term ‘‘Air Force pass-through item’’ means 
a program, project, or activity for which— 
(1) funds would otherwise be requested for the 
Air Force; and 
(2) funds made available for execution will be ex-
ecuted by another department, agency, or element of 
the Department of Defense. 
SEC. 1003. REPORT ON SHIFT IN REQUESTS FOR FUNDS 
FOR DEPARTMENT OF DEFENSE ACTIVITIES 
FROM FUNDS FOR OVERSEAS CONTINGENCY 
OPERATIONS TO FUNDS THROUGH THE BASE 
BUDGET. 
(a) REPORT REQUIRED.—Not later than 14 days after 
the submittal to Congress of the budget of the President for 
fiscal year 2020 pursuant to section 1105 of title 31, United 
States Code, the Under Secretary of Defense (Comptroller)
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† HR 5515 EAS 
shall submit to the congressional defense committees a re-
port on any shift during fiscal year 2020 from requests for 
funds for Department of Defense activities for overseas con-
tingency operations to requests for funds for such activities 
for the Department generally (commonly referred to as the 
‘‘base budget’’). 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of the assumptions used by the 
Department of Defense and the Armed Forces in de-
termining the programs, projects, and activities for 
which funds were requested for fiscal year 2019 for 
overseas contingency operations for which funds are 
requested for fiscal year 2020 for the Department gen-
erally, including any changes to the criteria for over-
seas contingency operations funding requests issued in 
2010 and used by the Office of Management and 
Budget in identifying the programs, projects, and ac-
tivities for which funds are so requested for fiscal year 
2020. 
(2) The programs, projects, and activities of the 
Department for which funds were requested for fiscal 
year 2019 for overseas contingency operations that 
are requested in the budget for fiscal year 2020 to be 
funded for the Department generally, and the amount
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† HR 5515 EAS 
for such programs, projects, and activities, set forth at 
the level of detail as follows: 
(A) For procurement, by line item. 
(B) For research, development, test, and 
evaluation, by program element (PE) number. 
(C) For operation and maintenance, by sub- 
activity group (SAG). 
(D) For military personnel, by sub-activity 
group. 
(E) For revolving and management funds, 
by sub-activity group. 
(F) For military construction, by project. 
SEC. 1004. RANKING OF AUDITABILITY OF FINANCIAL 
STATEMENTS OF THE ORGANIZATIONS AND 
ELEMENTS OF THE DEPARTMENT OF DE-
FENSE. 
(a) REPORT ON RANKING.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall, in coordination with the Under Secretary 
of Defense (Comptroller), submit to the congressional defense 
committees a report setting forth a ranking of the 
auditability of the financial statements of the departments, 
agencies, organizations, and elements of the Department of 
Defense according to the progress made toward achieving 
auditability as required by law.
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† HR 5515 EAS 
(b) CRITERIA FOR RANKING.—The criteria to be used 
for ranking for purposes of the report under this section 
shall be— 
(1) the criteria developed by the Under Secretary 
pursuant to section 1104 of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 
115–91) for a similar report under that section; 
(2) other criteria developed by the Under Sec-
retary for purposes of the report under this section; 
or 
(3) a combination of the criteria described in 
paragraphs (1) and (2). 
(c) CONSTRUCTION.—The report required by this sec-
tion is in addition to the report required by section 1104 
of the National Defense Authorization Act for Fiscal Year 
2018. 
SEC. 1005. TRANSPARENCY OF ACCOUNTING FIRMS USED 
TO 
SUPPORT 
DEPARTMENT 
OF 
DEFENSE 
AUDIT. 
The Secretary of Defense shall require any accounting 
firm under contract or under consideration for a contract 
or for the renewal of an existing contract with the Depart-
ment of Defense in support of the audit required under sec-
tion 3521 of title 31, United States Code, to provide a state-
ment setting forth the details of any disciplinary pro-
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† HR 5515 EAS 
ceedings with respect to the accounting firm or its associ-
ated persons before any entity with the authority to enforce 
compliance with rules or laws applying to audit services 
offered by accounting firms. 
Subtitle B—Naval Vessels and 
Shipyards 
SEC. 1011. DATE OF LISTING OF VESSELS AS BATTLE FORCE 
SHIPS IN THE NAVAL VESSEL REGISTER AND 
OTHER FLEET INVENTORY MEASURES. 
(a) IN GENERAL.—Section 7301 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) LISTING AS BATTLE FORCE SHIP IN NAVAL VES-
SEL REGISTER.—A covered vessel may not be listed in the 
Naval Vessel Register or other fleet inventory measures as 
a battle force ship until the delivery date specified in sub-
section (a).’’. 
(b) DEFINITIONS.—Such section is further amended by 
striking subsection (d), as redesignated by subsection (a)(1) 
of this section, and inserting the following new subsection: 
‘‘(d) DEFINITIONS.—In this section:
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† HR 5515 EAS 
‘‘(1) The term ‘covered vessel’ means any vessel 
of the Navy that is under construction or constructed 
using amounts authorized to be appropriated for the 
Department of Defense for shipbuilding and conver-
sion, Navy. 
‘‘(2) The term ‘battle force ship’ means the fol-
lowing: 
‘‘(A) A commissioned United States Ship 
warship capable of contributing to combat oper-
ations. 
‘‘(B) A United States Naval Ship that con-
tributes directly to Navy warfighting or support 
missions.’’. 
SEC. 1012. ANNUAL REPORTS ON EXAMINATION OF NAVY 
VESSELS. 
Section 7304 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(d) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than March 1 each 
year, the board designated under subsection (a) shall 
submit to the congressional defense committees a re-
port setting forth the following: 
‘‘(A) An overall narrative summary of the 
material readiness of Navy ships as compared to 
established material requirements standards.
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† HR 5515 EAS 
‘‘(B) The overall number and types of ves-
sels inspected during the preceding fiscal year. 
‘‘(C) For in-service vessels, material readi-
ness trends by inspected functional area as com-
pared to the previous five years. 
‘‘(2) FORM.—Each report under this subsection 
shall be submitted in an unclassified form that is re-
leasable to the public without further redaction. 
‘‘(3) TERMINATION.—No report shall be required 
under this subsection after October 1, 2021.’’. 
SEC. 1013. LIMITATION ON DURATION OF HOMEPORTING 
OF CERTAIN VESSELS IN FOREIGN LOCA-
TIONS. 
(a) LIMITATION.— 
(1) IN
GENERAL.—Chapter 633 of title 10, 
United States Code, is amended by inserting after sec-
tion 7310 the following new section: 
‘‘§ 7310a. Homeporting of certain vessels in overseas 
locations: limitation on duration 
‘‘(a) IN GENERAL.—A vessel specified in subsection (b) 
that is listed in the Naval Vessel Register may not be 
homeported in a location other than in the United States 
or Guam for a period of more than 10 consecutive years. 
‘‘(b) SPECIFIED VESSELS.—The vessels specified in 
this subsection are the following:
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† HR 5515 EAS 
‘‘(1) Aircraft carrier. 
‘‘(2) Amphibious ship. 
‘‘(3) Cruiser. 
‘‘(4) Destroyer. 
‘‘(5) Frigate. 
‘‘(c) WAIVER.— 
‘‘(1) IN GENERAL.—The Chief of Naval Oper-
ations may waive the applicability of subsection (a) 
to a ship. 
‘‘(2) 
EFFECTIVENESS
CONTINGENT
ON
RE-
PORT.—A waiver under paragraph (1) with respect to 
a ship shall go into effect on the date on which the 
Chief of Naval Operations submits to the congres-
sional defense committees a report on the waiver set-
ting forth the following: 
‘‘(A) The ship covered by the waiver. 
‘‘(B) The duration of the waiver for such 
ship 
‘‘(C) The justification of the Chief of Naval 
Operations for the waiver.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 633 of such title is 
amended by inserting after the item relating to sec-
tion 7310 the following new item: 
‘‘7310a. Homeporting of certain vessels in overseas locations: limitation on dura-
tion.’’.
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(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2020, and shall apply 
with respect to the homeporting of vessels after that date, 
regardless of whether the continuous period of homeporting 
concerned commenced before that date. 
SEC. 1014. SPECIFIC AUTHORIZATION REQUIREMENT FOR 
NUCLEAR REFUELING OF AIRCRAFT CAR-
RIERS. 
(a) IN GENERAL.—Chapter 633 of title 10, United 
States Code, is amended by inserting after section 7314 the 
following new section: 
‘‘§ 7314a. Nuclear refueling of aircraft carriers: spe-
cific authorization required 
‘‘Funds may not be obligated or expended for the pro-
curement of a naval nuclear reactor power unit or associ-
ated reactor components for the nuclear refueling of an air-
craft carrier unless such refueling is specifically authorized, 
by ship name and hull number, by statute.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 633 of such title is amended by 
inserting after the item relating to section 7314 the fol-
lowing new item: 
‘‘7314a. Nuclear refueling of aircraft carriers: specific authorization required.’’.
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SEC. 1015. DISMANTLEMENT AND DISPOSAL OF NUCLEAR- 
POWERED AIRCRAFT CARRIERS. 
(a) IN GENERAL.—Chapter 633 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 7320. Nuclear-powered aircraft carriers: dismantle-
ment and disposal 
‘‘(a) IN GENERAL.—Not less than 90 days before the 
award of a contract for the dismantlement and disposal of 
a nuclear-powered aircraft carrier, or the provision of funds 
to a naval shipyard for the dismantlement and disposal of 
a nuclear-powered aircraft carrier, the Secretary of the 
Navy shall submit to the congressional defense committees 
a report setting forth the following: 
‘‘(1) A cost and schedule baseline for the dis-
mantlement and disposal approved by the service ac-
quisition executive of the Department of the Navy and 
the Chief of Naval Operations. 
‘‘(2) An independent cost estimate of the dis-
mantlement and disposal prepared by the Office of 
Cost Analysis and Program Evaluation. 
‘‘(3) A description of the regulatory framework 
applicable to the management of radioactive mate-
rials in connection with the dismantlement and dis-
posal, including, in cases in which the Navy intends
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to have another government entity serve as the regu-
latory enforcement authority— 
‘‘(A) a certification from that entity of its 
agreement to serve as the regulatory enforcement 
authority; and 
‘‘(B) a description of the legal basis for the 
authority of that entity to serve as the regulatory 
enforcement authority. 
‘‘(b) SUPPLEMENTAL
INFORMATION
WITH
BUDG-
ETS.—In the materials submitted to Congress by the Sec-
retary of Defense in support of the budget of the President 
for a fiscal year (as submitted to Congress under section 
1105(a) of title 31), the Secretary of the Navy shall include 
information on each dismantlement and disposal of a nu-
clear-powered aircraft carrier occurring or planned to occur 
during the period of the future-years defense program sub-
mitted to Congress with that budget. Such information shall 
include, by ship concerned, the following: 
‘‘(1) A summary of activities and significant de-
velopments in connection with such dismantlement 
and disposal. 
‘‘(2) If applicable, a detailed description of cost 
and schedule performance against the baseline for 
such dismantlement and disposal established pursuant
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to subsection (a), including a description of and ex-
planation for any variance from such baseline. 
‘‘(3) A description of the amounts requested, or 
intended or estimated to be requested, for such dis-
mantlement and disposal for each of the following: 
‘‘(A) Each fiscal year covered by the future- 
years defense program. 
‘‘(B) Any fiscal years before the fiscal years 
covered by the future-years defense program. 
‘‘(C) Any fiscal years after the end of the 
period of the future-years defense program. 
‘‘(c) FUTURE-YEARS DEFENSE PROGRAM DEFINED.— 
In this section, the term ‘future-years defense program’ 
means the future-years defense program required by section 
221 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 633 of such title is amended by 
adding at the end the following new item: 
‘‘7320. Nuclear-powered aircraft carriers; dismantlement and disposal.’’. 
SEC. 1016. NATIONAL DEFENSE SEALIFT FUND. 
Section 2218(f)(3)(C) of title 10, United States Code, 
is amended by striking ‘‘two foreign constructed ships’’ and 
inserting ‘‘seven foreign constructed ships during the period 
beginning with fiscal year 2019 and ending with fiscal year 
2030’’.
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SEC. 1017. LIMITATION ON USE OF FUNDS FOR RETIRE-
MENT OF HOSPITAL SHIPS. 
(a) LIMITATION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2019 for the 
Navy may be obligated or expended to retire, prepare to 
retire, transfer, or place in storage any hospital ship. 
(b) WAIVER.—The Secretary of the Navy may waive 
the limitation in subsection (a) with respect to a hospital 
ship if the Secretary certifies to the congressional defense 
committees that the Secretary has— 
(1) identified a replacement capability, and the 
necessary quantity of systems, to meet all hospital 
ship requirements of the combatant commands that 
are currently being met by such hospital ship; 
(2) achieved initial operational capability of all 
systems described in paragraph (1); and 
(3) deployed a sufficient quantity of systems de-
scribed in paragraph (1) that have achieved initial 
operational capability in order to continue to meet or 
exceed all requirements of the combatant commands 
that are currently being met by such hospital ship.
