296 
(iii) in paragraphs (1)(A), (2)(A), 
(3)(A), (3)(B), and (4)(A), by striking 
‘‘$500,000’’ and inserting ‘‘$2,500,000’’; 
and 
(iv) in paragraph (2)(B), by striking 
‘‘$500,000’’ and inserting ‘‘$750,000’’; 
(B) in subsection (f), by striking ‘‘October 
13, 1994’’ and inserting ‘‘June 30, 2018’’; and 
(C) in subsection (g), by striking ‘‘to the 
amount’’ and all that follows through ‘‘higher 
multiple of $50,000.’’ and inserting ‘‘in accord-
ance with section 1908.’’. 
(b) MODIFICATION TO AUTHORITY TO REQUIRE SUB-
MISSION.—Paragraph (1) of section 2306a(d) of title 10, 
United States Code, is amended by striking ‘‘the con-
tracting officer shall require submission of’’ and all the 
follows through ‘‘to the extent necessary’’ and inserting 
‘‘the offeror shall be required to submit to the contracting 
officer data other than certified cost or pricing data (if 
requested by the contracting officer), to the extent nec-
essary’’. 
(c) COMPTROLLER GENERAL REVIEW OF MODIFICA-
TIONS TO COST OR PRICING DATA SUBMISSION REQUIRE-
MENTS.—Not later than March 1, 2022, the Comptroller 
General of the United States shall submit to the congres-
297 
sional defense committees a report on the implementation 
and effect of the amendments made by subsections (a) and 
(b). 
(d) REQUIREMENTS
FOR
DEFENSE
CONTRACT 
AUDIT AGENCY REPORT.— 
(1) IN GENERAL.—Section 2313a of title 10, 
United States Code, is amended— 
(A) in subsection (a)(2)— 
(i) in subparagraph (A)— 
(I) by inserting ‘‘and dollar 
value’’ after ‘‘number’’; and 
(II) by inserting ‘‘, set forth sep-
arately by type of audit’’ after ‘‘pend-
ing’’; 
(ii) in subparagraph (C), by inserting 
‘‘, both from the date of receipt of a quali-
fied incurred cost submission and from the 
date the audit begins’’ after ‘‘audit’’; 
(iii) by amending subparagraph (D) to 
read as follows: 
‘‘(D) the sustained questioned costs, set 
forth separately by type of audit, both as a 
total value and as a percentage of the total 
questioned costs for the audit;’’;
298 
(iv) by striking subparagraph (E); 
and 
(v) by inserting after subparagraph 
(D) the following new subparagraphs: 
‘‘(E) the total number and dollar value of 
incurred cost audits completed, and the method 
by which such incurred cost audits were com-
pleted; 
‘‘(F) the aggregate cost of performing au-
dits, set forth separately by type of audit; 
‘‘(G) the ratio of sustained questioned 
costs to the aggregate costs of performing au-
dits, set forth separately by type of audit; and 
‘‘(H) the total number and dollar value of 
audits that are pending for a period longer than 
one year as of the end of the fiscal year covered 
by the report, and the fiscal year in which the 
qualified submission was received, set forth sep-
arately by type of audit;’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(d) DEFINITIONS.— 
‘‘(1) The terms ‘incurred cost audit’ and ‘quali-
fied incurred cost submission’ have the meaning 
given those terms in section 2313b of this title.
299 
‘‘(2) The term ‘sustained questioned costs’ 
means questioned costs that were recovered by the 
Federal Government as a result of contract negotia-
tions related to such questioned costs.’’. 
(2) EXEMPTION TO REPORT TERMINATION RE-
QUIREMENTS.—Section 1080 of the National De-
fense Authorization Act for Fiscal Year 2016 (Pub-
lic Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 
note), as amended by section 1061(j) of the National 
Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328), does not apply to the report 
required to be submitted to Congress under section 
2313a of title 10, United States Code. 
(e) ADJUSTMENT
TO VALUE
OF COVERED CON-
TRACTS FOR REQUIREMENTS RELATING TO ALLOWABLE 
COSTS.—Subparagraph (B) of section 2324(l)(1) of title 
10, United States Code, is amended by striking ‘‘to the 
equivalent’’ and all that follows through ‘‘higher multiple 
of $50,000.’’ and inserting ‘‘in accordance with section 
1908 of title 41.’’.
300 
PART II—EARLY INVESTMENTS IN ACQUISITION 
PROGRAMS 
SEC. 811. REQUIREMENT TO EMPHASIZE RELIABILITY AND 
MAINTAINABILITY IN WEAPON SYSTEM DE-
SIGN. 
(a) SUSTAINMENT FACTORS
IN WEAPON SYSTEM 
DESIGN.— 
(1) IN
GENERAL.—Chapter 144 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2442. Sustainment factors in weapon system design 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
ensure that the defense acquisition system gives ample em-
phasis to sustainment factors, particularly those factors 
that are affected principally by the design of a weapon 
system, in the development of a weapon system. 
‘‘(b) REQUIREMENTS PROCESS.—The Secretary shall 
ensure that reliability and maintainability are included in 
the performance attributes of the key performance param-
eter on sustainment during the development of capabilities 
requirements. 
‘‘(c) SOLICITATION AND AWARD OF CONTRACTS.— 
‘‘(1) REQUIREMENT.—The program manager of 
a weapon system shall include in the solicitation for 
and terms of a covered contract for the weapon sys-
tem clearly defined and measurable requirements for
301 
engineering activities and design specifications for 
reliability and maintainability. 
‘‘(2) EXCEPTION.—If the program manager de-
termines that engineering activities and design speci-
fications for reliability or maintainability should not 
be a requirement in a covered contract, the program 
manager shall document in writing the justification 
for the decision. 
‘‘(3) SOURCE SELECTION CRITERIA.—The Sec-
retary shall ensure that sustainment factors, includ-
ing reliability and maintainability, are given ample 
emphasis in the process for source selection. The 
Secretary shall encourage the use of objective reli-
ability and maintainability criteria in the evaluation 
of competitive proposals. 
‘‘(d) CONTRACT PERFORMANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that the Department of Defense uses best practices 
for responding to the positive or negative perform-
ance of a contractor in meeting the sustainment re-
quirements of a covered contract for a weapon sys-
tem. The Secretary shall encourage the use of incen-
tive fees authorized in paragraph (2) in all covered 
contracts for weapons systems. The Secretary shall 
take the necessary actions to enable program offices
302 
to execute the recovery options required for each 
covered contract under paragraph (3). 
‘‘(2) AUTHORITY FOR INCENTIVE FEES.—The 
Secretary of Defense is authorized to pay an incen-
tive fee to a contractor that exceeds the design speci-
fication requirements for reliability or maintain-
ability for a covered contract. In exercising the au-
thority provided in this paragraph, the Secretary 
may provide in the terms of the contract for the 
payment of an incentive fee to a contractor not later 
than the date of acceptance of the last item under 
the contract. 
‘‘(3) RECOVERY
OPTIONS.—(A) Any covered 
contract for a weapon system shall include terms for 
amounts to be paid by the contractor to the Govern-
ment for failure to meet the design specification re-
quirements for reliability and maintainability of the 
contract by the date of acceptance of the last item 
under the contract. Terms for such amounts shall be 
included in the solicitation for the contract. Such 
terms shall include provisions providing that— 
‘‘(i) the contractor, at no or minimal cost 
to the Government as determined by the Sec-
retary and included in the contract, identifies 
the cause of the failure in the system design,
303 
develops an engineering change, and, in the 
case of a production contract, modifies all end 
items to be delivered or already delivered under 
the contract; or 
‘‘(ii) the contractor provides the Govern-
ment— 
‘‘(I) a refund in the amount required 
to identify the cause of the failure in the 
system design, develop an engineering 
change, and modify all end items delivered 
under the contract; and 
‘‘(II) associated technical data re-
quired to make the necessary modifica-
tions. 
‘‘(B) The Secretary may waive the requirement 
in subparagraph (A) with respect to a covered con-
tract if the Secretary determines that such require-
ment is not in the national security interests of the 
United States. 
‘‘(4) MEASUREMENT
OF
RELIABILITY
AND 
MAINTAINABILITY.—In carrying out paragraphs (2) 
and (3), the program manager shall base determina-
tions of a contractor’s performance on reliability and 
maintainability data collected during developmental 
testing and operational testing.
304 
‘‘(e) COVERED CONTRACT DEFINED.—In this sec-
tion, the term ‘covered contract’, with respect to a weapon 
system, means a contract— 
‘‘(1) for the engineering and manufacturing de-
velopment of a weapon system; or 
‘‘(2) for the production of a weapon system.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter I of such chap-
ter is amended by adding at the end the following 
new item: 
‘‘2442. Sustainment factors in weapon system design.’’. 
(b) EFFECTIVE DATE FOR CERTAIN PROVISIONS.— 
Subsections (c) and (d) of section 2442 of title 10, United 
States Code, as added by subsection (a), shall apply with 
respect to any covered contract (as defined in that section) 
for which the contract solicitation is issued on or after 
the date occurring one year after the date of the enact-
ment of this Act. 
(c) INVESTMENT PROGRAM AUTHORIZED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish an investment program for funding 
engineering changes to the design of a weapon sys-
tem in the engineering and manufacturing develop-
ment phase or in the production phase of an acquisi-
tion program to improve reliability or maintain-
ability of the weapon system and reduce projected
305 
operating and support costs. The program may be 
funded from the Defense Modernization Account au-
thorized in section 2216 of title 10, United States 
Code. A program manager may apply for available 
funds by presenting a business case analysis of the 
anticipated return on investment of such funds. 
(2) BRIEFING REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Defense, in consultation with the Secre-
taries of the military departments, shall provide a 
briefing to the Committees on Armed Services in the 
Senate and the House of Representatives on an im-
plementation plan for the program authorized under 
paragraph (1). The implementation plan shall set 
forth the process by which program managers apply 
for available funds, including information on the val-
idation of business case analyses and the evaluation 
of applications. The briefing shall also include the 
results of a review of past or existing programs to 
improve reliability and maintainability and reduce 
operating and support costs of weapon systems, an 
assessment of best practices and lessons learned 
from these programs, and an assessment of the op-
portunities for consolidation of existing similar pro-
grams.
306 
SEC. 812. LICENSING OF APPROPRIATE INTELLECTUAL 
PROPERTY TO SUPPORT MAJOR WEAPON 
SYSTEMS. 
(a) NEGOTIATION OF PRICE FOR TECHNICAL DATA 
BEFORE DEVELOPMENT
OR PRODUCTION
OF MAJOR 
WEAPON SYSTEM.— 
(1) REQUIREMENT.—Chapter 144 of title 10, 
United States Code, is amended by inserting after 
section 2438 the following new section: 
‘‘§ 2439. Negotiation of price for technical data before 
development or production of major 
weapon systems 
‘‘The Secretary of Defense shall ensure that the De-
partment of Defense, before selecting a contractor for the 
engineering and manufacturing development of a major 
weapon system, or for the production of a major weapon 
system, negotiates a price for technical data to be deliv-
ered under a contract for such development or produc-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2438 
the following new item: 
‘‘2439. Negotiation of price for technical data before development or production 
of major weapon systems.’’.
307 
(3) EFFECTIVE DATE.—Section 2439 of title 
10, United States Code, as added by paragraph (1), 
shall apply with respect to any contract for engineer-
ing and manufacturing development of a major 
weapon system, or for the production of a major 
weapon system, for which the contract solicitation is 
issued on or after the date occurring one year after 
the date of the enactment of this Act. 
(b) WRITTEN DETERMINATION FOR MILESTONE B 
APPROVAL.— 
(1) IN GENERAL.—Subsection (a)(3) of section 
2366b of title 10, United States Code, is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (M); and 
(B) by inserting after subparagraph (N) 
the following new subparagraph: 
‘‘(O) appropriate actions have been taken 
to negotiate and enter into a contract or con-
tract options for the technical data required to 
support the program; and’’. 
(2) EFFECTIVE DATE.—Section 2366b(a)(3)(O) 
of title 10, United States Code, as added by para-
graph (1), shall apply with respect to any major de-
fense acquisition program receiving Milestone B ap-
308 
proval on or after the date occurring one year after 
the date of the enactment of this Act. 
(c) PREFERENCE
FOR
NEGOTIATION
OF
CUS-
TOMIZED LICENSE AGREEMENTS.—Section 2320 of title 
10, United States Code, is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) PREFERENCE FOR SPECIALLY NEGOTIATED LI-
CENSES.—The Secretary of Defense shall, to the max-
imum extent practicable, negotiate and enter into a con-
tract with a contractor for a specially negotiated license 
for technical data to support the product support strategy 
of a major weapon system or subsystem of a major weapon 
system. In performing the assessment and developing the 
corresponding strategy required under subsection (e) for 
such a system or subsystem, a program manager shall 
consider the use of specially negotiated licenses to acquire 
customized technical data appropriate for the particular 
elements of the product support strategy.’’. 
SEC. 813. MANAGEMENT OF INTELLECTUAL PROPERTY 
MATTERS WITHIN THE DEPARTMENT OF DE-
FENSE. 
(a) MANAGEMENT OF INTELLECTUAL PROPERTY.—
309 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after 
section 2321 the following new section: 
‘‘§ 2322. Management of intellectual property matters 
within the Department of Defense 
‘‘(a) OFFICE
AND DIRECTOR
OF INTELLECTUAL 
PROPERTY.—(1) There is an Office of Intellectual Prop-
erty within the Office of the Under Secretary of Defense 
for Acquisition and Sustainment. 
‘‘(2) The Office shall be headed by a Director of In-
tellectual Property, who shall have the qualifications de-
scribed in paragraph (3). The Director is responsible in 
the Department of Defense to the Under Secretary of De-
fense for Acquisition and Sustainment for policy and over-
sight of the acquisition and licensing of intellectual prop-
erty within the Department of Defense. The Director shall 
report directly to the Under Secretary. 
‘‘(3) In order to qualify to be assigned to the position 
of Director, an individual shall— 
‘‘(A) have management expertise in, and profes-
sional experience with, intellectual property matters, 
including an understanding of intellectual property 
law, regulations, and policies, especially with respect 
to regulations and policies of the Federal Govern-
ment and the Department of Defense for acquiring
310 
or licensing intellectual property, and best practices 
for negotiating and executing business arrangements 
with industry for the acquisition or licensing of intel-
lectual property; 
‘‘(B) have an understanding of Department of 
Defense weapon system acquisition; and 
‘‘(C) have an understanding of the commercial 
marketplace; commercial industry operations, includ-
ing supply chain operations; business strategies; and 
private investment in research and development. 
‘‘(4) The Secretary of Defense shall designate the po-
sition of Director as a critical acquisition position under 
section 1733(b)(1)(C) of this title. 
‘‘(b) DUTIES.—(1) The Director of Intellectual Prop-
erty (in this section referred to as the ‘Director’) shall 
oversee and coordinate efforts throughout the Department 
of Defense to acquire or license intellectual property with-
in the Department of Defense. The duties under this para-
graph shall include the duties specified in paragraphs (2) 
through (8). 
‘‘(2) The Director shall develop and recommend any 
policy guidance on the acquisition or licensing of intellec-
tual property to be issued by the Secretary of Defense.
311 
‘‘(3) The Director shall provide oversight and coordi-
nation of the efforts within the Department of Defense 
to acquire or license intellectual property— 
‘‘(A) to ensure that program managers are 
aware of the rights afforded the Federal Government 
and contractors in intellectual property and that 
program managers fully consider and use all avail-
able techniques and best practices for acquiring or 
licensing intellectual property early in the acquisition 
process; 
‘‘(B) to enable consistency across the military 
departments and the Department of Defense in 
strategies for obtaining intellectual property and 
communicating with industry; and 
‘‘(C) to raise awareness within the acquisition, 
science and technology, and logistics communities 
within the Department of intellectual property 
issues. 
‘‘(4) The Director shall assist program managers in 
developing customized intellectual property strategies for 
each weapon system based on, at a minimum, the unique 
characteristics of the weapon system and its components, 
the product support strategy for the weapon system, the 
organic industrial base strategy of the military department 
concerned, and the commercial market.
312 
‘‘(5) The Director shall develop guidelines and re-
sources on intellectual property matters and make them 
available to the acquisition workforce. Such guidelines and 
resources shall include templates for specially negotiated 
licenses (as appropriate) and a collection of definitions, 
key terms, examples, and case studies that demonstrate 
and resolve ambiguities in the differences between— 
‘‘(A) detailed manufacturing and process data; 
‘‘(B) form, fit, and function data; and 
‘‘(C) data required for operations, maintenance, 
installation, and training. 
‘‘(6) The Director shall establish, maintain, super-
vise, and assign to program offices the cadre of intellectual 
property experts established under subsection (c). 
‘‘(7) The Director, in coordination with the Defense 
Acquisition University and in consultation with industry, 
shall— 
‘‘(A) develop a career path, including develop-
ment opportunities, talent management programs, 
and training, for the cadre of intellectual property 
experts established under subsection (c); and 
‘‘(B) develop, update, and coordinate intellec-
tual property training provided to the acquisition 
workforce.
313 
‘‘(8) The Director shall foster communications with 
industry and serve as a central point of contact within 
the Department of Defense for communications with con-
tractors on intellectual property matters. The Director 
may interact directly with industry, trade associations, 
other Government agencies, academic research and edu-
cational institutions, and scientific organizations engaged 
in intellectual property matters. As part of such commu-
nications, the Director shall regularly engage with appro-
priately representative entities, including large and small 
businesses, traditional and non-traditional Government 
contractors, prime contractors and subcontractors, and 
maintenance repair organizations. 
‘‘(c) CADRE
OF
INTELLECTUAL
PROPERTY
EX-
PERTS.—(1) The Director shall establish within the Office 
of Intellectual Property a cadre of personnel who are ex-
perts in intellectual property matters. The purpose of the 
cadre is to ensure a consistent, strategic, and highly 
knowledgeable approach to acquiring or licensing intellec-
tual property by providing expert advice, assistance, and 
resources to the acquisition workforce on intellectual prop-
erty matters, including acquiring or licensing intellectual 
property. 
‘‘(2) The cadre of experts shall be assigned to a weap-
ons system program office or an acquisition command
314 
within a military department to advise, assist, and provide 
resources to a program manager or program executive of-
ficer on intellectual property matters at various stages of 
the life cycle of a weapon system. In performing such du-
ties, the experts shall— 
‘‘(A) interpret and provide counsel on laws, reg-
ulations, and policies relating to intellectual prop-
erty; 
‘‘(B) advise and assist in the development of an 
acquisition strategy, product support strategy, and 
intellectual property strategy for a weapon system; 
‘‘(C) conduct or assist with financial analysis 
and valuation of intellectual property; 
‘‘(D) assist in the drafting of a contract solici-
tation or contract; 
‘‘(E) interact with or assist in interactions with 
contractors, including communications and negotia-
tions with contractors on contract solicitations and 
contract awards; and 
‘‘(F) conduct or assist with mediation if tech-
nical data delivered pursuant to a contract is incom-
plete or does not comply with the terms of the con-
tract. 
‘‘(3)(A) In order to achieve the purpose set forth in 
paragraph (1), the Director shall ensure the cadre has the
315 
appropriate number of staff and such staff possesses the 
necessary skills, knowledge, and experience to carry out 
the duties under paragraph (2), including in relevant 
areas of law, contracting, acquisition, logistics, engineer-
ing, financial analysis, and valuation. The Director may 
use existing authorities to staff the cadre, including those 
in subparagraphs (B), (C), (D), and (F). 
‘‘(B) Civilian personnel from within the Office of the 
Secretary of Defense, Joint Staff, military departments, 
Defense Agencies, and combatant commands may be as-
signed to serve as members of the cadre, upon request of 
the Director. 
‘‘(C) The Director may use the authorities for highly 
qualified experts under section 9903 of title 5, to hire ex-
perts as members of the cadre who are skilled profes-
sionals in intellectual property and related matters. 
‘‘(D) The Director may enter into a contract with a 
private-sector entity for specialized expertise to support 
the cadre. Such entity may be considered a covered Gov-
ernment support contractor, as defined in section 2320 of 
this title. 
‘‘(E) In establishing the cadre, the Director shall give 
preference to civilian employees of the Department of De-
fense, rather than members of the armed forces, to main-
tain continuity in the cadre.
316 
‘‘(F) The Director is authorized to use funding from 
the Defense Acquisition Workforce Development Fund for 
the purpose of recruitment, training, and retention of the 
cadre, including paying salaries of newly hired members 
of the cadre for up to three years. 
‘‘(G) Members of the cadre shall report to the Direc-
tor.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2322. Management of intellectual property matters within the Department of 
Defense.’’. 
(b) PLACEMENT IN THE OFFICE OF THE SECRETARY 
OF DEFENSE.—Subsection 131(b)(8) of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(J) The Director of the Office of Intellec-
tual Property assigned pursuant to section 
2322(a) of this title.’’. 
(c) ADDITIONAL
ACQUISITION
POSITION.—Sub-
section 1721(b) of title 10, United States Code, is amend-
ed by adding at the end the following new paragraph: 
‘‘(12) Intellectual property.’’. 
(d) REVIEW OF ACQUISITION WORKFORCE TRAIN-
ING.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall revise the
317 
education and training programs provided to the acquisi-
tion workforce under chapter 87 of title 10, United States 
Code— 
(1) to ensure the acquisition workforce main-
tains a basic familiarity with the fundamental as-
pects of the acquisition and licensing of intellectual 
property; and 
(2) to establish and maintain advanced exper-
tise in the acquisition and licensing of intellectual 
property to staff the cadre of intellectual property 
experts required under section 2322 of title 10, 
United States Code, as added by subsection (a). 
SEC. 814. IMPROVEMENT OF PLANNING FOR ACQUISITION 
OF SERVICES. 
(a) IN GENERAL.— 
(1) IMPROVEMENT OF PLANNING FOR ACQUISI-
TION OF SERVICES.—Chapter 137 of title 10, United 
States Code, is amended by inserting after section 
2328 the following new section: 
‘‘§ 2329. Procurement of services: data analysis and 
requirements validation 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
ensure that— 
‘‘(1) appropriate and sufficiently detailed data 
are collected and analyzed to support the validation
318 
of requirements for services contracts and inform 
the planning, programming, budgeting, and execu-
tion process of the Department of Defense; 
‘‘(2) requirements for services contracts are 
evaluated appropriately and in a timely manner to 
inform decisions regarding the procurement of serv-
ices; and 
‘‘(3) decisions regarding the procurement of 
services consider available resources and total force 
management policies and procedures. 
