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sideration not later than 15 days after receipt of such 
application. 
‘‘(2) REVIEW.—Not later than 60 days after re-
ceiving a complete application, the component acqui-
sition executive shall review such application, make a 
determination, and return the application to the offi-
cial designated pursuant to subsection (b)(1). 
‘‘(3) ELEMENTS OF DETERMINATION.—The deter-
mination required under paragraph (2) shall— 
‘‘(A) recommend the modification to this 
chapter 
proposed 
pursuant 
to 
subsection 
(b)(2)(C); 
‘‘(B) recommend the modification to this 
chapter 
proposed 
pursuant 
to 
subsection 
(b)(2)(C) with further modifications; or 
‘‘(C) not recommend the modification to 
this chapter proposed pursuant to subsection 
(b)(2)(C). 
‘‘(4) JUSTIFICATION.—The determination re-
quired under paragraph (2) shall also include the ra-
tionale and justification for the determination. 
‘‘(d) RECOMMENDATIONS FOR LEGISLATION.—For ap-
plications recommended under subsection (c), the official 
designated pursuant to subsection (b)(1) shall be responsible
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for preparing a legislative proposal for consideration by the 
Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2509. National technology and industrial base application process.’’. 
(c) EFFECTIVE DATE.—Section 2509 of title 10, 
United States Code, as added by subsection (a), shall take 
effect 60 days after the date of the enactment of this Act. 
SEC. 862. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL 
BASE. 
(a) IN GENERAL.—Not later than January 31, 2019, 
the Secretary of Defense, in consultation with the Executive 
Agent for Printed Circuit Board and Interconnect Tech-
nology and the Director of the Office of Management and 
Budget, shall submit to Congress a report examining the 
health of the defense electronics industrial base, including 
analog and passive electronic parts, substrates, printed 
boards, assemblies, connectors, cabling, and related areas, 
both domestically and within the national technology and 
industrial base. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following elements: 
(1) An examination of current and planned 
partnerships with the commercial industry.
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(2) Analysis of the current and future defense 
electronics industrial base. 
(3) Threat assessment related to system security. 
(4) An assessment of the health of the engineer-
ing and production workforce. 
(5) A description of the electronics supply chain 
requirements of defense systems integral to meeting 
the goals of the 2018 National Defense Strategy. 
(6) Recommended actions to address areas 
deemed deficient or vulnerable, and a plan to for-
malize long-term resourcing for the Executive Agent. 
(7) Any other areas matters determined relevant 
by the Secretary. 
SEC. 863. SUPPORT FOR DEFENSE MANUFACTURING COM-
MUNITIES TO SUPPORT THE DEFENSE INDUS-
TRIAL BASE. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Defense may, 
in coordination with the Secretary of Commerce and 
working in coordination with the defense manufac-
turing institutes, establish within the Department of 
Defense a program to make long-term investments in 
critical skills, infrastructure, research and develop-
ment, and small business support in order to 
strengthen the national security innovation base by
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designating and supporting consortiums as defense 
manufacturing communities. 
(2) DESIGNATION.—The program authorized by 
this section shall be known as the ‘‘Defense Manufac-
turing Community Support Program’’ (in this sec-
tion referred to as the ‘‘Program’’). 
(b) DESIGNATION OF DEFENSE MANUFACTURING COM-
MUNITIES COMPLEMENTARY TO DEFENSE MANUFACTURING 
INSTITUTES.— 
(1) IN GENERAL.—The Secretary of Defense may 
designate eligible consortiums as defense manufac-
turing communities through a competitive process, 
and in coordination with the defense manufacturing 
institutes. 
(2) ELIGIBLE
CONSORTIUMS.—The Secretary 
may establish eligibility criteria for a consortium to 
participate in the Program. In developing such cri-
teria, the Secretary may consider the merits of— 
(A) including members from academia, de-
fense industry, commercial industry, and State 
and local government organizations; 
(B) supporting efforts in geographical re-
gions that have capabilities in key technologies 
or industrial base supply chains that are deter-
mined critical to national security;
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(C) optimal consortium composition and 
size to promote effectiveness, collaboration, and 
efficiency; and 
(D) complementarity with defense manufac-
turing institutes. 
(3) DURATION.—Each designation under para-
graph (1) shall be for a period designated by the Sec-
retary. 
(4) RENEWAL.— 
(A) IN
GENERAL.—The Secretary may 
renew a designation made under paragraph (1) 
for up to two additional two-year periods. Any 
designation as a defense manufacturing commu-
nity or renewal of such designation that is in ef-
fect before the date of the enactment of this Act 
shall count toward the limit set forth in this sub-
paragraph. 
(B) EVALUATION FOR RENEWAL.—The Sec-
retary shall establish criteria for the renewal of 
a consortium. In establishing such criteria, the 
Secretary may consider— 
(i) the performance of the consortium 
in meeting the established goals of the Pro-
gram;
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(ii) the progress the consortium has 
made 
with 
respect 
to 
project-specific 
metrics, particularly with respect to those 
metrics that were designed to help commu-
nities track their own progress; 
(iii) whether any changes to the com-
position of the eligible consortium or revi-
sions of the plan for the consortium would 
improve the capabilities of the defense in-
dustrial base; 
(iv) the effectiveness of coordination 
with defense manufacturing institutes; and 
(v) such other criteria as the Secretary 
considers appropriate. 
(5) APPLICATION FOR DESIGNATION.—An eligible 
consortium seeking a designation under paragraph 
(1) shall submit an application to the Secretary at 
such time and in such manner as the Secretary may 
require. In developing such procedures, the Secretary 
may consider the inclusion of— 
(A) a description of the regional boundaries 
of the consortium, and the defense manufac-
turing capacity of the region;
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Subtitle G—Other Transactions 
SEC. 871. CHANGE TO NOTIFICATION REQUIREMENT FOR 
OTHER TRANSACTIONS. 
Section 2371b(f)(1) of title 10, United States Code, is 
amended by inserting after the first sentence the following: 
‘‘The cost of any such option shall be considered for pur-
poses of subsection (a)(2) as part of the cost to the Depart-
ment of Defense of a transaction (for a prototype).’’. 
SEC. 872. DATA AND POLICY ON THE USE OF OTHER TRANS-
ACTIONS. 
(a) COLLECTION AND STORAGE.—The Service Acquisi-
tion Executives of the military departments shall collect 
data on the use of other transactions by their respective de-
partments, and the Under Secretary of Defense for Research 
and Engineering and the Under Secretary of Defense for 
Acquisition and Sustainment shall collect data on all other 
use by the Department of Defense of other transactions, in-
cluding use by the Defense Agencies. The data shall be stored 
in a manner that allows the Assistant Secretary of Defense 
for Acquisition access at any time. 