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Subtitle C—Counterterrorism 
SEC. 1021. EXTENSION OF PROHIBITION ON USE OF FUNDS 
FOR TRANSFER OR RELEASE OF INDIVIDUALS 
DETAINED AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO THE 
UNITED STATES. 
Section 1033 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91) is amended 
by striking ‘‘December 31, 2018’’ and inserting ‘‘December 
31, 2019’’. 
SEC. 1022. EXTENSION OF PROHIBITION ON USE OF FUNDS 
TO CONSTRUCT OR MODIFY FACILITIES IN 
THE UNITED STATES TO HOUSE DETAINEES 
TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
Section 1034(a) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91) is amended 
by striking ‘‘December 31, 2018’’ and inserting ‘‘December 
31, 2019’’.
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SEC. 1023. EXTENSION OF PROHIBITION ON USE OF FUNDS 
FOR TRANSFER OR RELEASE OF INDIVIDUALS 
DETAINED AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO CERTAIN 
COUNTRIES. 
Section 1035 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91) is amended 
by striking ‘‘December 31, 2018’’ and inserting ‘‘December 
31, 2019’’. 
SEC. 1024. EXTENSION OF PROHIBITION ON USE OF FUNDS 
TO CLOSE OR RELINQUISH CONTROL OF 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Section 1036 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91) is amended 
inserting ‘‘or 2019’’ after ‘‘fiscal year 2018’’. 
SEC. 1025. AUTHORITY TO TRANSFER INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA, TO THE UNITED 
STATES TEMPORARILY FOR EMERGENCY OR 
CRITICAL MEDICAL TREATMENT. 
(a) TEMPORARY TRANSFER
FOR MEDICAL TREAT-
MENT.—Notwithstanding section 1033 of the National De-
fense Authorization Act for Fiscal Year 2018 (Public Law 
115–91), as amended by section 1021 of this Act, or any 
similar provision of law enacted after September 30, 2015,
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† HR 5515 EAS 
the Secretary of Defense may, after consultation with the 
Secretary of Homeland Security, temporarily transfer an 
individual detained at Guantanamo to a Department of 
Defense medical facility in the United States for the sole 
purpose of providing the individual medical treatment if 
the Secretary of Defense determines that— 
(1) the medical treatment of the individual is 
necessary to prevent death or imminent significant 
injury or harm to the health of the individual; 
(2) the necessary medical treatment is not avail-
able to be provided at United States Naval Station, 
Guantanamo Bay, Cuba, without incurring excessive 
and unreasonable costs; and 
(3) the Department of Defense has provided for 
appropriate security measures for the custody and 
control of the individual during any period in which 
the individual is temporarily in the United States 
under this section. 
(b) LIMITATION ON EXERCISE OF AUTHORITY.—The 
authority of the Secretary of Defense under subsection (a) 
may be exercised only by the Secretary of Defense or another 
official of the Department of Defense at the level of Under 
Secretary of Defense or higher.
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† HR 5515 EAS 
(c) CONDITIONS OF TRANSFER.—An individual who is 
temporarily transferred under the authority in subsection 
(a) shall— 
(1) while in the United States, remain in the 
custody and control of the Secretary of Defense at all 
times; and 
(2) be returned to United States Naval Station, 
Guantanamo Bay, Cuba, as soon as feasible after a 
Department of Defense physician determines, in con-
sultation with the Commander, Joint Task Force- 
Guantanamo Bay, Cuba, that any necessary follow- 
up medical care may reasonably be provided the indi-
vidual at United States Naval Station, Guantanamo 
Bay. 
(d) STATUS WHILE IN UNITED STATES.—An indi-
vidual who is temporarily transferred under the authority 
in subsection (a), while in the United States— 
(1) shall be deemed at all times and in all re-
spects to be in the uninterrupted custody of the Sec-
retary of Defense, as though the individual remained 
physically at United States Naval Station, Guanta-
namo Bay, Cuba; 
(2) shall not at any time be subject to, and may 
not apply for or obtain, or be deemed to enjoy, any 
right, privilege, status, benefit, or eligibility for any
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† HR 5515 EAS 
benefit under any provision of the immigration laws 
(as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17)), or any 
other law or regulation; 
(3) shall not be permitted to avail himself of any 
right, privilege, or benefit of any law of the United 
States beyond those available to individuals detained 
at United States Naval Station, Guantanamo Bay; 
and 
(4) shall not, as a result of such transfer, have 
a change in any designation that may have attached 
to that detainee while detained at United States 
Naval Station, Guantanamo Bay, pursuant to the 
Authorization for Use of Military Force (Public Law 
107–40), as determined in accordance with applicable 
law and regulations. 
(e) NO CAUSE OF ACTION.—Any decision to transfer 
or not to transfer an individual made under the authority 
in subsection (a) shall not give rise to any claim or cause 
of action. 
(f) LIMITATION ON JUDICIAL REVIEW.— 
(1) LIMITATION.—Except as provided in para-
graph (2), no court, justice, or judge shall have juris-
diction to hear or consider any claim or action 
against the United States or its departments, agen-
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† HR 5515 EAS 
cies, officers, employees, or agents arising from or re-
lating to any aspect of the detention, transfer, treat-
ment, or conditions of confinement of an individual 
transferred under this section. 
(2) EXCEPTION
FOR
HABEAS
CORPUS.—The 
United States District Court for the District of Co-
lumbia shall have exclusive jurisdiction to consider an 
application for writ of habeas corpus seeking release 
from custody filed by or on behalf of an individual 
who is in the United States pursuant to a temporary 
transfer under the authority in subsection (a). Such 
jurisdiction shall be limited to that required by the 
Constitution, and relief shall be only as provided in 
paragraph (3). In such a proceeding the court may 
not review, halt, or stay the return of the individual 
who is the object of the application to United States 
Naval Station, Guantanamo Bay, Cuba, pursuant to 
subsection (c). 
(3) RELIEF.—A court order in a proceeding cov-
ered by paragraph (2)— 
(A) may not order the release of the indi-
vidual within the United States; and 
(B) shall be limited to an order of release 
from custody which, when final, the Secretary of 
Defense shall implement in accordance with sec-
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† HR 5515 EAS 
tion 1034 of the National Defense Authorization 
Act for Fiscal Year 2016 (10 U.S.C. 801 note). 
(g) NOTIFICATION.—Whenever a temporary transfer of 
an individual detained at Guantanamo is made under the 
authority of subsection (a), the Secretary of Defense shall 
notify the Committees on Armed Services of the Senate and 
the House of Representatives of the transfer not later than 
five days after the date on which the transfer is made. 
(h) INDIVIDUAL DETAINED
AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ means an individual located at United 
States Naval Station, Guantanamo Bay, Cuba, as of Octo-
ber 1, 2009, who— 
(1) is not a national of the United States (as de-
fined in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22)) or a member 
of the Armed Forces of the United States; and 
(2) is— 
(A) in the custody or under the control of 
the Department of Defense; or 
(B) otherwise detained at United States 
Naval Station, Guantanamo Bay. 
(i) APPLICABILITY.—This section shall apply to an in-
dividual temporarily transferred under the authority in 
subsection (a) regardless of the status of any pending or
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† HR 5515 EAS 
completed proceeding or detention on the date of the enact-
ment of this Act. 
Subtitle D—Miscellaneous 
Authorities and Limitations 
SEC. 1031. STRATEGIC GUIDANCE DOCUMENTS WITHIN THE 
DEPARTMENT OF DEFENSE. 
Section 113(g) of title 10, United States Code, is 
amended by striking paragraphs (2) through (4) and insert-
ing the following new paragraphs (2) through (4): 
‘‘(2)(A) In implementing the requirement in para-
graph (1), the Secretary, with the advice of the Chairman 
of the Joint Chiefs of Staff, shall each year provide to the 
officials and officers referred in paragraph (1)(A), and sub-
mit to the congressional defense committees, written guid-
ance (to be known as ‘Defense Planning Guidance’) estab-
lishing goals, priorities, and objectives, including fiscal con-
straints, to direct the preparation and review of the pro-
gram and budget recommendations of all elements of the 
Department, including— 
‘‘(i) the priority military missions of the De-
partment, including the assumed force planning sce-
narios and constructs; 
‘‘(ii) the force size and shape, force posture, de-
fense capabilities, force readiness, infrastructure, or-
ganization, personnel, technological innovation, and
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other elements of the defense program necessary to 
support the strategy required by paragraph (1); 
‘‘(iii) the resource levels projected to be available 
for the period of time for which such recommenda-
tions and proposals are to be effective; and 
‘‘(iv) a discussion of any changes in the strategy 
required by paragraph (1) and assumptions under-
pinning the strategy, as required by paragraph (1). 
‘‘(B) The guidance required by this paragraph shall 
be produced in February each year in order to support the 
planning and budget process. The guidance shall be sub-
mitted to the congressional defense committees together with 
the budget of the President (as submitted to Congress pursu-
ant to section 1105(a) of title 31) for the fiscal year begin-
ning in the year in which such guidance is submitted. 
‘‘(3)(A) In implementing the requirement in para-
graph (1) and in conjunction with the reporting require-
ment in section 2687a of this title, the Secretary, with the 
approval of the President and the advice of the Chairman 
of the Joint Chiefs of Staff, shall, on the basis provided in 
subparagraph (E), provide to the officials and officers re-
ferred to in paragraph (1)(A), and submit to the congres-
sional defense committees, written guidance (to be known 
as ‘Contingency Planning Guidance’ or ‘Guidance for Em-
ployment of the Force’) on the preparation and review of
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† HR 5515 EAS 
contingency and campaign plans, including plans for pro-
viding support to civil authorities in an incident of na-
tional significance or a catastrophic incident, for homeland 
defense, and for military support to civil authorities. 
‘‘(B) The guidance required by this paragraph shall 
include the following: 
‘‘(i) A description of the manner in which lim-
ited existing forces and resources shall be prioritized 
and apportioned to achieve the objectives described in 
the strategy required by paragraph (1). 
‘‘(ii) A description of the relative priority of con-
tingency and campaign plans, specific force levels, 
and supporting resource levels projected to be avail-
able for the period of time for which such plans are 
to be effective. 
‘‘(C) The guidance required by this paragraph shall 
include the following: 
‘‘(i) Prioritized global, regional, and functional 
policy objectives that the armed forces should plan to 
achieve, including plans for deliberate and contin-
gency scenarios. 
‘‘(ii) Policy and strategic assumptions that 
should guide military planning, including the role of 
foreign partners.
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‘‘(iii) Guidance on global posture and global 
force management. 
‘‘(iv) Security cooperation priorities. 
‘‘(v) Specific guidance on United States and De-
partment nuclear policy. 
‘‘(D) The guidance required by this paragraph shall 
be the primary source document to be used by the Chairman 
of the Joint Chiefs of Staff in— 
‘‘(i) executing the global military integration re-
sponsibilities described in section 153 of this title; 
and 
‘‘(ii) developing implementation guidance for the 
Joint Chiefs of Staff and the commanders of the com-
batant commands. 
‘‘(E) The guidance required by this paragraph shall 
be produced every two years, or more frequently as needed. 
‘‘(F) The guidance required by this paragraph shall 
be submitted to the congressional defense committees as re-
quired by subparagraph (A) in February of each year in 
which produced, and shall be accompanied by any written 
implementation documentation produced by the Chairman 
of the Joint Chiefs of Staff for purposes of such guidance. 
‘‘(4)(A) In implementing the requirement in para-
graph (1), the Secretary, with the advice of the Chairman 
of the Joint Chiefs of Staff, shall each year produce, and
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submit to the congressional defense committee, a report (to 
be known as the ‘Global Defense Posture Report’) that shall 
include the following: 
‘‘(i) A description of major changes to United 
States forces, capabilities, and equipment assigned 
and allocated outside the United States, focused on 
significant alterations, additions, or reductions to 
such global defense posture that are required to exe-
cute the strategy and plans of the Department. 
‘‘(ii) A description of the supporting network of 
infrastructure, facilities, pre-positioned stocks, and 
war reserve materiel required for execution of major 
contingency plans of the Department. 
‘‘(iii) A list of all enduring locations, including 
main operating bases, forward operating sites, and 
cooperative security locations. 
‘‘(iv) A description of the status of treaty, access, 
cost-sharing, and status-protection agreements with 
foreign nations. 
‘‘(v) A summary of the priority posture initia-
tives for each region by the commanders of the com-
batant commands. 
‘‘(vi) For each military department, a summary 
of the implications for overseas posture of any force 
structure changes.
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‘‘(vii) A description of the costs incurred outside 
the United States during the preceding fiscal year in 
connection with operating, maintaining, and sup-
porting United States forces outside the United States 
for each military department, broken out by country, 
and whether for operation and maintenance, infra-
structure, or transportation. 