‘‘(b) SPECIFICATION OF AMOUNTS REQUESTED IN 
BUDGET.—Effective October 1, 2022, the Secretary of 
Defense shall annually submit to Congress information on 
services contracts that clearly and separately identifies the 
amount requested for each category of services to be pro-
cured for each Defense Agency, Department of Defense 
Field Activity, command, or military installation. Such in-
formation shall— 
‘‘(1) be submitted at or about the time of the 
budget submission by the President under section 
1105(a) of title 31; 
‘‘(2) cover the fiscal year covered by such budg-
et submission by the President; 
‘‘(3) be consistent with total amounts of esti-
mated expenditures and proposed appropriations
319 
necessary to support the programs, projects, and ac-
tivities of the Department of Defense included in 
such budget submission by the President for that 
fiscal year; and 
‘‘(4) be organized using a common enterprise 
data structure developed under section 2222 of this 
title. 
‘‘(c) DATA ANALYSIS.—(1) Each Secretary of a mili-
tary department shall regularly analyze past spending pat-
terns and anticipated future requirements with respect to 
the procurement of services within such military depart-
ment. 
‘‘(2)(A) The Secretary of Defense shall regularly ana-
lyze past spending patterns and anticipated future re-
quirements with respect to the procurement of services— 
‘‘(i) within each Defense Agency and Depart-
ment of Defense Field Activity; and 
‘‘(ii) across military departments, Defense 
Agencies, and Department of Defense Field Activi-
ties. 
‘‘(B) The Secretaries of the military departments 
shall make data on services contracts available to the Sec-
retary of Defense for purposes of conducting the analysis 
required under subparagraph (A).
320 
‘‘(3) The analyses conducted under this subsection 
shall— 
‘‘(A) identify contracts for similar services that 
are procured for three or more consecutive years at 
each Defense Agency, Department of Defense Field 
Activity, command, or military installation; 
‘‘(B) evaluate patterns in the procurement of 
services, to the extent practicable, at each Defense 
Agency, Department of Defense Field Activity, com-
mand, or military installation and by category of 
services procured; 
‘‘(C) be used to validate requirements for serv-
ices contracts entered into after the date of the en-
actment of this subsection; and 
‘‘(D) be used to inform decisions on the award 
of and funding for such services contracts. 
‘‘(d) REQUIREMENTS EVALUATION.—Each Services 
Requirements Review Board shall evaluate each require-
ment for a services contract, taking into consideration 
total force management policies and procedures, available 
resources, the analyses conducted under subsection (c), 
and contracting efficacy and efficiency. An evaluation of 
a services contract for compliance with contracting policies 
and procedures may not be considered to be an evaluation 
of a requirement for such services contract.
321 
‘‘(e) TIMELY PLANNING TO AVOID BRIDGE CON-
TRACTS.—(1) Effective October 1, 2018, the Secretary of 
Defense shall ensure that a requirements owner shall, to 
the extent practicable, plan appropriately before the date 
of need of a service at a Defense Agency, Department of 
Defense Field Activity, command, or military installation 
to avoid the use of a bridge contract to provide for con-
tinuation of a service to be performed through a services 
contract. Such planning shall include allowing time for a 
requirement to be validated, a services contract to be en-
tered into, and funding for the services contract to be se-
cured. 
‘‘(2)(A) Upon the first use, due to inadequate plan-
ning (as determined by the Secretary of Defense), of a 
bridge contract to provide for continuation of a service to 
be performed through a services contract, the require-
ments owner, along with the contracting officer or a des-
ignee of the contracting officer for the contract, shall— 
‘‘(i) for a services contract in an amount less 
than $10,000,000, provide an update on the status 
of the bridge contract (including the rationale for 
using the bridge contract) to the commander or the 
senior civilian official of the Defense Agency con-
cerned, Department of Defense Field Activity con-
322 
cerned, command concerned, or military installation 
concerned, as applicable; or 
‘‘(ii) for a services contract in an amount equal 
to or greater than $10,000,000, provide an update 
on the status of the bridge contract (including the 
rationale for using the bridge contract) to the service 
acquisition executive for the military department 
concerned, the head of the Defense Agency con-
cerned, the combatant commander concerned, or the 
Under Secretary of Defense for Acquisition and 
Sustainment, as applicable. 
‘‘(B) Upon the second use, due to inadequate plan-
ning (as determined by the Secretary of Defense), of a 
bridge contract to provide for continuation of a service to 
be performed through a services contract in an amount 
less than $10,000,000, the commander or senior civilian 
official referred to in subparagraph (A)(i) shall provide no-
tification of such second use to the Vice Chief of Staff 
of the armed force concerned and the service acquisition 
executive of the military department concerned, the head 
of the Defense Agency concerned, the combatant com-
mander concerned, or the Under Secretary of Defense for 
Acquisition and Sustainment, as applicable.
323 
‘‘(f) EXCEPTION.—Except with respect to the anal-
yses required under subsection (c), this section shall not 
apply to— 
‘‘(1) services contracts in support of contin-
gency operations, humanitarian assistance, disaster 
relief, or national security emergencies; or 
‘‘(2) services contracts entered into pursuant to 
an international agreement. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘bridge contact’ means— 
‘‘(A) an extension to an existing contract 
beyond the period of performance to avoid a 
lapse in service caused by a delay in awarding 
a subsequent contract; or 
‘‘(B) a new short-term contract awarded 
on a sole-source basis to avoid a lapse in service 
caused by a delay in awarding a subsequent 
contract. 
‘‘(2) The term ‘requirements owner’ means a 
member of the armed forces (other than the Coast 
Guard) or a civilian employee of the Department of 
Defense responsible for a requirement for a service 
to be performed through a services contract. 
‘‘(3) The term ‘Services Requirements Review 
Board’ has the meaning given in Department of De-
324 
fense Instruction 5000.74, titled ‘Defense Acquisi-
tion of Services’ and dated January 5, 2016, or a 
successor instruction.’’ 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2328 
the following new item: 
‘‘2329. Procurement of services: data analysis and requirements validation.’’. 
SEC. 815. IMPROVEMENTS TO TEST AND EVALUATION 
PROCESSES AND TOOLS. 
(a) DEVELOPMENTAL TEST PLAN SUFFICIENCY AS-
SESSMENTS.— 
(1) ADDITION TO MILESTONE B BRIEF SUM-
MARY
REPORT.—Section 2366b(c)(1) of title 10, 
United States Code, is amended— 
(A) by redesignating subparagraph (G) as 
subparagraph (H); and 
(B) by inserting after subparagraph (F) 
the following new subparagraph (G): 
‘‘(G) An assessment of the sufficiency of 
developmental test and evaluation plans, includ-
ing the use of automated data analytics or mod-
eling and simulation tools.’’. 
(2) ADDITION TO MILESTONE C BRIEF SUM-
MARY REPORT.—Section 2366c(a) of such title is
325 
amended by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) An assessment of the sufficiency of the de-
velopmental test and evaluation completed, including 
the use of automated data analytics or modeling and 
simulation tools.’’. 
(3) RESPONSIBILITY FOR CONDUCTING ASSESS-
MENTS.—For purposes of the sufficiency assess-
ments required by section 2366b(c)(1) and section 
2366c(a)(4) of such title, as added by paragraphs 
(1) and (2), with respect to a major defense acquisi-
tion program— 
(A) if the milestone decision authority for 
the program is the service acquisition executive 
of the military department that is managing the 
program, the sufficiency assessment shall be 
conducted by the senior official within the mili-
tary department with responsibility for develop-
mental testing; and 
(B) if the milestone decision authority for 
the program is the Under Secretary of Defense 
for Acquisition and Sustainment, the sufficiency 
assessment shall be conducted by the senior De-
partment of Defense official with responsibility 
for developmental testing.
326 
(4) GUIDANCE
REQUIRED.—Within one year 
after the date of the enactment of this Act, the sen-
ior Department of Defense official with responsi-
bility for developmental testing shall develop guid-
ance for the sufficiency assessments required by sec-
tion 2366b(c)(1) and section 2366c(a)(4) of title 10, 
United States Code, as added by paragraphs (1) and 
(2). At a minimum, the guidance shall require— 
(A) for the sufficiency assessment required 
by section 2366b(c)(1) of such title, that the as-
sessment address the sufficiency of— 
(i) the developmental test and evalua-
tion plan; 
(ii) the developmental test and evalua-
tion schedule, including a comparison to 
historic analogous systems; 
(iii) the developmental test and eval-
uation resources (facilities, personnel, test 
assets, data analytics tools, and modeling 
and simulation capabilities); 
(iv) the risks of developmental test 
and production concurrency; and 
(v) the developmental test criteria for 
entering the production phase; and
327 
(B) for the sufficiency assessment required 
by section 2366c(a)(4) of such title, that the as-
sessment address— 
(i) the sufficiency of the develop-
mental test and evaluation completed; 
(ii) the sufficiency of the plans and 
resources available for remaining develop-
mental test and evaluation; 
(iii) the risks identified during devel-
opmental testing to the production and de-
ployment phase; 
(iv) the sufficiency of the plans and 
resources for remaining developmental test 
and evaluation; and 
(v) the readiness of the system to per-
form scheduled initial operational test and 
evaluation. 
(b) EVALUATION
OF DEPARTMENT
OF DEFENSE 
NEED FOR CENTRALIZED TOOLS FOR DEVELOPMENTAL 
TEST AND EVALUATION.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall evaluate the strategy of the Department of De-
fense for developing and expanding the use of tools 
designed to facilitate the cost effectiveness and effi-
ciency of developmental testing, including automated
328 
test methods and tools, modeling and simulation 
tools, and big data analytics technologies. The eval-
uation shall include a determination of the appro-
priate role of the senior Department of Defense offi-
cial with responsibility for developmental testing in 
developing enterprise level strategies related to such 
types of testing tools. 
(2) BRIEFING REQUIRED.—Not later than one 
year after the date of the enactment of this Act, the 
Secretary shall provide a briefing to the Committee 
on Armed Services of the House of Representatives 
on the results of the evaluation required by para-
graph (1). 
PART III—ACQUISITION WORKFORCE 
IMPROVEMENTS 
SEC. 821. ENHANCEMENTS TO THE CIVILIAN PROGRAM 
MANAGEMENT WORKFORCE. 
(a) ESTABLISHMENT OF PROGRAM MANAGER DE-
VELOPMENT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense, in 
consultation with the Secretaries of the military de-
partments, shall implement a program manager de-
velopment program to provide for the professional 
development of high-potential, experienced civilian 
personnel. Personnel shall be competitively selected
329 
for the program based on their potential to become 
a program manager of a major defense acquisition 
program, as defined in section 2430 of title 10, 
United States Code. The program shall be adminis-
tered and overseen by the Secretary of each military 
department, acting through the service acquisition 
executive for the department concerned. 
(2) PLAN REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall provide to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a comprehensive plan to implement the 
program established under paragraph (1). In devel-
oping the plan, the Secretary of Defense shall seek 
the input of relevant external parties, including pro-
fessional associations, other government entities, and 
industry. The plan shall include the following ele-
ments: 
(A) An assessment of the minimum level of 
subject matter experience, education, years of 
experience, certifications, and other qualifica-
tions required to be selected into the program, 
set forth separately for current Department of 
Defense employees and for personnel hired into
330 
the program from outside the Department of 
Defense. 
(B) A description of hiring flexibilities to 
be used to recruit qualified personnel from out-
side the Department of Defense. 
(C) A description of the extent to which 
mobility agreements will be required to be 
signed by personnel selected for the program 
during their participation in the program and 
after their completion of the program. The use 
of mobility agreements shall be applied to help 
maximize the flexibility of the Department of 
Defense in assigning personnel, while not inhib-
iting the participation of the most capable can-
didates. 
(D) A description of the tenure obligation 
required of personnel selected for the program. 
(E) A plan for training during the course 
of the program, including training in leader-
ship, program management, engineering, fi-
nance and budgeting, market research, business 
acumen, contracting, supplier management, re-
quirement setting and tradeoffs, intellectual 
property matters, and software.
331 
(F) A description of career paths to be fol-
lowed by personnel in the program in order to 
ensure that personnel in the program gain ex-
pertise in the program management functional 
career field competencies identified by the De-
partment in existing guidance and the topics 
listed in subparagraph (E), including— 
(i) a determination of the types of ad-
vanced educational degrees that enhance 
program management skills and the mech-
anisms available to the Department of De-
fense to facilitate the attainment of those 
degrees by personnel in the program; 
(ii) a determination of required as-
signments to positions within acquisition 
programs, including position type and ac-
quisition category of the program office; 
(iii) a determination of required or en-
couraged rotations to career broadening 
positions outside of acquisition programs; 
and 
(iv) a determination of how the pro-
gram will ensure the opportunity for a re-
quired rotation to industry of at least six 
months to develop an understanding of in-
332 
dustry motivation and business acumen, 
such as by developing an industry ex-
change program for civilian program man-
agers, similar to the Corporate Fellows 
Program of the Secretary of Defense. 
(G) A general description of the number of 
personnel anticipated to be selected into the 
program, how frequently selections will occur, 
how long personnel selected into the program 
will participate in the program, and how per-
sonnel will be placed into an assignment at the 
completion of the program. 
(H) A description of benefits that will be 
offered under the program using existing 
human capital flexibilities to retain qualified 
employees, such as student loan repayments. 
(I) An assessment of personnel flexibilities 
needed to allow the military departments and 
the Defense Agencies to reassign or remove pro-
gram managers that do not perform effectively. 
(J) A description of how the program will 
be administered and overseen by the Secretaries 
of each military department, acting through the 
service acquisition executive for the department 
concerned.
333 
(K) A description of how the program will 
be integrated with existing program manager 
development efforts at each military depart-
ment. 
(3) USE OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND.—Amounts in the Department 
of Defense Acquisition Workforce Development 
Fund (established under section 1705 of title 10, 
United States Code) may be used to pay the base 
salary of personnel in the program established under 
paragraph (1) during the period of time such per-
sonnel are temporarily assigned to a developmental 
rotation or training program anticipated to last at 
least six months. 
(4) IMPLEMENTATION.—The program estab-
lished under paragraph (1) shall be implemented not 
later than September 30, 2019. 
(b) INDEPENDENT STUDY OF INCENTIVES FOR PRO-
GRAM MANAGERS.— 
(1) REQUIREMENT FOR STUDY.—Not later than 
30 days after the date of the enactment of this Act, 
the Secretary of Defense shall enter into a contract 
with an independent research entity described in 
paragraph (2) to carry out a comprehensive study of 
incentives for Department of Defense civilian and
334 
military program managers for major defense acqui-
sition programs, including— 
(A) additional pay options for program 
managers to provide incentives to senior civilian 
employees and military officers to accept and 
remain in program manager roles; 
(B) a financial incentive structure to re-
ward program managers for delivering capabili-
ties on budget and on time; and 
(C) a comparison between financial and 
non-financial incentive structures for program 
managers in the Department of Defense and an 
appropriate comparison group of private indus-
try companies. 
(2) INDEPENDENT
RESEARCH
ENTITY.—The 
entity described in this subsection is an independent 
research entity that is a not-for-profit entity or a 
federally funded research and development center 
with appropriate expertise and analytical capability. 
(3) REPORTS.— 
(A) TO SECRETARY.—Not later than nine 
months after the date of the enactment of this 
Act, the independent research entity shall pro-
vide to the Secretary a report containing—
335 
(i) the results of the study required by 
paragraph (1); and 
(ii) such recommendations to improve 
the financial incentive structure of pro-
gram managers for major defense acquisi-
tion programs as the independent research 
entity considers to be appropriate. 
(B) TO
CONGRESS.—Not later than 30 
days after receipt of the report under subpara-
graph (A), the Secretary of Defense shall sub-
mit such report, together with any additional 
views or recommendations of the Secretary, to 
the congressional defense committees. 
SEC. 822. IMPROVEMENTS TO THE HIRING AND TRAINING 
OF THE ACQUISITION WORKFORCE. 
(a) USE OF FUNDS FROM THE DEFENSE ACQUISI-
TION WORKFORCE DEVELOPMENT FUND TO PAY SALA-
RIES OF PERSONNEL TO MANAGE THE FUND.— 
(1) IN GENERAL.—Subsection 1705(e) of title 
10, United States Code, is amended— 
(A) in paragraph (1)— 
(i) by inserting ‘‘(A)’’ before ‘‘Subject 
to the provisions of this subsection’’; and 
(ii) by adding at the end the following 
new subparagraph:
336 
‘‘(B) Amounts in the Fund also may be used to 
pay salaries of personnel at the Office of the Sec-
retary of Defense, military departments, and De-
fense Agencies to manage the Fund.’’; and 
(B) in paragraph (3)— 
(i) by striking ‘‘and’’ at the end of 
subparagraph (C); 
(ii) by striking the period and insert-
ing ‘‘; and’’ at the end of subparagraph 
(D); and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) describing the amount from the Fund 
that may be used to pay salaries of personnel 
at the Office of the Secretary of Defense, mili-
tary departments, and Defense Agencies to 
manage the Fund and the circumstances under 
which such amounts may be used for such pur-
pose.’’. 
(2) GUIDANCE.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall issue, and submit to the congres-
sional defense committees, the policy guidance re-
quired by subparagraph (E) of section 1705(e)(3) of
337 
title 10, United States Code, as added by paragraph 
(1). 
(b) COMPTROLLER GENERAL REVIEW OF EFFEC-
TIVENESS OF HIRING AND RETENTION FLEXIBILITIES 
FOR ACQUISITION WORKFORCE PERSONNEL.— 
(1) IN
GENERAL.—Not later than June 30, 
2019, the Comptroller General of the United States 
shall submit to the congressional defense committees 
a report on the effectiveness of hiring and retention 
flexibilities for the acquisition workforce. 
(2) ELEMENTS.—The report under this sub-
section shall include the following: 
(A) A determination of the extent to which 
the Department of Defense experiences chal-
lenges with recruitment and retention of the ac-
quisition workforce, such as post-employment 
restrictions. 
(B) A description of the hiring and reten-
tion flexibilities available to the Department to 
fill civilian acquisition positions and the extent 
to which the Department has used the flexibili-
ties available to it to target critical or under-
staffed career fields. 
(C) A determination of the extent to which 
the Department has the necessary data on its
339 
(B) Gaps in knowledge of industry oper-
ations, industry motivation, and business acu-
men in the acquisition workforce. 
(2) REPORT.—Not later than December 31, 
2018, the Under Secretary shall submit to the Com-
mittees on Armed Services of the Senate and the 
House of Representatives a report containing the re-
sults of the assessment conducted under this sub-
section. 
(3) ELEMENTS.—The assessment and report 
under paragraphs (1) and (2) shall address the fol-
lowing: 
(A) Current sources of training and career 
development opportunities, industry rotations, 
and other career development opportunities re-
lated to knowledge of industry operations, in-
dustry motivation, and business acumen for 
each acquisition position, as designated under 
section 1721 of title 10, United States Code. 
(B) Gaps in training, industry rotations, 
and other career development opportunities re-
lated to knowledge of industry operations, in-
dustry motivation, and business acumen for 
each such acquisition position.
340 
(C) Plans to address those gaps for each 
such acquisition position. 
(D) Consideration of the role industry- 
taught classes and classes taught at educational 
institutions outside of the Defense Acquisition 
University could play in addressing gaps. 
(d) COMPTROLLER GENERAL REVIEW OF ACQUISI-
TION TRAINING FOR NON-ACQUISITION WORKFORCE PER-
SONNEL.— 
(1) IN
GENERAL.—Not later than June 30, 
2019, the Comptroller General of the United States 
shall submit to the congressional defense committees 
a report on acquisition-related training for personnel 
working on acquisitions but not considered to be 
part of the acquisition workforce (as defined in sec-
tion 101(18) of title 10, United States Code) (here-
after in this subsection referred to as ‘‘non-acquisi-
tion workforce personnel’’). 
(2) ELEMENTS.—The report shall address the 
following: 
(A) The extent to which non-acquisition 
workforce personnel play a significant role in 
defining requirements, conducting market re-
search, participating in source selection and
341 
contract negotiation efforts, and overseeing con-
tract performance. 
(B) The extent to which the Department is 
able to identify and track non-acquisition work-
force personnel performing the roles identified 
in subparagraph (A). 
(C) The extent to which non-acquisition 
workforce personnel are taking acquisition 
training. 
(D) The extent to which the Defense Ac-
quisition Workforce Development Fund has 
been used to provide acquisition training to 
non-acquisition workforce personnel. 
(E) A description of sources of funding 
other than the Fund that are available to and 
used by the Department to provide non-acquisi-
tion workforce personnel with acquisition train-
ing. 
(F) The extent to which additional acquisi-
tion training is needed for non-acquisition 
workforce personnel, including the types of 
training needed, the positions that need the 
training, and any challenges to delivering nec-
essary additional training.
342 
(e) BRIEFING ON IMPROVEMENTS TO THE DEFENSE 
CONTRACT AUDIT AGENCY WORKFORCE.— 
(1) BRIEFING REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
Director of the Defense Contract Audit Agency, in 
consultation with the Under Secretary of Defense 
(Comptroller), shall provide a briefing to the Com-
mittees on Armed Services of the Senate and the 
House of Representatives. 
(2) ELEMENTS.—The briefing required by 
paragraph (1) shall address the following: 
(A) The current education, certifications, 
and qualifications of the Defense Contract 
Audit Agency workforce, by supervisory and 
non-supervisory levels and type of position. 
(B) Shortfalls (if any) in education, quali-
fication, or training in the Defense Contract 
Audit Agency workforce, by supervisory and 
non-supervisory levels and type of position, and 
the reasons for those shortfalls. 
(C) The link (if any) between Defense 
Contract Audit Agency workforce skill and ex-
perience gaps and the Agency’s backlog of au-
dits.
343 
(D) The link (if any) between the effective-
ness of Defense Contract Audit Agency regional 
directors and their education, certifications, and 
qualifications. 
(E) The number of Defense Contract 
Audit Agency auditors who have relevant pri-
vate sector experience, including from industry 
exchanges while at the Defense Contract Audit 
Agency and from prior employment experiences, 
and the perspective of the Defense Contract 
Audit Agency on the benefits of those experi-
ences. 