(b) USE OF DATA.—The Assistant Secretary of Defense 
for Acquisition shall analyze and leverage the data collected 
under subsection (a) to update policy and guidance related 
to the use of other transactions.
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Subtitle H—Development and Ac-
quisition of Software Intensive 
and Digital Products and Serv-
ices 
SEC. 881. CLARIFICATIONS REGARDING PROPRIETARY AND 
TECHNICAL DATA. 
(a) VALIDATION
OF PROPRIETARY DATA RESTRIC-
TIONS.—Section 2321(f) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘(1) Except as provided in para-
graph (2), in’’ and inserting ‘‘In’’; and 
(2) by striking paragraph (2). 
(b) RIGHTS IN TECHNICAL DATA.—Section 2320 of 
title 10, United States Code, is amended— 
(1) by striking subsection (f); and 
(2) by redesignating subsections (g) and (h) as 
subsections (f) and (g), respectively. 
SEC. 882. IMPLEMENTATION OF RECOMMENDATIONS OF 
THE 
FINAL 
REPORT 
OF 
THE 
DEFENSE 
SCIENCE BOARD TASK FORCE ON THE DE-
SIGN AND ACQUISITION OF SOFTWARE FOR 
DEFENSE SYSTEMS. 
(a) IMPLEMENTATION REQUIRED.—Not later than 18 
months after the date of the enactment of this Act, the Sec-
retary of Defense shall, except as provided under subsection
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(b), commence implementation of each recommendation 
submitted as part of the final report of the Defense Science 
Board Task Force on the Design and Acquisition of Soft-
ware for Defense Systems. 
(b) EXCEPTIONS.— 
(1) DELAYED IMPLEMENTATION.—The Secretary 
of Defense may commence implementation of a rec-
ommendation described under subsection (a) later 
than the date required under such subsection if the 
Secretary provides the congressional defense commit-
tees with a specific justification for the delay in im-
plementation of such recommendation. 
(2) NONIMPLEMENTATION.—The Secretary of De-
fense may opt not to implement a recommendation 
described under subsection (a) if the Secretary pro-
vides to the congressional defense committees— 
(A) the reasons for the decision not to im-
plement the recommendation; and 
(B) a summary of the alternative actions 
the Secretary plans to take to address the pur-
poses underlying the recommendation. 
(c) IMPLEMENTATION PLANS.—For each recommenda-
tion that the Secretary is implementing, or that the Sec-
retary plans to implement, the Secretary shall submit to 
the congressional defense committees—
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(1) a summary of actions that have been taken 
to implement the recommendation; and 
(2) a schedule, with specific milestones, for com-
pleting the implementation of the recommendation. 
SEC. 883. IMPLEMENTATION OF PILOT PROGRAM TO USE 
AGILE OR ITERATIVE DEVELOPMENT METH-
ODS REQUIRED UNDER SECTION 873 OF THE 
NATIONAL DEFENSE AUTHORIZATION ACT 
FOR FISCAL YEAR 2018. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall include the following systems for realignment under 
the pilot program to use agile or iterative development 
methods pursuant to section 873 of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 115– 
91): 
(1) Global Positioning System Next Generation 
Operational Control System (GPS OCX). 
(2) Integrated Air and Missile Defense Battle 
Command System (IBCS). 
(3) Command Control Battle Management and 
Communications (C2BMC). 
(4) The family of Distributed Common Ground 
Systems.
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(5) The family of Global Command and Control 
Systems. 
(6) Joint Space Operations Center Mission Sys-
tems (JMS). 
(7) Joint Strike Fighter Autonomic Logistics In-
formation System (ALIS). 
(8) Electronic Procurement System (ePS). 
(9) Air Force Integrated Personnel and Pay Sys-
tem (AFIPPS). 
(10) Navy Personnel and Pay (NP2). 
(11) 
Integrated 
Personnel 
and 
Pay-Army 
(IPPS–A). 
(12) 
Maintenance, 
Repair, 
and 
Overhaul 
(MROI). 
(13) Defense Enterprise Accounting Management 
System (DEAMS). 
(14) Army Contract Writing System. 
(15) Contracting IT System. 
(16) Defense-wide Electronic Procurement Capa-
bilities. 
(b) REVISIONS TO LIST.—The Secretary of Defense 
shall notify the congressional defense committees of any re-
visions to the list of systems included for realignment under 
subsection (a).
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SEC. 884. ENABLING AND OTHER ACTIVITIES OF THE 
CLOUD EXECUTIVE STEERING GROUP. 
(a) ACTIVITIES REQUIRED.—Commencing not later 
than 90 days after the date of the enactment of this Act, 
the Cloud Executive Steering Group (CESG) established by 
the Deputy Secretary of Defense in a directive memo-
randum dated September 13, 2017, in order to support its 
Joint Enterprise Defense Infrastructure (JEDI) initiative 
to procure commercial cloud services, shall conduct certain 
key enabling activities as follows: 
(1) ADVANCED COMMERCIAL NETWORK CAPABILI-
TIES.—Develop an approach to rapidly acquire ad-
vanced commercial network capabilities, including 
software-defined networking, on-demand bandwidth, 
and aggregated cloud access gateways, through com-
mercial service providers in order— 
(A) to support the migration of applications 
and systems to commercial cloud platforms; 
(B) to increase visibility of end-to-end per-
formance to enable and enforce service level 
agreements for cloud services; 
(C) to ensure efficient and common cloud 
access; 
(D) to facilitate shifting data and applica-
tions from one cloud platform to another; 
(E) to improve cybersecurity; and
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(F) to consolidate networks and achieve effi-
ciencies and improved performance; 
(2) WORKLOAD AND MIGRATION ANALYSIS.—Con-
duct an analysis of existing workloads that would be 
migrated to the Joint Enterprise Defense Infrastruc-
ture, including— 
(A) identifying all of the cloud initiatives 
across the Department of Defense, and deter-
mining the objectives of such initiatives in con-
nection with the intended scope of the Infrastruc-
ture; 
(B) identifying all the systems and applica-
tions that the Department would intend to mi-
grate to the Infrastructure; 
(C) conducting rationalization of applica-
tions to identify applications and systems that 
may duplicate the processing of workloads in 
connection with the Infrastructure; and 
(D) as result of such actions, arriving at 
dispositions about migration or termination of 
systems and applications in connection with the 
Infrastructure. 
(b) LIMITATION
ON NEW SYSTEMS
AND APPLICA-
TIONS.—The Deputy Secretary shall require that no new 
system or application will be approved for development or
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modernization without an assessment that such system or 
application is already, or can and would be, cloud-hosted. 