‘‘(viii) A description of the amount of direct sup-
port for the stationing of United States forces pro-
vided by each host nation during the preceding fiscal 
year. 
‘‘(B) The report required by this paragraph shall be 
submitted to the congressional defense committees as re-
quired by subparagraph (A) by not later than April 30 each 
year. 
‘‘(C) In this paragraph, the term ‘United States’, when 
used in a geographic sense, includes the territories and pos-
sessions of the United States’’. 
SEC. 1032. GUIDANCE ON THE ELECTRONIC WARFARE MIS-
SION AREA AND JOINT ELECTROMAGNETIC 
SPECTRUM OPERATIONS. 
(a) PROCESSES
AND PROCEDURES
FOR INTEGRA-
TION.—The Secretary of Defense shall— 
(1) establish processes and procedures to develop, 
integrate, and enhance the electronic warfare mission
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† HR 5515 EAS 
area and the conduct of joint electromagnetic spec-
trum operations in all domains across the Depart-
ment of Defense; and 
(2) ensure that such processes and procedures 
provide for integrated defense-wide strategy, plan-
ning, and budgeting with respect to the conduct of 
such operations by the Department, including activi-
ties conducted to counter and deter such operations by 
malign actors. 
(b) DESIGNATED SENIOR OFFICIAL.— 
(1) IN GENERAL.—The Secretary shall designate 
a senior official of the Department of Defense (in this 
section referred to as the ‘‘designated senior official’’) 
who shall implement and oversee the processes and 
procedures established under subsection (a). The des-
ignated senior official shall be designated by the Sec-
retary from among individuals serving in the Depart-
ment at or below the level of Under Secretary of De-
fense. The designated senior official shall oversee and 
chair the cross-functional team established pursuant 
to subsection (c) and the Electronic Warfare Execu-
tive Committee established in March 2015. 
(2) RESPONSIBILITIES.—The designated senior 
official shall have, with respect to the implementation 
and oversight of the processes and procedures estab-
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† HR 5515 EAS 
lished under subsection (a), the following responsibil-
ities: 
(A) Development of a strategic framework 
for the conduct and execution of the electronic 
warfare mission area and joint electromagnetic 
spectrum operations by the Department, coordi-
nated across all relevant elements of the Depart-
ment, including both near-term and long-term 
guidance for the conduct of such operations. 
(B) Oversight of resource management for 
the development and integration of electronic 
warfare capabilities of the Department. 
(3) ANNUAL CERTIFICATION ON BUDGETING FOR 
CERTAIN CAPABILITIES.—Each budget for fiscal years 
2020 through 2024 submitted by the President to Con-
gress pursuant to section 1105(a) of title 31, United 
States Code, shall include a certification by the senior 
designated official, as chair of the Electronic Warfare 
Executive Committee, whether sufficient funds are re-
quested in such budget for anticipated activities in 
such fiscal year for each of the following: 
(A) The development of an Electromagnetic 
Battle Management capability for joint electro-
magnetic spectrum operations.
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† HR 5515 EAS 
(B) The establishment and operation of as-
sociated Joint Electromagnetic Spectrum Oper-
ations cells. 
(c) CROSS-FUNCTIONAL TEAM FOR ELECTRONIC WAR-
FARE.— 
(1) ESTABLISHMENT REQUIRED.—The Secretary 
shall, in accordance with section 911(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 
note), establish a cross-functional team for electronic 
warfare in order to identify gaps in electronic war-
fare capabilities and capacities within the Depart-
ment across personnel, procedural, and equipment 
areas. 
(2) SPECIFIC
DUTIES.—The cross-functional 
team established pursuant to paragraph (1) shall pro-
vide recommendations to address gaps identified as 
described in that paragraph to the senior designated 
official. 
(d) PLANS
AND REQUIREMENTS
FOR ELECTRONIC 
WARFARE.— 
(1) IN GENERAL.—The Secretary shall require 
the designated senior official to task the cross-func-
tional team established pursuant to subsection (c) to 
develop requirements and specific plans for address-
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† HR 5515 EAS 
ing personnel and capability gaps in the electronic 
warfare mission area, and plans for future warfare in 
that domain (including a roadmap for the next five 
years). 
(2) UPDATE OF STRATEGY.—Not later than 180 
days after the date of the enactment of this Act, the 
cross-functional team shall— 
(A) update the strategy of the Department 
of Defense titled ‘‘The DOD Electronic Warfare 
Strategy’’ and dated June 2017 to include the 
roadmap referred to in paragraph (1); and 
(B) submit the updated strategy to the des-
ignated senior official for transmittal to the con-
gressional defense committees. 
(3) ELEMENTS.—The requirements and plans de-
veloped by the cross-functional team pursuant to 
paragraph (1) shall include the following: 
(A) An accounting of the efforts undertaken 
in support of the strategy referred to in para-
graph (2)(A) since its issuance in June 2017. 
(B) A description of any updates or changes 
to the strategy since its issuance, and a descrip-
tion of any anticipated updates or changes to the 
strategy as a result of the designation of the des-
ignated senior official.
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† HR 5515 EAS 
(C) An assessment of vulnerabilities identi-
fied in the May 2015 Electronic Warfare assess-
ment by the Defense Science Board. 
(D) An assessment of the capability of joint 
forces to conduct joint electromagnetic spectrum 
operations against near-peer adversaries and 
any capability or capacity gaps in such capa-
bility that need to be addressed, including an as-
sessment of the ability of joint forces to conduct 
coordinated military operations to exploit, at-
tack, protect, and manage the electromagnetic 
environment in the Signals Intelligence, Elec-
tronic Warfare, and Spectrum Management mis-
sion areas. 
(E) A review of the roles of offices within 
the Joint Staff, the Office of the Secretary of De-
fense, and the combatant commands with pri-
mary responsibility for joint electromagnetic 
spectrum policy and operations. 
(F) A description of any assumptions about 
the roles and contributions of the Department, in 
coordination with other departments and agen-
cies of the United States Government, with re-
spect to the strategy.
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(G) A description of actions, performance 
metrics, and projected timelines for achieving 
key capabilities for electronic warfare and joint 
electromagnetic spectrum operations to cor-
respond to the four thematic goals identified in 
the strategy and as addressed by the roadmap. 
(H) 
An 
analysis 
of 
any 
personnel, 
resourcing, capability, authority, or other gaps 
to be addressed in order to ensure effective imple-
mentation of the strategy across all relevant ele-
ments of the Department, including an update 
on each of the following: 
(i) The development of an Electro-
magnetic Battle Management capability for 
joint electromagnetic spectrum operations. 
(ii) The establishment and operation of 
Joint Electromagnetic Spectrum Operations 
cells at critical combatant command loca-
tions. 
(I) An investment framework and projected 
timeline for addressing any gaps described by 
subparagraph (H). 
(J) In consultation with the Director of the 
Defense Intelligence Agency—
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(i) a comprehensive assessment of the 
electronic warfare capabilities of the Rus-
sian Federation and People’s Republic of 
China; 
(ii) a review of vulnerabilities with re-
spect to electronic systems, such as the Glob-
al Positioning System, and in Department- 
wide abilities to conduct countermeasures in 
response to electronic warfare attacks; and 
(iii) a holistic study of all aspects of 
the manner in which the Russian Federa-
tion and the People’s Republic of China de-
velop electronic warfare doctrine, with order 
of battle across multiple domains, and long- 
term research trends of each country in con-
nection with such warfare. 
(K) Such other matters as the Secretary 
considers appropriate. 
(4) PERIODIC STATUS REPORTS.—Not later than 
90 days after the requirements and plans required by 
paragraph (1) are submitted in accordance with 
paragraph (2), and every 90 days thereafter during 
the three-year period beginning on the date such 
plans and requirements are first submitted in accord-
ance with paragraph (2), the designated senior offi-
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† HR 5515 EAS 
cial shall submit to the congressional defense commit-
tees a report describing the status of the efforts of the 
Department in accomplishing the tasks specified in 
subparagraphs (B) and (G) of paragraph (3). 
(e) TRAINING AND EDUCATION.—Consistent with the 
elements under subsection (d)(3) of the plans and require-
ments required by subsection (d)(1), the cross-functional 
team established pursuant to subsection (c) shall provide 
the senior designated official recommendations for pro-
grams to provide training and education to such members 
of the Armed Forces and civilian employees of the Depart-
ment as the Secretary considers appropriate in order to en-
sure that such members and employees understand the roles 
and vulnerabilities associated with electronic warfare and 
dependence on the electromagnetic spectrum. 
SEC. 1033. LIMITATION ON USE OF FUNDS FOR UNITED 
STATES 
SPECIAL 
OPERATIONS 
COMMAND 
GLOBAL 
MESSAGING 
AND 
COUNTER-MES-
SAGING PLATFORM. 
None of the funds authorized to be appropriated by this 
Act may be used for United States Special Operations Com-
mand’s Global Messaging and Counter-Messaging platform 
until the Secretary of Defense submits to the congressional 
defense committees a report containing the following ele-
ments:
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(1) A review of the doctrine, organization, train-
ing, materiel, leadership and education, personnel 
and facilities applicable to military information sup-
port personnel, including, at a minimum— 
(A) an assessment of current doctrine, orga-
nization, training, materiel, leadership and edu-
cation, personnel and facilities; and 
(B) recommended changes for enhancing the 
ability of military information support per-
sonnel to operate effectively in the current and 
future information environment. 
(2) An implementation plan for the establish-
ment of the platform, including a timeline for achiev-
ing initial and full operational capability. 
(3) A description of the budget requirements for 
the platform to reach full operational capability, in-
cluding an identification and cost of any infrastruc-
ture and equipment requirements. 
(4) A summary of costs to operate and sustain 
the platform across the future year’s defense plan. 
(5) An explanation of the Secretary’s guidance to 
the combatant commands to ensure unity of effort and 
prevent the proliferation of messaging and counter- 
messaging platforms.
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(6) A detailed description of the processes for 
deconfliction and, where possible, integration of plat-
form planning and activities with those of relevant 
departments and agencies of the United States Gov-
ernment, including the Department of State’s Global 
Engagement Center. 
(7) An identification of any additional authori-
ties that may be required for achieving full oper-
ational capability of the platform. 
(8) Any other matters deemed relevant by the 
Secretary. 
SEC. 1034. SENSE OF CONGRESS ON THE BASING OF KC–46A 
AIRCRAFT 
OUTSIDE 
THE 
CONTINENTAL 
UNITED STATES. 
(a) FINDING.—Congress finds that the Department of 
Defense is continuing its process of permanently stationing 
KC–46A aircraft at installations in the continental United 
States (CONUS) and forward-basing outside the conti-
nental United States (OCONUS). 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary of the Air Force, as part of the strategic 
basing process for KC–46A aircraft, should continue to 
place emphasis on and consider the benefits derived from 
locations outside the continental United States that—
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(1) support day-to-day air refueling operations, 
operations plans of the combatant commands, and 
flexibility for contingency operations, and have— 
(A) a strategic location that is essential to 
the defense of the United States and its interests; 
(B) receivers for boom or probe-and-drogue 
training opportunities with joint and inter-
national partners; and 
(C) sufficient airfield and airspace avail-
ability and capacity to meet requirements; and 
(2) possess facilities that— 
(A) take full advantage of existing infra-
structure to provide— 
(i) runway, hangars, and aircrew and 
maintenance operations; and 
(ii) sufficient fuels receipt, storage, and 
distribution capacities for a 5-day peace-
time operating stock; and 
(B) minimize overall construction and oper-
ational costs. 
SEC. 1035. RELINQUISHMENT OF LEGISLATIVE JURISDIC-
TION OF CRIMINAL OFFENSES COMMITTED 
BY JUVENILES ON MILITARY INSTALLATIONS. 
(a) IN GENERAL.—In the case of any military instal-
lation or portion of a military installation of which exclu-
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sive legislative jurisdiction of criminal offenses committed 
by juveniles is retained by the United States as of the date 
of the enactment of this Act, the Secretary concerned shall 
seek to relinquish to the State, Commonwealth, territory, 
or possession concerned legislative jurisdiction of such of-
fenses such that the United States and the State, Common-
wealth, territory, or possession, as the case may be, have 
concurrent legislative jurisdiction of such offenses. 
(b) MANNER OF RELINQUISHMENT.—Legislative juris-
diction shall be relinquished pursuant to subsection (a) in 
the manner provided in section 2683(a) of title 10, United 
States Code. 
(c) DEADLINE.—The Secretaries concerned shall, to the 
extent practicable, complete relinquishment of legislative ju-
risdiction pursuant to subsection (a) by not later than one 
year after the date of the enactment of this Act. 
(d) REPORTS.— 
(1) IN
GENERAL.—Not later than 15 months 
after the date of the enactment of this Act, each Sec-
retary concerned shall submit to Congress a report on 
the relinquishment of legislative jurisdiction pursuant 
to subsection (a). 