(F) Ongoing efforts and future plans by 
the Defense Contract Audit Agency to improve 
the professionalization of its audit workforce, 
including changes in hiring, training, required 
certifications or qualifications, compensation 
structure, and increased opportunities for in-
dustry exchanges or rotations. 
SEC. 823. EXTENSION AND MODIFICATIONS TO ACQUISI-
TION DEMONSTRATION PROJECT. 
(a) EXTENSION.—Section 1762(g) of title 10, United 
States Code, is amended by striking ‘‘December 31, 2020’’ 
and inserting ‘‘December 31, 2023’’.
344 
(b) IMPLEMENTATION
STRATEGY
FOR
IMPROVE-
MENTS IN ACQUISITION DEMONSTRATION PROJECT.— 
(1) STRATEGY
REQUIRED.—The Secretary of 
Defense shall develop an implementation strategy to 
address areas for improvement in the demonstration 
project required by section 1762 of title 10, United 
States Code, as identified in the second assessment 
of such demonstration project required by section 
1762(e) of such title. 
(2) ELEMENTS.—The strategy shall include the 
following elements: 
(A) Actions that have been or will be taken 
to assess whether the flexibility to set starting 
salaries at different levels is being used appro-
priately by supervisors and managers to com-
pete effectively for highly skilled and motivated 
employees. 
(B) Actions that have been or will be taken 
to assess reasons for any disparities in career 
outcomes across race and gender for employees 
in the demonstration project. 
(C) Actions that have been or will be taken 
to strengthen the link between employee con-
tribution and compensation for employees in the 
demonstration project.
345 
(D) Actions that have been or will be taken 
to enhance the transparency of the pay system 
for employees in the demonstration project. 
(E) A time frame and individual respon-
sible for each action identified under subpara-
graphs (A) through (D). 
(3) BRIEFING REQUIRED.—Not later than one 
year after the date of the enactment of this Act, the 
Secretary of Defense shall provide a briefing to the 
Committees on Armed Services of the Senate and 
House of Representatives and the Committee on 
Oversight and Government Reform of the House of 
Representatives on the implementation strategy re-
quired by paragraph (1). 
SEC. 824. ACQUISITION POSITIONS IN THE OFFICES OF THE 
SECRETARIES OF THE MILITARY DEPART-
MENTS. 
(a) OFFICE OF THE SECRETARY OF THE ARMY MAX-
IMUM NUMBER OF PERSONNEL.—Section 3014(f) of title 
10, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(6) The limitation in paragraph (1) may be exceeded 
if a civilian employee is assigned on permanent duty in 
the Office of the Secretary of the Army or on the Army 
Staff and—
346 
‘‘(A) the employee was employed immediately 
preceding that assignment either— 
‘‘(i) in a position within the Office of the 
Under Secretary of Defense for Acquisition, 
Technology, and Logistics that had responsi-
bility for oversight of acquisition programs or 
processes prior to February 1, 2018, and that 
was determined to be no longer needed as a re-
sult of section 901 of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public 
Law 114-328; 130 Stat. 2339) and the amend-
ments made by that section; or 
‘‘(ii) in a Joint Staff position that sup-
ported the Joint Requirements Oversight Coun-
cil prior to December 23, 2016, and that was 
determined to be no longer needed as a result 
of section 925 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 
114-328; 130 Stat. 2359) and the amendments 
made by that section; and 
‘‘(B) the position described in subparagraph 
(A) is not filled by the Office of the Under Secretary 
of Defense for Acquisition and Sustainment or the 
Joint Staff after the employee’s permanent duty as-
signment.’’.
347 
(b) OFFICE OF THE SECRETARY OF THE NAVY MAX-
IMUM NUMBER OF PERSONNEL.—Section 5014(f) of title 
10, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(6) The limitation in paragraph (1) may be exceeded 
if a civilian employee is assigned on permanent duty in 
the Department of the Navy or assigned or detailed to 
permanent duty in the Office of the Secretary of the Navy, 
the Office of Chief of Naval Operations, or the Head-
quarters, Marine Corps, and— 
‘‘(A) the employee was employed immediately 
preceding that assignment either— 
‘‘(i) in a position within the Office of the 
Under Secretary of Defense for Acquisition, 
Technology, and Logistics that had responsi-
bility for oversight of acquisition programs or 
processes prior to February 1, 2018, and that 
was determined to be no longer needed as a re-
sult of section 901 of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public 
Law 114-328; 130 Stat. 2339) and the amend-
ments made by that section; or 
‘‘(ii) in a Joint Staff position that sup-
ported the Joint Requirements Oversight Coun-
cil prior to December 23, 2016, and that was
348 
determined to be no longer needed as a result 
of section 925 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 
114-328; 130 Stat. 2359) and the amendments 
made by that section; and 
‘‘(B) the position described in subparagraph 
(A) is not filled by the Office of the Under Secretary 
of Defense for Acquisition and Sustainment or the 
Joint Staff after the employee’s permanent duty as-
signment.’’. 
(c) OFFICE OF THE SECRETARY OF THE AIR FORCE 
MAXIMUM NUMBER OF PERSONNEL.—Section 8014(f) of 
title 10, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(6) The limitation in paragraph (1) may be exceeded 
if a civilian employee is assigned on permanent duty in 
the Office of the Secretary of the Air Force or on the Air 
Staff and— 
‘‘(A) the employee was employed immediately 
preceding that assignment either— 
‘‘(i) in a position within the Office of the 
Under Secretary of Defense for Acquisition, 
Technology, and Logistics that had responsi-
bility for oversight of acquisition programs or 
processes prior to February 1, 2018, and that
349 
was determined to be no longer needed as a re-
sult of section 901 of the National Defense Au-
thorization Act for Fiscal Year 2017 (Public 
Law 114-328; 130 Stat. 2339) and the amend-
ments made by that section; or 
‘‘(ii) in a Joint Staff position that sup-
ported the Joint Requirements Oversight Coun-
cil prior to December 23, 2016, and that was 
determined to be no longer needed as a result 
of section 925 of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 
114-328; 130 Stat. 2359) and the amendments 
made by that section; and 
‘‘(B) the position described in subparagraph 
(A) is not filled by the Office of the Under Secretary 
of Defense for Acquisition and Sustainment or the 
Joint Staff after the employee’s permanent duty as-
signment.’’. 
PART IV—TRANSPARENCY IMPROVEMENTS 
SEC. 831. TRANSPARENCY OF DEFENSE BUSINESS SYSTEM 
DATA. 
(a) ESTABLISHMENT
OF
COMMON
ENTERPRISE 
DATA STRUCTURES.—Section 2222 of title 10, United 
States Code, is amended—
350 
(1) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(7) Policy requiring that any data contained in 
a defense business system is an asset of the Depart-
ment of Defense, and that such data should be made 
readily available to members of the Office of the 
Secretary of Defense, the Joint Staff, and the mili-
tary departments (except as otherwise provided by 
law or regulation).’’; 
(2) in subsection (e), by adding at the end the 
following new paragraph: 
‘‘(5) 
COMMON
ENTERPRISE
DATA
STRUC-
TURES.—(A) The defense business enterprise archi-
tecture shall include one or more common enterprise 
data structures which can be used to code data that 
are automatically extracted from the relevant de-
fense business systems to facilitate Department of 
Defense-wide analysis and management of such 
data. 
‘‘(B) The Deputy Chief Management Officer 
shall— 
‘‘(i) in consultation with the Defense Busi-
ness Council established under subsection (f), 
develop one or more common enterprise data
351 
structures and an associated data governance 
process; and 
‘‘(ii) have primary decision-making author-
ity with respect to the development of any such 
common enterprise data structure. 
‘‘(C) The Director of Cost Assessment and Pro-
gram Evaluation shall— 
‘‘(i) in consultation with the Defense Busi-
ness Council established under subsection (f), 
document and maintain any common enterprise 
data structure developed under subparagraph 
(B); 
‘‘(ii) extract data from defense business 
systems using the appropriate common data en-
terprise structure on a specified schedule; 
‘‘(iii) provide access to such data to the 
Office of the Secretary of Defense, the Joint 
Staff, and the military departments (except as 
otherwise provided by law or regulation) on a 
specified schedule developed in consultation 
with the Defense Business Council established 
under subsection (f); and 
‘‘(iv) have primary decision-making author-
ity with respect to the maintenance of any such 
common enterprise data structure.
352 
‘‘(D) Common enterprise data structures shall 
be established and maintained for the following 
types of data of the Department of Defense: 
‘‘(i) An accounting of expenditures of the 
Department of Defense, set forth separately for 
each type of expenditure. 
‘‘(ii) Data from the future-years defense 
program established under section 221 and 
budget data. 
‘‘(iii) Acquisition cost data and earned 
value management data. 
‘‘(iv) Operating and support costs for 
weapon systems, including data on maintenance 
procedures conducted on each major weapon 
system (as defined in section 2379 of this title). 
‘‘(v) Data on contracts and task orders of 
the Department of Defense, including goods 
and services acquired under such contracts or 
task orders and associated obligations and ex-
penditures. 
‘‘(E) The Secretary of Defense, the Chairman 
of the Joint Chiefs of Staff, the Secretaries of the 
military departments, the Commanders of the com-
batant commands, the heads of the Defense Agen-
cies, the heads of the Department of Defense Field
353 
Activities, and the heads of all other organizations of 
the Department of Defense shall provide access to 
the relevant defense business system of such depart-
ment, combatant command, Defense Agency, Field 
Activity, or organization, as applicable, and data ex-
tracted from such system, for purposes of automati-
cally populating data sets coded with common enter-
prise data structures.’’; 
(3) in subsection (f)(2), by adding at the end 
the following new clause: 
‘‘(iv) The Director of Cost Assessment 
and Program Evaluation with respect to 
common enterprise data structures.’’; and 
(4) in subsection (i), by adding at the end the 
following new paragraphs: 
‘‘(10) COMMON
ENTERPRISE
DATA
STRUC-
TURE.—The term ‘common enterprise data struc-
ture’ means a mapping and organization of data 
from defense business systems into a common data 
set. 
‘‘(11) DATA GOVERNANCE PROCESS.—The term 
‘data governance process’ means a system to manage 
the timely Department of Defense-wide sharing of 
data described under paragraph (5)(A).’’.
354 
(b) ADDITIONAL DUTIES OF THE DIRECTOR OF COST 
ASSESSMENT
AND
PROGRAM
EVALUATION.—Section 
139a(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(9) Maintenance of common enterprise data 
structures established pursuant to section 2222 of 
this title, including establishing and maintaining ac-
cess to any data contained in a defense business sys-
tem (as defined in such section) and used in a com-
mon enterprise data structure, as determined appro-
priate by the Secretary of Defense or the Director 
of Cost Assessment and Program Evaluation.’’. 
(c) IMPLEMENTATION PLAN FOR COMMON ENTER-
PRISE DATA STRUCTURES.— 
(1) PLAN
REQUIRED.—Not later than six 
months after the date of the enactment of this Act, 
the Deputy Chief Management Officer and the Di-
rector of Cost Assessment and Program Evaluation 
shall jointly develop a plan to implement the require-
ments of subsection (a). 
(2) ELEMENTS.—At a minimum, the implemen-
tation plan required by paragraph (1) shall include 
the following elements:
355 
(A) The major tasks required to implement 
the requirements of subsection (a) and the rec-
ommended time frames for each task. 
(B) The estimated resources required to 
complete each major task identified pursuant to 
subparagraph (A). 
(C) Any challenges associated with each 
major task identified pursuant to subparagraph 
(A) and related steps to mitigate such chal-
lenge. 
(D) A description of how data security 
issues will be appropriately addressed in the im-
plementation of the requirements of subsection 
(a). 
(3) SUBMISSION TO CONGRESS.—Upon comple-
tion of the plan required under paragraph (1), the 
Deputy Chief Management Officer and the Director 
of Cost Assessment and Program Evaluation shall 
submit such plan to the congressional defense com-
mittees. 
SEC. 832. MAJOR DEFENSE ACQUISITION PROGRAMS: DIS-
PLAY OF BUDGET INFORMATION. 
(a) IN GENERAL.—Chapter 144 of title 10, United 
States Code, is amended by inserting after section 2433a 
the following new section:
356 
‘‘§ 2434. Major defense acquisition programs: display 
of budget information 
‘‘(a) IN GENERAL.—In the defense budget materials 
for fiscal year 2020 and each subsequent fiscal year, the 
Secretary of Defense shall ensure that the funding re-
quirements listed in subsection (b) are displayed sepa-
rately for major defense acquisition programs, as defined 
in section 2340 of title 10, United States Code. 
‘‘(b) REQUIREMENTS FOR BUDGET DISPLAY.—The 
budget justification display for a fiscal year shall include 
the funding requirement for each major defense acquisi-
tion program, including all sources of appropriations— 
‘‘(1) for developmental test and evaluation; 
‘‘(2) for operational test and evaluation; 
‘‘(3) for the purchase of cost data from contrac-
tors; and 
‘‘(4) for the purchase or license of technical 
data. 
‘‘(c) DEFINITIONS.—In this section, the terms ‘budg-
et’ and ‘defense budget materials’ have the meaning given 
those terms in section 234 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2433a following new 
item: 
‘‘2434. Major defense acquisition programs: display of budget information.’’.
357 
SEC. 833. ENHANCEMENTS TO TRANSPARENCY IN TEST 
AND EVALUATION PROCESSES AND DATA. 
(a) ADDITIONAL REQUIREMENTS RELATING TO DES-
IGNATION
OF
A MAJOR DEFENSE ACQUISITION PRO-
GRAM.—Section 139 of title 10, United States Code, is 
amended— 
(1) in subsection (a)(2)(B), by inserting before 
the period at the end the following: ‘‘and in accord-
ance with subsection (l).’’; 
(2) by adding at the end the following new sub-
section: 
‘‘(l) For purposes of subsection (a)(2)(B), before des-
ignating a program that is not a major defense acquisition 
program for the purposes of section 2430 of this title as 
a major defense acquisition program for the purposes of 
this section, the Director shall provide in writing to the 
Under Secretary of Defense for Acquisition and 
Sustainment, and the test and evaluation executive of the 
military department or departments executing the pro-
gram, the specific circumstances of the program that led 
to the designation decision.’’; and 
(3) by adding at the end of subsection (h)(4) 
the following: ‘‘The report shall also include a brief 
statement of the rationale for placing on the over-
sight list of the Director each program that is not 
a major defense acquisition program for the pur-
358 
poses of section 2430 of this title but has been des-
ignated as a major defense acquisition program for 
the purposes of this section.’’. 
(b) CONSIDERATION OF LEGACY ITEMS OR COMPO-
NENTS IN OPERATIONAL TEST AND EVALUATION RE-
PORTS.—Section 2399(b)(2) of title 10, United States 
Code, is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (A)(ii); 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) a description of the performance of the 
items or components tested in relation to comparable 
legacy items or components, if such items or compo-
nents exist and relevant data are available without 
requiring additional testing; and’’. 
(c) OPPORTUNITY
FOR
MILITARY
DEPARTMENT 
COMMENTS ON ANNUAL REPORT ON OPERATIONAL TEST 
AND EVALUATION.—Section 139(h) of title 10, United 
States Code, is amended— 
(1) by redesignating paragraph (5) as para-
graph (6), and in that paragraph by striking ‘‘and 
the Secretaries of the military departments’’; and
359 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph (5): 
‘‘(5) Within 45 days after the submission of an 
annual report by the Director to Congress, the Sec-
retaries of the military departments may each sub-
mit a report to the congressional defense committees 
addressing any concerns related to information in-
cluded in the annual report, or providing updated or 
additional information as appropriate.’’. 
(d) GUIDELINES FOR COLLECTION OF COST DATA 
ON TEST AND EVALUATION.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Di-
rector of Operational Test and Evaluation and the 
senior Department of Defense official with responsi-
bility for developmental testing shall jointly develop 
policies, procedures, guidance, and a collection meth-
od to ensure that consistent, high quality data are 
collected on the full range of estimated and actual 
developmental, live fire, and operational testing costs 
for major defense acquisition programs. Data on es-
timated and actual developmental, live fire, and 
operational testing costs shall be maintained in an 
electronic database maintained by the Director for 
Cost Assessment and Program Evaluation.
360 
(2) CONCURRENCE
AND
COORDINATION.—In 
carrying out paragraph (1), the Director of Oper-
ational Test and Evaluation and the senior Depart-
ment of Defense official with responsibility for devel-
opmental testing shall obtain the concurrence of the 
Director for Cost Assessment and Program Evalua-
tion and shall coordinate with the Director of the 
Test Resource Management Center and the Secre-
taries of the military departments. 
(3) MAJOR
DEFENSE
ACQUISITION
PROGRAM 
DEFINED.—In this section, the term ‘‘major defense 
acquisition program’’ has the meaning provided in 
section 2430 of title 10, United States Code. 
(e) REPORT ON ENTERPRISE APPROACH TO TEST 
AND EVALUATION KNOWLEDGE MANAGEMENT.— 
(1) REPORT REQUIRED.—Within one year after 
the date of the enactment of this Act, the Director 
of the Test Resource Management Center and the 
senior Department of Defense official with responsi-
bility for developmental testing shall provide to the 
congressional defense committees a report on the de-
velopment of an approach for managing test and 
evaluation knowledge across the entire Department 
of Defense.
361 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following elements: 
(A) The detailed concepts, requirements, 
technologies, methodologies, and architecture 
necessary for an enterprise approach to knowl-
edge management for test and evaluation, in-
cluding data, data analysis tools, and modeling 
and simulation capabilities. 
(B) Resources needed to develop and adopt 
an enterprise approach to knowledge manage-
ment for test and evaluation. 
(C) Roles and responsibilities of various 
Department of Defense entities to develop and 
adopt an enterprise approach to knowledge 
management for test and evaluation. 
(D) Time frames required to develop and 
adopt an enterprise approach to knowledge 
management for test and evaluation. 
(E) A description of pilot studies ongoing 
at the time of the date of the enactment of this 
Act or previously conducted related to devel-
oping an enterprise approach to test and eval-
uation knowledge management, including re-
sults of the pilot studies (if available) and les-
sons learned.
362 
Subtitle B—Streamlining of De-
fense Acquisition Statutes and 
Regulations 
SEC. 841. MODIFICATIONS TO THE ADVISORY PANEL ON 
STREAMLINING AND CODIFYING ACQUISI-
TION REGULATIONS. 
(a) EXTENSION OF DATE FOR FINAL REPORT.— 
(1) TRANSMITTAL OF PANEL FINAL REPORT.— 
Subsection (e)(1) of section 809 of the National De-
fense Authorization Act for Fiscal Year 2016 (Pub-
lic Law 114–92; 129 Stat. 889), as amended by sec-
tion 863(d) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2303), is amended— 
(A) by striking ‘‘Not later than two years 
after the date on which the Secretary of De-
fense establishes the advisory panel’’ and insert-
ing ‘‘Not later than January 15, 2019’’; and 
(B) by striking ‘‘the Secretary’’ and insert-
ing ‘‘the Secretary of Defense and the congres-
sional defense committees’’. 
(2) SECRETARY OF DEFENSE ACTION ON FINAL 
REPORT.—Subsection (e)(4) of such section is 
amended—
363 
(A) by striking ‘‘Not later than 30 days’’ 
and inserting ‘‘Not later than 60 days’’; and 
(B) by striking ‘‘the final report, together 
with such comments as the Secretary deter-
mines appropriate,’’ and inserting ‘‘such com-
ments as the Secretary determines appro-
priate’’. 
(b) TERMINATION OF PANEL.—Such section is fur-
ther amended by adding at the end the following new sub-
section: 
‘‘(g) TERMINATION OF PANEL.—The advisory panel 
shall terminate 180 days after the date on which the final 
report of the panel is transmitted pursuant to subsection 
(e)(1) or on such later date as may be specified by the 
Secretary of Defense.’’. 
SEC. 842. EXTENSION OF MAXIMUM DURATION OF FUEL 
STORAGE CONTRACTS. 
(a) EXTENSION.—Section 2922(b) of title 10, United 
States Code, is amended by striking ‘‘20 years’’ and in-
serting ‘‘30 years’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to contracts entered 
into on or after the date of the enactment of this Act and 
may be applied to a contract entered into before that date 
if the total contract period under the contract (including
364 
options) has not expired as of the date of any extension 
of such contract period by reason of such amendment. 
SEC. 843. EXCEPTION FOR BUSINESS OPERATIONS FROM 
REQUIREMENT TO ACCEPT $1 COINS. 
Paragraph (1) of section 5112(p) of title 31, United 
States Code, is amended by adding at the end the fol-
lowing new flush sentence: 
‘‘This paragraph does not apply with respect to busi-
ness operations conducted by any entity under a 
contract with an agency or instrumentality of the 
United States, including any nonappropriated fund 
instrumentality established under title 10, United 
States Code.’’. 
SEC. 844. REPEAL OF EXPIRED PILOT PROGRAM. 
Section 807(c) of Public Law 104–106 (10 U.S.C. 
2401a note) is repealed. 
Subtitle C—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 851. LIMITATION ON UNILATERAL DEFINITIZATION. 
(a) LIMITATION.—Section 2326 of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (c), (d), (e), 
(f), (g), (h), and (i) as subsections (d), (e), (f), (g), 
(h), (i), and (j) respectively; and
365 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) LIMITATION ON UNILATERAL DEFINITIZATION 
BY
CONTRACTING
OFFICER.—With respect to any 
undefinitized contractual action with a value greater than 
$1,000,000,000, if agreement is not reached on contrac-
tual terms, specifications, and price within the period or 
by the date provided in subsection (b)(1), the contracting 
officer may not unilaterally definitize those terms, speci-
fications, or price over the objection of the contractor 
until— 
‘‘(1) the head of the agency approves the 
definitization in writing; 
‘‘(2) the contracting officer provides a copy of 
the written approval to the contractor; and 
‘‘(3) a period of 30 calendar days has elapsed 
after the written approval is provided to the con-
tractor.’’. 
(b) CONFORMING AMENDMENT.—Section 2326(b)(3) 
of such title is amended by striking ‘‘subsection (g)’’ and 
inserting ‘‘subsection (h)’’. 