(c) INTEGRATION AND SUPPORT.—The Deputy Sec-
retary shall ensure that the activities conducted under sub-
section (a) are integrated with and support the plan of the 
Department to acquire and migrate to commercial cloud 
services. 
(d) TRANSPARENCY AND COMPETITION.—The Deputy 
Secretary shall ensure that the acquisition approach of the 
Department continues to follow the Federal Acquisition 
Regulation, including part 16.504(c) of such regulation, re-
garding procedures relating to the preference for multiple 
awards. 
Subtitle I—Other Matters 
SEC. 
891. 
PROHIBITION 
ON 
CERTAIN 
TELECOMMUNI-
CATIONS SERVICES OR EQUIPMENT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In its 2011 ‘‘Annual Report to Congress on 
Military and Security Developments Involving the 
People’s Republic of China’’, the Department of De-
fense stated, ‘‘China’s defense industry has benefited 
from integration with a rapidly expanding civilian 
economy and science and technology sector, particu-
larly elements that have access to foreign technology. 
Progress within individual defense sectors appears
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linked to the relative integration of each, through Chi-
na’s civilian economy, into the global production and 
R&D chain . . . Information technology companies 
in particular, including Huawei, Datang, and 
Zhongxing, maintain close ties to the PLA.’’. 
(2) In a 2011 report titled ‘‘The National Secu-
rity Implications of Investments and Products from 
the People’s Republic of China in the Telecommuni-
cations Sector’’, the United States China Commission 
stated that ‘‘[n]ational security concerns have accom-
panied the dramatic growth of China’s telecom sector. 
. . . Additionally, large Chinese companies—particu-
larly those ‘national champions’ prominent in Chi-
na’s ‘going out’ strategy of overseas expansion—are 
directly subject to direction by the Chinese Com-
munist Party, to include support for PRC state poli-
cies and goals.’’. 
(3) The Commission further stated in its report 
that ‘‘[f]rom this point of view, the clear economic 
benefits of foreign investment in the U.S. must be 
weighed against the potential security concerns re-
lated to infrastructure components coming under the 
control of foreign entities. This seems particularly ap-
plicable in the telecommunications industry, as Chi-
nese companies continue systematically to acquire
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significant holdings in prominent global and U.S. 
telecommunications and information technology com-
panies.’’. 
(4) In its 2011 Annual Report to Congress, the 
United States China Commission stated that ‘‘[t]he 
extent of the state’s control of the Chinese economy is 
difficult to quantify . . . There is also a category of 
companies that, though claiming to be private, are 
subject to state influence. Such companies are often in 
new markets with no established SOE leaders and 
enjoy favorable government policies that support their 
development while posing obstacles to foreign competi-
tion. Examples include Chinese telecoms giant 
Huawei and such automotive companies as battery 
maker BYD and vehicle manufacturers Geely and 
Chery.’’. 
(5) General Michael Hayden, who served as Di-
rector of the Central Intelligence Agency and Director 
of the National Security Agency, stated in July 2013 
that Huawei had ‘‘shared with the Chinese state inti-
mate and extensive knowledge of foreign telecommuni-
cations systems it is involved with’’. 
(6) The Federal Bureau of Investigation, in a 
February 2015 Counterintelligence Strategy Partner-
ship Intelligence Note stated that, ‘‘[w]ith the ex-
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panded use of Huawei Technologies Inc. equipment 
and services in U.S. telecommunications service pro-
vider networks, the Chinese Government’s potential 
access to U.S. business communications is dramati-
cally increasing. Chinese Government-supported tele-
communications equipment on U.S. networks may be 
exploited through Chinese cyber activity, with China’s 
intelligence services operating as an advanced per-
sistent threat to U.S. networks.’’. 
(7) The FBI further stated in its February 2015 
counterintelligence note that ‘‘China makes no secret 
that its cyber warfare strategy is predicated on con-
trolling global communications network infrastruc-
ture’’. 
(8) At a hearing before the Committee on Armed 
Services of the House of Representatives on September 
30, 2015, Deputy Secretary of Defense Robert Work, 
responding to a question about the use of Huawei 
telecommunications equipment, stated, ‘‘In the Office 
of the Secretary of Defense, absolutely not. And I 
know of no other—I don’t believe we operate in the 
Pentagon, any [Huawei] systems in the Pentagon.’’. 
(9) At that hearing, the Commander of the 
United States Cyber Command, Admiral Mike Rog-
ers, responding to a question about why such Huawei
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telecommunications equipment is not used, stated, 
‘‘As we look at supply chain and we look at potential 
vulnerabilities within the system, that it is a risk we 
felt was unacceptable.’’. 
(10) In March 2017, ZTE Corporation pled 
guilty to conspiring to violate the International 
Emergency Economic Powers Act by illegally ship-
ping U.S.-origin items to Iran, paying the United 
States Government a penalty of $892,360,064 for ac-
tivity between January 2010 and January 2016. 
(11) The Department of the Treasury’s Office of 
Foreign Assets Control issued a subpoena to Huawei 
as part of a Federal investigation of alleged violations 
of trade restrictions on Cuba, Iran, Sudan, and 
Syria. 
(12) In the bipartisan ‘‘Investigative Report on 
the United States National Security Issues Posed by 
Chinese Telecommunication Companies Huawei and 
ZTE’’ released in 2012 by the Permanent Select Com-
mittee on Intelligence of the House of Representatives, 
it was recommended that ‘‘U.S. government systems, 
particularly sensitive systems, should not include 
Huawei or ZTE equipment, including in component 
parts. Similarly, government contractors—particu-
larly those working on contracts for sensitive U.S.
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programs—should exclude ZTE or Huawei equipment 
in their systems.’’. 
(b) PROHIBITION ON USE OR PROCUREMENT.—The 
Secretary of Defense may not— 
(1) procure or obtain or extend or renew a con-
tract to procure or obtain any equipment, system, or 
service that uses covered telecommunications equip-
ment or services as a substantial or essential compo-
nent of any system, or as critical technology as part 
of any system; or 
(2) enter into a contract (or extend or renew a 
contract) with an entity that uses any equipment, 
system, or service that uses covered telecommuni-
cations equipment or services as a substantial or es-
sential component of any system, or as critical tech-
nology as part of any system. 