(2) ELEMENTS.—The report of a Secretary 
under this subsection shall include the following:
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(A) A list of the installations or portions of 
installations under the jurisdiction of the Sec-
retary of which exclusive legislative jurisdiction 
of criminal offenses committed by juveniles is re-
tained by the United States as of the date of the 
enactment of this Act. 
(B) A list of the installations or portions of 
installations listed pursuant to subparagraph 
(A) for which legislative jurisdiction was relin-
quished pursuant to subsection (a) as of the date 
that is one year after the date of the enactment 
of this Act. 
(C) A list of the installations or portions of 
installations listed pursuant to subparagraph 
(A) for which legislative jurisdiction was not re-
linquished pursuant to subsection (a) as of the 
date that is one year after the date of the enact-
ment of this Act, and, for each such installation 
or portion of installation, the reasons why such 
legislative jurisdiction was not so relinquished. 
(e) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ has the meaning given 
that term in section 101(a)(9) of title 10, United States 
Code.
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SEC. 1036. POLICY ON RESPONSE TO JUVENILE-ON-JUVE-
NILE ABUSE COMMITTED ON MILITARY IN-
STALLATIONS. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish a policy, applicable across the military installations 
of the Department of Defense (including installations out-
side the United States), on the response of the Department 
to allegations of juvenile-on-juvenile abuse on military in-
stallations. The policy shall be designed to ensure a con-
sistent, standardized response to such allegations across the 
Department. 
(b) ELEMENTS.—The policy required by this section 
shall provide for the following: 
(1) Any report or other allegation of juvenile-on- 
juvenile abuse on a military installation that is re-
ceived by the installation commander, a law enforce-
ment organization, a Family Advocacy Program, a 
chid development center, or a Department school oper-
ating on the installation or otherwise under Depart-
ment administration for the installation shall be re-
viewed by the Family Advocacy Program of the in-
stallation. 
(2) Personnel of Family Advocacy Programs 
conducting reviews shall have appropriate training 
and experience in working with juveniles.
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(3) Family Advocacy Programs conducting re-
views shall conduct a multi-faceted, multi-discipli-
nary review and recommend treatment, counseling, or 
other appropriate interventions for complainants and 
respondents. 
(4) Each review shall be conducted— 
(A) with full involvement of appropriate 
authorities and entities, including parents or 
legal guardians of the juveniles involved (if prac-
ticable); and 
(B) to the extent practicable, in a manner 
that protects the sensitive nature of the incident 
concerned, using language appropriate to the 
treatment of juveniles in written policies and 
communication with families. 
(5) The requirement for investigation of a report 
or other allegation shall not be deemed to terminate 
or alter any otherwise applicable requirement to re-
port or forward the report or allegation to appro-
priate Federal, State, or local authorities as possible 
criminal activity. 
(6) There shall be established and maintained a 
centralized database of information on each incident 
of abuse that is reviewed by a Family Advocacy Pro-
gram under this section, with—
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(A) the information in such database kept 
strictly confidential; and 
(B) because the information involves alleged 
conduct by juveniles, additional special pre-
cautions taken to ensure the information is 
available only to persons who require access to 
the information. 
(7) There shall be entered into the database, for 
each substantiated or unsubstantiated incident of 
abuse, appropriate information on the incident, in-
cluding— 
(A) a description of the allegation; 
(B) whether or not the review is completed; 
(C) whether or not the incident was subject 
to an investigation by a law enforcement organi-
zation or entity, and the status and results of 
such investigation; and 
(D) whether or not action was taken in re-
sponse to the incident, and the nature of the ac-
tion, if any, so taken.
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Subtitle E—Studies and Reports 
SEC. 1041. REPORT ON HIGHEST-PRIORITY ROLES AND MIS-
SIONS OF THE DEPARTMENT OF DEFENSE 
AND THE ARMED FORCES. 
(a) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) the National Defense Strategy correctly char-
acterizes the leading strategic challenges facing the 
United States as the reemergence of great power com-
petition, the erosion of the United States military 
technological advantage, enduring violent extremism 
and instability in the broader Middle East and Afri-
ca, and continued uncertainty in the United States 
about the availability of sufficient resources for na-
tional defense; 
(2) the National Defense Strategy correctly 
prioritizes the development of a more lethal joint force 
that is ready to deter and, if necessary, defeat aggres-
sion by great power competitors with advanced mili-
tary capabilities, while conducting counterterrorism 
operations in a more sustainable manner, together 
with allies and partners; 
(3) the National Defense Strategy, and the im-
plications of the Strategy for the size, structure, 
shape, roles, missions, and employment of the joint
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force, was not completed in time to inform fully the 
budget of the President for national defense for fiscal 
year 2019; 
(4) many Department of Defense programs of 
record are upgraded replacements of legacy systems 
that were not premised on the assumption that future 
conflict could occur in highly-contested environments 
against militarily advanced near-peer rivals; 
(5) considerable growth in the size of the mili-
tary will not be possible without growth in the budget, 
because the current future-years defense program as-
sumes that defense spending after fiscal year 2019 
will only increase at the rate of inflation, while costs 
for two of the largest drivers of costs for the Depart-
ment, namely military personnel and operation and 
maintenance, continue to grow faster than the rate of 
inflation; 
(6) the Senate strongly supports the pursuit by 
the Department of budgetary savings through internal 
reform and efficiencies, but notes that previous at-
tempts to generate additional resources through such 
mechanisms did not generate resources as planned; 
(7) increased force modernization investments 
must be based on a rigorous reassessment of whether 
current programs will meet present and future
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warfighting requirements against near-peer rivals 
that are making rapid military technological ad-
vancements; 
(8) the Department must conduct further analyt-
ical work in order— 
(A) to facilitate the implementation of the 
National Defense Strategy, as recommended by 
the Commission on the National Defense Strat-
egy; and 
(B) to provide Congress with a more rig-
orous understanding of, and justification for, fu-
ture requests for resources to organize, train and 
equip, and employ the Armed Forces; and 
(9) the Senate encourages the Secretary of De-
fense to refine the National Defense Strategy into 
more specific operational tasks and force planning 
scenarios that the joint force must be ready and able 
to perform in order to facilitate a better under-
standing of joint force development priorities and the 
roles and missions of each Armed Force. 
(b) REPORT ON ROLES AND MISSIONS.— 
(1) REPORT
REQUIRED.—Not later than Feb-
ruary 1, 2019, the Secretary of Defense shall submit 
to the congressional defense committees a report set-
ting forth a re-evaluation of the highest priority mis-
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sions of the Department of Defense, and of the roles 
of the Armed Forces in the performance of such mis-
sions. 
(2) GOALS.—The goals of the re-evaluation re-
quired for purposes of the report shall be as follows: 
(A) To support implementation of the Na-
tional Defense Strategy. 
(B) To optimize the effectiveness of the joint 
force. 
(C) To inform the preparation of future de-
fense program and budget requests by the Sec-
retary, and the consideration of such requests by 
Congress. 
(c) ELEMENTS.—The report required by subsection (b) 
shall include the following: 
(1) A detailed description of the pacing threats 
for each Armed Force, and for special operations 
forces, and an assessment of the manner in which 
such pacing threats determine the primary role of 
each Armed Force, and special operations forces, in-
cluding the connection between key operational tasks 
required by contingency plans. 
(2) A specific requirement for the size and com-
position of each Armed Force, including the following:
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(A) The required total end strength and 
force structure by type for the Army. 
(B) The required fleet size of the Navy, 
identified by class of ships and the corresponding 
total end strength requirement once that fleet size 
is achieved. 
(C) The required number of operational Air 
Force squadrons, identified by function and the 
corresponding total end strength requirement 
once that number of squadrons is achieved. 
(D) The required total end strength and 
force structure by type for the Marine Corps. 
(E) The force sizing construct used to deter-
mine the end strength requirements covered by 
subparagraphs (A) through (D), the year-by-year 
plan for achieving such requirements, relevant 
force posture assumptions, and the associated 
military personnel costs of such plan. 
(3) A re-evaluation of the roles of the Armed 
Forces in performing low-intensity missions, such as 
counterterrorism and security force assistance, includ-
ing the following: 
(A) An assessment whether the joint force 
would benefit from having one Armed Force 
dedicated primarily to low-intensity missions,
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thereby enabling the other Armed Forces to focus 
more exclusively on advanced peer competitors. 
(B) A detailed description of, and accom-
panying justification for, the total amount of 
forces required to perform the security force as-
sistance mission and the planned geographic em-
ployment of such forces. 
(C) A revalidation of the Army plan to con-
struct six Security Force Assistant Brigades, and 
an assessment of the impact, if any, of such plan 
on the capability of the Army to perform its pri-
mary roles under the National Defense Strategy. 
(D) An assessment whether the security 
force assistance mission would be better per-
formed by the Marine Corps, and an assessment 
of the end strength and force composition 
changes, if any, required for the Marine Corps to 
assume such mission. 
(4) A reassessment of the roles and missions of 
the total ground forces, both Army and Marine Corps, 
to execute the National Defense Strategy, including 
the following: 
(A) A detailed description of the allocation 
of roles for the Army and Marine Corps in deter-
ring and waging war against advanced peer
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competitors that can complement the activities 
and investments of each such Armed Force and 
optimize the capabilities of each such Armed 
Force. 
(B) A detailed description of the appro-
priate balance and mix of Army force structure, 
including light infantry, mechanized infantry, 
armor, air defense, fires, engineers, aviation, sig-
nals, and logistics, that is required to perform 
the roles and missions of the Army against its 
pacing threats. 
(C) A detailed description of the modernized 
capabilities and concepts to be developed by the 
Army to contribute to joint force operations 
against advanced peer competitors, including the 
manner in which Army aviation will evolve in 
light of unmanned aerial vehicle technology. 
(D) A revalidation of the requirement for 
ground force modernization efforts, including the 
Joint Light Tactical Vehicle, Future Vertical 
Lift, and Mobile Protected Fires, that are not op-
timized for conflict between the United States 
and advanced peer competitors.
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(E) A detailed description of requirements 
for Army forces needed to support theater oper-
ations. 
(5) An assessment, based on operational plans, of 
the ability of power projection platforms to survive 
and effectively perform the highest priority oper-
ational missions described in the National Defense 
Strategy, including the following: 
(A) An assessment of the feasibility of the 
current plans and investments by the Navy and 
Marine Corps to operate and defend their sea 
bases in contested environments. 
(B) An assessment whether amphibious 
forced entry operations against advanced peer 
competitors should remain an enduring mission 
for the joint force considering the stressing oper-
ational nature and significant resource require-
ments of such mission. 
(C) An assessment whether a transition 
from large-deck amphibious ships to small air-
craft carriers would result in a more lethal and 
survivable Marine Corps sea base that could ac-
commodate larger numbers of more diverse strike 
aircraft.
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(D) An assessment of the manner in which 
an acceleration of development and fielding of 
longer-range, unmanned, carrier-suitable strike 
aircraft could better meet operational require-
ments and alter the requirement for shorter- 
range, manned tactical fighter aircraft. 
(E) An assessment of the manner in which 
the emerging technology to operate large numbers 
of low-cost, autonomous, attributable systems in 
the air, on and under the sea, on land, and in 
space could change the manner in which the 
joint force projects power globally. 
(6) An assessment, based on operational plans, of 
the ability of manned, stealthy, penetrating strike 
platforms to survive and perform effectively the high-
est priority operational missions described in the Na-
tional Defense Strategy, including the following: 
(A) An assessment whether anticipated ad-
vances in stealth technology and the employment 
of such technology on existing or developmental 
systems, such as the F–35 and B–21 aircraft, 
can be expected to outpace and overmatch adver-
sary capabilities to detect and target such sys-
tems.
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(B) An assessment of the ability of fourth 
generation aircraft with advanced sensors and 
weapons to perform certain missions equally or 
more effectively than the missions assigned to, or 
envisioned for, fifth-generation penetrating strike 
platforms. 
(C) An assessment of the manner in which 
the emerging technology to operate large numbers 
of low-cost, autonomous, attributable systems in 
the air, on and under the sea, on land, and in 
space could obviate or reduce the requirement for 
penetrating strike platforms. 
(7) A re-evaluation of the most effective and effi-
cient means for the joint force to perform the air su-
periority mission in both contested and uncontested 
environments, including the following: 
(A) An assessment of the ability to achieve 
air superiority from other domains, including 
with land-based systems, naval systems, undersea 
systems, space-based systems, electronic warfare 
systems, or cyber capabilities. 
(B) A validation of the envisioned oper-
ational and cost effectiveness of the Penetrating 
Counter-Air platform, and of the requirement for
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developing this system as part of the Air Force 
Next Generation Air Dominance program. 
(C) A detailed description of the optimal 
mix across the joint force of fourth-generation 
and fifth-generation fighter aircraft, bomber air-
craft, and Next Generation Air Dominance sys-
tems to fulfill operational demands for air supe-
riority. 