(c) CONFORMING REGULATIONS.—Not later than 
120 days after the date of the enactment of this Act, the 
Secretary of Defense shall revise the Department of De-
fense Supplement to the Federal Acquisition Regulation
366 
to implement section 2326 of title 10, United States Code, 
as amended by this section. 
SEC. 852. CODIFICATION OF REQUIREMENTS PERTAINING 
TO ASSESSMENT, MANAGEMENT, AND CON-
TROL OF OPERATING AND SUPPORT COSTS 
FOR MAJOR WEAPON SYSTEMS. 
(a) CODIFICATION AND AMENDMENT.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after 
section 2337 the following new section: 
‘‘§ 2337a. Assessment, management, and control of op-
erating and support costs for major 
weapon systems 
‘‘(a) GUIDANCE REQUIRED.—The Secretary of De-
fense shall issue and maintain guidance on actions to be 
taken to assess, manage, and control Department of De-
fense costs for the operation and support of major weapon 
systems. 
‘‘(b) ELEMENTS.—The guidance required by sub-
section (a) shall, at a minimum— 
‘‘(1) be issued in conjunction with the com-
prehensive guidance on life-cycle management and 
the development and implementation of product sup-
port strategies for major weapon systems required 
by section 2337 of this title;
367 
‘‘(2) require the military departments to retain 
each estimate of operating and support costs that is 
developed at any time during the life cycle of a 
major weapon system, together with supporting doc-
umentation used to develop the estimate; 
‘‘(3) require the military departments to update 
estimates of operating and support costs periodically 
throughout the life cycle of a major weapon system, 
to determine whether preliminary information and 
assumptions remain relevant and accurate, and iden-
tify and record reasons for variances; 
‘‘(4) establish policies and procedures for the 
collection, organization, maintenance, and avail-
ability of standardized data on operating and sup-
port costs for major weapon systems in accordance 
with section 2222 of this title; 
‘‘(5) establish standard requirements for the 
collection and reporting of data on operating and 
support costs for major weapon systems by contrac-
tors performing weapon system sustainment func-
tions in an appropriate format, and develop contract 
clauses to ensure that contractors comply with such 
requirements; 
‘‘(6) require the military departments—
368 
‘‘(A) to collect and retain data from oper-
ational and developmental testing and evalua-
tion on the reliability and maintainability of 
major weapon systems; and 
‘‘(B) to use such data to inform system de-
sign decisions, provide insight into sustainment 
costs, and inform estimates of operating and 
support costs for such systems; 
‘‘(7) require the military departments to ensure 
that sustainment factors are fully considered at key 
life cycle management decision points and that ap-
propriate measures are taken to reduce operating 
and support costs by influencing system design early 
in development, developing sound sustainment strat-
egies, and addressing key drivers of costs; 
‘‘(8) require the military departments to con-
duct an independent logistics assessment of each 
major weapon system prior to key acquisition deci-
sion points (including milestone decisions) to identify 
features that are likely to drive future operating and 
support costs, changes to system design that could 
reduce such costs, and effective strategies for man-
aging such costs; 
‘‘(9) include—
369 
‘‘(A) reliability metrics for major weapon 
systems; and 
‘‘(B) requirements on the use of metrics 
under subparagraph (A) as triggers— 
‘‘(i) to conduct further investigation 
and analysis into drivers of those metrics; 
and 
‘‘(ii) to develop strategies for improv-
ing reliability, availability, and maintain-
ability of such systems at an affordable 
cost; and 
‘‘(10) require the military departments to con-
duct periodic reviews of operating and support costs 
of major weapon systems after such systems achieve 
initial operational capability to identify and address 
factors resulting in growth in operating and support 
costs and adapt support strategies to reduce such 
costs. 
‘‘(c) RETENTION OF DATA ON OPERATING AND SUP-
PORT COSTS.— 
‘‘(1) IN GENERAL.—The Director of Cost As-
sessment and Program Evaluation shall be respon-
sible for developing and maintaining a database on 
operating and support estimates, supporting docu-
370 
mentation, and actual operating and support costs 
for major weapon systems. 
‘‘(2) SUPPORT.—The Secretary of Defense shall 
ensure that the Director, in carrying out such re-
sponsibility— 
‘‘(A) promptly receives the results of all 
cost estimates and cost analyses conducted by 
the military departments with regard to oper-
ating and support costs of major weapon sys-
tems; 
‘‘(B) has timely access to any records and 
data of the military departments (including 
classified and proprietary information) that the 
Director considers necessary to carry out such 
responsibility; and 
‘‘(C) with the concurrence of the Under 
Secretary of Defense for Acquisition and 
Sustainment, may direct the military depart-
ments to collect and retain information nec-
essary to support the database. 
‘‘(d) MAJOR WEAPON SYSTEM DEFINED.—In this 
section, the term ‘major weapon system’ has the meaning 
given that term in section 2379(f) of title 10, United 
States Code.’’.
371 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 137 of such title 
is amended by adding after the item relating to sec-
tion 2337 the following new item: 
‘‘2337a. Assessment, management, and control of operating and support costs 
for major weapon systems.’’. 
(b) REPEAL OF SUPERSEDED SECTION.— 
(1) REPEAL.—Section 832 of the National De-
fense Authorization Act for Fiscal Year 2012 (Pub-
lic Law 112–81; 10 U.S.C. 2430 note) is repealed. 
(2) 
CONFORMING
AMENDMENT.—Section 
2441(c) of title 10, United States Code, is amended 
by striking ‘‘section 2337 of this title’’ and all that 
follows through the period and inserting ‘‘sections 
2337 and 2337a of this title.’’. 
SEC. 853. USE OF PROGRAM INCOME BY ELIGIBLE ENTI-
TIES THAT CARRY OUT PROCUREMENT TECH-
NICAL ASSISTANCE PROGRAMS. 
Section 2414 of title 10, United States Code, is 
amended— 
(1) in the section heading, by striking ‘‘LIMI-
TATION’’ and inserting ‘‘FUNDING’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) USE OF PROGRAM INCOME.—
372 
‘‘(1) An eligible entity that earned income in a 
specified fiscal year from activities carried out pur-
suant to a procurement technical assistance program 
funded under this chapter may expend an amount of 
such income not to exceed 25 percent of the cost of 
furnishing procurement technical assistance in such 
specified fiscal year, during the fiscal year following 
the specified fiscal year, to carry out a procurement 
technical assistance program funded under this 
chapter. 
‘‘(2) An eligible entity that does not enter into 
a cooperative agreement with the Secretary for a fis-
cal year— 
‘‘(A) shall notify the Secretary of the 
amount of any income the eligible entity carried 
over from the previous fiscal year; and 
‘‘(B) may retain an amount of such income 
equal to 10 percent of the value of assistance 
furnished by the Secretary under this section 
during the previous fiscal year. 
‘‘(3) In determining the value of assistance fur-
nished by the Secretary under this section for any 
fiscal year, the Secretary shall account for the 
amount of any income the eligible entity carried over 
from the previous fiscal year.’’.
373 
SEC. 854. AMENDMENT TO SUSTAINMENT REVIEWS. 
Section 2441(a) of title 10, United States Code, is 
amended by adding at the end the following: ‘‘The Sec-
retary concerned shall make the memorandum and sup-
porting documentation for each sustainment review avail-
able to the Under Secretary of Defense for Acquisition and 
Sustainment within 30 days after the review is com-
pleted.’’. 
SEC. 855. CLARIFICATION TO OTHER TRANSACTION AU-
THORITY. 
(a) CLARIFICATION TO REQUIREMENT FOR WRITTEN 
DETERMINATIONS FOR PROTOTYPE PROJECTS.—Section 
2371b(a)(2) of title 10, United States Code, is amended 
by striking ‘‘for a prototype project’’ each place such term 
appears and inserting ‘‘for a transaction (for a prototype 
project)’’. 
(b) CLARIFICATION OF INCLUSION OF SMALL BUSI-
NESSES PARTICIPATING
IN SBIR OR STTR.—Section 
2371b(d)(1)(B) of title 10, United States Code, is amend-
ed by inserting ‘‘(including small businesses participating 
in a program described under section 9 of the Small Busi-
ness Act (15 U.S.C. 638))’’ after ‘‘small businesses’’.
374 
SEC. 856. CLARIFYING THE USE OF LOWEST PRICE TECH-
NICALLY ACCEPTABLE SOURCE SELECTION 
PROCESS. 
Section 813 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2270; 10 U.S.C. 2305 note) is amended— 
(1) in subsection (b)— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (6), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(7) the Department of Defense would realize 
minimal or no additional innovation or future tech-
nological advantage; and 
‘‘(8) with respect to a contract for procurement 
of goods, the goods procured are predominately ex-
pendable in nature, nontechnical, or have a short life 
expectancy or short shelf life.’’; and 
(2) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; or’’; and
375 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) electronic test and measurement equip-
ment for which calibration or repair costs are ex-
pected to substantially affect full life-cycle costs.’’. 
SEC. 857. AMENDMENT TO NONTRADITIONAL AND SMALL 
CONTRACTOR 
INNOVATION 
PROTOTYPING 
PROGRAM. 
Section 884(d) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2318; 10 U.S.C.2301 note) is amended— 
(1) by redesignating paragraph (9) as para-
graph (10); and 
(2) by inserting after paragraph (8) the fol-
lowing new paragraph (9): 
‘‘(9) Unmanned ground logistics and unmanned air 
logistics capabilities enhancement.’’. 
SEC. 858. MODIFICATION TO ANNUAL MEETING REQUIRE-
MENT 
OF 
CONFIGURATION 
STEERING 
BOARDS. 
Section 814(c)(4) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4529; 10 U.S.C. 2430 note) is 
amended by striking ‘‘year.’’ and inserting ‘‘year, unless 
the senior acquisition executive of the military department
376 
concerned determines in writing that there have been no 
changes to the program requirements of a major defense 
acquisition program during the preceding year.’’. 
SEC. 859. CHANGE TO DEFINITION OF SUBCONTRACT IN 
CERTAIN CIRCUMSTANCES. 
Section 1906(c)(1) of title 41, United States Code, 
is amended by adding at the end the following: ‘‘The term 
does not include agreements entered into by a contractor 
for the supply of commodities that are intended for use 
in the performance of multiple contracts with the Govern-
ment and other parties and are not identifiable to any par-
ticular contract.’’. 
SEC. 860. AMENDMENT RELATING TO APPLICABILITY OF 
INFLATION ADJUSTMENTS. 
Subsection 1908(d) of title 41, United States Code, 
is amended by inserting before the period at the end the 
following: ‘‘, and shall apply, in the case of the procure-
ment of property or services by contract, to a contract, 
and any subcontract at any tier under the contract, in ef-
fect on that date without regard to the date of award of 
the contract or subcontract.’’.
377 
SEC. 860A. EXEMPTION OF CERTAIN CONTRACTS FROM IN-
FLATION ADJUSTMENTS. 
Subparagraph (B) of section 1908(b)(2) of title 41, 
United States Code, is amended by inserting ‘‘3131 to 
3134,’’ after ‘‘sections’’. 
SEC. 860B. INCLUSION OF SBIR AND STTR PROGRAMS IN 
TECHNICAL ASSISTANCE. 
Subsection (c) of section 2418 of title 10, United 
States Code, is amended— 
(1) by striking ‘‘issued under’’ and inserting the 
following: ‘‘issued— 
‘‘(1) under’’; 
(2) by striking ‘‘and on’’ and inserting ‘‘, and 
on’’; 
(3) by striking ‘‘requirements.’’ and inserting 
‘‘requirements; and’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) under section 9 of the Small Business Act 
(15 U.S.C. 638), and on compliance with those re-
quirements.’’. 
Subtitle D—Other Matters 
SEC. 861. EXEMPTION FROM DESIGN-BUILD SELECTION 
PROCEDURES. 
Subsection (d) of section 2305a of title 10, United 
States Code, is amended by striking the second and third
378 
sentences and inserting the following: ‘‘If the contract 
value exceeds $4,000,000, the maximum number specified 
in the solicitation shall not exceed 5 unless— 
‘‘(1) the solicitation is issued pursuant to a in-
definite delivery-indefinite quantity contract for de-
sign-build construction; or 
‘‘(2)(A) the head of the contracting activity, 
delegable to a level no lower than the senior con-
tracting official within the contracting activity, ap-
proves the contracting officer’s justification with re-
spect to an individual solicitation that a number 
greater than 5 is in the Federal Government’s inter-
est; and 
‘‘(B) the contracting officer shall provide writ-
ten documentation of how a maximum number ex-
ceeding 5 is consistent with the purposes and objec-
tives of the two-phase selection procedures.’’. 
SEC. 862. REQUIREMENT THAT CERTAIN SHIP COMPO-
NENTS 
BE 
MANUFACTURED 
IN 
THE 
NA-
TIONAL 
TECHNOLOGY 
AND 
INDUSTRIAL 
BASE. 
(a) ADDITIONAL PROCUREMENT LIMITATION.—Sec-
tion 2534(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph:
379 
‘‘(6) COMPONENTS
FOR
AUXILIARY
SHIPS.— 
Subject to subsection (k), the following components: 
‘‘(A) 
Auxiliary 
equipment, 
including 
pumps, for all shipboard services. 
‘‘(B) Propulsion system components, in-
cluding engines, reduction gears, and propellers. 
‘‘(C) Shipboard cranes. 
‘‘(D) Spreaders for shipboard cranes.’’. 
(b) IMPLEMENTATION.—Such section is further 
amended by adding at the end the following new sub-
section: 
‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO-
NENT LIMITATION.—Subsection (a)(6) applies only with 
respect to contracts awarded by the Secretary of a military 
department for new construction of an auxiliary ship after 
the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2018 using funds available for 
National Defense Sealift Fund programs or Shipbuilding 
and Conversion, Navy.’’. 
SEC. 863. PROCUREMENT OF AVIATION CRITICAL SAFETY 
ITEMS. 
Section 814(a) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 
2271; 10 U.S.C. 2302 note) is amended— 
(1) in paragraph (1)—
380 
(A) by inserting ‘‘or an aviation critical 
safety item (as defined in section 2319(g) of 
this title)’’ after ‘‘personal protective equip-
ment’’; and 
(B) by inserting ‘‘equipment or’’ after 
‘‘failure of the’’; and 
(2) in paragraph (2), by inserting ‘‘or item’’ 
after ‘‘equipment’’. 
SEC. 864. MILESTONES AND TIMELINES FOR CONTRACTS 
FOR FOREIGN MILITARY SALES. 
(a) ESTABLISHMENT OF STANDARD TIMELINES FOR 
FOREIGN MILITARY SALES.—The Secretary of Defense 
shall establish specific milestones and standard timelines 
to achieve such milestones for a foreign military sale (as 
authorized under chapter 2 of the Arms Export Control 
Act (22 U.S.C. 2761 et seq.)), including milestones and 
timelines for actions that occur after a letter of offer and 
acceptance (as described in chapter 5 of the Security As-
sistance Management Manual of the Defense Security Co-
operation Agency) for such foreign military sale is com-
pleted. Such milestones and timelines— 
(1) may vary depending on the complexity of 
the foreign military sale; and 
(2) shall cover the period beginning on the date 
of receipt of a complete letter of request (as de-
381 
scribed in such chapter 5) from a foreign country 
and ending on the date of the final delivery of a de-
fense article or defense service sold through the for-
eign military sale. 
(b) SUBMISSIONS TO CONGRESS.— 
(1) QUARTERLY
NOTIFICATION.—During the 
period beginning on the date of the enactment of 
this Act and ending on December 31, 2021, the Sec-
retary shall submit to the congressional defense com-
mittees, the Committee on Foreign Affairs of the 
House of Representatives, and the Committee on 
Foreign Relations of the Senate, on a quarterly 
basis, a report that includes a list of each foreign 
military sale with a value greater than or equal to 
the dollar threshold for congressional notification 
under section 36 of the Arms Export Control Act 
(22 U.S.C. 2776)— 
(A) for which the final delivery of a de-
fense article or defense service has not been 
completed; and 
(B) that failed to meet a standard timeline 
to achieve a milestone as established under sub-
section (a). 
(2) ANNUAL REPORT.—Not later than Novem-
ber 1, 2019, and annually thereafter until December
382 
31, 2021, the Secretary shall submit to the commit-
tees described in paragraph (1) a report that sum-
marizes— 
(A) the number, set forth separately by 
dollar value and milestone, of foreign military 
sales that met the standard timeline to achieve 
a milestone established under subsection (a) 
during the preceding fiscal year; and 
(B) the number, set forth separately by 
dollar value, milestone, and case development 
extenuating factor, of foreign military sales that 
failed to meet the standard timeline to achieve 
a milestone established under subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) DEFENSE ARTICLE; DEFENSE SERVICE.— 
The terms ‘‘defense article’’ and ‘‘defense service’’ 
have the meanings given those terms, respectively, in 
section 47 of the Arms Export Control Act (22 
U.S.C. 2794). 
(2) CASE
DEVELOPMENT
EXTENUATING
FAC-
TOR.—The term ‘‘case development extenuating fac-
tor’’ means a reason from a list of reasons developed 
by the Secretary (such as a change in requirements, 
delay in performance, or failure to receive funding) 
for the failure of a foreign military sale to meet a
383 
standard timeline to achieve a milestone established 
under subsection (a). 
SEC. 865. NOTIFICATION REQUIREMENT FOR CERTAIN 
CONTRACTS FOR AUDIT SERVICES. 
(a) NOTIFICATION TO CONGRESS.—If the Under Sec-
retary of Defense (Comptroller) makes a written finding 
that a delay in performance of a covered contract while 
a protest is pending would hinder the annual preparation 
of audited financial statements for the Department of De-
fense, and the head of the procuring activity responsible 
for the award of the covered contract does not authorize 
the award of the contract (pursuant to section 3553(c)(2) 
of title 31, United States Code) or the performance of the 
contract (pursuant to section 3553(d)(3)(C) of such title), 
the Secretary of Defense shall— 
(1) notify the congressional defense committees 
within 10 days after such finding is made; and 
(2) describe any steps the Department of De-
fense plans to take to mitigate any hindrance identi-
fied in such finding to the annual preparation of au-
dited financial statements for the Department. 
(b) COVERED CONTRACT DEFINED.—In this section, 
the term ‘‘covered contract’’ means a contract for services 
to perform an audit to comply with the requirements of 
section 3515 of title 31, United States Code.
384 
SEC. 866. TRAINING IN ACQUISITION OF COMMERCIAL 
ITEMS. 
(a) TRAINING.—Not later than 180 days after the 
date of the enactment of this Act, the President of the 
Defense Acquisition University shall establish a com-
prehensive training program on the acquisition of commer-
cial items, including part 12 of the Federal Acquisition 
Regulation. The curriculum shall include, at a minimum, 
the following: 
(1) The reasons for and appropriate uses of 
part 12 of the Federal Acquisition Regulation, in-
cluding the preference for the acquisition of commer-
cial items under section 2377 of title 10, United 
States Code. 
(2) The definition of a commercial item, includ-
ing the interpretation of the phrase ‘‘of a type’’. 
(3) Price analysis and negotiations. 
(4) Market research and analysis. 
(5) Independent cost estimates. 
(6) Parametric estimating methods. 
(7) Value analysis. 
(8) Other topics on the acquisition of commer-
cial items necessary to ensure a well-educated acqui-
sition workforce. 
(b) STUDENT ENROLLMENT.—The President of the 
Defense Acquisition University shall set goals for student
385 
enrollment for the training program established under 
subsection (a). 
SEC. 867. NOTICE OF COST-FREE FEDERAL PROCUREMENT 
TECHNICAL 
ASSISTANCE 
IN 
CONNECTION 
WITH REGISTRATION OF SMALL BUSINESS 
CONCERNS ON PROCUREMENT WEBSITES OF 
THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish procedures to ensure that any notice or direct com-
munication regarding the registration of a small business 
concern on a website maintained by the Department of 
Defense relating to contracting opportunities contains in-
formation about cost-free Federal procurement technical 
assistance services that are available through a procure-
ment technical assistance program established under chap-
ter 142 of title 10, United States Code. 
(b) SMALL BUSINESS CONCERN DEFINED.—The 
term ‘‘small business concern’’ has the meaning given such 
term under section 3 of the Small Business Act (15 U.S.C. 
632). 
SEC. 868. COMPTROLLER GENERAL REPORT ON CON-
TRACTOR 
BUSINESS 
SYSTEM 
REQUIRE-
MENTS. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States
386 
shall submit to the congressional defense committees a re-
port on the feasibility and effects of an increase to the 
percentage of total gross revenue included in the definition 
of the term ‘‘covered contractor’’ in section 893(g)(2) of 
the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 
note). Such report shall include— 
(1) an assessment of the effects of the amend-
ment to such definition made by subsection (c) of 
section 893 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328); 
and 
(2) the feasibility and effects of a subsequent 
increase to the percentage of total gross revenue in-
cluded in such definition. 
SEC. 869. STANDARD GUIDELINES FOR EVALUATION OF RE-
QUIREMENTS FOR SERVICES CONTRACTS. 
(a) IN GENERAL.—The Secretary of Defense shall 
encourage the use of standard guidelines within the De-
partment of Defense for the evaluation of requirements 
for services contracts. Such guidelines shall be available 
to the Services Requirements Review Boards (established 
under Department of Defense Instruction 5000.74, titled 
‘‘Defense Acquisition of Services’’ and dated January 5, 
2016, or a successor instruction) within each Defense
387 
Agency, each Department of Defense Field Activity, and 
each military department for the purpose of standardizing 
the requirements evaluation required under section 2329 
of title 10, United States Code, as added by this Act. Such 
guidelines may provide policy guidance or tools, including 
a comprehensive checklist of total force management poli-
cies and procedures that is modeled after the checklist 
used by the Army, to aid uniform decision-making during 
the requirements evaluation process. 
(b) DEFINITIONS.—In this section— 
(1) the terms ‘‘Defense Agency’’, ‘‘Department 
of Defense Field Activity’’, and ‘‘military depart-
ment’’ have the meanings given those terms in sec-
tion 101 of title 10, United States Code; and 
(2) the term ‘‘total force management policies 
and procedures’’ means the policies and procedures 
established under section 129a of such title. 
SEC. 870. TEMPORARY LIMITATION ON AGGREGATE AN-
NUAL AMOUNT AVAILABLE FOR CONTRACT 
SERVICES. 