(c) EFFECTIVE DATES.—The prohibition under sub-
section (b)(1) shall take effect 180 days after the date of 
the enactment of this Act and the prohibition under sub-
section (b)(2) shall take effect three years after the date of 
the enactment of this Act. 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to— 
(1) prohibit the Secretary of Defense from pro-
curing with an entity to provide a service that con-
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nects to the facilities of a third-party, such as 
backhaul, roaming, or interconnection arrangements; 
or 
(2) cover telecommunications equipment that 
cannot route or redirect user data traffic or permit 
visibility into any user data or packets that such 
equipment transmits or otherwise handles 
(e) DEFINITIONS.—In this section: 
(1) COVERED
FOREIGN
COUNTRY.—The term 
‘‘covered foreign country’’ means the People’s Repub-
lic of China. 
(2) COVERED TELECOMMUNICATIONS EQUIPMENT 
OR
SERVICES.—The term ‘‘covered telecommuni-
cations equipment or services’’ means any of the fol-
lowing: 
(A) Telecommunications equipment pro-
duced by Huawei Technologies Company or ZTE 
Corporation (or any subsidiary or affiliate of 
such entities). 
(B) Telecommunications services provided 
by such entities or using such equipment. 
(C) Telecommunications equipment or serv-
ices produced or provided by an entity that the 
Secretary of Defense, in consultation with the 
Director of the National Intelligence or the Di-
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rector of the Federal Bureau of Investigation, 
reasonably believes to be an entity owned or con-
trolled by, or otherwise connected to, the govern-
ment of a covered foreign country. 
SEC. 892. LIMITATION ON USE OF FUNDS PENDING SUB-
MITTAL OF REPORT ON ARMY MARKETING 
AND ADVERTISING PROGRAM. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
the Army shall submit to the Committees on Armed 
Services of the Senate and House of Representatives 
a report on the recommendations contained in the 
audit of the Army Audit Agency of the Army’s Mar-
keting and Advertising Program concerning contract 
oversight and return on investment. 
(2) ELEMENTS.—The report required by para-
graph (1) shall address each of the following: 
(A) The mitigation and oversight measures 
implemented to assure improved program return 
and contract management, including the estab-
lishment of specific goals to measure long-term 
effects of investments in marketing efforts. 
(B) The establishment of a review process to 
regularly evaluate the effectiveness and efficiency
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of marketing efforts, including efforts to better 
support the accessions missions of the Army. 
(C) The increase of acquisition and mar-
keting experience within the Army Marketing 
and Research Group (in this section referred to 
as the ‘‘AMRG’’). 
(D) A workforce analysis of AMRG in co-
operation with the Office of Personnel Manage-
ment and industry experts assessing the AMRG 
organizational structure, staffing, and training, 
including an assessment of the workplace climate 
and culture internal to the AMRG. 
(E) The establishment of an Army Mar-
keting and Advisory Board comprised of senior 
Army and marketing and advertising leaders 
and an assessment of industry and service mar-
keting and advertising best practices, including 
a plan to incorporate relevant practices. 
(F) The status of the implementation of 
contracting practices recommended by the Army 
Audit Agency’s audit of contracting oversight of 
AMRG contained in Audit Report A–2018– 
0033–MTH. 
(b) LIMITATION ON USE OF FUNDS.—Not more than 
50 percent of the amounts authorized to be appropriated
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by this Act or otherwise made available for the AMRG for 
fiscal year 2019 for advertising and marketing activities 
may be obligated or expended until the Secretary of the 
Army submits the report required under subsection (a). 
(c) COMPTROLLER GENERAL REVIEW.—Not later than 
90 days after the date of the submittal of the report required 
under subsection (a), the Comptroller General of the United 
States shall conduct a review of the results and implementa-
tion of the recommendations of the Army Audit Agency Au-
dits of the AMRG on contract oversight and return on in-
vestment. The review shall include an assessment of the ef-
fects of the implementation of the recommendations on the 
AMRG leadership, workforce, and business practices, and 
return on investment. 
SEC. 893. PERMANENT SBIR AND STTR AUTHORITY FOR 
THE DEPARTMENT OF DEFENSE. 
Section 9 of the Small Business Act (15 U.S.C. 638) 
is amended— 
(1) in subsection (m), by inserting ‘‘, except with 
respect to the Department of Defense’’ after ‘‘Sep-
tember 30, 2022’’; and 
(2) in subsection (n)(1)(A)— 
(A) by inserting ‘‘(or, with respect to the 
Department of Defense, any fiscal year)’’ after 
‘‘2022’’; and
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(B) by inserting ‘‘(or, with respect to the 
Department of Defense, for any fiscal year)’’ 
after ‘‘for that fiscal year’’. 
SEC. 894. PROCUREMENT OF TELECOMMUNICATIONS SUP-
PLIES FOR EXPERIMENTAL PURPOSES. 
Section 2373 of title 10, United States Code, is amend-
ed by inserting ‘‘telecommunications,’’ after ‘‘space flight,’’. 
SEC. 895. ACCESS BY DEVELOPMENTAL AND OPERATIONAL 
TESTING ACTIVITIES TO DATA REGARDING 
MODELING AND SIMULATION ACTIVITY. 
(a) IN GENERAL.—Section 139(e) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(4) The Director shall have prompt access to all data 
regarding modeling and simulation activity proposed to be 
used by military departments and defense agencies in sup-
port of operational or live fire test and evaluation of mili-
tary capabilities. This access shall include data associated 
with verification, validation, and accreditation activities.’’. 
(b) ADDITIONAL TESTING DATA.—Developmental Test 
and Evaluation activities under the leadership of the Under 
Secretary of Defense for Research and Engineering and the 
Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment shall have prompt access to all data regarding 
modeling and simulation activity proposed to be used by
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military departments and defense agencies in support of de-
velopmental test and evaluation of military capabilities. 
This access shall include data associated with verification, 
validation, and accreditation activities. 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Office of the Secretary 
of Defense and Related Matters 
SEC. 901. POWERS AND DUTIES OF THE UNDER SECRETARY 
OF DEFENSE FOR RESEARCH AND ENGINEER-
ING IN CONNECTION WITH PRIORITY EMERG-
ING TECHNOLOGIES. 
(a) IN GENERAL.—In carrying out duties under sec-
tion 133a of title 10, United States Code, in connection 
with the National Defense Strategy of the Department of 
Defense of 2018, the Under Secretary of Defense for Re-
search and Engineering shall have the authority to direct 
the Secretaries of the military departments, and the heads 
of all other elements of the Department of Defense with re-
gard to matters for which the Under Secretary has responsi-
bility, with respect to programs, projects, and activities in 
connection with technology areas given priority, including 
technology areas as follows: 
(1) Directed energy.
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(2) Hypersonics. 
(3) Artificial intelligence. 
(4) Future space satellite architectures. 