(D) A detailed description of the manner in 
which the joint force will perform the mission of 
light aerial attack in uncontested environments 
to support counterterrorism and security force 
assistance missions, and the mission of coun-
tering violent extremism operations, at the lowest 
cost to the readiness of advanced, multirole com-
bat aircraft. 
(E) A determination of what Armed Force, 
in addition to the Air Force, should have a role 
in the mission of light air attack in uncontested 
environments. 
(8) A reevaluation of the roles and missions of 
the joint special operations enterprise, including the 
following: 
(A) A detailed assessment whether the joint 
special operations enterprise is currently per-
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forming too many missions worldwide, and 
whether any such missions could be performed 
adequately and more economically by conven-
tional units. 
(B) A detailed assessment whether the global 
allocation of special operations forces, and espe-
cially the most capable units, is aligned to the 
pacing threats and priority missions of the Na-
tional Defense Strategy. 
(C) A detailed description of the changes re-
quired to align the joint special operations enter-
prise more effectively with the National Defense 
Strategy. 
(9) An assessment of the manner in which in-
creased use of the space domain should revise or re-
allocate the requirements of the joint force, including 
the following: 
(A) A detailed description of the missions, 
including joint moving target indication, air 
battle management, and missile and aircraft 
tracking and targeting, that could be performed 
more effectively from space-based platforms due 
to emerging technology and operational require-
ments.
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(B) An assessment of the manner in which 
the joint force can take advantage of the develop-
ment and deployment of disaggregated commer-
cial satellite Internet constellations to replace 
legacy tactical communications networks and de-
vices and achieve multi-domain command and 
control more effectively and at lower cost. 
(C) An assessment of the manner in which 
to ensure that the joint force has access to tech-
nologies that deliver superior offensive space ca-
pabilities and a maneuver advantage to and 
within the space domain, including reusable 
launch systems and spacecraft, on-orbit refueling 
and manufacturing, on-orbit power generation, 
and exploitation of space minerals and propel-
lants. 
(D) A detailed description of the actions to 
be taken by components of the Department to 
promote and protect the development of a licit 
space economy, including the following: 
(i) Defense of commercial activities, fa-
cilities, and claims. 
(ii) Safety of navigation. 
(iii) Rescue and recovery.
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(iv) Construction and maintenance of 
public works in Cis-Lunar Space. 
(v) Active debris remediation. 
(vi) Establishment of an on-orbit na-
tional strategic reserve of space minerals 
and propellants. 
(10) A reassessment of the manner in which the 
joint force will perform the mission of logistics in 
contested environments, including the following: 
(A) A revalidation of the requirement for 
the KC–46 tanker aircraft, including an assess-
ment of the aerial refueling requirements in con-
tested environments and a greater reliance on 
distributed systems of systems. 
(B) A detailed assessment whether the mis-
sion of logistics in contested environments could 
be better performed by larger numbers of lower- 
cost, autonomous systems capable of dispersed 
operations on land, at sea, and in the air. 
(C) A detailed assessment whether greater 
forward stationing of joint force capabilities and 
personnel would be more operationally effective 
in performing the contact and blunt missions of 
the National Defense Strategy.
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(d) FORM.—The report required in subsection (b) shall 
be submitted in classified form, and shall include an unclas-
sified summary. 
SEC. 1042. ANNUAL REPORTS BY THE ARMED FORCES ON 
OUT-YEAR UNCONSTRAINED TOTAL MUNI-
TIONS REQUIREMENTS AND OUT-YEAR IN-
VENTORY NUMBERS. 
(a) REPORTS REQUIRED.—Chapter 9 of title 10, 
United States Code, is amended by inserting after section 
222a the following new section: 
‘‘§ 222b. Armed forces: Out-Year Unconstrained Total 
Munitions Requirements; Out-Year inven-
tory numbers 
‘‘(a) ANNUAL REPORTS.—At the same time each year 
that the budget for the fiscal year beginning in such year 
is submitted to Congress pursuant to section 1105(a) of title 
31, the chief of staff of each armed force (other than the 
Coast Guard) shall submit to the congressional defense com-
mittees a report setting forth for such armed force each of 
the following for such fiscal year, broken out as specified 
in subsection (b): 
‘‘(1) The Out-Year Unconstrained Total Muni-
tions Requirement. 
‘‘(2) The Out-Year inventory numbers.
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‘‘(b) PRESENTATION.—The Out-Year Unconstrained 
Total Munitions Requirement and Out-Year inventory 
numbers for an armed force for a fiscal year pursuant to 
subsection (a) shall include specific inventory objective re-
quirements for each variant of munitions with respect to 
each of the following: 
‘‘(1) Combat Requirement, broken out by oper-
ation plan (OPLAN). 
‘‘(2) Current Operation/Forward Presence Re-
quirement. 
‘‘(3) Strategic Readiness Requirement. 
‘‘(4) Homeland Defense. 
‘‘(5) Training and Testing Requirement. 
‘‘(6) Total Out-Year Unconstrained Total Muni-
tions Requirement, calculated in accordance with the 
implementation guidance described in subsection (c). 
‘‘(7) Out-year worldwide inventory. 
‘‘(c) IMPLEMENTATION GUIDANCE USED.—In submit-
ting information pursuant to subsection (a) for a fiscal 
year, the chief of staff of each armed force shall describe 
and explain the munitions requirements process implemen-
tation guidance developed by the Under Secretary of De-
fense for Acquisition and Sustainment and used by such 
armed force for the munitions requirements process for such 
armed force for that fiscal year.
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‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘chief of staff’, with respect to the 
Marine Corps, means the Commandant of the Marine 
Corps. 
‘‘(2) The term ‘Out-Year Unconstrained Total 
Munitions Requirement’ has the meaning given that 
term in and for purposes of Department of Defense 
Instruction 3000.04, or any successor instruction.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 9 of such title is amended by in-
serting after the item relating to section 222a the following 
new item: 
‘‘222b. Armed forces: Out-Year Unconstrained Total Munitions Requirements; 
Out-Year inventory numbers.’’. 
SEC. 1043. COMPREHENSIVE REVIEW OF OPERATIONAL AND 
ADMINISTRATIVE CHAINS-OF-COMMAND AND 
FUNCTIONS OF THE DEPARTMENT OF THE 
NAVY. 
(a) IN GENERAL.—The Secretary of the Navy shall 
conduct a comprehensive review of the operational and ad-
ministrative chains-of-command and functions of the De-
partment of the Navy. 
(b) ELEMENTS.—In conducting the review required by 
subsection (a), the Secretary shall consider options to do 
each of the following:
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(1) Increase visibility of unit-level readiness at 
senior levels. 
(2) Reduce so-called ‘‘double-hatting’’ and ‘‘tri-
ple-hatting’’ commanders. 
(3) Clarify organizations responsible and ac-
countable for training and certification at the unit, 
group, and fleet level. 
(4) Simplify reporting requirements applicable 
to commanding officers. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
shall submit to the congressional defense committees a 
report on the results of the review required by sub-
section (a). The report shall include the following: 
(A) The results of the review, including any 
findings of the Secretary as a result of the re-
view. 
(B) Any organizational changes in oper-
ational or administrative chains-of-command or 
functions of the Department undertaken or to be 
undertaken by the Secretary in light of the re-
view. 
(C) Any recommendations for legislative or 
administration action with respect to the oper-
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ational or administrative chains-of-command or 
functions of the Department as the Secretary 
considers appropriate in light of the review. 
(2) FORM.—The report under this subsection 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
SEC. 1044. MILITARY AVIATION READINESS REVIEW IN SUP-
PORT OF THE NATIONAL DEFENSE STRAT-
EGY. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report 
on military aviation readiness in support of the National 
Defense Strategy (NDS). 
(b) REVIEW FOR REPORT PURPOSES.— 
(1) IN GENERAL.—The report under subsection 
(a) shall be based on a review conducted for purposes 
of the report in accordance with this section. 
(2) PANEL.—The review shall be conducted by a 
panel consisting of the following: 
(A) The Commander of the Air Combat 
Command, who shall head the panel. 
(B) The Commander of the Army Aviation 
Branch.
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(C) The Chief of Naval Air Forces. 
(D) The Deputy Commandant of the Ma-
rine Corps for Aviation. 
(E) Such other personnel of the Department 
of Defense as the Secretary considers appro-
priate. 
(c) REVIEW ELEMENTS.—The review required by sub-
section (b) shall address the following: 
(1) An analysis of the career progression of mili-
tary pilots and non-pilot aviators, including a com-
parison between military pilot and non-pilot avi-
ators, on the one hand, and other military speciali-
ties, on the other hand, with respect to each of the fol-
lowing: 
(A) Tours of duty. 
(B) Assignment lengths. 
(C) Minimum service commitments. 
(D) Professional performance evaluation 
systems. 
(E) Statutory and administrative pro-
motion processes. 
(2) An analysis of aircrew aviation training for 
various aircraft platforms, including— 
(A) an historical analysis, covering the past 
15 years, of first and second assignment total
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flight hours and model-specific flight hours for 
military pilots and non-pilot aviators; and 
(B) an analysis of the flight hour program 
in order to determine the appropriate level of re-
quired monthly flight hours and sorties to main-
tain currency (minimum safe level) and pro-
ficiency (minimum level to be tactically com-
petent). 
(3) An analysis of the effect of recent operational 
deployments on the ability of military pilots and 
non-pilot aviators to build and maintain readiness 
for potential threats from a near-peer adversary, in-
cluding— 
(A) a comparison of rates of simulator 
usage for military pilots and non-pilot aviators 
within and not within the pre-deployment train-
ing window; and 
(B) an assessment of the suitability of 
training curriculum to address high-end combat 
operations against a near-peer adversary. 
(4) An analysis of aviation squadron size and 
composition, including— 
(A) individual unit-level aircraft allocation; 
(B) aviation platform-specific force struc-
ture; and
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(C) quantity of squadrons within each avia-
tion platform. 
(5) An analysis of aviation squadron manning 
documents on appropriate levels and composition of 
military pilots, non-pilot aviators, and non-aircrew 
for each squadron in support of the most current Na-
tional Defense Strategy, including a consideration 
of— 
(A) appropriate levels and composition of 
military pilots, non-pilot aviators, and non-air-
crew for each squadron in support of such Na-
tional Defense Strategy; 
(B) flight-related workload compared with 
non-flight related workload for military pilots 
and non-pilot aviators; 
(C) the number of different aircraft plat-
forms to which enlisted maintenance personnel 
are expected to be assigned throughout a typical 
career; and 
(D) career training milestones for enlisted 
maintenance personnel, and the effects of such 
milestones on military aviation readiness. 
(6) An analysis of logistics programs in support 
of military aviation readiness, including—
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(A) an evaluation of any shortfalls in logis-
tics programs that serve as contributing factors 
to both military pilot retention and overall read-
iness of military aviation units; 
(B) an analysis of aircraft parts cannibal-
ization rates; 
(C) a determination of average mission ca-
pable ratings for aircraft throughout the various 
stages of the deployment cycle; 
(D) an analysis of rates of reassignment of 
aircraft from non-deploying units to deploying 
units; and 
(E) an identification of individual aircraft 
communities, if any, with strained supply 
chains with single-source suppliers. 
SEC. 1045. REPORT ON CAPABILITIES AND CAPACITIES OF 
ARMORED BRIGADE COMBAT TEAMS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of the Army 
shall submit to the congressional defense committees a re-
port on the capabilities and capacities of Armored Brigade 
Combat Teams (ABCTs). 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following:
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(1) A description of the total number of Armored 
Brigade Combat Teams required to support the Na-
tional Defense Strategy (NDS). 
(2) A description of the manner in which the 
Army plans to equip and field future Armored Bri-
gade Combat Teams. 
(3) A description of the total number of mecha-
nized infantry companies required in support of the 
Armored Brigade Combat Teams. 
(4) A description of steps being taken to improve 
the number and quality of live-fire gunnery exercises 
executed each year, including improving execution of 
battalion and brigade-level combined arms live-fire 
exercises both at home station and at the Combat 
Training Centers. 
(5) A description of training being conducted to 
train Armored Brigade Combat Teams in combined 
arms for air defense and to counter unmanned aerial 
vehicles with organic weapons and tactics. 
(6) A plan to improve personnel preparedness by 
the reduction of non-deployable soldiers and improve-
ments in combat vehicle crew stability and material 
readiness of key combat systems.
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(7) A description of deficiencies in repair parts 
and number of qualified mechanics, and a plan to 
correct such deficiencies. 
(8) A plan for the modernization of the Armored 
Brigade Combat Teams. 
SEC. 1046. IMPROVEMENT OF ANNUAL REPORT ON CIVILIAN 
CASUALTIES IN CONNECTION WITH UNITED 
STATES MILITARY OPERATIONS. 