(a) LIMITATION.—Except as provided in subsection 
(b)(1), the total amount obligated by the Department of 
Defense for contract services in fiscal year 2018 may not 
exceed the total amount requested for the Department for 
contract services in the budget of the President for fiscal
388 
year 2010 (as submitted to Congress pursuant to section 
1105(a) of title 31, United States Code) adjusted for net 
transfers from funding for overseas contingency oper-
ations. 
(b) DEFINITIONS.—In this section: 
(1) CONTRACT SERVICES.—The term ‘‘contract 
services’’ has the meaning given that term in section 
235 of title 10, United States Code, except that the 
term does not include services that are funded out 
of amounts available for overseas contingency oper-
ations. 
(2) TRANSFERS FROM FUNDING FOR OVERSEAS 
CONTINGENCY
OPERATIONS.—The term ‘‘transfers 
from funding for overseas contingency operations’’ 
means amounts funded out of amounts available for 
overseas contingency operations in fiscal year 2010 
that are funded out of amounts other than amounts 
so available in fiscal year 2018. 
SEC. 871. DEVELOPMENT OF PROCUREMENT ADMINISTRA-
TIVE LEAD TIME. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall develop, make available for public comment, and fi-
nalize—
389 
(1) a definition of the term ‘‘Procurement Ad-
ministrative Lead Time’’ or ‘‘PALT’’, to be applied 
Department of Defense-wide, that describes the 
amount of time from the date on which a solicitation 
is issued to the date of an initial award of a contract 
or task order of the Department of Defense; and 
(2) a plan for measuring and publicly reporting 
data on PALT for Department of Defense contracts 
and task orders above the micro-purchase threshold. 
(b) REQUIREMENT
FOR DEFINITION.—Unless the 
Secretary determines otherwise, the amount of time in the 
definition of PALT developed under subsection (a) shall— 
(1) begin on the date on which a solicitation is 
issued for a contract or task order of the Depart-
ment of Defense by the Secretary of a military de-
partment or head of a Defense Agency; and 
(2) end on the date of an initial award of the 
contract or task order. 
(c) DEVIATION FROM PALT MILESTONES.—The 
Secretary may deviate from current PALT milestones as 
the Secretary determines necessary, to develop the defini-
tion of PALT under subsection (a). 
(d) COORDINATION.—In developing the definition of 
PALT, the Secretary shall coordinate with the senior con-
tracting official of each military department and Defense
390 
Agency to determine the variations of the definition in use 
across the Department of Defense and each military de-
partment and Defense Agency. 
(e) USE OF EXISTING PROCUREMENT DATA SYS-
TEMS.—In developing the plan for measuring and publicly 
reporting data on PALT required by subsection (a), the 
Secretary shall consider, to the maximum extent prac-
ticable, relying on the information captured by the Federal 
procurement data system established pursuant to section 
1122(a)(4) of title 41, United States Code (or any similar 
or successor system). 
SEC. 872. SENSE OF CONGRESS REGARDING STEEL PRO-
DUCED IN THE UNITED STATES. 
(a) FINDINGS.—Congress finds the following: 
(1) Frequent surges in unfairly trade steel im-
ports have materially injured the iron ore and steel 
industries in the United States, putting our national, 
economic, and energy security at risk. 
(2) High-quality American steel products are 
vital to the success of the United States military and 
are used in a variety of applications from aircraft 
carriers to armor plate for tanks. 
(3) Domestic producers of defense-related steel 
products are dependent on the overall financial
391 
health of the iron ore and steel industries in the 
United States. 
(4) The loss of a strong domestic iron ore and 
steel industry would make the United States dan-
gerously dependent upon foreign sources of steel, 
such as China. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that a strong domestic iron ore and steel industry 
is vital to the national security of the United States. 
SEC. 873. AMENDMENTS RELATING TO INFORMATION 
TECHNOLOGY. 
(a) ELIMINATION OF SUNSET RELATING TO TRANS-
PARENCY AND RISK MANAGEMENT OF MAJOR INFORMA-
TION TECHNOLOGY INVESTMENTS.—Subsection (c) of 
section 11302 of title 40, United States Code, is amended 
by striking the first paragraph (5). 
(b) ELIMINATION OF SUNSET RELATING TO INFOR-
MATION TECHNOLOGY PORTFOLIO, PROGRAM, AND RE-
SOURCE REVIEWS.—Section 11319 of title 40, United 
States Code, is amended— 
(1) by redesignating the second subsection (c) 
as subsection (d); and 
(2) in subsection (d), as so redesignated, by 
striking paragraph (6).
392 
(c) EXTENSION OF SUNSET RELATING TO FEDERAL 
DATA CENTER CONSOLIDATION INITIATIVE.—Subsection 
(e) of section 834 of the National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 44 U.S.C. 
3601 note) is amended by striking ‘‘2018’’ and inserting 
‘‘2020’’. 
SEC. 874. REPEAL OF CERTAIN AUDITING REQUIREMENTS. 
Section 190 of title 10, United States Code, as pro-
posed to be added by section 820(b)(1) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114–328; 130 Stat. 2274), is amended by striking 
subsection (f). 
SEC. 875. PROHIBITION ON CONTRACTING WITH CERTAIN 
TELECOMMUNICATIONS PROVIDERS. 
(a) LIST OF COVERED CONTRACTORS.—Not later 
than 30 days after the date of the enactment of this Act, 
the Director of National Intelligence shall develop a list 
of covered contractors, to be updated as frequently as the 
Director determines appropriate, and shall make such list 
available to the Secretary of Defense. 
(b) PROHIBITION ON CONTRACTS.—The Secretary of 
Defense may not enter into a contract with a covered con-
tractor on the list described under subsection (a). 
(c) REMOVAL FROM LIST.—To be removed from the 
list described in subsection (a), a covered contractor may
393 
submit a request to the Director in such manner as the 
Director determines appropriate. Upon certification of the 
request, the Director shall remove the covered contractor 
from the list. 
(d) WAIVER.—The President may waive the require-
ments of subsection (b) if the President determines that 
the waiver is justified for national security reasons. 
(e) COVERED CONTRACTOR DEFINED.—The term 
‘‘covered contractor’’ means a provider of telecommuni-
cations or telecommunications equipment that has been 
found by the Director to have knowingly assisted or facili-
tated a cyber attack carried out by or on behalf of the 
government of the Democratic People’s Republic of Korea 
or persons associated with such government. 
(f) EFFECTIVE DATE.—This section shall apply with 
respect to contracts of a covered contractor entered into 
on or after the date of the enactment of this Act. 
SEC. 876. ASSESSMENT AND AUTHORITY TO TERMINATE OR 
PROHIBIT CONTRACTS FOR PROCUREMENT 
FROM CHINESE COMPANIES PROVIDING SUP-
PORT TO THE DEMOCRATIC PEOPLE’S RE-
PUBLIC OF KOREA. 
(a) ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense, in 
consultation with the Secretary of State, the Sec-
394 
retary of the Treasury, and the Director of National 
Intelligence, shall conduct an assessment of trade 
between the People’s Republic of China and the 
Democratic People’s Republic of Korea, including 
elements deemed to be important to United States 
national security and defense. 
(2) ELEMENTS.—The assessment required by 
paragraph (1) shall— 
(A) assess the composition of all trade be-
tween China and the Democratic People’s Re-
public of Korea, including trade in goods and 
services; 
(B) identify whether any Chinese commer-
cial entities that are engaged in such trade ma-
terially support illicit activities on the part of 
North Korea; 
(C) evaluate the extent to which the 
United States Government procures goods or 
services from any commercial entity identified 
under subparagraph (B); 
(D) provide a list of commercial entities 
identified under subparagraph (B) that provide 
defense goods or services for the Department of 
Defense; and
395 
(E) evaluate the ramifications to United 
States national security, including any impacts 
to the defense industrial base, Department of 
Defense acquisition programs, and Department 
of Defense logistics or supply chains, of prohib-
iting procurements from commercial entities 
listed under subparagraph (D). 
(3) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report on the 
assessment required by paragraph (1). The report 
shall be submitted in unclassified form, but may 
contain a classified annex. 
(b) AUTHORITY.—The Secretary of Defense may ter-
minate existing contracts or prohibit the award of con-
tracts for the procurement of goods or services for the De-
partment of Defense from a Chinese commercial entity 
listed under subsection (a)(2)(D) based on a determina-
tion informed by the assessment required under subsection 
(a). 
(c) NOTIFICATION.—The Secretary of Defense shall 
submit to the appropriate committees of Congress a notifi-
cation of, and detailed justification for, any exercise of the 
authority in subsection (b) not less than 30 days before 
the date on which the authority is exercised.
396 
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
SEC. 877. REPORT ON SOURCING OF TUNGSTEN AND TUNG-
STEN 
POWDERS 
FROM 
DOMESTIC 
PRO-
DUCERS. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the procurement of tungsten and tungsten pow-
ders for military applications. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) An overview of the quantities and countries 
of origin of tungsten and tungsten powders that are 
procured by the Department of Defense or prime 
contractors of the Department for military applica-
tions.
397 
(2) An evaluation of the effects on the Depart-
ment if domestic-produced tungsten and tungsten 
powders are given priority. 
(3) An evaluation of the effects on the Depart-
ment if tungsten and tungsten powders are required 
to be procured from only domestic producers. 
(4) An estimate of any costs associated with do-
mestic sourcing requirements related to tungsten 
and tungsten powders. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Organization and Man-
agement of the Department of 
Defense Generally 
SEC. 901. RESPONSIBILITY OF THE CHIEF INFORMATION 
OFFICER OF THE DEPARTMENT OF DEFENSE 
FOR RISK MANAGEMENT ACTIVITIES RE-
GARDING SUPPLY CHAIN FOR INFORMATION 
TECHNOLOGY SYSTEMS. 
Section 142(b)(1) of title 10, United States Code, is 
amended— 
(1) in subparagraph (H), by striking ‘‘and’’ at 
the end;
398 
(2) in subparagraph (I), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(J) has the responsibilities for policy, over-
sight, guidance, and coordination for risk manage-
ment activities for the Department regarding the 
supply chain for information technology systems.’’. 
SEC. 902. REPEAL OF OFFICE OF CORROSION POLICY AND 
OVERSIGHT. 
(a) REPEAL.—Section 2228 of title 10, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 131 of title 10, United States 
Code, is amended by striking the item relating to section 
2228. 
SEC. 903. DESIGNATION OF CORROSION CONTROL AND 
PREVENTION EXECUTIVES FOR THE MILI-
TARY DEPARTMENTS. 
(a) DEPARTMENT OF THE ARMY.— 
(1) DESIGNATION.—Chapter 303 of title 10, 
United States Code, is amended by adding at the 
end the following new section:
399 
‘‘§ 3025. Corrosion control and prevention executive 
‘‘(a) DESIGNATION.—(1) There is a corrosion control 
and prevention executive in the Department of the Army. 
The Assistant Secretary of the Army for Acquisition, 
Technology, and Logistics shall designate the corrosion 
control and prevention executive. 
‘‘(2) In addition to the duties assigned under sub-
section (c), the principal responsibility of the civilian em-
ployee designated as the corrosion control and prevention 
executive shall be coordinating Department of the Army 
corrosion control and prevention program activities (in-
cluding budget programming) with the Department and 
the Office of the Secretary of Defense, the program execu-
tive officers of the Department, and relevant major subor-
dinate commands of the Department. 
‘‘(3) The corrosion control and prevention executive 
shall be a civilian employee of the Department in the grade 
GS-15 or higher of the General Schedule. 
‘‘(b) QUALIFICATIONS.—In order to qualify for des-
ignation as the corrosion control and prevention executive 
in the Department of the Army, an individual shall, at 
a minimum— 
‘‘(1) have a working knowledge of corrosion 
prevention and control; 
‘‘(2) have strong program management and 
communication skills; and
400 
‘‘(3) understand the acquisition, research and 
development, test and evaluation, and sustainment 
policies and procedures across the Department, in-
cluding sustainment of infrastructure. 
‘‘(c) DUTIES.—(1) The corrosion control and preven-
tion executive in the Department of the Army shall ensure 
that corrosion control and prevention is maintained in the 
Department’s policy and guidance for management of each 
of the following: 
‘‘(A) System acquisition and production, includ-
ing design and maintenance. 
‘‘(B) Research, development, test, and evalua-
tion programs and activities. 
‘‘(C) Equipment standardization programs, in-
cluding international standardization agreements. 
‘‘(D) Logistics research and development initia-
tives. 
‘‘(E) Logistics support analysis as it relates to 
integrated logistic support in the materiel acquisition 
process. 
‘‘(F) Military infrastructure design, construc-
tion, and maintenance. 
‘‘(2) The corrosion control and prevention executive 
in the Department shall be responsible for identifying the
401 
funding levels necessary to accomplish the items specified 
in paragraph (1). 
‘‘(3) In cooperation with the appropriate staff of the 
Department, the corrosion control and prevention execu-
tive in the Department shall, develop, support, and provide 
the rationale for resources— 
‘‘(A) to initiate and sustain an effective corro-
sion control and prevention program in the Depart-
ment; 
‘‘(B) to evaluate the program’s effectiveness; 
and 
‘‘(C) to ensure that corrosion control and pre-
vention requirements for materiel are reflected in 
budgeting and policies of the Department for the 
formulation, management, and evaluation of per-
sonnel and programs for the entire Department, in-
cluding the Army Reserve and the Army National 
Guard. 
‘‘(4) The corrosion control and prevention executive 
in the Department shall submit an annual report, not later 
than December 31 of each year, to the Secretary of the 
Army and the Secretary of Defense containing rec-
ommendations pertaining to the corrosion control and pre-
vention program of the Department, including corrosion-
402 
related funding levels to carry out all of the duties of the 
executive under this section. 
‘‘(5) The corrosion control and prevention executive 
in the Department may not be assigned other duties that 
may interfere with the duties specified in this subsection 
and the principal responsibility assigned under subsection 
(a)(2).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 303 of title 10, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘3025. Corrosion control and prevention executive.’’. 
(b) DEPARTMENT OF THE NAVY.— 
(1) DESIGNATION.—Chapter 503 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 5029. Corrosion control and prevention executive 
‘‘(a) DESIGNATION.—(1) There is a corrosion control 
and prevention executive in the Department of the Navy. 
The Assistant Secretary of the Navy for Research, Devel-
opment, and Acquisition shall designate the corrosion con-
trol and prevention executive. 
‘‘(2) In addition to the duties assigned under sub-
section (c), the principal responsibility of the civilian em-
ployee designated as the corrosion control and prevention 
executive shall be coordinating Department of the Navy
403 
corrosion control and prevention program activities (in-
cluding budget programming) with the Department and 
the Office of the Secretary of Defense, the program execu-
tive officers of the Department, and relevant major subor-
dinate commands of the Department. 
‘‘(3) The corrosion control and prevention executive 
shall be a civilian employee of the Department in the grade 
GS-15 or higher of the General Schedule. 
‘‘(b) QUALIFICATIONS.—In order to qualify for des-
ignation as the corrosion control and prevention executive 
in the Department of the Navy, an individual shall, at a 
minimum— 
‘‘(1) have a working knowledge of corrosion 
prevention and control; 
‘‘(2) have strong program management and 
communication skills; and 
‘‘(3) understand the acquisition, research and 
development, test and evaluation, and sustainment 
policies and procedures across the Department, in-
cluding sustainment of infrastructure. 
‘‘(c) DUTIES.—(1) The corrosion control and preven-
tion executive in the Department of the Navy shall ensure 
that corrosion control and prevention is maintained in the 
Department’s policy and guidance for management of each 
of the following:
404 
‘‘(A) System acquisition and production, includ-
ing design and maintenance. 
‘‘(B) Research, development, test, and evalua-
tion programs and activities. 
‘‘(C) Equipment standardization programs, in-
cluding international standardization agreements. 
‘‘(D) Logistics research and development initia-
tives. 
‘‘(E) Logistics support analysis as it relates to 
integrated logistic support in the materiel acquisition 
process. 
‘‘(F) Military infrastructure design, construc-
tion, and maintenance. 
‘‘(2) The corrosion control and prevention executive 
in the Department shall be responsible for identifying the 
funding levels necessary to accomplish the items specified 
in paragraph (1). 
‘‘(3) In cooperation with the appropriate staff of the 
Department, the corrosion control and prevention execu-
tive in the Department shall, develop, support, and provide 
the rationale for resources— 
‘‘(A) to initiate and sustain an effective corro-
sion control and prevention program in the Depart-
ment;
405 
‘‘(B) to evaluate the program’s effectiveness; 
and 
‘‘(C) to ensure that corrosion control and pre-
vention requirements for materiel are reflected in 
budgeting and policies of the Department for the 
formulation, management, and evaluation of per-
sonnel and programs for the entire Department, in-
cluding the Navy Reserve and the Marine Corps Re-
serve. 
‘‘(4) The corrosion control and prevention executive 
in the Department shall submit an annual report, not later 
than December 31 of each year, to the Secretary of the 
Navy and the Secretary of Defense containing rec-
ommendations pertaining to the corrosion control and pre-
vention program of the Department, including corrosion- 
related funding levels to carry out all of the duties of the 
executive under this section. 
‘‘(5) The corrosion control and prevention executive 
in the Department may not be assigned other duties that 
may interfere with the duties specified in this subsection 
and the principal responsibility assigned under subsection 
(a)(2).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 503 of title 10,
406 
United States Code, is amended by adding at the 
end the following new item: 
‘‘5029. Corrosion control and prevention executive.’’. 
(c) DEPARTMENT OF THE AIR FORCE.— 
(1) DESIGNATION.—Chapter 803 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 8025. Corrosion control and prevention executive 
‘‘(a) DESIGNATION.—(1) There is a corrosion control 
and prevention executive in the Department of the Air 
Force. The Assistant Secretary of the Air Force for Acqui-
sition, Technology, and Logistics shall designate the corro-
sion control and prevention executive. 
‘‘(2) In addition to the duties assigned under sub-
section (c), the principal responsibility of the civilian em-
ployee designated as the corrosion control and prevention 
executive shall be coordinating Department of the Air 
Force corrosion control and prevention program activities 
(including budget programming) with the Department and 
the Office of the Secretary of Defense, the program execu-
tive officers of the Department, and relevant major subor-
dinate commands of the Department. 
‘‘(3) The corrosion control and prevention executive 
shall be a civilian employee of the Department in the grade 
GS-15 or higher of the General Schedule.
407 
‘‘(b) QUALIFICATIONS.—In order to qualify for des-
ignation as the corrosion control and prevention executive 
in the Department of the Air Force, an individual shall, 
at a minimum— 
‘‘(1) have a working knowledge of corrosion 
prevention and control; 
‘‘(2) have strong program management and 
communication skills; and 
‘‘(3) understand the acquisition, research and 
development, test and evaluation, and sustainment 
policies and procedures across the Department, in-
cluding sustainment of infrastructure. 
‘‘(c) DUTIES.—(1) The corrosion control and preven-
tion executive in the Department of the Air Force shall 
ensure that corrosion control and prevention is maintained 
in the Department’s policy and guidance for management 
of each of the following: 
‘‘(A) System acquisition and production, includ-
ing design and maintenance. 
‘‘(B) Research, development, test, and evalua-
tion programs and activities. 
‘‘(C) Equipment standardization programs, in-
cluding international standardization agreements. 
‘‘(D) Logistics research and development initia-
tives.
408 
‘‘(E) Logistics support analysis as it relates to 
integrated logistic support in the materiel acquisition 
process. 
‘‘(F) Military infrastructure design, construc-
tion, and maintenance. 
‘‘(2) The corrosion control and prevention executive 
in the Department shall be responsible for identifying the 
funding levels necessary to accomplish the items specified 
in paragraph (1). 
‘‘(3) In cooperation with the appropriate staff of the 
Department, the corrosion control and prevention execu-
tive in the Department shall, develop, support, and provide 
the rationale for resources— 
‘‘(A) to initiate and sustain an effective corro-
sion control and prevention program in the Depart-
ment; 
‘‘(B) to evaluate the program’s effectiveness; 
and 
‘‘(C) to ensure that corrosion control and pre-
vention requirements for materiel are reflected in 
budgeting and policies of the Department for the 
formulation, management, and evaluation of per-
sonnel and programs for the entire Department, in-
cluding the Air Force Reserve and the Air National 
Guard.
409 
‘‘(4) The corrosion control and prevention executive 
in the Department shall submit an annual report, not later 
than December 31 of each year, to the Secretary of the 
Air Force and the Secretary of Defense containing rec-
ommendations pertaining to the corrosion control and pre-
vention program of the Department, including corrosion- 
related funding levels to carry out all of the duties of the 
executive under this section. 
‘‘(5) The corrosion control and prevention executive 
in the Department may not be assigned other duties that 
may interfere with the duties specified in this subsection 
and the principal responsibility assigned under subsection 
(a)(2).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 803 of title 10, 
United States Code, is amended by adding at the 
end the following new item: 
‘‘8025. Corrosion control and prevention executive.’’. 
(d) REPEAL OF REPLACED PROVISION.—Effective 90 
days after the date of the enactment of this Act, section 
903 of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–117; 10 
U.S.C. 2228 note) is repealed. 
(e) DEADLINE FOR DESIGNATION.—Corrosion con-
trol and prevention executives who satisfy the qualifica-
tions specified in subsection (b) of sections 3025, 5029,
410 
and 8025 of title 10, United States Code, as added by 
this section, shall be designated not later than 90 days 
after the date of the enactment of this Act. 
SEC. 904. MAINTAINING CIVILIAN WORKFORCE CAPABILI-
TIES TO SUSTAIN READINESS, THE ALL VOL-
UNTEER FORCE, AND OPERATIONAL EFFEC-
TIVENESS. 
Section 912(a)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328) is 
amended by adding at the end the following new subpara-
graphs: 
‘‘(D) The minimum civilian end strength 
specified in section 691 of title 10, United 
States Code, needed to support the national 
military strategy. 
‘‘(E) A civilian operating force structure 
sized for operational effectiveness, that is 
manned, equipped and trained to support de-
ployment time and rotation ratios sized to sus-
tain the readiness and needed retention levels 
for the regular and reserve components accord-
ing to the judgment of the Joint Chiefs of Staff 
in fulfillment of their responsibilities under sec-
tions 151, 3033, 5033, 8033 and 5044 of title 
10, United States Code.