(b) DIRECTION OF SECRETARY OF DEFENSE.— 
(1) IN
GENERAL.—The Under Secretary shall 
carry out any powers and duties under this section 
under the authority, direction, and control of the Sec-
retary. 
(2) CONSTRUCTION OF AUTHORITY.—Nothing in 
this section may be construed as altering or revising 
the authority, direction, and control of the Under Sec-
retary by the Secretary of Defense and the Deputy 
Secretary of Defense. 
(c) SATELLITE ARCHITECTURES.— 
(1) NO
DIRECTIONAL
AUTHORITY
FOR
SPACE 
LAUNCH VEHICLES.—The authority in subsection (a) 
with respect to future space satellite architectures does 
not include the following: 
(A) Authority for space launch vehicles. 
(B) Authority for direction of the Evolved 
Expendable Launch Vehicle program, including 
any program, project, or activity relating to the 
Next Generation Launch System. 
(2) FINAL DECISIONAL AUTHORITY ON ARCHI-
TECTURES.—The Deputy Secretary of Defense shall
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have final decisional authority over any decision on 
future space satellite architecture under the authority 
in subsection (a). The Deputy Secretary shall exercise 
such final decisional authority in consultation with 
the Secretaries of the military departments. 
(d) COORDINATION.—In executing powers and duties 
under this section, the Under Secretary shall consult with 
appropriate officials of the military departments and the 
Defense Agencies in order to maximize support of effective 
and efficient execution of the National Defense Strategy re-
ferred to in subsection (a). 
(e) EXPIRATION.—The authority of the Under Sec-
retary under this section shall expire on the date that is 
one year after the date of the enactment of this Act. 
SEC. 902. REDESIGNATION AND MODIFICATION OF RESPON-
SIBILITIES OF UNDER SECRETARY OF DE-
FENSE FOR PERSONNEL AND READINESS. 
(a) REDESIGNATION
AND
RESPONSIBILITIES
AS 
UNDER SECRETARY OF DEFENSE FOR PERSONNEL.— 
(1) IN
GENERAL.—Section 136 of title 10, 
United States Code, is amended— 
(A) by striking ‘‘and Readiness’’ each place 
it appears; and 
(B) by striking subsection (d).
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(2) HEADING AMENDMENT.—The heading of such 
section is amended to read as follows: 
‘‘§ 136. Under Secretary of Defense for Personnel’’. 
(b) DESIGNATION AS CHIEF HUMAN CAPITAL OFFI-
CER.—Such section is further amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The Under Secretary is the Chief Human Capital 
Officer of the Department of Defense for purposes of chapter 
14 of title 5.’’. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 4 of such title is amended by strik-
ing the item relating to section 136 and inserting the fol-
lowing new item: 
‘‘136. Under Secretary of Defense for Personnel.’’. 
(d) OTHER CONFORMING AMENDMENTS.— 
(1) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is further amended as follows: 
(A) In section 131(b)(3), by striking sub-
paragraph (E) and inserting the following new 
subparagraph (E): 
‘‘(D) The Undersecretary of Defense for Per-
sonnel.’’. 
(B) In section 137(c), by striking ‘‘and 
Readiness’’.
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(2) EXECUTIVE SCHEDULE LEVEL III.—Section 
5314 of title 5, United States Code, is amended by 
striking the item relating to the Under Secretary of 
Defense for Personnel and Readiness and inserting 
the following new item: 
‘‘Under Secretary of Defense for Personnel.’’. 
(e) REFERENCES.—Any reference to the Under Sec-
retary of Defense for Personnel and Readiness in any law, 
regulation, map, document, record, or other paper of the 
United States shall be deemed to be a reference to the Under 
Secretary of Defense for Personnel. 
SEC. 903. MODIFICATION OF RESPONSIBILITIES OF THE 
UNDER SECRETARY OF DEFENSE FOR POL-
ICY. 
(a) IN GENERAL.—Paragraph (2) of section 134(b) of 
title 10, United States Code, is amended to read as follows: 
‘‘(2) The Under Secretary shall assist the Secretary of 
Defense in the following: 
‘‘(A) Preparing the National Defense Strategy, 
as required by section 113 of this title. 
‘‘(B) Preparing policy guidance for the prepara-
tion of campaign and contingency plans by the com-
manders of the combatant commands, and in review-
ing such plans.
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‘‘(C) Preparing policy guidance for the develop-
ment of the global force posture. 
‘‘(D) Preparing policy guidance to direct the for-
mulation of program and budget requests by the mili-
tary departments and other elements of the Depart-
ment of Defense, and reviewing such requests in the 
annual planning, programming, and budget process. 
‘‘(E) Developing planning scenarios that describe 
the present and future strategic and operational envi-
ronments by which to assess joint force capabilities 
and readiness. 
‘‘(F) Developing specific outcomes that the joint 
force should be ready to achieve and conducting as-
sessments of the readiness of the joint force to achieve 
such outcomes. 
‘‘(G) Devising specific criteria to direct reviews 
by the Director of Cost Assessment and Program 
Evaluation of the implementation of the capability 
and readiness priorities of the Secretary.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on February 1, 2019.
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SEC. 904. REPORT ON ALLOCATION OF FORMER RESPON-
SIBILITIES OF THE UNDER SECRETARY OF 
DEFENSE FOR ACQUISITION, TECHNOLOGY, 
AND LOGISTICS. 
Not later than March 1, 2019, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report setting 
forth the following: 
(1) A list of each provision of law, whether with-
in or outside title 10, United States Code, in force as 
of the date of the report that, as of that date, assigns 
a duty, responsibility, or other requirement to the 
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. 
(2) For each duty, responsibility, or other re-
quirement specified in a provision of law listed pur-
suant to paragraph (1), the allocation of such duty, 
responsibility, or requirement within the Department 
of Defense, including— 
(A) solely to the Under Secretary of Defense 
for Research and Engineering; 
(B) solely to the Under Secretary of Defense 
for Acquisition and Sustainment; 
(C) on a shared basis between the Under 
Secretary of Defense for Research and Engineer-
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ing and the Under Secretary of Defense for Ac-
quisition and Sustainment; 
(D) solely to another official or organiza-
tion of the Department; 
(E) on a shared basis between other officials 
and organizations of the Department; or 
(F) not allocated. 
SEC. 905. ASSISTANT SECRETARY OF DEFENSE FOR STRAT-
EGY, PLANS, ASSESSMENTS, READINESS, AND 
CAPABILITIES. 
(a) IN GENERAL.—Section 138(b) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(5)(A) One of the Assistant Secretaries is the Assist-
ant Secretary of Defense for Strategy, Plans, Assessments, 
Readiness and Capabilities. 