(a) MODIFICATION AND EXPANSION OF ELEMENTS.— 
Subsection (b) of section 1057 of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 115–91) 
is amended— 
(1) in paragraph (1), by inserting ‘‘, including 
each specific mission, strike, engagement, raid, or in-
cident,’’ after ‘‘military operations’’; 
(2) in paragraph (2)(E), by inserting before the 
period at the end the following: ‘‘, including a dif-
ferentiation between those killed and those injured’’; 
(3) in paragraph (3), by inserting before the pe-
riod at the end the following: ‘‘, and, when appro-
priate, makes ex gratia payments to the victims or 
their families’’; 
(4) by redesignating paragraph (5) as para-
graph (6); and
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(5) by inserting after paragraph (4) the fol-
lowing new paragraph (5): 
‘‘(5) Any update or modification to any report 
under this section during a previous year.’’. 
(b) SCOPE OF UNCLASSIFIED FORM OF REPORT.— 
Subsection (d) of such section is amended by adding at the 
end the following new sentence: ‘‘The unclassified form of 
each report shall, at a minimum, be responsive to each ele-
ment under subsection (b) of a report under subsection (a), 
and shall be made available to the public at the same time 
it is submitted to Congress (unless the Secretary certifies 
in writing that the publication of such information poses 
a threat to the national security interests of the United 
States).’’. 
SEC. 1047. REPORT ON DEPARTMENT OF DEFENSE PARTICI-
PATION IN EXPORT ADMINISTRATION REGU-
LATIONS 
LICENSE 
APPLICATION 
REVIEW 
PROCESS. 
(a) IN GENERAL.—Not later than 180 days after the 
enactment of this Act, and every 180 days thereafter until 
the date that is three years after such date of enactment, 
the Under Secretary of Defense for Policy shall submit to 
the congressional defense committees a report on the partici-
pation by the Department of Defense in the process for re-
viewing applications for export licenses under the Export
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Administration Regulations as a reviewing agency under 
Executive Order 12981 (50 U.S.C. 4603 note; relating to 
administration of export controls). 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) The number of applications for export li-
censes under the Export Administration Regulations 
reviewed by the Department of Defense in the 180-day 
period preceding the submission of the report. 
(2) The number of instances during that 180-day 
period in which the Department disagreed with a 
final determination made with respect to such an ap-
plication under the review procedures set forth in Ex-
ecutive Order 12981. 
(3) A summary of such instances, including— 
(A) a summary of the applicants for such 
licenses and the recipients of items pursuant to 
such licenses in such instances; 
(B) a description of sensitive technologies 
involved in such instances; and 
(C) a description of the rationale of the De-
partment for disagreeing with such determina-
tions. 
(4) The number of such applications under re-
view by the Department or undergoing interagency
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dispute resolution as of the date of the submission of 
the report. 
(c) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form but may include a classi-
fied annex. 
(d) EXPORT
ADMINISTRATION
REGULATIONS
DE-
FINED.—In this section, the term ‘‘Export Administration 
Regulations’’ means subchapter C of chapter VII of title 15, 
Code of Federal Regulations. 
SEC. 1048. AUTOMATIC SUNSET FOR FUTURE STATUTORY 
REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Chapter 23 of title 10, United 
States Code, is amended by inserting after section 480 the 
following new section: 
‘‘§ 480a. Reports to Congress: termination of indefi-
nite-duration reports after three years 
‘‘(a) IN GENERAL.—Any provision of law enacted on 
or after the date of enactment of this section that includes 
an indefinite-duration report requirement shall cease to be 
effective, with respect to that requirement, three years after 
the date of the enactment of that provision of law unless 
that provision of law expressly states that this section is 
inapplicable to that requirement or that provision of law. 
‘‘(b) INDEFINITE-DURATION REPORT REQUIREMENT 
DEFINED.—In this section, the term ‘indefinite-duration re-
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quirement’ means a requirement in any provision of law 
for the Secretary of Defense (or any other officer or em-
ployee of the Department of Defense) to submit to Congress 
(or any committee of Congress) a periodic report for which 
the law does not— 
‘‘(1) state a specific period of time as the period 
during which that report is required to be submitted 
or that provision of law is in effect; or 
‘‘(2) state a specific termination date for the re-
quirement to submit the report or for that provision 
of law. 
‘‘(c) PERIODIC REPORT DEFINED.—In this section, the 
term ‘periodic report’ means a report required to be sub-
mitted on an annual, semiannual, or other regular periodic 
basis.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 23 of such title is amended by in-
serting after the item relating to section 480 the following 
new item: 
‘‘480a. Reports to Congress: termination of indefinite-duration reports after three 
years.’’. 
SEC. 1049. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE 
REPORTING REQUIREMENTS THAT OTHER-
WISE TERMINATE AS OF DECEMBER 31, 2021. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows:
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(1)(A) Section 229, relating to the display of 
budget information for programs for combating ter-
rorism, is repealed. 
(B) The table of sections at the beginning of 
chapter 9 is amended by striking the item relating to 
section 229. 
(2)(A) Section 231a, relating to budgeting for 
life-cycle costs of aircraft for the Navy, Army, and 
Air Force, is repealed. 
(B) The table of sections at the beginning of 
chapter 9 is amended by striking the item relating to 
section 231a. 
(3) Section 2276, relating to commercial space 
launch cooperation, is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f) and (g) 
as subsections (e) and (f), respectively. 
(4) Section 7310, relating to report on repair of 
certain vessels in foreign shipyards, is amended by 
striking subsection (c). 
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2007.—Section 1017 of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109–364; 120 Stat. 2379), relating to obtaining 
carriage by vessel, is amended—
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(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection 
(e). 
(c) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2008.—Section 1034(d) of the National De-
fense Authorization Act for Fiscal Year 2008 (10 U.S.C. 
272 note), relating to distribution of chemical and biologi-
cal agents to non-Federal entities, is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection 
(d). 
(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2009.—Section 1047(d) of the Duncan Hun-
ter National Defense Authorization Act for Fiscal Year 2009 
(10 U.S.C. 2366b note), relating to reports on bandwidth 
requirements for major defense acquisition programs, is 
amended— 
(1) by striking paragraph (2); 
(2) by striking ‘‘(d) FORMAL REVIEW PROCESS 
FOR BANDWIDTH REQUIREMENTS .—’’ and all that 
follows through ‘‘(1) IN GENERAL.—The Secretary’’ 
and inserting the following: 
‘‘(d) FORMAL REVIEW PROCESS FOR BANDWIDTH RE-
QUIREMENTS.—The Secretary’’; and
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(3) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively, and indent-
ing appropriately. 
(e) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2011.—Section 1217 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 (22 
U.S.C. 7513 note), relating to authority to establish a pro-
gram to develop and carry out infrastructure projects in 
Afghanistan, is amended— 
(1) by striking subsection (i); and 
(2) by redesignating subsection (j) as subsection 
(i). 
(f) NATIONAL DEFENSE AUTHORIZATION ACT
FOR 
FISCAL YEAR 2015.—Section 1026 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 127 
Stat. 3490), relating to availability of funds for retirement 
of inactivation of Ticonderoga class cruisers or dock land-
ing ships, is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection 
(d). 
(g) CONFORMING AMENDMENTS.—Section 1061 of the 
National Defense Authorization Act for Fiscal Year 2017 
(10 U.S.C. 111 note) is amended—
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(1) in subsection (c), by striking paragraphs 
(14), (16), (41), and (59); 
(2) in subsection (d), by striking paragraph (3); 
(3) in subsection (g), by striking paragraph (3); 
and 
(4) in subsection (i), by striking paragraphs 
(15), (18), and (24). 
SEC. 1050. REPORT ON POTENTIAL IMPROVEMENTS TO CER-
TAIN MILITARY EDUCATIONAL INSTITUTIONS 
OF THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than December 1, 
2019, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report setting forth the re-
sults of a review and assessment, obtained by the Sec-
retary for purposes of the report, of the potential ef-
fects on the military education provided by the edu-
cational institutions of the Department of Defense 
specified in subsection (b) of the actions described in 
subsection (c). 
(2) CONDUCTING
ORGANIZATION.—The review 
and assessment required for purposes of the report 
shall be performed by an organization selected by the 
Secretary from among organizations independent of
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the Department that have expertise in the analysis of 
matters in connection with higher education. 
(b) EDUCATIONAL INSTITUTIONS
OF
THE DEPART-
MENT OF DEFENSE.—The educational institutions of the 
Department of Defense specified in this subsection are the 
following: 
(1) The senior level service schools and inter-
mediate level service schools (as such terms are de-
fined in section 2151(b) of title 10, United States 
Code). 
(2) The Air Force Institute of Technology. 
(3) The National Defense University. 
(4) The Joint Special Operations University. 
(5) The Army Armament Graduate School. 
(6) Any other military educational institution of 
the Department specified by the Secretary for pur-
poses of this section. 
(c) ACTIONS.—The actions described in this subsection 
with respect to the educational institutions of the Depart-
ment of Defense specified in subsection (b) are the following: 
(1) Modification of admission and graduation 
requirements. 
(2) Reduction or expansion of degree-granting 
authority.
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(3) Reduction or expansion of the acceptance of 
research grants. 
(4) Reduction of the number of attending stu-
dents generally. 
(5) Reduction of the number of attending stu-
dents through the sponsoring of education of an in-
creased number of students at non-Department of De-
fense education institutions of higher education. 
(6) Increase in the frequency of curriculum 
changes to account for emerging subject matters of 
importance to national defense. 
(7) Modification of civilian faculty management 
practices, including employment practices. 
(d) ADDITIONAL ELEMENTS.—In addition to the mat-
ters described in subsection (a), the review and report under 
this section shall also include the following: 
(1) A comparison of admission standards and 
graduation requirements of the educational institu-
tions of the Department of Defense specified in sub-
section (b) with admission standards and graduation 
requirements of public and private institutions of 
higher education that are comparable to the edu-
cational institutions of the Department of Defense. 
(2) A comparison of the goals and missions of 
the educational institutions of the Department of De-
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fense specified in subsection (b) with the goals and 
missions of such public and private institutions of 
higher education. 
(3) Any other matters the Secretary considers 
appropriate for purposes of this section. 
SEC. 1051. RECRUITING COSTS OF THE ARMED FORCES. 
(a) BRIEFING REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall brief the Committees on Armed Services of 
the Senate and the House of Representatives on the results 
of a study, conducted by the Secretary for purposes of the 
briefing, on the costs of the Armed Forces in recruiting for 
members of the Armed Forces. 
(b) ELEMENTS.—The briefing required by subsection 
(a) shall include the following: 
(1) A description of the recruiting costs of each 
Armed Force in each of fiscal years 2010 through 
2019. 
(2) An estimate of the recruiting costs of each 
Armed Force in each of fiscal years 2020 through 
2024. 
(3) A description of the factors that contributed 
significantly to the recruiting costs of the Armed 
Forces during fiscal years 2010 through 2019.
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(4) Any other matters in connection with the re-
cruiting costs of the Armed Forces that the Secretary 
considers appropriate. 
Subtitle F—Other Matters 
SEC. 1061. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA 
DIOXIN CLEANUP. 
(a) TRANSFER AUTHORITY.—Notwithstanding section 
2215 of title 10, United States Code, the Secretary of De-
fense may transfer to the Secretary of State, for use by the 
United States Agency for International Development, 
amounts to be used for the Bien Hoa dioxin cleanup in 
Vietnam. 
(b) LIMITATION
ON
AMOUNTS.—Not more than 
$15,000,000 may be transferred in each of fiscal years 2019 
through 2027 under the authority in subsection (a). 
(c) SOURCE OF FUNDS.—The Secretary of Defense 
may transfer funds appropriated to the Department of De-
fense for ‘‘Operation and Maintenance, Defense-wide’’ 
under the authority in subsection (a) . 
(d) ADDITIONAL TRANSFER AUTHORITY.—The trans-
fer authority provided under subsection (a) is in addition 
to any other transfer authority available to the Department 
of Defense.
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SEC. 1062. IMPROVEMENT OF DATABASE ON EMERGENCY 
RESPONSE CAPABILITIES. 
(a) IN GENERAL.—Section 1406 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2436; 10 U.S.C. 113 note) 
is amended— 
(1) by inserting before ‘‘The Secretary’’ the fol-
lowing: ‘‘(a) DATABASE REQUIRED.—’’; 
(2) in subsection (a), as designated by para-
graph (1)— 
(A) in paragraph (1)— 
(i) by striking ‘‘each States’s National 
Guard, as reported by the States’’ and in-
serting ‘‘the National Guard of each State 
and Territory, as reported by the States 
and Territories’’; and 
(ii) by inserting ‘‘and Territories’’ 
after ‘‘their home States’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(3) Cyber capabilities of the National Guard 
identified by the Department as critical for response 
to domestic natural or manmade disasters. 
‘‘(4) Cyber capabilities of the other reserve com-
ponents of the Armed Forces identified by the Depart-
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ment as critical for response to domestic natural or 
manmade disasters.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) INFORMATION REQUIRED TO KEEP DATABASE 
CURRENT.—In maintaining the database required by sub-
section (a), the Secretary shall identify and revise the infor-
mation required to be included in the database at least once 
every two years for purposes of keeping the database cur-
rent.’’. 