411 
‘‘(F) The development of civilian workforce 
levels to ensure that every proposal to change 
military force structure is accompanied with the 
associated civilian force structure changes need-
ed to support that military force structure. 
‘‘(G) The hiring authorities and other ac-
tions that the Secretary of Defense or the Sec-
retary of the military department will take to 
eliminate any gaps between desired pro-
grammed civilian workforce levels and the exist-
ing size of the civilian workforce by mission and 
functional area. 
‘‘(H) A civilian workforce plan that is con-
sistent with the total force management re-
quirements of sections 129 and 129a of title 10, 
United States Code.’’. 
Subtitle B—Designation of the 
Navy and Marine Corps 
SEC. 911. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF MILITARY DEPARTMENT.— 
The military department designated as the Department of 
the Navy is redesignated as the Department of the Navy 
and Marine Corps.
412 
(b) REDESIGNATION
OF SECRETARY
AND OTHER 
STATUTORY OFFICES.— 
(1) SECRETARY.—The position of the Secretary 
of the Navy is redesignated as the Secretary of the 
Navy and Marine Corps. 
(2) OTHER
STATUTORY
OFFICES.—The posi-
tions of the Under Secretary of the Navy, the four 
Assistant Secretaries of the Navy, and the General 
Counsel of the Department of the Navy are redesig-
nated as the Under Secretary of the Navy and Ma-
rine Corps, the Assistant Secretaries of the Navy 
and Marine Corps, and the General Counsel of the 
Department of the Navy and Marine Corps, respec-
tively. 
SEC. 912. CONFORMING AMENDMENTS TO TITLE 10, UNITED 
STATES CODE. 
(a) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 
Paragraph (8) of section 101(a) of title 10, United States 
Code, is amended to read as follows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(b) ORGANIZATION OF DEPARTMENT.—The text of 
section 5011 of such title is amended to read as follows:
413 
‘‘The Department of the Navy and Marine Corps is sepa-
rately organized under the Secretary of the Navy and Ma-
rine Corps.’’. 
(c) POSITION OF SECRETARY.—Section 5013(a)(1) of 
such title is amended by striking ‘‘There is a Secretary 
of the Navy’’ and inserting ‘‘There is a Secretary of the 
Navy and Marine Corps’’. 
(d) CHAPTER HEADINGS.— 
(1) The heading of chapter 503 of such title is 
amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(2) The heading of chapter 507 of such title is 
amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(e) OTHER AMENDMENTS.— 
(1) Title 10, United States Code, is amended by 
striking ‘‘Department of the Navy’’ and ‘‘Secretary 
of the Navy’’ each place they appear other than as 
specified in subsections (a), (b), (c), and (d) (includ-
ing in section headings, subsection captions, tables 
of chapters, and tables of sections) and inserting 
‘‘Department of the Navy and Marine Corps’’ and
414 
‘‘Secretary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to be in 
the same typeface and typestyle as the matter strick-
en. 
(2)(A) Sections 5013(f), 5014(b)(2), 5016(a), 
5017(2), 5032(a), and 5042(a) of such title are 
amended by striking ‘‘Assistant Secretaries of the 
Navy’’ and inserting ‘‘Assistant Secretaries of the 
Navy and Marine Corps’’. 
(B) The heading of section 5016 of such title, 
and the item relating to such section in the table of 
sections at the beginning of chapter 503 of such 
title, are each amended by inserting ‘‘and Marine 
Corps’’ after ‘‘of the Navy’’, with the matter in-
serted in each case to be in the same typeface and 
typestyle as the matter amended. 
SEC. 913. OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES. 
(a) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘Department 
of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 
appear and inserting ‘‘Department of the Navy and Ma-
rine Corps’’ and ‘‘Secretary of the Navy and Marine 
Corps’’, respectively.
415 
(b) OTHER REFERENCES.—Any reference in any law 
other than in title 10 or title 37, United States Code, or 
in any regulation, document, record, or other paper of the 
United States, to the Department of the Navy shall be 
considered to be a reference to the Department of the 
Navy and Marine Corps. Any such reference to an office 
specified in section 911(b) shall be considered to be a ref-
erence to that office as redesignated by that section. 
SEC. 914. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title shall take effect on the first day of the first month 
beginning more than 60 days after the date of the enact-
ment of this Act. 
Subtitle C—Other Matters 
SEC. 921. TRANSITION OF THE OFFICE OF THE SECRETARY 
OF DEFENSE TO REFLECT ESTABLISHMENT 
OF POSITIONS OF UNDER SECRETARY OF DE-
FENSE FOR RESEARCH AND ENGINEERING, 
UNDER SECRETARY OF DEFENSE FOR ACQUI-
SITION AND SUSTAINMENT, AND CHIEF MAN-
AGEMENT OFFICER. 
(a) REFERENCES TO POSITIONS PENDING EXECU-
TION OF AMENDMENTS.—Until February 1, 2018, any 
reference in this Act, or an amendment made by this 
Act—
416 
(1) to the position of Under Secretary of De-
fense for Research and Engineering, to be estab-
lished by the amendment made by section 901(a) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 130 Stat. 2339), 
shall be deemed to be a reference to the Under Sec-
retary of Defense for Acquisition, Technology, and 
Logistics under section 133 of title 10, United 
States Code; 
(2) to the position of Under Secretary of De-
fense for Acquisition and Sustainment, to be estab-
lished by the amendment made by section 901(b) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 130 Stat. 2340), 
shall be deemed to be a reference to the Under Sec-
retary of Defense for Acquisition, Technology, and 
Logistics under section 133 of title 10, United 
States Code; and 
(3) to the position of Chief Management Officer 
of the Department of Defense, to be established by 
section 901(c) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2341; 10 U.S.C. 131 note), shall be deemed to 
be a reference to the Deputy Secretary of Defense 
under section 132 of title 10, United States Code.
417 
(b) SERVICE OF INCUMBENTS.— 
(1) PRINCIPAL DEPUTY UNDER SECRETARY OF 
DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LO-
GISTICS.—The individual serving as Principal Dep-
uty Under Secretary of Defense for Acquisition, 
Technology, and Logistics under section 137a(c)(1) 
of title 10, United States Code, as of February 1, 
2018, may continue to serve as Under Secretary of 
Defense for Acquisition and Sustainment com-
mencing as of that date, without further appoint-
ment under section 133b of such title, as added by 
section 901(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 
130 Stat. 2340). 
(2) DEPUTY CHIEF MANAGEMENT OFFICER.— 
The individual serving as Deputy Chief Management 
Officer of the Department of Defense under section 
132a of title 10, United States Code, as of February 
1, 2018, may continue to serve as Chief Manage-
ment Officer commencing as of that date, without 
further appointment under section 901(c) of the Na-
tional Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 2341; 10 
U.S.C. 131 note).
418 
SEC. 922. EXTENSION OF DEADLINES FOR REPORTING AND 
BRIEFING REQUIREMENTS FOR COMMISSION 
ON THE NATIONAL DEFENSE STRATEGY FOR 
THE UNITED STATES. 
Section 942(e) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2368) is amended— 
(1) in paragraph (1), by striking ‘‘December 1, 
2017’’ and inserting ‘‘January 31, 2018’’; and 
(2) in paragraph (2), by striking ‘‘June 1, 
2017’’ and inserting ‘‘September 1, 2017’’. 
SEC. 923. BRIEFING ON FORCE MANAGEMENT LEVEL POL-
ICY. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) The force management level policy that 
previously restricted the total number of mem-
bers of the Armed Forces of the United States 
deployed to Afghanistan increased the cost of 
operations in Afghanistan. 
(B) The restriction meant that the Depart-
ment of Defense had to substitute available 
military personnel for costlier contract support. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the Department of Defense should 
discourage the practice of substituting contractor
419 
personnel for available members of the Armed 
Forces when a unit deploys overseas and should re-
vise this practice as it pertains to unit deployment 
to Afghanistan. 
(b) BRIEFING.—Not later than March 31, 2018, the 
Secretary of Defense shall provide to the congressional de-
fense committees a briefing detailing— 
(1) the steps that the Secretary is taking to re-
vise deployment guidelines to ensure that readiness, 
unit cohesion, and maintenance are prioritized; and 
(2) the plan of the Secretary to establish a pol-
icy that will avoid to the extent practicable these 
costly practices in the future. 
SEC. 924. SENSE OF CONGRESS ON COOPERATIVE PRO-
GRAM FOR INFORMATION SECURITY EDU-
CATION. 
It is the sense of Congress that— 
(1) the Secretary of Defense should provide 
adequate resources to the Office of the Chief Infor-
mation Officer of the Department of Defense and 
the Defense Procurement Acquisition Policy to en-
able such entities to establish a cooperative program 
with the National Institute of Standards and Tech-
nology-Manufacturing Extension Partnership; and
420 
(2) the cooperative program described in para-
graph (1) should— 
(A) educate and assist small- and medium- 
sized manufacturing firms in the Department of 
Defense supply chain in achieving compliance 
with NIST Special Publication 800–171 titled 
‘‘Protecting Controlled Unclassified Information 
in Nonfederal Information Systems and Organi-
zations’’ as such publication is incorporated 
into the Defense Federal Acquisition Regulation 
Supplement; 
(B) highlight the resources available to 
businesses that have contracts with the Depart-
ment or that are applying for such contracts; 
and 
(C) educate such businesses on— 
(i) the System Security Plan of the 
National Institute of Standards and Tech-
nology; 
(ii) the procurement toolbox of the 
Defense Procurement Acquisition Policy; 
(iii) the Cyber Security Evaluation 
Tool of the Department of Homeland Se-
curity; and
421 
(iv) the risks of using third party 
companies in assessing compliance with 
NIST Special Publication 800–171. 
SEC. 925. COMPLETION OF DEPARTMENT OF DEFENSE DI-
RECTIVE 2310.07E REGARDING MISSING PER-
SONS. 
(a) IN GENERAL.—The Secretary of Defense shall 
make the completion of Department of Defense Directive 
2310.07E a top priority in order to improve the efficiency 
of locating missing persons. 
(b) DEFINITION.—In this section, the term ‘‘missing 
person’’ has the meaning given such term in section 1513 
of title 10, United States Code. 
SEC. 926. RESPONSIBILITY FOR DEVELOPMENTAL TEST 
AND EVALUATION WITHIN THE OFFICE OF 
THE SECRETARY OF DEFENSE. 
(a) BRIEFING ON PLANS TO ADDRESS DEVELOP-
MENTAL
TEST
AND
EVALUATION
RESPONSIBILITIES 
WITHIN
THE OFFICE
OF
THE SECRETARY
OF DE-
FENSE.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall provide a briefing to the Committee 
on Armed Services of the House of Representatives 
on a strategy to ensure that there is sufficient exper-
422 
tise, oversight, and policy direction on developmental 
test and evaluation within the Office of the Sec-
retary of Defense after the completion of the reorga-
nization of such Office required under section 901 of 
the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328; 130 Stat. 2339). 
(2) ELEMENTS.—The briefing required by 
paragraph (1) shall address the following: 
(A) The structure of the roles and respon-
sibilities of the senior Department of Defense 
official responsible for developmental test and 
evaluation. 
(B) The location of the senior Department 
of Defense official responsible for developmental 
test and evaluation within the organizational 
structure of the Office of the Secretary of De-
fense. 
(C) An estimate of personnel and other re-
sources that should be made available to the 
senior Department of Defense official respon-
sible for developmental test and evaluation to 
ensure that such official can provide inde-
pendent expertise, oversight, and policy direc-
tion and guidance Department of Defense-wide.
423 
(D) Methods to ensure that the senior De-
partment of Defense official responsible for de-
velopmental test and evaluation will be empow-
ered to facilitate Department of Defense-wide 
efficiencies by helping programs to optimize test 
designs. 
(E) Methods to ensure that an advocate 
for test and evaluation workforce will continue 
to exist within the acquisition workforce. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) developmental testing is critical to reducing 
acquisition program risk by providing valuable infor-
mation to support sound decision making; 
(2) major defense acquisition programs often do 
not conduct enough developmental testing, so too 
many problems are first identified during oper-
ational testing, when they are expensive and time- 
consuming to fix; and 
(3) in order to ensure that effective develop-
mental testing is conducted on major defense acqui-
sition programs, the Secretary should— 
(A) carefully consider where the senior De-
partment of Defense official responsible for de-
velopmental test and evaluation is located with-
424 
in the organizational structure of the Office of 
the Secretary of Defense; and 
(B) ensure that such official has sufficient 
authority and resources to provide oversight 
and policy direction on developmental test and 
evaluation Department of Defense-wide. 
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 
2018 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. 
(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 $5,000,000,000.
425 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions 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 Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a).
426 
SEC. 1002. PREPARATION OF CONSOLIDATED CORRECTIVE 
ACTION PLAN AND IMPLEMENTATION OF 
CENTRALIZED REPORTING SYSTEM. 
(a) ESTABLISHMENT.—In accordance with the rec-
ommendations included in the Government Accountability 
Office report numbered GAO-17-85 and entitled ‘‘DOD 
Financial Management: Significant Efforts Still Needed 
for Remediating Audit Readiness Deficiencies’’, the Under 
Secretary of Defense (Comptroller) of the Department of 
Defense shall— 
(1) on a bimonthly basis, prepare a consolidated 
corrective action plan management summary on the 
status of all corrective actions plans related to crit-
ical capabilities for the military services and for the 
service providers and other defense organizations; 
and 
(2) develop and implement a centralized moni-
toring and reporting process that captures and 
maintains up-to-date information, including the 
standard data elements recommended in the imple-
mentation guide for Office of Management and 
Budget Circular A-123, for all corrective action 
plans and findings and recommendations Depart-
ment-wide that pertain to critical capabilities. 
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect on October 1, 2017.
427 
SEC. 1003. ADDITIONAL REQUIREMENTS RELATING TO DE-
PARTMENT OF DEFENSE AUDITS. 
(a) FINANCIAL IMPROVEMENT AUDIT READINESS 
PLAN.—Section 1003(a)(2)(A)(ii) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 10 U.S.C. 2222 note) is amended by striking ‘‘are vali-
dated as ready for audit by not later than September 30, 
2017’’ and inserting ‘‘go under full financial statement 
audit beginning September 30, 2017, and that the depart-
ment leadership make every effort to reach an unmodified 
opinion as soon as possible’’. 
(b) AUDIT OF FISCAL YEAR 2018 FINANCIAL STATE-
MENTS.—Section 1003(a) of the National Defense Au-
thorization Act for Fiscal Year 2014 (Public Law 113– 
66; 10 U.S.C. 2222 note) is amended by striking ‘‘are vali-
dated as ready for audit by not later than’’ and inserting 
‘‘go under full financial statement audit beginning’’. 
SEC. 1004. AMENDMENTS TO DEPARTMENT OF DEFENSE FI-
NANCIAL AUDIT PLAN. 
(a) AMENDMENT TO NAME OF DEPARTMENT OF DE-
FENSE FINANCIAL AUDIT PLAN.— 
(1) IN
GENERAL.—Section 1003 of the Na-
tional Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 10 U.S.C. 2222 note) is 
amended by striking ‘‘Financial Improvement and 
Audit Readiness Plan’’ each place such term appears
428 
in heading and text and inserting ‘‘Financial Im-
provement and Audit Remediation Plan’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
1003(a) of the National Defense Authorization Act 
for Fiscal Year 2014 (Public Law 113–66; 10 
U.S.C. 2222 note) is amended by striking ‘‘Finan-
cial Improvement and Audit Readiness Plan’’ each 
place such term appears in heading and text and in-
serting ‘‘Financial Improvement and Audit Remedi-
ation Plan’’ 
(b) REPORT AND BRIEFING REQUIREMENTS.— 
(1) IN
GENERAL.—Subsection (b) of section 
1003 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 
2222 note) is amended to read as follows: 
‘‘(b) REPORT AND BRIEFING REQUIREMENTS.— 
‘‘(1) ANNUAL REPORT.— 
‘‘(A) IN GENERAL.—Not later than March 
31, 2019, and annually thereafter, the Under 
Secretary of Defense (Comptroller) shall submit 
to the congressional defense committees a re-
port on the status of the implementation by the 
Department of Defense of the Financial Im-
provement and Audit Remediation Plan re-
quired by subsection (a).
429 
‘‘(B) ELEMENTS.—Each report under sub-
paragraph (A) shall include, at a minimum— 
‘‘(i) an analysis of the consolidated 
corrective action plan management sum-
mary prepared pursuant to section 1002 of 
this Act; and 
‘‘(ii) current Department of Defense- 
wide information on the status of correc-
tive actions plans related to critical capa-
bilities and material weaknesses, including 
the standard data elements recommended 
in the implementation guide for Office of 
Management and Budget Circular A-123, 
for the armed forces, military departments, 
and Defense Agencies. 
‘‘(2) SEMIANNUAL BRIEFINGS.—Not later than 
March 31 and October 31 each year, the Under Sec-
retary of Defense (Comptroller) and the Comptrol-
lers of the military departments shall provide a 
briefing to the congressional defense committees on 
the status of the corrective action plan. 
‘‘(3) CRITICAL
CAPABILITIES
DEFINED.—In 
this subsection, the term ‘critical capabilities’ means 
the critical capabilities described in the Department 
of Defense report titled ‘Financial Improvement and
430 
Audit Readiness (FIAR) Plan Status Report’ and 
dated May 2016.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) The Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public 
Law 111–383; 10 U.S.C. 2222 note) is amend-
ed by striking section 881. 
(B) The National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 
10 U.S.C. 2222 note) is amended by striking 
section 1003. 
(C) Section 1005(b) of the National De-
fense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 10 U.S.C. 2222 note) is 
amended by striking paragraph (2). 
(c) EFFECTIVE DATE.—Subsection (b) shall take ef-
fect December 1, 2017. 
SEC. 1005. REPORT ON AUDITABLE FINANCIAL STATE-
MENTS. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report ranking 
all military departments and Defense Agencies in order 
of how advanced they are in achieving auditable financial 
statements as required by law. The report should not in-
431 
clude information otherwise available in other reports to 
Congress. 
Subtitle B—Naval Vessels and 
Shipyards 
SEC. 1011. NATIONAL DEFENSE SEALIFT FUND. 
(a) FUND PURPOSES; DEPOSITS.—Section 2218 of 
title 10, United States Code, is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking subparagraph (D); and 
(ii) by redesignating subparagraph 
(E) as subparagraph (D); 
(B) in paragraph (3), by striking ‘‘or (D)’’; 
and 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by inserting 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (C), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (D); 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (2); and
432 
(D) by adding at the end the following new 
paragraph (3): 
‘‘(3) Any other funds made available to the De-
partment of Defense to carry out any of the pur-
poses described in subsection (c).’’. 
(b) AUTHORITY TO PURCHASE USED VESSELS.— 
Subsection (f) of such section is amended by adding at 
the end the following new paragraph: 
‘‘(3)(A) Notwithstanding the limitations under sub-
section (c)(1)(E) and paragraph (1), the Secretary of De-
fense may, as part of a program to recapitalize the Ready 
Reserve Force component of the national defense reserve 
fleet and the Military Sealift Command surge fleet, pur-
chase any used vessel, regardless of where such vessel was 
constructed if such vessel— 
‘‘(i) participated in the Maritime Security Fleet; 
and 
‘‘(ii) is available for purchase at a reasonable 
cost, as determined by the Secretary. 
‘‘(B) If the Secretary determines that no used vessel 
meeting the requirements under clauses (i) and (ii) of sub-
paragraph (A) is available, the Secretary may purchase 
a used vessel comparable to a vessel described in clause 
(i) of subparagraph (A), regardless of the source of the 
vessel or where the vessel was constructed, if such vessel
433 
is available for purchase at a reasonable cost, as deter-
mined by the Secretary. 
‘‘(C) The Secretary may not use the authority under 
this paragraph to purchase more than five additional for-
eign constructed ships. Any such ships may not be pur-
chased at a rate that exceeds one vessel constructed out-
side the United States for every new Department of De-
fense sealift vessel authorized by law to be constructed. 
‘‘(D) Prior to the purchase of any vessel that was 
not constructed in the United States, the Secretary, in 
consultation with the Maritime Administrator, shall certify 
that there is no vessel available for purchase at a reason-
able price that— 
‘‘(i) was constructed in the United States; and 
‘‘(ii) is suitable for use by the United States for 
national defense or military purposes in a time of 
war or national emergency.’’. 
(c) DEFINITION OF MARITIME SECURITY FLEET.— 
Subsection (k) of such section is amended by adding at 
the end the following new paragraph: 
‘‘(5) The term ‘Maritime Security Fleet’ means 
the fleet established under section 53102(a) of title 
46.’’.
434 
SEC. 1012. NATIONAL DEFENSE SEALIFT FUND: CONSTRUC-
TION OF NATIONAL ICEBREAKER VESSELS. 
Section 2218 of title 10, United States Code, as 
amended by section 2211, is further amended— 
(1) in subsection (c)(1), by adding at the end 
the following new subparagraph: 
‘‘(E) Construction (including design of vessels), 
purchase, alteration, and conversion of national ice-
breaker vessels.’’; and 
(2) in subsection (d)(1), 
(A) in subparagraph (B), by striking 
‘‘and’’ and the end; 
(B) in subparagraph (C), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) construction (including design of vessels), 
purchase, alteration, and conversion of national ice-
breaker vessels.’’. 
SEC. 1013. USE OF NATIONAL SEA-BASED DETERRENCE 
FUND FOR MULTIYEAR PROCUREMENT OF 
CERTAIN CRITICAL COMPONENTS. 
(a) IN GENERAL.—Subsection (i) of section 2218a of 
title 10, United States Code, is amended—
435 
(1) by striking ‘‘the common missile compart-
ment’’ each place it appears and inserting ‘‘critical 
components’’; and 
(2) in paragraph (1), by striking ‘‘critical parts, 
components, systems, and subsystems’’ and inserting 
‘‘critical components’’. 
(b) DEFINITION OF CRITICAL COMPONENT.—Sub-
section (k) of such section is amended by adding at the 
end the following new paragraph: 
‘‘(3) The term ‘critical component’ means 
any— 
‘‘(A) any item that is high volume or high 
value; or 
‘‘(B) any common missile compartment 
component, shipyard manufactured component, 
valve, torpedo tube, or Government furnished 
equipment, including propulsors and strategic 
weapons system launchers.’’. 