‘‘(B) The principal duty of the Assistant Secretary 
shall be to support the Secretary of Defense in developing 
the National Defense Strategy (as required by section 113 
of this title) and related policy guidance for the campaign 
and contingency plans, force development and defense pos-
ture priorities, and readiness objectives required to execute 
the Strategy. 
‘‘(C) Subject to the authority, direction, and control 
of the Secretary and the Under Secretary of Defense for Pol-
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icy, the Assistant Secretary shall be responsible for the fol-
lowing: 
‘‘(i) In matters relating to strategy and force 
planning, the following: 
‘‘(I) Supporting the Secretary and the 
Under Secretary in preparing the National De-
fense Strategy. 
‘‘(II) Producing policy guidance to direct 
the formulation of program and budget requests 
by the military departments and other elements 
of the Department, including the Defense Plan-
ning Guidance as required by section 113 of this 
title, and review such program and budget re-
quests. 
‘‘(III) Proposing alternative force sizes and 
structures, joint capabilities and concepts, and 
roles and missions for the armed forces to inform 
the development of annual program and budget 
requests. 
‘‘(ii) In matters relating to plans and force pos-
ture, the following: 
‘‘(I) Supporting the Secretary and the 
Under Secretary in producing policy guidance to 
inform the development of campaign and contin-
gency plans by the commanders of the combatant
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commands, including the Contingency Planning 
Guidance for Employment of the Force and the 
Global Defense Posture Report as required by 
section 113 of this title, and reviewing such 
plans. 
‘‘(II) Advising the Secretary and the Under 
Secretary on alternative concepts for the employ-
ment and posture of the joint force to align with 
the National Defense Strategy and other ap-
proved policy guidance of the Secretary. 
‘‘(iii) In matters relating to assessments, the fol-
lowing: 
‘‘(I) Developing planning scenarios that de-
scribe the present and future strategic and oper-
ational environments by which to assess joint 
force capabilities and readiness. 
‘‘(II) Producing detailed assessments at the 
strategic, campaign, and mission levels (includ-
ing through war games) to evaluate the present 
and future capability and readiness of the armed 
forces to conduct joint military campaigns or 
competitions that are prioritized in approved 
policy guidance of the Secretary. 
‘‘(III) Devising specific criteria to direct re-
views by the Director of Cost Assessment and
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Program Evaluation of the implementation of 
the capability and readiness priorities estab-
lished in approved policy guidance of the Sec-
retary. 
‘‘(iv) In matters relating to readiness, the fol-
lowing: 
‘‘(I) Describing the strategic, campaign, 
and mission outcomes that the joint force should 
be ready to achieve and by which joint force 
readiness will be assessed, in accordance with 
approved strategic guidance of the Secretary. 
‘‘(II) Conducting assessments of the readi-
ness of the joint force to perform the missions 
prioritized in the National Defense Strategy and 
other approved policy guidance of the Secretary, 
including through the observation of military 
training and exercises. 
‘‘(v) In matters relating to strategic capabilities, 
developing and supervising policy, program planning 
and execution, and allocation and use of resources for 
any strategic capabilities designated by the Under 
Secretary.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on February 1, 2019.
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SEC. 906. CLARIFICATION OF RESPONSIBILITIES AND DU-
TIES OF THE CHIEF INFORMATION OFFICER 
OF THE DEPARTMENT OF DEFENSE. 
Section 142(b)(1) of title 10, United States Code, is 
amended— 
(1) in subparagraph (A), by inserting ‘‘(other 
than with respect to business systems and manage-
ment)’’ after ‘‘sections 3506(a)(2)’’; 
(2) in subparagraph (B), by striking ‘‘section 
11315 of title 40’’ and inserting ‘‘sections 11315 and 
11319 of title 40 (other than with respect to business 
systems and management)’’; and 
(3) in subparagraph (C), by striking ‘‘sections 
2222, 2223(a), and 2224 of this title’’ and inserting 
‘‘sections 2223(a) (other than with respect to business 
systems and management) and 2224 of this title’’. 
SEC. 907. SPECIFICATION OF CERTAIN DUTIES OF THE DE-
FENSE TECHNICAL INFORMATION CENTER. 
(a) IN GENERAL.—In addition to any other duties 
specified for the Defense Technical Information Center by 
law, regulation, or Department of Defense directive or in-
struction, the duties of the Center shall include the fol-
lowing: 
(1) To execute the Global Research Watch Pro-
gram under section 2365 of title 10, United States 
Code.
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(2) To develop and maintain datasets and other 
data repositories on research and engineering activi-
ties being conducted within the Department. 
(b) ACTION PLAN.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a plan of action 
for the commencement by the Defense Technical Informa-
tion Center of the duties specified in subsection (a). 
SEC. 908. LIMITATION ON TERMINATION OF, AND TRANS-
FER OF FUNCTIONS, RESPONSIBILITIES, AND 
ACTIVITIES OF, THE STRATEGIC CAPABILI-
TIES OFFICE. 
(a) LIMITATION.—The Secretary of Defense may not 
terminate the Strategic Capabilities Office or transfer the 
functions or responsibilities of such office to another entity 
or organization until the Secretary— 
(1) certifies to the congressional defense commit-
tees that the key functions, responsibilities, and ac-
tivities of the office will be replicated and managed 
elsewhere after such office has been terminated or its 
functions, responsibilities, or activities have been 
transferred; 
(2) submits to the congressional defense commit-
tees—
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(A) a plan to replicate and manage such 
functions, responsibilities, and activities else-
where; and 
(B) if the Secretary decides that the Stra-
tegic Capabilities Office, or subsequent entity, 
should report to an official other than the Under 
Secretary for Research and Engineering, a jus-
tification for such decision. 
(b) KEY FUNCTIONS.—The key functions of the office 
referred to in subsection (a)(1) are the following: 
(1) Repurposing existing Government and com-
mercial systems for new technological advantage. 
(2) Developing novel concepts of operation that 
are lower cost, more effective, and more responsive to 
changing threats than traditional concepts of oper-
ation. 
(3) Developing joint systems and concepts of op-
erations to meet emerging threats and military re-
quirements based on partnerships with the military 
services and combatant commanders. 
(4) Developing prototypes and new concepts of 
operations that can inform the development of re-
quirements and the establishment of acquisition pro-
grams.
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(5) Such other functions as the Secretary con-
siders appropriate. 
SEC. 909. TECHNICAL CORRECTIONS TO DEPARTMENT OF 
DEFENSE 
TEST 
RESOURCE 
MANAGEMENT 
CENTER AUTHORITY. 