(b) ESTABLISHMENT OF DATABASE.— 
(1) DEADLINE FOR ESTABLISHMENT.—The Sec-
retary of Defense shall establish the database required 
by section 1406 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007, as amended 
by subsection (a), by not later than one year after the 
date of the enactment of this Act. 
(2) USE OF EXISTING DATABASE OR SYSTEM FOR 
CERTAIN CAPABILITIES.—The Secretary may meet the 
requirement with respect to the capabilities described 
in subsection (a)(1) of section 1406 of the John War-
ner National Defense Authorization Act for Fiscal 
Year 2007, as so amended, in connection with the 
database required by that section through use or 
modification of a current database or tracking system
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of the Department of Defense if the Secretary deter-
mines that such action will— 
(A) expedite compliance with the require-
ment; and 
(B) achieve such compliance at a cost not 
greater than the cost of establishing anew the 
database otherwise covered by the requirement. 
SEC. 1063. ACCEPTANCE AND DISTRIBUTION BY DEPART-
MENT OF DEFENSE OF ASSISTANCE FROM 
CERTAIN NONPROFIT ENTITIES IN SUPPORT 
OF MISSIONS OF DEPLOYED UNITED STATES 
PERSONNEL AROUND THE WORLD. 
(a) FINDING.—The Senate finds that Spirit of Amer-
ica, a privately-funded, nonpartisan, nonprofit organiza-
tion, acting in partnership with the Department of Defense, 
has made an important contribution in supporting the mis-
sions of deployed United States personnel around the world. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that United States military commanders should, consistent 
with applicable laws, regulations, and guidance developed 
consistent with section 1088 of the National Defense Author-
ization Act for Fiscal Year 2018 (Public Law 115–91), col-
laborate with and provide transportation and other 
logistical support to covered non-Federal entities, including
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Spirit of America, to advance the military missions of the 
Armed Forces. 
(c) DISTRIBUTION OF COVERED NON-FEDERAL ENTITY 
ASSISTANCE ABROAD THROUGH DEPARTMENT
OF DE-
FENSE.— 
(1) ACCEPTANCE AND COORDINATION OF ASSIST-
ANCE.—The Department of Defense (including mem-
bers of the Armed Forces) may, at the discretion of 
the Secretary of Defense and in accordance with guid-
ance issued by the Secretary and developed in coordi-
nation with the Secretary of State and the Adminis-
trator of the United States Agency for International 
Development— 
(A) accept from any covered non-Federal 
entity humanitarian, economic, and other non-
lethal assistance funded by private funds in the 
carrying out of the purposes of such entity; and 
(B) respond to requests from covered non- 
Federal entities for the identification of the needs 
of local populations abroad for assistance, and 
coordinate with such entitites in the provision 
and distribution of such assistance, in the car-
rying out of such purposes. 
(2) DISTRIBUTION
OF
ASSISTANCE
TO
LOCAL 
POPULATIONS.—In accordance with guidance issued
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by the Secretary of Defense, and developed in coordi-
nation with the Secretary of State and the Adminis-
trator of the United States Agency for International 
Development, members of the Armed Forces abroad 
may provide to local populations abroad humani-
tarian, economic, and other nonlethal assistance pro-
vided to the Department by a covered non-Federal en-
tity pursuant to this subsection. 
(3) SCOPE OF GUIDANCE.—The guidance issued 
pursuant to this subsection shall ensure that any as-
sistance distributed pursuant to this subsection shall 
be for purposes of supporting the mission or missions 
of the Department and the Armed Forces for which 
such assistance is provided by a covered non-Federal 
entity. 
(4) DOD SUPPORT FOR ENTITY ACTIVITIES.—In 
accordance with guidance issued by the Secretary of 
Defense, the Department, and the Armed Forces 
may— 
(A) provide transportation, lodging, storage, 
and other logistical support— 
(i) to personnel of a covered non-Fed-
eral entity (whether in the United States or 
abroad) who are carrying out the purposes 
of such entity; and
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(ii) in connection with the acceptance 
and distribution of assistance provided by a 
covered non-Federal entity; and 
(B) use assets of the Department and the 
Armed Forces in the provision of support de-
scribed in subparagraph (A). 
(d) COVERED NON-FEDERAL ENTITY DEFINED.—In 
this section, the term ‘‘covered non-Federal entity’’ means 
the following: 
(1) Spirit of America, a privately-funded, non-
partisan, nonprofit organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 that 
is exempt from taxation under section 501(a) of such 
Code. 
(2) Any other organization that— 
(A) is based in the United States; 
(B) has an independent board of directors 
and is subject to independent financial audits; 
(C) is substantially privately-funded; 
(D) is described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of such Code; 
and 
(E) provides international assistance.
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SEC. 1064. UNITED STATES POLICY WITH RESPECT TO 
FREEDOM OF NAVIGATION AND OVERFLIGHT. 
(a) DECLARATION OF POLICY.—It is the policy of the 
United States to fly, sail, and operate throughout the 
oceans, seas, and airspace of the world wherever inter-
national law allows. 
(b) IMPLEMENTATION OF POLICY.—In furtherance of 
the policy set forth in subsection (a), the Secretary of De-
fense should— 
(1) plan and execute a robust series of routine 
and regular air and naval presence missions through-
out the world and throughout the year, including for 
critical transportation corridors and key routes for 
global commerce; 
(2) in addition to the missions executed pursu-
ant to paragraph (1), execute routine and regular air 
and maritime freedom of navigation operations 
throughout the year, in accordance with international 
law, including the use of expanded military options 
and maneuvers beyond innocent passage; and 
(3) to the maximum extent practicable, execute 
the missions pursuant to paragraphs (1) and (2) with 
regional partner countries and allies of the United 
States.
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SEC. 1065. PROHIBITION OF FUNDS FOR CHINESE LAN-
GUAGE INSTRUCTION PROVIDED BY A CON-
FUCIUS INSTITUTE. 
(a) PROHIBITION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2019 under this Act may be obligated or ex-
pended for Chinese language instruction provided by a Con-
fucius Institute. 
(b) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2019 under this Act may be obligated or ex-
pended to support a Chinese language program at an insti-
tution of higher education that hosts a Confucius Institute. 
(c) WAIVER.—The Under Secretary of Defense for Per-
sonnel and Readiness may waive the limitation in sub-
section (b) with respect to a Chinese language program at 
a specific institution of higher education if the Under Sec-
retary of Defense for Personnel and Readiness— 
(1) certifies to the congressional defense commit-
tees that— 
(A) Confucius Institute employees and in-
structors will have no affiliation with the pro-
gram; 
(B) Confucius Institute employees and in-
structors will provide no instruction or support 
to the program;
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(C) Confucius Institute employees and in-
structors will have no authority or influence 
with regard to the curriculum and activities of 
the program; and 
(D) the institution has made publicly avail-
able all memoranda of understanding, contracts, 
and other agreements between the institution and 
the Confucius Institute, or between the institu-
tion and any agency of or organization affiliated 
with the government of the People’s Republic of 
China; or 
(2) certifies to the congressional defense commit-
tees that— 
(A) the requirements described in subpara-
graphs (A) through (C) of paragraph (1) have 
been met; and 
(B) the waiver of the limitation in sub-
section (b) is necessary for national security, and 
there is no reasonable alternative to issuing the 
waiver. 
(d) DEFINITIONS.— 
(1) CHINESE
LANGUAGE
PROGRAM.—The term 
‘‘Chinese language program’’ means any Department 
of Defense program designed to provide or support 
Chinese language instruction, including the National
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Security Education Program, the Language Flagship 
program, Project Global Officer, and the Language 
Training Centers program. 
(2) CONFUCIUS INSTITUTE.—The term ‘‘Confu-
cius Institute’’ means a Confucius Institute that is 
operated by the Office of Chinese Languages Council 
International, also known as Hanban, which is affili-
ated with the Ministry of Education of the People’s 
Republic of China. 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.). 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—Department of Defense 
Matters 
SEC. 1101. INAPPLICABILITY OF CERTIFICATION OF EXECU-
TIVE QUALIFICATIONS BY QUALIFICATION 
REVIEW BOARDS OF OFFICE OF PERSONNEL 
MANAGEMENT FOR INITIAL APPOINTMENTS 
TO SENIOR EXECUTIVE SERVICE POSITIONS 
IN DEPARTMENT OF DEFENSE. 
(a) TEMPORARY INAPPLICABILITY.—Notwithstanding 
section 3393(c) of title 5, United States Code, or any regula-
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tions implementing that section, and subject to the provi-
sions of this section, the Secretary of Defense may appoint 
individuals for service in the Senior Executive Service of 
the Department of Defense without such individuals being 
subject to the certification of executive qualifications by a 
qualification review board of the Office of Personnel Man-
agement in connection with such appointment otherwise re-
quired by that section. 
(b) QUALIFICATIONS OF INDIVIDUALS APPOINTED.— 
The Secretary shall ensure that individuals appointed 
under this section possess the necessary qualifications and 
experience for the position to which appointed. 
(c) LIMITATION.—The total number of appointments 
made under this section in any year may not exceed 50 
appointments. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall submit to the committees of Congress and 
official specified in paragraph (3) a report on the 
number and type of appointments made under this 
section as of the date of the report, including— 
(A) a description of the qualifications of the 
individuals appointed; and
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(B) data on the time required to appoint 
the individuals. 
(2) FINAL REPORT.—Not later than two years 
after the date of the enactment of this Act, the Sec-
retary shall submit to the committees of Congress and 
official specified in paragraph (3) a report on the use 
of the authority in this section. The report shall in-
clude the following: 
(A) The number and type of appointments 
made under this section during the one-year pe-
riod ending on the date of the report. 
(B) Data on and an assessment whether ap-
pointments under the authority in this section 
reduced the time to hire when compared with the 
time to hire under the current review system of 
the Office of Personnel Management. 
(C) An assessment of the utility of the ap-
pointment authority and process under this sec-
tion. 
(D) An assessment whether the appoint-
ments made under this section resulted in higher 
quality new executives for the Senior Executive 
Service of the Department when compared with 
the executives produced under the current review 
system of the Office of Personnel Management.
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(E) Any recommendation for the improve-
ment of the selection and qualification process 
for the Senior Executive Service of the Depart-
ment that the Secretary considers necessary in 
order to attract and hire highly qualified can-
didates for service in that Senior Executive Serv-
ice. 
(3) COMMITTEES OF CONGRESS AND OFFICIAL.— 
The committees of Congress and official specified in 
this paragraph are— 
(A) the Committee on Armed Services and 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate; 
(B) the Committee on Armed Services and 
the Committee on Oversight and Government Re-
form of the House of Representatives; and 
(C) the Director of the Office of Personnel 
Management. 
(e) SUNSET.—Subsection (a) shall cease to be effective 
on the date that is two years after the date of the enactment 
of this Act.
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SEC. 1102. DIRECT HIRE AUTHORITY FOR SCIENCE AND 
TECHNOLOGY REINVENTION LABORATORIES 
AND MAJOR RANGE AND TEST FACILITIES 
BASE 
FACILITIES 
FOR 
RECENT 
SCIENCE, 
TECHNOLOGY, ENGINEERING, AND MATHE-
MATICS GRADUATES OF MINORITY-SERVING 
INSTITUTIONS. 
(a) AUTHORITY TO MAKE DIRECT APPOINTMENTS.— 
The director of any facility specified in subsection (b) may 
appoint any qualified recent graduate of a covered edu-
cational institution with a degree in science, technology, en-
gineering, or mathematics to a position at such facility de-
scribed in subsection (d) without regard to the provisions 
of subchapter I of chapter 33 of title 5, United States Code. 
(b) FACILITIES.—A facility specified in this subsection 
is any facility as follows: 
(1) A science and technology reinvention labora-
tory of the Department of Defense, as designated pur-
suant to section 1105(a) of the National Defense Au-
thorization Act for Fiscal Year 2010 (10 U.S.C. 2358 
note). 
(2) A facility of the Major Range and Test Fa-
cilities Base of the Department. 
(c) RECENT GRADUATES.—For purposes of this sec-
tion, a person is a recent graduate of a covered educational 
institution if—
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(1) the person was awarded a degree by the in-
stitution not more than two years before the date of 
the appointment of the person pursuant to this sec-
tion; or 
(2) in the case of any person who has completed 
a period of obligated service in a uniformed service of 
more than four years as of the date the appointment 
of the person pursuant to this section, the person was 
awarded a degree by the institution not more than 
four years before such date of appointment. 
(d) COVERED POSITIONS.—The positions to which per-
sons may be appointed pursuant to this section at a facility 
specified in subsection (b) are scientific and engineering po-
sitions at the facility. 
(e) DURATION OF APPOINTMENT.—Any appointment 
pursuant to this section may be made on a temporary, 
term, or permanent basis, at the election of the director of 
the facility making such appointment. 
(f) COVERED EDUCATIONAL INSTITUTION DEFINED.— 
In this section, the term ‘‘covered educational institution’’ 
has the meaning given that term in section 2362(e) of title 
10, United States Code. 
(g) SUNSET.— 
(1) IN GENERAL.—The authority to make ap-
pointments under this section shall expire on the date
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that is five years after the date of the enactment of 
this Act. 
(2) CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to terminate an appointment made 
under this section before the expiration date provided 
in that paragraph in accordance with the terms of 
such appointment. 
SEC. 1103. INCLUSION OF STRATEGIC CAPABILITIES OFFICE 
AND DEFENSE INNOVATION UNIT EXPERI-
MENTAL OF THE DEPARTMENT OF DEFENSE 
IN PERSONNEL MANAGEMENT AUTHORITY TO 
ATTRACT EXPERTS IN SCIENCE AND ENGI-
NEERING. 
(a) IN GENERAL.—Subsection (a) of section 1599h of 
title 10, United States Code, is amended by adding at the 
end the following new paragraphs: 
‘‘(4) STRATEGIC CAPABILITIES OFFICE.—The Di-
rector of the Strategic Capabilities Office may carry 
out a program of personnel management authority 
provided in subsection (b) in order to facilitate re-
cruitment of eminent experts in science or engineering 
for the Office. 
‘‘(5) DIUx.—The Director of the Defense Innova-
tion Unit Experimental may carry out a program of 
personnel management authority provided in sub-
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section (b) in order to facilitate recruitment of emi-
nent experts in science or engineering for the Unit.’’. 
(b) SCOPE OF APPOINTMENT AUTHORITY.—Subsection 
(b)(1) of such section is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(D) in the case of the Strategic Capabili-
ties Office, appoint scientists and engineers to a 
total of not more than 5 scientific and engineer-
ing positions in the Office; and 
‘‘(E) in the case of the Defense Innovation 
Unit Experimental, appoint scientists and engi-
neers to a total of not more than 5 scientific and 
engineering positions in the Unit;’’. 
(c) EXTENSION OF TERMS OF APPOINTMENT.—Sub-
section (c)(2) of such section is amended by striking ‘‘or 
the Office of Operational Test and Evaluation’’ and insert-
ing ‘‘the Office of Operational Test and Evaluation, the 
Strategic Capabilities Office, or the Defense Innovation 
Unit Experimental’’.
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SEC. 1104. ENHANCEMENT OF FLEXIBLE MANAGEMENT AU-
THORITIES FOR SCIENCE AND TECHNOLOGY 
REINVENTION LABORATORIES OF THE DE-
PARTMENT OF DEFENSE. 
(a) ENHANCEMENT
OF NONCOMPETITIVE CONVER-
SIONS OF APPOINTMENTS OF STUDENTS ENROLLED IN SCI-
ENTIFIC
AND
ENGINEERING
PROGRAMS.—Section 
2358a(a)(4) of title 10, United States Code, is amended— 
(1) in the paragraph heading, by striking ‘‘TO 
PERMANENT
APPOINTMENT’’ and inserting ‘‘OF
AP-
POINTMENTS’’; and 
(2) by striking ‘‘to a permanent appointment’’ 
and inserting ‘‘to another temporary appointment or 
to a term or permanent appointment’’. 
(b) ENHANCEMENT OF PILOT PROGRAM ON DYNAMIC 
SHAPING OF WORKFORCE TECHNICAL SKILLS AND EXPER-
TISE.—Section 1109(b)(1)(A) of the National Defense Au-
thorization Act for Fiscal Year 2016 (Public Law 114–92; 
129 Stat. 1028; 10 U.S.C. 2358 note) is amended by strik-
ing ‘‘to appoint’’ and all that follows and inserting ‘‘to 
make appointments as follows: 
‘‘(i) Appointment of qualified scientific 
and technical personnel who are not current 
Department of Defense civilian employees 
into any scientific or technical position in
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the laboratory for a period of more than one 
year but not more than six years. 
‘‘(ii) Appointment of qualified sci-
entific and technical personnel who are De-
partment civilian employees in term ap-
pointments into any scientific or technical 
position in the laboratory for a period of 
more than one year but not more than six 
years.’’. 
SEC. 1105. INCLUSION OF OFFICE OF SECRETARY OF DE-
FENSE AMONG COMPONENTS OF THE DE-
PARTMENT OF DEFENSE COVERED BY DIRECT 
HIRE AUTHORITY FOR FINANCIAL MANAGE-
MENT EXPERTS. 
Section 1110(f) of the National Defense Authorization 
Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is 
amended— 
(1) by redesignating paragraphs (1) through (9) 
as paragraphs (2) through (10), respectively; and 
(2) by inserting before paragraph (2) the fol-
lowing new paragraph (1): 
‘‘(1) The Office of the Secretary of Defense.’’.
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SEC. 1106. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEM-
BERS AT THE JOINT SPECIAL OPERATIONS 
UNIVERSITY. 
Section 1595(c) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(5) The Joint Special Operations University.’’. 
Subtitle B—Government-Wide 
Matters 
SEC. 1121. ALCOHOL TESTING OF CIVIL SERVICE MARINERS 
OF THE MILITARY SEALIFT COMMAND AS-
SIGNED TO VESSELS. 
(a) ALCOHOL TESTING.—Chapter 643 of title 10, 
United States Code, is amended by inserting after section 
7479 the following new section: 
‘‘§ 7479a. Civil service mariners of Military Sealift 
Command: alcohol testing 
‘‘The Secretary of the Navy may prescribe regulations 
establishing a program to conduct on-duty reasonable sus-
picion alcohol testing and post-accident alcohol testing of 
civil service mariners of the Military Sealift Command who 
are assigned to vessels.’’. 
(b) RELEASE OF ALCOHOL TEST RESULTS.— 
(1) IN GENERAL.—Section 7479 of such title is 
amended— 
(A) in the heading of subsection (a), by in-
serting ‘‘OR ALCOHOL’’ after ‘‘DRUG’’; and
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(B) by inserting ‘‘or alcohol’’ after ‘‘drug’’ 
each place it appears. 
(2) HEADING AMENDMENT.—The heading of such 
section is amended to read as follows: 
‘‘§ 7479. Civil service mariners of Military Sealift 
Command: release of drug and alcohol 
test results to Coast Guard’’. 
(c) TABLE OF SECTIONS AMENDMENT.—The table of 
sections at the beginning of chapter 643 of such title is 
amended by striking the item relating to section 7479 and 
inserting the following new items: 
‘‘7479. Civil service mariners of Military Sealift Command: release of drug and 
alcohol test results to Coast Guard. 
‘‘7479a. Civil service mariners of Military Sealift Command: alcohol testing.’’. 
SEC. 1122. EXPEDITED HIRING AUTHORITY FOR COLLEGE 
GRADUATES AND POST SECONDARY STU-
DENTS. 
(a) IN GENERAL.—Subchapter I of chapter 31 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 3115. Expedited hiring authority for college grad-
uates; competitive service 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means the 
Director of the Office of Personnel Management. 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning
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given the term in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)). 
‘‘(b) APPOINTMENT.— 
‘‘(1) IN GENERAL.—The head of an agency may 
appoint, without regard to any provision of sections 
3309 through 3319 and 3330, a qualified individual 
to a position in the competitive service classified in 
a professional or administrative occupational cat-
egory at the GS–11 level, or an equivalent level, or 
below. 
‘‘(2) RESTRICTIONS.—An appointment under 
paragraph (1) shall be made in accordance with regu-
lations prescribed by the Director. 
‘‘(c) QUALIFICATIONS FOR APPOINTMENT.—The head 
of an agency may make an appointment under subsection 
(b) only if the individual being appointed— 
‘‘(1) has received a baccalaureate or graduate de-
gree from an institution of higher education; 
‘‘(2) applies for the position— 
‘‘(A) not later than 2 years after the date 
on which the individual being appointed received 
the degree described in paragraph (1); or 
‘‘(B) in the case of an individual who has 
completed a period of not less than 4 years of ob-
ligated service in a uniformed service, not later
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† HR 5515 EAS 
than 2 years after the date of the discharge or re-
lease of the individual from that service; and 
‘‘(3) meets each minimum qualification standard 
prescribed by the Director for the position to which 
the individual is being appointed. 
‘‘(d) PUBLIC NOTICE AND ADVERTISING.— 
‘‘(1) IN GENERAL.—The head of an agency mak-
ing an appointment under subsection (b) shall pub-
licly advertise positions under this section. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the head of an agency shall— 
‘‘(A) adhere to merit system principles; 
‘‘(B) advertise positions in a manner that 
provides for diverse and qualified applicants; 
and 
‘‘(C) ensure potential applicants have ap-
propriate information relevant to the positions 
available. 
‘‘(e) LIMITATION ON APPOINTMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the total number of employees that the 
head of an agency may appoint under this section 
during a fiscal year may not exceed the number equal 
to 15 percent of the number of individuals that the 
agency head appointed during the previous fiscal year
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to a position in the competitive service classified in 
a professional or administrative occupational cat-
egory, at the GS–11 level, or an equivalent level, or 
below, under a competitive examining procedure. 
‘‘(2) EXCEPTIONS.—Under a regulation pre-
scribed under subsection (f), the Director may estab-
lish a lower limit on the number of individuals that 
may be appointed under paragraph (1) of this sub-
section during a fiscal year based on any factor the 
Director considers appropriate. 
‘‘(f) REGULATIONS.—Not later than 180 days after the 
date of enactment of this section, the Director shall issue 
interim regulations, with an opportunity for comment, for 
the administration of this section. 
‘‘(g) REPORTING.— 
‘‘(1) IN GENERAL.—Not later than September 30 
of each of the first 3 fiscal years beginning after the 
date of enactment of this section, the head of an agen-
cy that makes an appointment under this section 
shall submit a report to— 
‘‘(A) Congress that assesses the impact of 
the use of the authority provided under this sec-
tion during the fiscal year in which the report 
is submitted; and
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† HR 5515 EAS 
‘‘(B) the Director that contains data that 
the Director considers necessary for the Director 
to assess the impact and effectiveness of the au-
thority described in subparagraph (A). 
‘‘(2) CONTENT.—The head of an agency shall in-
clude in each report under paragraph (1)— 
‘‘(A) the total number of individuals ap-
pointed by the agency under this section, as well 
as the number of such individuals who are— 
‘‘(i) minorities or members of other 
underrepresented groups; or 
‘‘(ii) veterans; 
‘‘(B) recruitment sources; 
‘‘(C) the total number of individuals ap-
pointed by the agency during the applicable fis-
cal year to a position in the competitive service 
classified in a professional or administrative oc-
cupational category at the GS–11 level, or an 
equivalent level, or below; and 
‘‘(D) any additional data specified by the 
Director. 
‘‘(h) SPECIAL PROVISION REGARDING THE DEPART-
MENT OF DEFENSE.— 
‘‘(1) AUTHORITY.—Nothing in this section shall 
preclude the Secretary of Defense from exercising any
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authority to appoint a recent graduate under section 
1106 of the National Defense Authorization Act for 
Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any 
applicable successor statute. 
‘‘(2) REGULATIONS.—Any regulations prescribed 
by the Director for the administration of this section 
shall not apply to the Department of Defense during 
the period ending on the date on which the appoint-
ment authority of the Secretary of Defense under sec-
tion 1106 of the National Defense Authorization Act 
for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or 
any applicable successor statute, terminates. 
‘‘§ 3116. Expedited hiring authority for post-secondary 
students; competitive service 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means the 
Director of the Office of Personnel Management. 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning 
given the term in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)). 
‘‘(3) STUDENT.—The term ‘student’ means an 
individual enrolled or accepted for enrollment in an 
institution of higher education who is pursuing a bac-
calaureate or graduate degree on at least a part-time
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† HR 5515 EAS 
basis as determined by the institution of higher edu-
cation. 
‘‘(b) APPOINTMENT.— 
‘‘(1) IN GENERAL.—The head of an agency may 
make a time-limited appointment of a student, with-
out regard to any provision of sections 3309 through 
3319 and 3330, to a position in the competitive serv-
ice at the GS–11 level, or an equivalent level, or below 
for which the student is qualified. 
‘‘(2) RESTRICTIONS.—An appointment under 
paragraph (1) shall be made in accordance with regu-
lations prescribed by the Director. 
‘‘(c) PUBLIC NOTICE.— 
‘‘(1) IN GENERAL.—The head of an agency mak-
ing an appointment under subsection (b) shall pub-
licly advertise positions available under this section. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the head of an agency shall— 
‘‘(A) adhere to merit system principles; 
‘‘(B) advertise positions in a manner that 
provides for diverse and qualified applicants; 
and 
‘‘(C) ensure potential applicants have ap-
propriate information relevant to the positions 
available.