(c) CLERICAL AMENDMENT.—The subsection head-
ing for subsection (i) of such section is amended by strik-
ing ‘‘OF THE COMMON MISSILE COMPARTMENT’’. 
SEC. 1014. RESTRICTIONS ON THE OVERHAUL AND REPAIR 
OF VESSELS IN FOREIGN SHIPYARDS. 
(a) IN GENERAL.—Section 7310(b)(1) of title 10, 
United States Code, is amended—
436 
(1) by striking ‘‘In the case’’ and inserting ‘‘(A) 
Except as provided in subparagraph (B), in the 
case’’; 
(2) by striking ‘‘during the 15-month’’ and all 
that follows through ‘‘United States)’’; 
(3) by inserting before the period at the end the 
following: ‘‘, other than in the case of voyage re-
pairs’’; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(B) The Secretary of the Navy may waive the appli-
cation of subparagraph (A) to a contract award if the Sec-
retary determines that the waiver is essential to the na-
tional security interests of the United States.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the later of the following 
dates: 
(1) The date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2019. 
(2) October 1, 2018. 
SEC. 1015. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION 
OF 
TICONDEROGA-CLASS 
CRUISERS OR DOCK LANDING SHIPS. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for the Department
437 
of Defense for fiscal year 2018 may be obligated or ex-
pended— 
(1) to retire, prepare to retire, or inactivate a 
cruiser or dock landing ship; or 
(2) to place more than six cruisers and one 
dock landing ship in the modernization program 
under section 1026(a)(2) of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Au-
thorization Act for Fiscal Year 2015 (Public Law 
113–291; 128 Stat. 3490). 
SEC. 1016. POLICY OF THE UNITED STATES ON MINIMUM 
NUMBER OF BATTLE FORCE SHIPS. 
It shall be the policy of the United States to have 
available, as soon as practicable, not fewer than 355 battle 
force ships, with funding subject to the annual authoriza-
tion of appropriation and the annual appropriation of 
funds. 
Subtitle C—Counterterrorism 
SEC. 1021. TERMINATION OF REQUIREMENT TO SUBMIT AN-
NUAL BUDGET JUSTIFICATION DISPLAY FOR 
DEPARTMENT OF DEFENSE COMBATING TER-
RORISM PROGRAM. 
Section 229 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section:
438 
‘‘(e) TERMINATION.—The requirement to submit a 
budget justification display under this section shall termi-
nate on December 31, 2020.’’. 
SEC. 1022. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA TO THE UNITED STATES. 
No amounts authorized to be appropriated or other-
wise made available for the Department of Defense may 
be used during the period beginning on the date of the 
enactment of this Act and ending on December 31, 2018, 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
of Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after January 20, 
2009, at United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense.
439 
SEC. 1023. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR MODIFY FACILITIES IN THE UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available for the Depart-
ment of Defense may be used during the period beginning 
on the date of the enactment of this Act and ending on 
December 31, 2018, to construct or modify any facility 
in the United States, its territories, or possessions to 
house any individual detained at Guantanamo for the pur-
poses of detention or imprisonment in the custody or 
under the control of the Department of Defense. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ has the meaning given that term in section 
1034(f)(2) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 
U.S.C. 801 note).
440 
SEC. 1024. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO CERTAIN COUNTRIES. 
No amounts authorized to be appropriated or other-
wise made available for the Department of Defense may 
be used during the period beginning on the date of the 
enactment of this Act and ending on December 31, 2018, 
to transfer, release, or assist in the transfer or release of 
any individual detained in the custody or under the control 
of the Department of Defense at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to the custody or control 
of any country, or any entity within such country, as fol-
lows: 
(1) Libya. 
(2) Somalia. 
(3) Syria. 
(4) Yemen. 
SEC. 1025. BIANNUAL REPORT ON SUPPORT OF SPECIAL 
OPERATIONS TO COMBAT TERRORISM. 
Section 127e(g) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘March 1’’ 
and inserting ‘‘120 days after the last day of a fiscal 
year’’; and
441 
(2) in paragraph (2) by striking ‘‘September 1’’ 
and inserting ‘‘six months after the date of the sub-
mittal of the report most recently submitted under 
paragraph (1)’’. 
SEC. 1026. PROHIBITION ON USE OF FUNDS TO CLOSE OR 
RELINQUISH CONTROL OF UNITED STATES 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated or 
otherwise made available for the Department of Defense 
for fiscal year 2018 may be used— 
(1) to close or abandon United States Naval 
Station, Guantanamo Bay, Cuba; 
(2) to relinquish control of Guantanamo Bay to 
the Republic of Cuba; or 
(3) to implement a material modification to the 
Treaty Between the United States of America and 
Cuba signed at Washington, D.C. on May 29, 1934, 
that constructively closes United States Naval Sta-
tion, Guantanamo Bay. 
SEC. 1027. SENSE OF CONGRESS REGARDING PROVIDING 
FOR TIMELY VICTIM AND FAMILY TESTIMONY 
IN MILITARY COMMISSION TRIALS. 
It is the sense of Congress that in the interests of 
justice, efficiency, and providing closure to victims of ter-
rorism and their families, military judges overseeing mili-
442 
tary commissions in United States Naval Station, Guanta-
namo Bay, Cuba, should consider making arrangements 
to take recorded testimony from victims and their families 
should they wish to provide testimony before such a com-
mission. 
SEC. 1028. AUTHORITY TO USE VIDEO TELECONFERENCING 
TECHNOLOGY 
IN 
MILITARY 
COMMISSION 
PROCEDURES. 
Section 949d of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(e) USE
OF
VIDEO
TELECONFERENCING.—The 
military judge may provide for the participation of the ac-
cused, defense counsel, trial counsel, and any other par-
ticipants by video teleconferencing for any matter for 
which the military judge may call the military commission 
into session. Any party who participates through the use 
of video teleconferencing shall be considered as present for 
purposes of subsection (a)(2).’’. 
SEC. 1029. PUBLIC AVAILABILITY OF MILITARY COMMIS-
SION PROCEEDINGS. 
Section 949d(c) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph:
443 
‘‘(4) In the case of any proceeding of a military com-
mission under this chapter that is made open to the public, 
the military judge may order arrangements for the avail-
ability of the proceeding to be watched remotely by the 
public through the internet.’’. 
Subtitle D—Miscellaneous 
Authorities and Limitations 
SEC. 1031. LIMITATION ON EXPENDITURE OF FUNDS FOR 
EMERGENCY 
AND 
EXTRAORDINARY 
EX-
PENSES FOR INTELLIGENCE AND COUNTER- 
INTELLIGENCE ACTIVITIES AND REPRESEN-
TATION ALLOWANCES. 
(a) RECURRING EXPENSES.—The first sentence of 
subsection (a) of section 127 of title 10, United States 
Code, is amended by inserting before the period at the 
end the following: ‘‘, and is not a recurring expense’’. 
(b) LIMITATION.—Subsection (c) of such section is 
amended by adding at the end the following new para-
graph: 
‘‘(4) Funds may not be obligated or expended in an 
amount in excess of $25,000 under the authority of sub-
section (a) or (b) for intelligence or counter-intelligence 
activities or representation allowances until the Secretary 
of Defense has notified the congressional defense commit-
444 
tees and the congressional intelligence committees of the 
intent to obligate or expend the funds, and— 
‘‘(A) in the case of an obligation or expenditure 
in excess of $100,000, 15 days have elapsed since 
the date of the notification; or 
‘‘(B) in the case of an obligation or expenditure 
in excess of $25,000, but not in excess of $100,000, 
five days have elapsed since the date of the notifica-
tion.’’. 
(c) ANNUAL REPORT.—Subsection (d) of such sec-
tion is amended— 
(1) by striking ‘‘to the congressional defense 
committees’’ and all that follows through the period 
at the end and inserting an em dash; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(1) to the congressional defense committees a 
report on all expenditures during the preceding fiscal 
year under subsections (a) and (b); and 
‘‘(2) to the congressional intelligence commit-
tees a report on expenditures relating to intelligence 
and counter-intelligence during the preceding fiscal 
year under subsections (a) and (b).’’. 
(d) DEFINITION.—Such section is further amended 
by adding at the end the following new subsection:
445 
‘‘(e) 
DEFINITION
OF
CONGRESSIONAL
INTEL-
LIGENCE COMMITTEES.—In this section, the term ‘con-
gressional intelligence committees’ means the Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of 
the Senate.’’. 
SEC. 1032. MODIFICATIONS TO HUMANITARIAN DEMINING 
ASSISTANCE AUTHORITIES. 
(a) MODIFICATION TO THE ROLE OF ARMED FORCES 
IN PROVIDING HUMANITARIAN DEMINING ASSISTANCE.— 
Subsection (a)(3) of section 407 of title 10, United States 
Code, is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘or stockpiled conventional munitions as-
sistance’’; and 
(2) in subparagraph (A)— 
(A) by inserting ‘‘, unexploded explosive 
ordnance,’’ after ‘‘landmines’’; and 
(B) by striking ‘‘, or stockpiled conven-
tional munitions, as applicable’’. 
(b) MODIFICATION
TO DEFINITION
OF HUMANI-
TARIAN DEMINING ASSISTANCE.—Subsection (e)(1) of 
such section is amended—
446 
(1) by inserting ‘‘, unexploded explosive ord-
nance,’’ after ‘‘landmines’’ in each place it appears; 
and 
(2) by striking ‘‘, and the disposal’’ and all that 
follows and inserting a period. 
(c) MODIFICATION TO DEFINITION OF STOCKPILED 
CONVENTIONAL
MUNITIONS
ASSISTANCE.—Subsection 
(e)(2) of such section is amended, in the second sentence, 
by striking ‘‘, the detection and clearance of landmines 
and other explosive remnants of war,’’. 
SEC. 1033. PROHIBITION ON CHARGE OF CERTAIN TARIFFS 
ON AIRCRAFT TRAVELING THROUGH CHAN-
NEL ROUTES. 
(a) IN GENERAL.—Chapter 157 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2652. Prohibition on charge of certain tariffs on 
aircraft traveling through channel routes 
‘‘The United States Transportation Command may 
not charge a tariff by reason of the use by a military serv-
ice of an aircraft of that military service on a route des-
ignated by the United States Transportation Command as 
a channel route.’’.
447 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2652. Prohibition on charge of certain tariffs on aircraft traveling through 
channel routes’’. 
SEC. 1034. LIMITATION ON DIVESTMENT OF U-2 OR RQ-4 
AIRCRAFT. 
(a) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds authorized to be appro-
priated by this Act or otherwise made available for 
the Department of Defense for any fiscal year before 
fiscal year 2024 may be obligated or expended to 
prepare to divest, divest, place in storage, or place 
in a status awaiting further disposition of the pos-
sessing commander any U-2 or RQ-4 aircraft of the 
Department of Defense. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to an individual U-2 or RQ-4 aircraft that the 
Secretary of the Air Force determines, on a case-by- 
case basis, to be non-returnable to flying service due 
to any mishap, other damage, or being uneconomical 
to repair. 
(b) CONFORMING REPEAL.—Section 133 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81) is hereby repealed.
448 
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR RETIRE-
MENT OF LEGACY MARITIME MINE COUNTER-
MEASURES PLATFORMS. 
(a) PROHIBITION.—Except as provided in subsection 
(b), the Secretary of the Navy may not obligate or expend 
funds to— 
(1) ) retire, prepare to retire, transfer, or place 
in storage any AVENGER-class mine counter-
measures ship or associated equipment; 
(2) retire, prepare to retire, transfer, or place 
in storage any SEA DRAGON (MH–53) helicopter 
or associated equipment; 
(3) make any reductions to manning levels with 
respect to any AVENGER-class mine counter-
measures ship; or 
(4) make any reductions to manning levels with 
respect to any SEA DRAGON (MH–53) helicopter 
squadron or detachment. 
(b) WAIVER.—The Secretary of the Navy may waive 
the prohibition under subsection (a) if the Secretary cer-
tifies to the congressional defense committees that the 
Secretary has— 
(1) identified a replacement capability and the 
necessary quantity of such systems to meet all com-
batant commander mine countermeasures oper-
ational requirements that are currently being met by
449 
any AVENGER-class ship or SEA DRAGON heli-
copter to be retired, transferred, or placed in stor-
age; 
(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 to continue to meet or exceed 
all combatant commander mine countermeasures 
operational requirements currently being met by the 
AVENGER-class ships and SEA DRAGON heli-
copters to be retired, transferred, or placed in stor-
age. 
SEC. 1036. RESTRICTION ON USE OF CERTAIN FUNDS PEND-
ING SOLICITATION OF BIDS FOR WESTERN 
PACIFIC DRY DOCK. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Following closure of the Department of the 
Navy ship repair facility in Guam in 1997 following 
the Base Realignment and Closure round of 1995, 
operation of the facility was turned over to a private 
company. 
(2) While streamlining operations, resulting in 
savings to the Navy of approximately $38,000,000
450 
each year, the company was able to maintain the 
depot-level capabilities of the facility with dry-dock-
ing capability that had existed in Apra Harbor since 
World War II. 
(3) From 1997 to 2012, the private operator 
successfully performed 28 major overhauls with dry- 
dockings of Navy, Military Sealift Command, and 
Coast Guard vessels, 27 mid-term availabilities, as 
well as the emergency dry-docking of USS San 
Francisco (SSN-711) after the nuclear powered sub-
marine collided with a seamount off the coast of 
Guam in 2005. 
(4) While the privately owned dry-dock, Ma-
chinist, was undergoing upgrades and refurbishment 
in 2013, the Navy announced that it would split the 
long-standing depot-level capability in Guam into 
two pieces, awarding an initial contract for pier-side 
ship repair, to be followed by a contract for dry-dock 
ship repair. 
(5) At this time, the Committee on Armed 
Services of the House of Representatives, including 
the Delegate from Guam, as well as the Governor of 
Guam, objected to this plan, and a conditional 
agreement was made wherein the Navy committed to
451 
restoring dry-docking capabilities expeditiously fol-
lowing issuance of the pier-side contract. 
(6) Despite repeated requests from the Com-
mittee on Armed Services of the House of Rep-
resentatives, the Delegate from Guam, and the Gov-
ernor of Guam over the past four years, the Sec-
retary of the Navy has failed to issue the dry-dock 
contract. 
(7) The Navy conducted a business case anal-
ysis to assess options for a dry-docking capability in 
Guam in 2014 and agreed to provide a copy of the 
report to Congress upon completion. The draft busi-
ness case analysis was provided to the Committee on 
Armed Services of the House of Representatives on 
March 3, 2016, but a final document was not pro-
duced. 
(8) The draft business case analysis evaluated 
200 potential options for restoring a dry-docking ca-
pability in Guam, recommending seven potential 
courses of action, with estimated costs ranging from 
$324,000,000 to $398,000,000 over a 50-year life 
cycle. The business case analysis concluded that any 
of these options are significant savings when com-
pared with the cost of not having a dry-docking ca-
452 
pability in Guam, which exceeds $700,000,000 over 
a 50-year period. 
(9) The Navy has removed machinery and 
equipment needed to perform major overhauls from 
the former ship repair facility, and shifted ship re-
pair work previously performed in Guam to various 
foreign locations in the Western Pacific. The total 
cost of Navy ship repair contracts in Guam have 
gone from $45,00,000 in 2010 to $16,000,000 in 
2016. 
(10) As a result of Navy actions over the past 
five years, the number of skilled workers engaged in 
ship repair in Guam has been reduced from a com-
bined total of approximately 550 at three ship-repair 
companies in Guam to the current level of 150. Due 
to this degraded workforce and equipment capabili-
ties, the Navy is now forced to rely almost exclu-
sively on foreign ship repair instead at a time when 
the Committee believes tensions and threats of crisis 
in the Western Pacific can put access to foreign 
shipyards at risk. 
(11) Navy leadership has long acknowledged 
the importance of a depot-level, dry-docking capa-
bility in Guam, as evidenced by the following:
453 
(A) ‘‘Robust depot-level ship repair capa-
bility in Guam is a matter of strategic impor-
tance and remains an operational necessity be-
cause ships of the 7th Fleet have high oper-
ational tempo and experience vast distances be-
tween repair facilities.’’ (Letter from the Com-
mander of the Pacific Fleet to the Governor of 
Guam, dated February 15, 2013). 
(B) ‘‘We must maintain a viable ship 
maintenance capability in Guam to include dry- 
docking in support of operations and contin-
gency plans (OPLANs and CONPLANs) and 
the U.S. Navy rebalance to the Pacific. Guam 
is a strategic in-theater location for depot-level 
ship maintenance on sovereign U.S. territory. 
This is a significant factor given that commer-
cial dry docks available in foreign countries con-
sidered friendly to the United States may be-
come unavailable to SEVENTH Fleet ships in 
time of crisis or war. Availability of CPF ships 
would be stressed if assets are required to dry 
dock in CONUS due to the non-availability of 
a secure dry docking capability in the Western 
Pacific. Dry-docking in Guam is a critical com-
ponent of depot-level ship repair. The capability
454 
must be maintained and regularly exercised so 
that a capability and expertise are available to 
support ships of the SEVENTH Fleet in peace 
and war.’’ (Letter from the Commander of the 
Pacific Fleet to the Chief of Naval Operations, 
dated February 7, 2014). 
(C) On February 24, 2016, in testimony 
before the Committee on Armed Services of the 
House of Representatives, Admiral Harry Har-
ris, Commander of the United States Pacific 
Command, affirmed that he continues to view 
robust ship repair capabilities as a matter of 
strategic importance and an operational priority 
for United States Pacific Fleet. 
(12) The Navy currently has four fast-attack 
nuclear submarines homeported in Guam. 
(13) The Navy homeports submarine squadrons 
at seven locations in the United States, each of 
which has a dry-docking capability, with the excep-
tion of Guam. 
(14) The Committee on Armed Services of the 
House of Representatives believes that dry-docking 
capability in Guam is a strategic requirement and a 
cost-effective means of ensuring the Forward De-
455 
ployed Fleet has depot-level repair capabilities at a 
United States port in the Western Pacific. 
(15) Amounts were authorized to be appro-
priated in the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328) and ap-
propriated in the Consolidated Appropriations Act, 
2017 (Public Law 115–31) for funds be applied to 
chartering a dry dock to meet fleet maintenance re-
quirements in the Western Pacific. 
(b) LIMITATION ON USE OF FUNDS.—Not more than 
75 percent of the funds authorized to be appropriated or 
otherwise made available for the Office of the Secretary 
of the Navy may be obligated or expended until the Sec-
retary submits to Congress notice that a request for pro-
posals has been issued to solicit bids for the chartering 
of a dry dock in the Western Pacific that satisfies the min-
imum requirements for heavy ship depot-level repair. 
SEC. 
1037. 
NATIONAL 
GUARD 
FLYOVERS 
OF 
PUBLIC 
EVENTS. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the Department of Defense that flyovers of public 
events in support of community relations activities may 
only be flown as part of an approved training mission at 
no additional expense to the Federal Government.
456 
(b) NATIONAL GUARD FLYOVER APPROVAL PROC-
ESS.—The Adjutant General of a State or territory in 
which an Army National Guard or Air National Guard 
unit is based will be the approval authority for all Air Na-
tional Guard and Army National Guard flyovers in that 
State or territory, including any request for a flyover in 
any civilian domain at a nonaviation related event. 
(c) FLYOVER RECORD MAINTENANCE; REPORT.— 
(1) RECORD MAINTENANCE.—The Secretary of 
Defense shall keep and maintain records of flyover 
requests, approvals, and the total costs of all flyover 
missions, including the costs of fuel, maintenance, 
and manpower, in a publicly accessible database that 
is updated annually. 
(2) GAO REPORT.—Not later than one year 
after the date of the enactment of this Act, the 
Comptroller General of the United States shall sub-
mit to the Committee on Armed Services of the 
House of Representatives and the Committee on 
Armed Services of the Senate a report on flyovers 
and the process whereby flyover requests are made 
and evaluated, including— 
(A) whether there is any cost to taxpayers 
associated with flyovers;
457 
(B) whether there is any appreciable public 
relations or recruitment value that comes from 
flyovers; and 
(C) the impact flyovers have to aviator 
training and readiness. 
(d) FLYOVER DEFINED.—In this section, the term 
‘‘flyover’’ means aviation support— 
(1) in which a straight and level flight limited 
to one pass by a single military aircraft, or by a sin-
gle formation of four or fewer military aircraft of 
the same type, from the same military department 
over a predetermined point on the ground at a spe-
cific time; 
(2) that does not involve aerobatics or dem-
onstrations; and 
(3) uses bank angles of up to 90 degrees if re-
quired to improve the spectator visibility of the air-
craft. 
SEC. 1038. TRANSFER OF FUNDS TO WORLD WAR I CENTEN-
NIAL COMMISSION. 
(a) AUTHORITY TO TRANSFER FUNDS.—The Sec-
retary of Defense may transfer to the World War I Cen-
tennial Commission, from amounts described in subsection 
(b), such amount as the Secretary and the Chair of the 
World War I Centennial Commission consider appropriate
458 
to assist the Commission in carrying out activities under 
paragraphs (2) through (5) of section 5(a) of the World 
War I Centennial Commission Act (Public Law 112–272; 
36 U.S.C. prec. 101 note) after fiscal year 2017. 
(b) DESIGNATED ACCOUNT.—Funds transferred pur-
suant to subsection (a) shall be maintained in a specially 
designated account and may not be obligated or expended 
for the designation, establishment, or enhancement of a 
memorial or commemorative work by the World War I 
Centennial Commission. 
(c) COVERED FUNDS.—The funds transferrable by 
the Secretary pursuant to subsection (a) shall be derived 
from amounts authorized to be appropriated for fiscal year 
2018 for Civil Military Programs as provided in section 
4301 of this Act. 
(d) TREATMENT AS GIFT.—Any amounts transferred 
to the World War I Centennial Commission pursuant to 
subsection (a) shall be treated as a gift to the Commission 
for purposes of sections 6(g) and 7(f) of the World War 
I Centennial Commission Act. 
(e) LIMITATION.—The total amount provided by the 
Secretary pursuant to subsection (a) shall not exceed 
$5,000,000. 
(f) WORLD WAR I CENTENNIAL COMMISSION DE-
FINED.—In this section, the term ‘‘World War I Centen-
459 
nial Commission’’ means the Commission established by 
section 4 of the World War I Centennial Commission Act. 