Section 196 of title 10, United States Code, is amended 
in subsections (c)(1)(B) and (g) by striking ‘‘Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics’’ and inserting ‘‘Under Secretary of Defense for Re-
search and Engineering’’. 
Subtitle B—Organization and Man-
agement of Other Department of 
Defense Offices and Elements 
SEC. 921. MODIFICATION OF CERTAIN RESPONSIBILITIES 
OF THE CHAIRMAN OF THE JOINT CHIEFS OF 
STAFF RELATING TO JOINT FORCE CONCEPT 
DEVELOPMENT. 
Subparagraph (D) of section 153(a)(6) of title 10, 
United States Code, is amended to read as follows: 
‘‘(D) formulating policies for development 
and experimentation on both urgent and long- 
term concepts for the joint employment of the 
armed forces, including establishment of a proc-
ess within the Joint Staff for—
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‘‘(i) analyzing and prioritizing gaps 
in capabilities that could potentially be ad-
dressed by joint concept development using 
existing or modified joint force capabilities; 
and 
‘‘(ii) ensuring that such joint concepts 
are tested, assessed and, if appropriate, 
fielded to support the joint force;’’. 
SEC. 922. ASSISTANT SECRETARY OF DEFENSE FOR SPE-
CIAL OPERATIONS AND LOW-INTENSITY CON-
FLICT REVIEW OF UNITED STATES SPECIAL 
OPERATIONS COMMAND. 
(a) REVIEW REQUIRED.—The Assistant Secretary of 
Defense for Special Operations and Low-Intensity Conflict 
shall, in coordination with the Commander of the United 
States Special Operations Command, conduct a comprehen-
sive review of the United States Special Operations Com-
mand for purposes of ensuring that the institutional and 
operational capabilities of special operations forces are ap-
propriate to counter anticipated future threats across the 
spectrum of conflict. 
(b) SCOPE OF REVIEW.—The review required by sub-
section (a) shall include, at a minimum, the following: 
(1) An assessment of the adequacy of special op-
erations forces doctrine, organization, training, mate-
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riel, education, personnel, and facilities to implement 
the 2018 National Defense Strategy, and rec-
ommendations, if any, for modifications for that pur-
pose. 
(2) An assessment of the roles and responsibil-
ities of special operations forces as assigned by law, 
Department of Defense guidance, or other formal des-
ignation and recommendations, if any, for additions 
to or divestitures of such roles or responsibilities. 
(3) An assessment of the adequacy of the proc-
esses through which the United States Special Oper-
ations Command evaluates and prioritizes the re-
quirements at the geographic combatant commands 
for special operations forces and special operations- 
unique capabilities and makes recommendations on 
the allocation of special operations forces and special 
operations-unique capabilities to meet such require-
ments, and recommendations, if any, for modifica-
tions of such processes. 
(4) Any other matters the Assistant Secretary 
considers appropriate. 
(c) DEADLINES.— 
(1) COMPLETION
OF
REVIEW.—The review re-
quired by subsection (a) shall be completed by not
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later than 270 days after the date of the enactment 
of this Act. 
(2) REPORT.—Not later than 30 days after com-
pletion of the review, the Assistant Secretary shall 
submit to the congressional defense committees a re-
port on the review, including the findings and any 
recommendations of the Assistant Secretary as a re-
sult of the review. 
SEC. 923. QUALIFICATIONS FOR APPOINTMENT AS DEPUTY 
CHIEF MANAGEMENT OFFICER OF A MILI-
TARY DEPARTMENT. 
(a) DEPARTMENT OF THE ARMY.—An individual may 
not be appointed as Deputy Chief Management Officer of 
the Department of the Army unless the individual— 
(1) has significant experience in business oper-
ations or management in the public sector; or 
(2) has significant experience managing an en-
terprise in the private sector. 
(b) DEPARTMENT OF THE NAVY.—An individual may 
not be appointed as Deputy Chief Management Officer of 
the Department of the Navy unless the individual— 
(1) has significant experience in business oper-
ations or management in the public sector; or 
(2) has significant experience managing an en-
terprise in the private sector.
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(c) DEPARTMENT OF THE AIR FORCE.—An individual 
may not be appointed as Deputy Chief Management Officer 
of the Department of the Air Force unless the individual— 
(1) has significant experience in business oper-
ations or management in the public sector; or 
(2) has significant experience managing an en-
terprise in the private sector. 
SEC. 924. EXPANSION OF PRINCIPAL DUTIES OF ASSISTANT 
SECRETARY OF THE NAVY FOR RESEARCH, 
DEVELOPMENT, AND ACQUISITION. 
Section 5016(b)(4)(A) of title 10, United States Code, 
is amended by striking ‘‘and acquisition matters’’ and in-
serting ‘‘acquisition, and sustainment (including mainte-
nance) matters’’. 
SEC. 925. CROSS-FUNCTIONAL TEAMS IN THE DEPARTMENT 
OF DEFENSE. 
(a) ESTABLISHMENT OF CERTAIN TEAMS.— 
(1) IN
GENERAL.—Among the cross-functional 
teams established by the Secretary of Defense pursu-
ant to subsection (c) of section 911 of the National 
Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note) 
in support of the organizational strategy for the De-
partment of Defense required by subsection (a) of that
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section, the Secretary shall establish a cross-functional 
team on each matter as follows: 
(A) Electronic warfare. 
(B) Personnel security. 
(C) Close combat lethality. 
(2) ESTABLISHMENT
AND
ACTIVITIES.—Each 
cross-functional team established pursuant to para-
graph (1) shall be established in accordance with sub-
section (c) of section 911 of the National Defense Au-
thorization Act for Fiscal Year 2017, and shall be 
governed in its activities in accordance with the pro-
visions of such subsection (c). 
(3) DEADLINE FOR ESTABLISHMENT.—The cross- 
functional teams required by paragraph (1) shall be 
established by not later than 90 days after the date 
of the enactment of this Act. 
(b) ADDITIONAL CROSS-FUNCTIONAL TEAMS MAT-
TERS.— 
(1) CRITERIA
FOR
DISTINGUISHING
AMONG 
CROSS-FUNCTIONAL TEAMS.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retary shall issue criteria that distinguish cross-func-
tional teams under section 911 of the National De-
fense Authorization Act for Fiscal Year 2017 from 
other types of cross-functional working groups, com-
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† HR 5515 PAP
mittees, integrated product teams, and task forces of 
the Department. 
(2) PRIMARY RESPONSIBILITY FOR IMPLEMENTA-
TION OF TEAMS.—The Deputy Secretary of Defense 
shall establish or designate an office within the De-
partment that shall have primary responsibility for 
implementing section 911 of the National Defense Au-
thorization Act for Fiscal Year 2017. 
SEC. 926. DEADLINE FOR COMPLETION OF FULL IMPLEMEN-
TATION OF REQUIREMENTS IN CONNECTION 
WITH ORGANIZATION OF THE DEPARTMENT 
OF DEFENSE FOR MANAGEMENT OF SPECIAL 
OPERATIONS FORCES AND SPECIAL OPER-
ATIONS. 
The Secretary of Defense shall ensure that the imple-
mentation of section 922 of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2354) and the amendments made by that section is 
fully complete by not later than 90 days after the date of 
the enactment of this Act.
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Subtitle C—Organization and Man-
agement of the Department of 
Defense Generally 
SEC. 931. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MAJOR HEADQUARTERS ACTIVITIES OF THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 2 of title 10, United States 
Code, is amended by inserting after section 117 the fol-
lowing new section: 
‘‘§ 118. Major headquarters activities: limitation on 
funds available 
‘‘(a) OVERALL LIMITATION.—In any fiscal year after 
fiscal year 2020, the aggregate amount that may be obli-
gated and expended on major headquarters activities may 
not exceed an amount equal to 1.6 percent of the average 
amount authorized to be appropriated for the Department 
of Defense (including for overseas contingency operations) 
over the 10 fiscal years ending with the preceding fiscal 
year. 
‘‘(b) LIMITATIONS ON AVAILABILITY FOR PARTICULAR 
ACTIVITIES.—Within the amount available for a fiscal year 
pursuant to subsection (a), amounts shall be available as 
follows: 
‘‘(1) For the Office of the Secretary of Defense, 
not more than an amount equal to 0.4 percent of the
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average amount authorized to be appropriated for the 
Department of Defense (including for overseas contin-
gency operations) over the 10 fiscal years ending with 
the preceding fiscal year. 
‘‘(2) For the major headquarters activities of a 
military department, not more than an amount equal 
to 1 percent of the average amount authorized to be 
appropriated for the Department of Defense (includ-
ing for overseas contingency operations) for such mili-
tary department over the 10 fiscal years ending with 
the preceding fiscal year. 
‘‘(c) DISTRIBUTION
OF
REMAINING
FUNDS.—Any 
funds available in a fiscal year for major headquarters ac-
tivities under subsection (a) after the operation of sub-
section (b) in connection with such fiscal year may be dis-
tributed for availability by the Secretary of Defense among 
any major headquarters activities other than the Office of 
the Secretary of Defense. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major headquarters activities’ has 
the meaning given the term ‘major Department of De-
fense headquarters activities’ in section 346(b)(3) of 
the National Defense Authorization Act for Fiscal 
Year 2016 (10 U.S.C. 111 note).
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‘‘(2) The term ‘major headquarters activities of 
a military department’ means the following: 
‘‘(A) In the case of the Army, the Office of 
the Secretary of the Army and the Army Staff. 
‘‘(B) In the case of the Navy, the Office of 
the Secretary of the Navy, the Office of the Chief 
of Naval Operations, and Headquarters, Marine 
Corps. 
‘‘(C) In the case of the Air Force, the Office 
of the Secretary of the Air Force and the Air 
Staff. 
‘‘(3) The term ‘Office of the Secretary of Defense’ 
includes the Joint Staff.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 2 of such title is amended by in-
serting after the item relating to section 117 the following 
new item: 
‘‘118. Major headquarters activities: limitation on funds available.’’. 
SEC. 932. RESPONSIBILITY FOR POLICY ON CIVILIAN CAS-
UALTY MATTERS. 
(a) DESIGNATION OF SENIOR CIVILIAN OFFICIAL.— 
Not later than 90 days after the date of the enactment of 
this Act, the Under Secretary of Defense for Policy shall 
designate a senior civilian official of the Department of De-
fense at or above the level of Assistant Secretary of Defense 
to develop, coordinate, and oversee compliance with the pol-
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† HR 5515 PAP
icy of the Department relating to civilian casualties result-
ing from United States military operations. 
(b) RESPONSIBILITIES.—The senior civilian official 
designated under subsection (a) shall ensure that the policy 
referred to in that subsection provides for— 
(1) uniform processes and standards across the 
combatant commands for accurately recording kinetic 
strikes by the United States military; 
(2) the development and dissemination of best 
practices for reducing the likelihood of civilian cas-
ualties from United States military operations; 
(3) the development of a publicly available Inter-
net portal for the submittal of allegations of civilian 
casualties resulting from United States military oper-
ations; 
(4) uniform processes and standards across the 
combatant commands for reviewing and investigating 
allegations of civilian casualties resulting from 
United States military operations, including the con-
sideration of relevant information from all available 
sources; 
(5) uniform processes and standards across the 
combatant commands for— 
(A) acknowledging the responsibility of the 
United States military for civilian casualties re-
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sulting from United States military operations; 
and 
(B) offering ex gratia payments to civilians 
who have been injured, or to the families of civil-
ians killed, as a result of United States military 
operations, as determined to be necessary by the 
designated senior civilian official; 
(6) regular engagement with relevant intergov-
ernmental and nongovernmental organizations; and 
(7) public affairs guidance with respect to mat-
ters relating to civilian casualties alleged or con-
firmed to have resulted from United States military 
operations; and 
(8) such other matters with respect to civilian 
casualties resulting from United States military oper-
ations as the designated senior civilian official con-
siders appropriate. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the senior civilian official des-
ignated under subsection (a) shall submit to the congres-
sional defense committees a report that describes— 
(1) the policy developed by the senior civilian of-
ficial under that subsection; and 
(2) the efforts of the Department to implement 
such policy.
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SEC. 933. ADDITIONAL MATTERS IN CONNECTION WITH 
BACKGROUND 
AND 
SECURITY 
INVESTIGA-
TIONS FOR DEPARTMENT OF DEFENSE PER-
SONNEL. 
(a) ADDITIONAL MATTER FOR ANNUAL REPORTS.— 
Subsection (k)(3) of section 925 of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 115–91) 
is amended— 
(1) by redesignating subparagraphs (H) through 
(L) as subparagraphs (I) through (M), respectively; 
and 
(2) by inserting after subparagraph (G) the fol-
lowing new subparagraph (H): 
‘‘(H) The number of denials or revocations 
of a security clearance by each authorized adju-
dicative agency that occurred separately from a 
periodic reinvestigation.’’. 
(b) SENSE OF CONGRESS.—Such section is further 
amended— 
(1) by redesignating subsection (l) as subsection 
(m); and 
(2) by inserting after subsection (k) the following 
new subsection (l): 
‘‘(l) SENSE OF CONGRESS.—It is the sense of Congress 
that—