SEC. 1039. LIMITATION ON USE OF FUNDS FOR PROVISION 
OF MAN-PORTABLE AIR DEFENSE SYSTEMS 
TO THE VETTED SYRIAN OPPOSITION. 
(a) LIMITATION.—If a determination is made during 
fiscal year 2018 to use funds available to the Department 
of Defense for that fiscal year to provide man-portable air 
defense systems (MANPADs) to the vetted Syrian opposi-
tion pursuant to the authority in section 1209 of the Carl 
Levin and Howard P. ‘‘Buck’’ McKeon National Defense 
Authorization Act for Fiscal Year 2015 (Public Law 113– 
291; 128 Stat. 3541), such funds may not be used for 
that purpose until— 
(1) the Secretary of Defense and the Secretary 
of State jointly submit to the appropriate congres-
sional committees a report on the determination; 
and 
(2) 30 days elapses after the date of the sub-
mittal of such report to the appropriate congres-
sional committees. 
(b) REPORT REQUIREMENTS.—The report under 
subsection (a) shall set forth the following: — 
(1) A description of each element of the vetted 
Syrian opposition that will provided man-portable air
460 
defense systems as described in subsection (a), in-
cluding— 
(A) the geographic location of such ele-
ment; 
(B) a detailed intelligence assessment of 
such element; 
(C) a description of the alignment of such 
element within the broader conflict in Syria; 
and 
(D) a description and assessment of the 
assurance, if any, received by the commander of 
such element in connection with the provision of 
man-portable air defense systems. 
(2) The number and type of man-portable air 
defense systems to be so provided. 
(3) The logistics plan for providing and resup-
plying each element to be so provided man-portable 
air defense systems with additional man-portable air 
defense systems. 
(4) The duration of support to be provided in 
connection with the provision of man-portable air de-
fense systems. 
(5) The justification for the provision of man- 
portable air defense systems to each element of the 
vetted Syrian opposition, including an explanation of
461 
the purpose and expected employment of such sys-
tems. 
(6) Any other matters that the Secretary of De-
fense and the Secretary of State jointly consider ap-
propriate. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ has the meaning given that term in 
section 1209(e)(2) of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541). 
(d) PROHIBITION ON USE OF CERTAIN FUNDS.— 
None of the funds authorized to be appropriated or other-
wise made available by this Act for fiscal year 2018 for 
‘‘Counter-ISIS Train and Equip Fund’’ Counter may be 
used to procure or transfer man-portable air defense sys-
tems (MANPADS). 
SEC. 1040. DETERMINATION REGARDING TRANSFER OF DE-
FENSE ARTICLES TO UNITS COMMITTING 
GROSS VIOLATIONS OF HUMAN RIGHTS. 
(a) DETERMINATION REQUIRED.—In carrying out 
the Golden Sentry program to monitor end-use compliance 
of the government of a foreign state to which defense arti-
cles and services have been provided, the Director of the 
Defense Security Cooperation Agency, in consultation with
462 
the appropriate United States embassy personnel in the 
foreign state, shall determine whether the government of 
the foreign state has transferred any defense article to a 
unit that is prohibited from receiving assistance from the 
United States by reason of a determination by the Sec-
retary of State that there is credible evidence that such 
unit has committed a gross violation of human rights. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate and the 
Committee on Armed Services and the Committee on For-
eign Affairs of the House of Representatives a report on 
the implementation of subsection (a). 
SEC. 1041. PROHIBITION ON USE OF FUNDS TO DESIGNATE 
OR EXPAND FEDERAL NATIONAL HERITAGE 
AREAS. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2018 
for the Department of Defense may be obligated or ex-
pended to designate or expand any Federal National Her-
itage Area in any of Baca, Bent, Crowley Huerfano, 
Kiowa, Las Animas, Otero, Prowers, or Pueblo counties, 
Colorado.
463 
SEC. 1042. REQUIREMENT RELATING TO TRANSFER OF EX-
CESS DEPARTMENT OF DEFENSE EQUIPMENT 
TO FEDERAL AND STATE AGENCIES. 
Section 2576a of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) PREFERENCE
FOR BORDER SECURITY PUR-
POSES.—(1) In transferring the items of personal property 
described in paragraph (2) under this section, the Sec-
retary of Defense may give first preference to the Depart-
ment of Homeland Security and then to Federal and State 
agencies that agree to use the property primarily for the 
purpose of strengthening border security along the south-
ern border of the United States. 
‘‘(2) The items of personal property described in this 
paragraph are— 
‘‘(A) unmanned aerial vehicles; 
‘‘(B) the Aerostat radar system; 
‘‘(C) night-vision goggles; and 
‘‘(D) high mobility multi-purpose wheel vehicles 
(commonly known as ‘humvees’).’’. 
SEC. 1043. LIMITATION ON USE OF FUNDS TO CLOSE BIO-
SAFETY LEVEL 4 LABORATORIES. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated in this Act may be used to support the 
closure or transfer of a biosafety level 4 laboratory until
464 
the heads of the Federal agencies that use the laboratory 
jointly certify to the covered congressional committees that 
the closure or transfer of the lab would not have a negative 
effect on biological defense capabilities and would not re-
sult in a lapse of biological defense capabilities. 
(b) COVERED CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘covered congressional committees’’ 
means— 
(1) the Committees on Armed Services of the 
Senate and House of Representatives; 
(2) the Committees on the Judiciary of the Sen-
ate and House of Representatives; 
(3) the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
(4) the Select Committee on Intelligence of the 
Senate; 
(5) the Committee on Homeland Security of the 
House of Representatives; 
(6) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(7) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; and 
(8) the Committees on Appropriations of the 
Senate and House of Representatives.
465 
Subtitle E—Studies and Reports 
SEC. 1051. ELIMINATION OF REPORTING REQUIREMENTS 
TERMINATED AFTER NOVEMBER 25, 2017, 
PURSUANT TO SECTION 1080 OF THE NA-
TIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2016. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) SECTION 113 REPORTS.— 
(A) RESERVE FORCES POLICY BOARD RE-
PORT.—Section 113(c) is amended— 
(i) by striking paragraph (2); 
(ii) by striking ‘‘(1)’’ after ‘‘(c)’’; and 
(iii) by redesignating subparagraphs 
(A), (B), and (C) as paragraphs (1), (2), 
and (3), respectively. 
(B) TOTAL
FORCE
MANAGEMENT
RE-
PORT.—Section 113 is amended by striking 
subsection (l). 
(2) 
DEFENSE
INDUSTRIAL
SECURITY
RE-
PORT.—Section 428 is amended by striking sub-
section (f). 
(3) MILITARY MUSICAL UNITS GIFT REPORT.— 
Section 974(d) is amended by striking paragraph 
(3).
466 
(4) HEALTH PROTECTION QUALITY REPORT.— 
Section 1073b is amended— 
(A) by striking subsection (a); and 
(B) by redesignating subsections (b) and 
(c) as subsections (a) and (b), respectively. 
(5) MASTER PLANS FOR REDUCTIONS IN CIVIL-
IAN POSITIONS.— 
(A) IN GENERAL.—Section 1597 is amend-
ed— 
(i) by striking subsection (c); 
(ii) by striking subsections (d), (e), 
and (f) as subsections (c), (d), and (e), re-
spectively; and 
(iii) in subsection (c), as redesignated, 
by striking ‘‘or a master plan prepared 
under subsection (c)’’. 
(B) CONFORMING AMENDMENTS.—Section 
129a(d) is amended— 
(i) by striking paragraphs (1) and (2); 
and 
(ii) by redesignating paragraphs (3) 
and (4) as paragraphs (1) and (2), respec-
tively. 
(6) ACQUISITION
WORKFORCE
DEVELOPMENT 
FUND REPORT.—Section 1705 is amended—
467 
(A) in subsection (e)(1), by striking ‘‘sub-
section 
(h)(2)’’ 
and 
inserting 
‘‘subsection 
(g)(2)’’; 
(B) by striking subsection (f); and 
(C) by redesignating subsections (g) and 
(h) as subsections (f) and (g), respectively. 
(7) 
ACQUISITION
CORPS
REPORT.—Section 
1722b is amended by striking subsection (c). 
(8) MILITARY FAMILY READINESS REPORT.— 
Section 1781b is amended by striking subsection (d). 
(9) PROFESSIONAL MILITARY EDUCATION RE-
PORT.— 
(A) ELIMINATION.—Section 2157 is re-
pealed. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of chapter 107 is 
amended by striking the item relating to section 
2157. 
(10) DEPARTMENT OF DEFENSE CONFERENCES 
FEE-COLLECTION REPORT.—Section 2262 is amend-
ed by striking subsection (d). 
(11) UNITED STATES CONTRIBUTIONS TO NATO 
COMMON-FUNDED BUDGETS REPORT.—Section 2263 
is amended— 
(A) by striking subsection (b); and
468 
(B) by redesignating subsection (c) as sub-
section (b). 
(12) FOREIGN COUNTER-SPACE PROGRAMS RE-
PORT.— 
(A) ELIMINATION.—Section 2277 is re-
pealed. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of chapter 135 is 
amended by striking the item relating to section 
2277. 
(13) USE
OF
MULTIYEAR
CONTRACTS
RE-
PORT.—Section 2306b(l)(4) is amended by striking 
‘‘Not later than’’ and all that follows through the 
colon and inserting the following: ‘‘Each report re-
quired by paragraph (5) with respect to a contract 
(or contract extension) shall contain the following:’’. 
(14) BURDEN
SHARING
CONTRIBUTIONS
RE-
PORT.—Section 2350j is amended by striking sub-
section (f). 
(15) CONTRACT
PROHIBITION
WAIVER
RE-
PORT.—Section 2410i(c) is amended by striking the 
second sentence. 
(16) STRATEGIC
SOURCING
PLAN
OF
ACTION 
REPORT.—Subsection (a) of section 2475 is amend-
ed to read as follows:
469 
‘‘(a) STRATEGIC SOURCING PLAN OF ACTION DE-
FINED.—In this section, the term ‘Strategic Sourcing 
Plan of Action’ means a Strategic Sourcing Plan of Action 
for the Department of Defense (as identified in the De-
partment of Defense Interim Guidance dated February 
29, 2000, or any successor Department of Defense guid-
ance or directive) in effect for a fiscal year.’’. 
(17) TECHNOLOGY AND INDUSTRIAL BASE POL-
ICY
GUIDANCE
REPORT.—Section 2506 is amend-
ed— 
(A) by striking subsection (b); and 
(B) in subsection (a), by striking ‘‘Such 
guidance’’ and inserting the following: 
‘‘(b) PURPOSE OF GUIDANCE.—The guidance pre-
scribed pursuant to subsection (a)’’. 
(18) FOREIGN-CONTROLLED CONTRACTORS RE-
PORT.—Section 2537 is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsection (c). 
(19) SUPPORT
FOR
SPORTING
EVENTS
RE-
PORT.—Section 2564 is amended— 
(A) in subsection (b)(3), by striking ‘‘sec-
tion 377’’ and inserting ‘‘section 277’’; 
(B) by striking subsection (e);
470 
(C) by redesignating subsections (f) and 
(g) as subsections (e) and (f), respectively; and 
(D) in subsection (e), as so redesignated, 
by ‘‘striking sections 375 and 376’’ and insert-
ing ‘‘sections 275 and 276’’. 
(20) GENERAL AND FLAG OFFICER QUARTERS 
REPORT.—Section 2831 is amended by striking sub-
section (e). 
(21) MILITARY INSTALLATIONS VULNERABILITY 
ASSESSMENT REPORTS.—Section 2859 is amended— 
(A) by striking subsection (c); and 
(B) by redesignating subsection (d) as sub-
section (c). 
(22) INDUSTRIAL FACILITY INVESTMENT PRO-
GRAM
CONSTRUCTION
REPORT.—Section 2861 is 
amended by striking subsection (d). 
(23) STATEMENT OF AMOUNTS AVAILABLE FOR 
WATER
CONSERVATION
AT
MILITARY
INSTALLA-
TIONS.—Section 2866(b) is amended by striking 
paragraph (3). 
(24) ACQUISITION OR CONSTRUCTION OF MILI-
TARY
UNACCOMPANIED
HOUSING
PILOT
PROJECTS 
REPORT.—Section 2881a is amended by striking 
subsection (e).
471 
(25) STATEMENT
OF
AMOUNTS
AVAILABLE 
FROM
ENERGY
COST
SAVINGS.—Section 2912 is 
amended by striking subsection (d). 
(26) ARMY TRAINING REPORT.— 
(A) ELIMINATION.—Section 4316 is re-
pealed. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of chapter 401 is 
amended by striking the item relating to section 
4316. 
(27) STATE OF THE ARMY RESERVE REPORT.— 
Section 3038(f) is amended— 
(A) by striking ‘‘(1)’’ before ‘‘The’’; and 
(B) by striking paragraph (2). 
(28) STATE OF THE MARINE CORPS RESERVE 
REPORT.—Section 5144(d) is amended— 
(A) by striking ‘‘(1)’’ before ‘‘The’’; and 
(B) by striking paragraph (2). 
(29) STATE OF THE AIR FORCE RESERVE RE-
PORT.—Section 8038(f) is amended— 
(A) by striking ‘‘(1)’’ before ‘‘The’’; and 
(B) by striking paragraph (2). 
(b) DEPARTMENT
OF DEFENSE AUTHORIZATION 
ACT, 1985.—Section 1003 of the Department of Defense 
Authorization Act, 1985 (Public Law 98–525; 22 U.S.C.
472 
1928 note), relating to an annual report on allied con-
tributions to the common defense, is amended by striking 
subsections (c) and (d). 
(c) NATIONAL DEFENSE AUTHORIZATION ACT, FIS-
CAL YEAR 1989.—Section 1009 of the National Defense 
Authorization Act, Fiscal Year 1989 (Public Law 100– 
456; 22 U.S.C. 1928 note), relating to an annual report 
on the official development assistance program of Japan, 
is amended by striking subsection (b). 
(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1991.—Section 1518 of the Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101– 
510; 24 U.S.C. 418), relating to reports on the results 
of inspection of Armed Forces Retirement Homes, is 
amended— 
(1) in subsection (c)(1), by striking ‘‘Congress 
and’’; and 
(2) in subsection (e)— 
(A) by striking paragraph (2); 
(B) by striking ‘‘(1)’’ before ‘‘Not later’’; 
and 
(C) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2), respectively. 
(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEARS 1992 AND 1993.—Section 1046 of the Na-
473 
tional Defense Authorization Act for Fiscal Years 1992 
and 1993 (Public Law 102–190; 22 U.S.C. 1928 note), 
relating to an annual report on defense cost-sharing, is 
amended by striking subsections (e) and (f). 
(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1994.—Section 1603 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public Law 
103–160; 22 U.S.C. 2751 note), relating to an annual re-
port on counterproliferation policy and programs of the 
United States, is amended by striking subsection (d). 
(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1995.—Section 533 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103– 
337; 10 U.S.C. 113 note), relating to an annual report 
on personnel readiness factors by race and gender, is re-
pealed. 
(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2000.—Section 366 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106– 
65; 10 U.S.C. 113 note), relating to an annual report on 
spare parts, logistics, and sustainment standards, is 
amended by striking subsection (f). 
(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2002.—The National Defense Authoriza-
474 
tion Act for Fiscal Year 2002 (Public Law 107–107) is 
amended as follows: 
(1) ARMY WORKLOAD AND PERFORMANCE SYS-
TEM
REPORT.—Section 346 (115 Stat. 1062) is 
amended— 
(A) by striking subsections (b) and (c); 
and 
(B) by redesignating subsection (d) as sub-
section (b). 
(2) RELIABILITY OF FINANCIAL STATEMENTS 
REPORT.—Section 1008(d) (10 U.S.C. 113 note) is 
amended— 
(A) by striking ‘‘(1)’’ before ‘‘On each’’; 
and 
(B) by striking paragraph (2). 
(j) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2003.—Section 817 of the Bob Stump Na-
tional Defense Authorization Act for Fiscal Year 2003 
(Public Law 107–314; 10 U.S.C. 2306a note), relating to 
an annual report on commercial item and exceptional case 
exceptions and waivers, is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as sub-
section (d).
475 
(k) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
2006.—The National Defense Authorization Act for 2006 
(Public Law 109–163) is amended as follows: 
(1) NOTIFICATION OF ADJUSTMENT IN LIMITA-
TION AMOUNT FOR NEXT-GENERATION DESTROYER 
PROGRAM.—Section 123 (119 Stat. 3156) is amend-
ed— 
(A) by striking subsection (d); and 
(B) by redesignating subsection (e) as sub-
section (d). 
(2) CERTIFICATION
OF
BUDGETS
FOR
JOINT 
TACTICAL RADIO SYSTEM REPORT.—Section 218(c) 
(119 Stat. 3171) is amended by striking paragraph 
(3). 
(3) DEPARTMENT
OF
DEFENSE
COSTS
TO 
CARRY
OUT
UNITED
NATIONS
RESOLUTIONS
RE-
PORT.—Section 1224 (10 U.S.C. 113 note) is re-
pealed. 
(l) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2007.—Section 357(b) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 22 U.S.C. 4865 note), relating to 
an annual report on Department of Defense overseas per-
sonnel subject to chief of mission authority, is amended
476 
by striking ‘‘shall submit to the congressional defense 
committees’’ and inserting ‘‘shall prepare’’. 
(m) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2008.—The National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181) is 
amended as follows: 
(1) ARMY
INDUSTRIAL
FACILITIES
COOPERA-
TIVE ACTIVITIES REPORT.—Section 328 (10 U.S.C. 
4544 note) is amended by striking subsection (b). 
(2) ARMY PRODUCT IMPROVEMENT REPORT.— 
Section 330 (122 Stat. 68) is amended by striking 
subsection (e). 
(n) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2009.—The Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417) is amended as follows: 
(1) SUPPORT
FOR
NON-CONVENTIONAL
AS-
SISTED
RECOVERY
ACTIVITIES
REPORT.—Section 
943 (122 Stat. 4578) is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f), (g), 
and (h) as subsections (e), (f), and (g), respec-
tively.
477 
(2) REIMBURSEMENT OF NAVY MESS EXPENSES 
REPORT.—Section 1014 (122 Stat. 4585) is amend-
ed by striking subsection (c). 
(3) ELECTROMAGNETIC
PULSE
ATTACK
RE-
PORT.—Section 1048 (122 Stat. 4603) is repealed. 
(o) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2010.—Section 121 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2211), relating to an annual report on the 
Littoral Combat Ship Program, is amended by striking 
subsection (e). 
(p) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2011.—The Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383) is amended as follows: 
(1) NAVY AIRBORNE SIGNALS INTELLIGENCE, 
SURVEILLANCE, AND
RECONNAISSANCE
CAPABILI-
TIES REPORT.—Section 112(b) (124 Stat. 4153) is 
amended— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraph (4) as 
paragraph (3). 
(2) INCLUSION OF TECHNOLOGY PROTECTION 
FEATURES DURING RESEARCH AND DEVELOPMENT
478 
OF DEFENSE SYSTEMS REPORT.—Section 243 (10 
U.S.C. 2358 note) is amended— 
(A) by striking subsection (c); and 
(B) by redesignating subsections (d) and 
(e) as subsections (c) and (d), respectively. 
(3) ACQUISITION OF MILITARY PURPOSE NON-
DEVELOPMENTAL ITEMS REPORT.—Section 866 (10 
U.S.C. 2302 note) is amended— 
(A) by striking subsection (d); and 
(B) by redesignating subsection (e) as sub-
section (d). 
(4) NUCLEAR
TRIAD
REPORT.—Section 1054 
(10 U.S.C. 113 note) is repealed. 
(q) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2012.—The National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81) is 
amended as follows: 
(1) PERFORMANCE MANAGEMENT SYSTEM AND 
APPOINTMENT PROCEDURES REPORT.—Section 1102 
(5 U.S.C. 9902 note) is amended by striking sub-
section (b). 
(2) GLOBAL SECURITY CONTINGENCY FUND RE-
PORT.—Section 1207 (22 U.S.C. 2151 note) is 
amended— 
(A) by striking subsection (n); and
479 
(B) by redesignating subsections (o) and 
(p) as subsections (n) and (o). 
(3) DATA SERVERS AND CENTERS COST SAV-
INGS
REPORT.—Section 2867 (10 U.S.C. 2223a 
note) is amended by striking subsection (d). 
(r) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2013.—The National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 112–239) is 
amended as follows: 
(1) F–22A RAPTOR MODERNIZATION PROGRAM 
REPORT.—Section 144 (126 Stat. 1663) is amended 
by striking subsection (c). 
(2) TRICARE MAIL-ORDER
PHARMACY
PRO-
GRAM
REPORT.—Section 716 (10 U.S.C. 1074g 
note) is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsections (f) and 
(g) as subsections (e) and (f). 
(3) WARRIORS IN TRANSITION PROGRAMS RE-
PORT.—Section 738 (10 U.S.C. 1071 note) is 
amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsection (f) as sub-
section (e).
480 
(4) USE
OF
INDEMNIFICATION
AGREEMENTS 
REPORT.—Section 865 (126 Stat. 1861) is repealed. 
(5) COUNTER SPACE TECHNOLOGY REPORT.— 
Section 917 (126 Stat. 1878) is repealed. 
(6) IMAGERY INTELLIGENCE AND GEOSPATIAL 
INFORMATION SUPPORT REPORT.—Section 921 (126 
Stat. 1878) is amended by striking subsection (c). 
(7) COMPUTER NETWORK OPERATIONS COORDI-
NATION
REPORT.—Section 1079 (10 U.S.C. 221 
note) is amended by striking subsection (c). 
(8) UPDATES OF ACTIVITIES OF OFFICE OF SE-
CURITY
COOPERATION
IN
IRAQ
REPORT.—Section 
1211 (126 Stat. 1983) is amended by striking para-
graph (3). 
(9) UNITED
STATES
PARTICIPATION
IN
THE 
ATARES
PROGRAM
REPORT.—Section 1276 (10 
U.S.C. 2350c note) is amended— 
(A) by striking subsections (e) and (f); and 
(B) by redesignating subsection (g) as sub-
section (e). 
(s) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2014.—The National Defense Authoriza-
tion Act for Fiscal Year 2014 (Public Law 113–66) is 
amended as follows: